loader image

Policies & Procedures

Momentum Network
Rules and Conduct

Effective as of September 1, 2023

Contents

These Policies and Procedures form an integral part of the Independent Momentum Partner Agreement and govern the conduct of every Independent Momentum Partner.

1

Introduction

1.1Code of Ethics

Momentum Network (hereinafter "Momentum Network" or "the Company") is a values-based company that takes pride in the quality and character of its Independent Momentum Partners. The following guidelines help ensure a uniform standard of excellence throughout our organization. Each Independent Momentum Partner is expected to practice the following ethical behavior when acting on behalf of the Company:

1.2Policies Incorporated into the Independent Momentum Partner Agreement

These Policies and Procedures ("Policies"), in their current form and as amended at Momentum Network's sole discretion, are incorporated into and form an integral part of the Independent Momentum Partner Agreement (hereinafter the "Independent Momentum Partner Agreement"). Throughout these Policies, when the term "Agreement" is used, it refers collectively to the Independent Momentum Partner Agreement, these Policies, and the Momentum Network Compensation Plan. These documents are incorporated by reference into the Independent Momentum Partner Agreement (all in their current form and as may be amended by Momentum Network). It is each Independent Momentum Partner's responsibility to read, understand, comply with, and ensure he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Independent Momentum Partner, it is the sponsoring Independent Momentum Partner's responsibility to provide the most current version of these Policies and Procedures before he or she executes the Independent Momentum Partner Agreement.

1.3Changes to the Independent Momentum Partner Agreement, Policies and Procedures, or Compensation Plan

Because federal, state, and local laws, as well as the business environment, change periodically, Momentum Network reserves the right to amend the Agreement and the prices of its Momentum Network services in its sole and absolute discretion. Notice of amendments will appear in Momentum Network Official Materials. Amendments will be effective once published in Momentum Network Official Materials, including, but not limited to, postings on Momentum Network's website, distribution by email, postings in the Momentum Network newsletter, product inserts, or any other commercially reasonable method. An Independent Momentum Partner's continued conduct of a Momentum Network business or acceptance of bonuses or commissions constitutes acceptance of each and every amendment.

1.4Delays

Momentum Network will not be responsible for delays and failures in performance of its obligations when performance becomes commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riots, war, fires, floods, death, limitation of supply of a party, or governmental decrees or orders.

1.5Severability of Policies and Provisions

If any provision of the Agreement, in its current form or as amended, is found invalid or unenforceable for any reason, only the invalid portion(s) of the provision will be severed, and the remaining terms and provisions will remain in full force and effect and will be construed as if such invalid or unenforceable provision had never been part of the Agreement.

1.6Waiver

The Company never waives its right to insist on compliance with the Agreement and with applicable laws governing the conduct of a business. No failure by Momentum Network to exercise any right or power under the Agreement or to insist on strict compliance by an Independent Momentum Partner with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, will constitute a waiver of Momentum Network's right to demand exact compliance with the Agreement. Waivers by Momentum Network may be effected only in writing by an authorized officer of the Company.

2

Becoming an Independent Momentum Partner

2.1Requirements to Become an Independent Momentum Partner

To become an Independent Momentum Partner, each applicant must:

2.2Registration of a New Independent Momentum Partner via Internet

A prospective Independent Momentum Partner may enroll on the sponsor's website. In that event, in lieu of a physically signed Independent Momentum Partner Agreement, Momentum Network will accept the Agreement by accepting the "electronic signature," indicating that the new Independent Momentum Partner has accepted the terms and conditions of the Independent Momentum Partner Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Independent Momentum Partner and Momentum Network.

2.3Benefits for the Independent Momentum Partner

Once an Independent Momentum Partner Agreement has been accepted by Momentum Network, the benefits of the Compensation Plan and the Independent Momentum Partner Agreement are available to the new Independent Momentum Partner. These benefits include the right to:

3

Income Disclosure Policy

In an effort to conduct best business practices, Momentum Network has developed the Income Disclosure Statement ("IDS"). The Independent Momentum Partner IDS is designed to convey truthful, timely, and complete information about the income earned by Momentum Network Independent Momentum Partners. To achieve this goal, a copy of the IDS must be provided to all prospective Independent Momentum Partners.

A copy of the IDS must be presented to a prospective Independent Momentum Partner (someone who is not a party to a current Independent Momentum Partner Agreement) any time the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.

The terms "income claim" and/or "earnings representation" (collectively, an "income claim") include:

  1. Average earnings statements,
  2. Non-average earnings statements,
  3. Income range statements,
  4. Income testimonials,
  5. Lifestyle claims, and
  6. Hypothetical claims.

Examples of "non-average earnings statements" include: "Our top Independent Momentum Partner earned over one million dollars last year," or "Our average-rank Independent Momentum Partner earns five thousand per month." An example of an "income range statement" is: "Monthly income for our highest-ranking Independent Momentum Partners is ten thousand dollars at the low end to thirty thousand dollars per month at the high end."

At any meeting open to the public where the Compensation Plan is discussed or any type of income claim is made, you must provide each prospective Independent Momentum Partner a copy of the IDS. Copies of the IDS may be printed or downloaded at no charge from the Company website at www.momentumnetwork.net.

4

Advertising

4.1Adherence to the Momentum Network Compensation Plan

Independent Momentum Partners must adhere to the terms of the Momentum Network Compensation Plan as set forth in Momentum Network Official Materials. Independent Momentum Partners must not offer the Momentum Network opportunity through, or in combination with, any other system, program, or method of marketing not specifically set forth in Momentum Network Official Materials. Independent Momentum Partners must not require or encourage other current or prospective customers or Independent Momentum Partners to participate in Momentum Network in any manner that varies from the program as set forth in Momentum Network Official Materials. Independent Momentum Partners must not require or encourage other current or prospective customers or Independent Momentum Partners to execute any agreement or contract other than Momentum Network's official agreements and contracts to become an Independent Momentum Partner. Similarly, Independent Momentum Partners must not require or encourage other current or prospective customers or Independent Momentum Partners to make any purchase or payment to any individual or other entity to participate in the Momentum Network Compensation Plan other than those purchases or payments identified as recommended or required in Momentum Network Official Materials.

4.2Use of Sales Aids

To promote both the services and the opportunity offered by Momentum Network, Independent Momentum Partners must use sales aids and support materials produced by Momentum Network. If Independent Momentum Partners develop their own sales aids and promotional materials (including Internet advertising), despite their good intentions, they may inadvertently violate statutes or regulations that affect a Momentum Network business. These violations, even if few, could jeopardize the Momentum Network opportunity for all Independent Momentum Partners. Accordingly, Independent Momentum Partners must submit all written sales aids, promotional materials, advertisements, websites, and other literature to the Company for Company approval before use. Unless an Independent Momentum Partner receives specific written approval to use the material, the request will be deemed denied. All Independent Momentum Partners must protect and promote the good reputation of Momentum Network and the service plans provided by its preferred partners. Marketing and promotion of Momentum Network, the Momentum opportunity, the Compensation Plan, and Momentum Network services must be consistent with the public interest and must avoid any conduct or practice that is unpleasant, deceptive, false, unethical, or immoral.

4.3Intellectual Property

Momentum Network will not allow the use of its trade names, trademarks, designs, or symbols outside of sales aids produced and approved by the corporation by any person, including Independent Momentum Partners, without prior written authorization from Momentum Network. In addition, no Independent Momentum Partner may use, publish, reproduce, advertise, sell, or display in any manner the name, image or likeness, or voice of another Independent Momentum Partner without the prior written consent of the named Independent Momentum Partner. This consent must be on file with the Momentum Network Compliance Department before any use.

4.4Web Policy

A. General

It is your responsibility to ensure that your online marketing activities are truthful, not deceptive, and do not mislead customers or prospective Independent Momentum Partners in any way. Websites and online promotional activities and tactics that mislead or are deceptive are not permitted, regardless of intent. This may include any representation that you are an authorized representative of Momentum, spam linking (or blog spam), unethical search engine optimization (SEO) tactics, deceptive click-through advertisements (i.e., having the display URL of a PPC campaign appear to resolve to an official Momentum Network corporate site when it goes elsewhere), unapproved banner advertisements, and unauthorized press releases. Momentum will be the sole determiner of whether certain activities are deceptive or not.

B. Domain Names, Email Addresses, and Online Aliases

You may not use or register domain names, email addresses, and/or online aliases that could cause confusion or be misleading, causing people to believe or assume that the communication originates from or is owned by Momentum by appearing as the sender of an email. Examples of misuse include, but are not limited to:

[email protected] www.momentumpartnerdirect.com www.momentumpartnerjoin.com www.myspace.com/momentumpartner www.momentumpartnerpresident.com

Examples of permissible URLs, email addresses, and online aliases might appear as follows:

facebook.com/ilovemomentumnetwork johnsmith.com/momentumnetwork

Determinations regarding what may cause confusion, be misleading, or be considered deceptive are within Momentum's sole discretion. If you have a question about whether your chosen name is acceptable, you may submit it to [email protected] for review prior to use.

C. Approved Independent Momentum Partner Websites

The term Independent Momentum Partner Website refers to the Independent Momentum Partner website offered by Momentum or an approved vendor to Independent Momentum Partners. The term social media website refers to any site not specifically prohibited within the terms and conditions of this Agreement, such as Facebook.com, Instagram.com, Twitter.com, YouTube.com, personal blogs, or other personal websites.

D. Online Classifieds

You may not use online classifieds (including Craigslist) to list, sell, or promote specific Momentum services. You may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring, and informing the public about the Momentum opportunity provided you follow the other requirements of this Agreement, such as identifying yourself as an independent Momentum representative, using only approved images and approved versions of any trademarked logo, and not using fraudulent or misleading product or income claims.

E. E-Commerce

Approved Independent Momentum Partner websites are intended to provide Independent Momentum Partners the tools and means to generate leads, prospect business, communicate with others, sell products and services, and otherwise advance their Momentum business. Selling Momentum services in any other online retail store or e-commerce site is not permitted, nor may you list or knowingly allow a third party (customer) to sell Momentum products in any online retail store or e-commerce site. Social media sites such as Facebook may also be used to promote your Momentum business. You must provide approved Momentum links to your replicated Independent Momentum Partner website for sales and order processing. All online sales of Momentum Network products must be made and processed through the Independent Momentum Partner replicated website (or corporate site).

F. Banner Advertising

You may place banner advertising on a website so long as you use Momentum Network approved templates and images. All banner ads must link to your Independent Momentum Partner website. The use of blind ads or web pages that make non-compliant product or income claims ultimately associated with Momentum Network products or the Momentum Network business opportunity is not permitted.

G. Spam Linking

Spam linking is defined as the repetitive submission of multiple identical or similar postings to blogs, wikis, guestbooks, websites, or other publicly accessible online discussion forums, and is not allowed. This includes blog spam, blog comment spam, and/or spamdexing. Any comment you make in blogs, forums, guestbooks, etc. must be unique, informative, and relevant.

H. Social Media Websites

Network marketing companies are built on a foundation of building relationships through person-to-person contact. Social media websites, such as Facebook, Google+, Twitter, and LinkedIn, are natural extensions of this foundation. Social media websites can provide useful tools for an Independent Momentum Partner to build and maintain contacts.

You may advertise your Momentum Network business on your social media website if the advertisement is limited to social media shareable content provided by Momentum Network, by posting a video link, flyer, or other approved marketing tool found by clicking the Marketing tab in the Independent Momentum Partner Virtual Office, or by posting material approved by the Compliance Department. Although you are encouraged to advertise Momentum Network on your social media website, you may not use Momentum Network or a confusingly similar name as your account name, group name, page name, discussion name, or other social media presence, and you may not use the Momentum Network logo, the Momentum Network "Shield," or an image of a Momentum Network service as your profile picture.

If you use a social media website to market Momentum Network, you must identify yourself as an Independent Momentum Partner and not represent yourself as an official representative or employee of Momentum Network. If you participate in any network marketing company in addition to Momentum Network, you may not advertise both Momentum Network and the other network marketing opportunity on the same social media profile. Momentum Network considers advertising other network marketing opportunities to your Momentum Network contact network contained in a social media contact list to be improper solicitation and cross-sponsoring. Momentum Network maintains its own social media profiles that allow our Independent Momentum Partners to join pages created by Momentum Network corporate to communicate effectively with the Momentum Network community. However, you may not create your own groups and pages using the Momentum Network name, trademarks, logos, or marks.

If the above compliance is not met, you agree that you will immediately remove a non-compliant site upon Momentum Network's request. Appeals regarding compliance may be submitted after the site has been removed. Appeals must be directed to [email protected].

I. YouTube and Other Video Hosting Websites

Momentum Network maintains an Official Momentum Network YouTube Account to help our Independent Momentum Partners disseminate the official videos we produce. These videos may also be found by clicking Opportunity or Services on your Momentum Network-provided website or obtained in your virtual office business center to download individually to your computer (when you do not have Internet access). You are encouraged to link to or embed the YouTube videos on your own independent website or social media pages. You may use only the corporation-approved YouTube videos in their original form and may not alter them in any manner. Independent Momentum Partners may upload corporation-approved videos produced by Momentum Network to social platforms or independent sites provided that the site has been preapproved by the Compliance Department. Directing a prospect to a website with one of our videos can be an effective tool to begin a discussion about Momentum Network services and the Momentum Network business opportunity. You may not create your own YouTube accounts or other video hosting accounts to post Momentum Network corporation-approved videos. Momentum Network has ensured that the videos are available in many locations, allowing Momentum Network to maintain the most recent and effective videos available to all Independent Momentum Partners. If you create your own Momentum Network video, including a video testimonial, you must receive written approval from the Compliance Department before distributing the video.

J. Sponsored Links / Pay-Per-Click (PPC) Ads

Sponsored links or pay-per-click (PPC) ads are acceptable. The destination URL must be to your Independent Momentum Partner website. The display URL must also be to your Independent Momentum Partner website and must not depict any URL that could lead a user to assume they are being directed to a Momentum Network corporate site or otherwise be inappropriate or misleading in any manner.

K. External Websites

You are permitted to have external websites to promote your Momentum Network business and the Momentum opportunity. If you wish to use an external website, you must do the following:

You are solely responsible and liable for your own website's content, messages, claims, and information, and must ensure your website properly represents and enhances the Momentum Network brand and complies with all Momentum Network guidelines and policies. In addition, your website must not contain dishonest pop-up ads or promotions or malicious code. Decisions and corrective actions in this area are within Momentum's sole discretion. You are encouraged to use approved Momentum Network images that are available through the business toolkit.

L. Independent Momentum Partner Image Mandate

When using a social network or external website, it must contain:

While Momentum Network brand themes and images are desirable for consistency, anyone landing on your page must clearly understand they are on an Independent Momentum Partner site, not a Momentum Network corporate page.

4.5Advertised Price

You may not advertise any Momentum Network service at a price LOWER than the Company's highest published price for the equivalent service. Advertising special incentives is not permitted. This includes, but is not limited to, free membership offers or other offers that provide advantages beyond those available through the Company.

4.6Generic Business Advertisements

If advertising through newspapers or other media, the following rules apply:

Any request for variations to the above rules must be submitted to Momentum Network and approved in writing prior to publication. Please direct any inquiries to [email protected].

4.7Media and Media Inquiries

Independent Momentum Partners must not initiate any interaction with the media nor attempt to respond to media inquiries regarding Momentum Network, its services, or their independent Momentum Network business. All inquiries by any type of media must be immediately referred to the Momentum Network Compliance Department. This policy is designed to ensure that accurate and consistent information is provided to the public, as well as an appropriate public image.

4.8Email Communication

Momentum Network does not allow Independent Momentum Partners to send unsolicited emails unless such emails strictly comply with applicable laws and regulations, including relevant anti-spam laws. Any email sent by an Independent Momentum Partner that promotes Momentum Network, the Momentum opportunity, or Momentum Network services must comply with the following:

Momentum Network may periodically send commercial emails on behalf of Independent Momentum Partners. By entering into the Independent Momentum Partner Agreement, the Independent Momentum Partner agrees that the Company may send such emails and that the Independent Momentum Partner's physical and email addresses will be included in such emails as described above. Independent Momentum Partners must honor opt-out requests generated as a result of such Company-sent emails. Except as provided in this section, Independent Momentum Partners may not use or transmit unsolicited faxes or use an automatic telephone dialing system in connection with operating their Momentum Network businesses.

G. Telemarketing and cold calls

It is prohibited to make cold calls or initiate mass telephone contact to people with whom you do not have a prior relationship, outside of your warm market, or in violation of Do-Not-Call rules and applicable state laws.

H. Autodialers, prerecorded messages, and automation

It is prohibited to use automatic dialing systems, prerecorded messages/robocalls, or automated systems to promote Momentum Network, except where legally permitted, with the required consent, and (when applicable) with prior written authorization from the Compliance Department.

I. Flyers, pamphlets, and printed materials

Distributing flyers, brochures, or materials not produced or approved by Momentum Network for the purpose of acquiring Customers or Independent Momentum Partners is prohibited.

J. Informal markets

Marketing or recruiting at flea markets, garage sales, swap meets, or similar events is prohibited, as it does not align with the professional image the Company seeks to maintain.

K. TV/Radio advertising

Independent Momentum Partners will not use radio or television media to advertise or promote Momentum Network services or the Momentum opportunity without prior written authorization from the Company.

L. Messaging and SMS

Sending SMS or automated messaging for commercial purposes must comply with applicable consent and legal requirements (including TCPA and state rules). It is prohibited to send unsolicited bulk SMS or ignore unsubscribe/do-not-contact requests.

5

Operating a Momentum Network Business

5.1Business Entities

A corporation, partnership, or trust (collectively referred to in this section as a "Business Entity") may apply to be an Independent Momentum Partner by submitting an Independent Momentum Partner Application and Agreement along with its Certificate of Incorporation, Articles of Organization, Partnership Agreement, or trust documents (collectively, the "Entity Documents") to Momentum Network. A Momentum Network business 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 Partner(s) must provide the Entity Documents to Momentum Network. The Partner application must be signed by all shareholders, partners, or trustees. The members of the entity are jointly and severally responsible for any debt or other obligation to Momentum Network.

5.1.1Changes in a Business Entity

Each Independent Momentum Partner must immediately notify Momentum Network of any change in the type of business entity used to operate his or her Momentum Network business, and of the addition or removal of business associates. A Momentum Network business 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. The Partner Agreement form must be signed by all shareholders, partners, or trustees. The members of the entity are jointly and severally responsible for any debt or other obligation to Momentum Network.

5.1.2Change of Sponsor

To protect the integrity of all marketing organizations and safeguard the hard work of all Independent Momentum Partners, Momentum Network rarely permits sponsor changes, with the rare exception of direct upline changes (meaning placement is not affected). A direct upline change request must be made by submitting a completed Sponsor Change Request Form within seven (7) days of the enrollment date and must come from the currently listed sponsor.

5.1.3Change of Placement

A request for a placement change must be submitted within seven (7) days of the enrollment date and must be requested by the currently listed sponsor. An Independent Momentum Partner may be moved only within the same sponsor organization. If approved, an Independent Momentum Partner is placed in the first available open position at the bottom on the date the change is made. Independent Momentum Partners who have earned commissions or achieved a rank are not eligible for placement changes. Please note that decisions on any change request (sponsor or placement) are within Momentum Network's sole discretion.

5.2Unauthorized Claims and Actions

5.2.1Indemnification

An Independent Momentum Partner is fully responsible for all verbal and/or written statements made regarding Momentum Network services and the Compensation Plan that are not expressly contained in Momentum Network Official Materials. Independent Momentum Partners agree to indemnify and hold Momentum Network harmless from all liability, including judgments, civil penalties, refunds, attorney fees, court costs, or loss of business incurred by Momentum Network as a result of the Independent Momentum Partner's unauthorized representations or actions. This provision survives cancellation of the Independent Momentum Partner Agreement.

5.2.2Endorsements of Momentum Network Services

No claims may be made regarding any service offered by Momentum Network except those contained in Momentum Network Official Materials.

5.3Conflicts

5.3.1Non-Solicitation

Independent Momentum Partners are free to participate in other network marketing businesses or marketing opportunities (collectively "Network Marketing"). However, during the term of this Agreement, Independent Momentum Partners may not directly or indirectly recruit other Independent Momentum Partners or Customers, who are not personally sponsored by them, for any other Network Marketing business. After cancellation of an Independent Momentum Partner Agreement, and for a period of one (1) calendar year thereafter, a former Independent Momentum Partner may not recruit any Independent Momentum Partner or Customer for another Network Marketing business.

5.3.2Sale of Competitive Goods or Services

During this Agreement and for 12 months thereafter, Independent Momentum Partners must not sell, nor attempt to sell, any non-Momentum Network program that is competitive. Any program, product, service, or direct-sales opportunity in the same general categories as Momentum Network services is considered competition, regardless of differences in cost, quality, or other distinguishing factors.

5.3.3Focusing on Other Direct Sellers

If Independent Momentum Partners engage in soliciting and/or enticing members of another direct sales company to sell or distribute Momentum Network services, they risk being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against an Independent Momentum Partner alleging improper recruiting activities of that company's sales force or Customers, Momentum Network will not pay any defense costs or legal fees for the Independent Momentum Partner, nor indemnify the Independent Momentum Partner for any judgment, award, or settlement.

5.3.4Privacy and Confidentiality

All Independent Momentum Partners must comply with the Company's Privacy Policy regarding Independent Momentum Partner and customer information.

5.3.5Data Management Rule

The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Independent Momentum Partners and Momentum Network. LOS information is information compiled by Momentum Network that reveals or relates to all or part of the specific sponsorship arrangement within the Momentum Network business, including, without limitation, Partner lists, sponsorship trees, and all Partner information generated therefrom, in present and future forms. Momentum Network's LOS constitutes a unique, commercially advantageous, proprietary trade secret ("Proprietary Information") that Momentum Network keeps proprietary, confidential, and treats as a trade secret. Momentum Network is the sole owner of all Proprietary Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Momentum Network and its Partners. Through this Rule, Independent Momentum Partners are granted a personal, non-exclusive, non-transferable, and revocable right (revocable by Momentum Network) to use the Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Independent Momentum Partner stating the reason(s) for such denial or revocation, provided that, in Momentum Network's reasonable opinion, such action is necessary to protect the confidentiality or value of the Proprietary Information. All Independent Momentum Partners shall hold Proprietary Information in the strictest confidence and take all reasonable and appropriate measures to safeguard Proprietary Information and maintain its confidentiality.

5.4Cross Sponsoring

Actual or attempted cross sponsoring of any Independent Momentum Partner from one lateral group to another branch of business within Momentum Network or to any other Network Marketing opportunity is strictly prohibited. "Cross sponsoring" is defined as the enrollment, directly or indirectly, of an individual or entity who already has a current customer number or an Independent Momentum Partner Agreement on file with Momentum Network, or who has had such an agreement within the previous six (6) calendar months. The use of a spouse's or relative's name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers, or fictitious identification numbers to circumvent this policy is prohibited. This policy does not prohibit the transfer of a Momentum Network business in accordance with the "Sale, Transfer, or Assignment of a Momentum Network Business" section of these Policies and Procedures.

5.5Government Approval or Endorsement

Neither federal nor state regulatory agencies nor officials approve or endorse any direct sales or network marketing company or programs. Therefore, Independent Momentum Partners must not represent or imply that Momentum Network or its Compensation Plan has been "approved," "endorsed," or otherwise sanctioned by any government agency.

5.6Identification

All Independent Momentum Partners must provide their Social Security Number, Federal Employer Identification Number, or government-issued identification number to Momentum Network either in the Independent Momentum Partner Agreement or upon Company request. Upon enrollment, the Company will provide a unique Independent Momentum Partner Identification Number by which the Partner will be identified. This number will be used to place orders and track commissions and bonuses.

5.7Income Taxes

Each year, Momentum Network will provide an IRS Form 1099-MISC earnings statement (Nonemployee Compensation) to each U.S. resident as required by the Internal Revenue Service. Each Independent Momentum Partner is responsible for paying local, state, and federal taxes on any income generated as an Independent Momentum Partner. If a Momentum Network business is tax-exempt, the Federal Tax Identification Number must be provided to Momentum Network. Any Independent Momentum Partner who does not provide a valid Social Security Number is subject to federal backup withholding laws, and 28% of his or her commissions and bonuses will be withheld and remitted to the IRS.

5.8Independent Contractor Status

You are an independent contractor. You are not an agent, employee, partner, or in a joint venture with the Company. You may not represent yourself as anything other than an Independent Momentum Partner. You have no authority to bind Momentum Network to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes, and other taxes required by law. You must obey all federal, state, and local laws, as well as the Company's rules and regulations related to your Independent Momentum Network business or the acquisition, receipt, holding, sale, distribution, or advertising of Momentum Network services.

5.9Bonus Buying

Subscribing to services solely for the purpose of collecting bonuses or achieving a rank is prohibited. All services purchased by Independent Momentum Partners must be specifically for personal use.

5.10Stacking

Stacking is the unauthorized manipulation of the Momentum Network compensation system and/or marketing plan to trigger commissions or cause an Independent Momentum Partner in the downline to be promoted in an unearned manner. An example of stacking occurs when a sponsor places participants under an active or inactive downline Partner (who may not know or have any relationship with the customers) to trigger an unearned commission qualification. Another example is the manipulative placement of Independent Momentum Partners within a downline organization to trigger a promotion. Stacking is unethical and unacceptable behavior and is punishable by measures up to and including termination of the Independent Momentum Partner positions of all individuals found to be directly involved.

5.11One Momentum Business per Independent Momentum Partner

An Independent Momentum Partner may operate or have an ownership interest, legal, equitable, direct or indirect, in only one (1) Momentum Network business. No person may have, operate, manage, control, influence, benefit from, or receive compensation, directly or indirectly, from more than one (1) Momentum Network business, unless Momentum Network grants prior, express written authorization. Any such authorization will be granted only exceptionally, interpreted restrictively, and subject to ongoing compliance with all Company Policies and Procedures.

For all purposes of the Agreement, these Policies, and the Compensation Plan, persons who are legally married to each other will be considered by Momentum Network as one and the same economic and operating entity. Accordingly, legally married persons may not, under any reason or circumstance, operate, own, manage, control, sponsor, or participate in two (2) separate Momentum Network businesses, directly or indirectly, regardless of their place of residence, marital property regime, separation of assets, prenuptial or postnuptial agreements, use of separate legal entities, distinct tax identification numbers, separate bank accounts, trade names, DBAs, trusts, corporations, partnerships, straw third parties, or any other legal, contractual, or administrative mechanism.

Persons who live in the same residence but are not legally married to each other may operate independent Momentum Network businesses only when each business is truly independent, with no shared control, no shared direct or indirect economic benefit, no strategic coordination, no cross sponsoring, no stacking, no simulation, no collusion, and no other conduct that, in Momentum Network's sole discretion, has the purpose or effect of evading these Policies, manipulating the Compensation Plan, or undermining the integrity of the network. The burden of proving such independence rests exclusively on the Partners involved.

Any attempt to evade, circumvent, or simulate compliance with this policy, whether through the use of family members, friends, third parties, legal entities, apparent transfers, undisclosed private agreements, or other artifices, constitutes a material and serious breach of the Agreement.

Any authorization, exception, or permission granted by Momentum Network under this section, including those related to individuals of the same family unit, may be revoked at any time, in Momentum Network's sole and exclusive discretion, with or without cause, with or without prior notice, and without such revocation creating any right to compensation, reimbursement, or claim. Momentum Network will be the sole and exclusive arbiter to determine compliance, the existence of true independence, and the continuation or revocation of any authorization granted under this section.

Failure to comply with this policy may result, at Momentum Network's sole discretion, in one or more of the disciplinary measures set forth in Section 9 of these Policies and Procedures, including involuntary termination of the Agreement.

5.12Succession

Upon the death or incapacity of an Independent Momentum Partner, his or her business may be passed to designated heir(s). Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Provided that a Momentum Network business is transferred by will or other probate process, the beneficiary acquires the right to collect all bonuses and commissions from the marketing organization of the deceased Independent Momentum Partner, provided the following qualifications are met:

5.13Sale, Transfer, or Assignment of a Momentum Network Business

Although a Momentum Network business is a private business, independently operated, the sale, transfer, or assignment of a Momentum Network business is subject to certain limitations. If an Independent Momentum Partner wishes to sell his or her Momentum Network business, the following criteria must be met:

Before selling a Momentum Network business, the selling Independent Momentum Partner must notify Momentum Network by email at [email protected] of the intent to sell the Momentum Network business. No changes in the line of sponsorship may result from the sale or transfer of a Momentum Network business. An Independent Momentum Partner may not sell, transfer, or assign portions of his or her business; the position must be sold in its entirety.

5.14Separation of a Momentum Network Business

At times, Independent Momentum Partners operate their Momentum Network businesses as partnerships, corporations, or other legal entities. In the event of a separation or division of the business due to divorce or dissolution of the entity, arrangements must be made to ensure that the interests and income of other Partners and the Company are not adversely affected. If the separating parties do not timely provide for the best interests of other Partners and the Company, Momentum Network may take appropriate action, including cancellation of the Independent Momentum Partner Agreement.

During the divorce or dissolution process, the parties must adopt one of the following methods of operation:

5.15Sponsorship

All qualified Independent Momentum Partners in good standing have the right to sponsor and enroll others in Momentum Network. Each prospective Customer or prospective Independent Momentum Partner has the ultimate right to choose his or her own Sponsor. If two Independent Momentum Partners claim to be the Sponsor of the same new Independent Momentum Partner or Customer, the Company will consider the first application received by the Company to prevail.

5.16Customers Who Become Independent Momentum Partners

Existing Customers may become Independent Momentum Partners by paying the conversion fee.

6

Responsibilities of Independent Momentum Partners

6.1Change of Address, Phone, Email Address

To ensure timely communications, delivery of support materials, and commission payments, it is critically important that Momentum Network records are current. Independent Momentum Partners planning to move or change their email address must submit a completed amended Independent Momentum Partner Agreement with the new information.

6.2Responsibilities of the Sponsoring Independent Momentum Partner

6.2.1Initial Training

Any Independent Momentum Partner who sponsors another Independent Momentum Partner in Momentum Network must perform a genuine assistance and training function to ensure his or her downline is operating the Momentum Network business properly. Independent Momentum Partners must provide the most current version of the Policies and Procedures, the Income Disclosure Statement, and the Compensation Plan to the persons they are sponsoring to become Independent Momentum Partners before the applicant signs an Independent Momentum Partner Agreement.

6.2.2Ongoing Training Responsibilities

Independent Momentum Partners must supervise Independent Momentum Partners in their downline organizations to ensure they do not make improper claims about the products or the business, nor engage in illegal or inappropriate conduct. Upon request, each Independent Momentum Partner should be able to provide Momentum Network documented evidence of ongoing compliance with Sponsor responsibilities.

6.3Non-Disparagement

Independent Momentum Partners must not defame, disparage, or make negative comments about Momentum Network, other Independent Momentum Partners, Momentum Network services, the Compensation Plan, or Momentum Network owners, board members, directors, officers, or employees.

6.4Reporting Policy Violations

Independent Momentum Partners who observe a violation of the Policies by another Independent Momentum Partner must send an email to [email protected] regarding the violation, including all supporting evidence and pertinent information. It is important to understand that the information submitted will be kept confidential.

7

Billing

7.1Automatic Billing

Memberships renew automatically every 30 days using the payment method on file (including the Optima Membership, when applicable). If an Independent Momentum Partner has an outstanding weekly balance or a monthly payment due, the next month's fees may be deducted from the outstanding balance.

8

Bonuses and Commissions

8.1Qualifications for Bonuses and Commissions

To qualify to receive commissions as described in the Momentum Network Compensation Plan, an Independent Momentum Partner must be Qualified and in good standing and comply with the terms of the Independent Momentum Partner Agreement and these Policies and Procedures. From time to time, Momentum Network will run contests and promotions outside the Compensation Plan. To qualify for additional compensation related to a contest or promotion, the Independent Momentum Partner must be Qualified during the contest or promotion term, and any Independent Momentum Partner or Customer requirements needed to qualify for such additional compensation must be Qualified and/or Active during the duration of the contest or promotion.

8.2Prohibition of Bonus Buying

Bonus buying is strictly and absolutely prohibited. Bonus buying includes:

8.3Reports

All information provided by Momentum Network, including but not limited to personal sales volume (or any portion thereof) and downline enrollment activity, is believed to be accurate and reliable. However, due to factors including but not limited to the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; credit card payment denials; and commission disbursements, an Independent Momentum Partner whose Agreement is canceled will receive commissions and bonuses only for the last complete pay period in which he or she worked before cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation). A Momentum Network participant has the right to cancel at any time, regardless of the reason. The cancellation request must be sent by email to [email protected]. To process the cancellation request, the Momentum participant must send the email from the email address registered on his or her Momentum Network account(s).

Important Note

A Momentum Network account may only be canceled by the account holder.

8.4Administrative Fees

Administrative fees of $3.99 will be deducted from commissions. Returned payments will result in a $30 return fee for the Independent Momentum Partner.

8.5Delay in Commission Payments

Momentum Network is not responsible for lost commissions or delayed payments due to any of the following: (i) the Agreement is not on file with Momentum Network or is incomplete, incorrectly completed, or not executed; (ii) improper notice of a change of address has occurred; (iii) outdated forms are submitted to Momentum Network; or (iv) there are problems processing customer information.

8.6Refunds, Chargebacks, and Commission Adjustments

In the event of refunds, returns, cancellations, chargebacks, or returned payments, Momentum Network may adjust, withhold, recover, or offset related bonuses and commissions, to the extent permitted by law and by the then-current Compensation Plan.

9

Dispute Resolution and Disciplinary Procedures

9.1Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an Independent Momentum Partner that, in the Company's sole discretion, may damage its reputation or goodwill (such harmful act or omission need not be related to the Independent Momentum Partner's Momentum Network business), may result, at Momentum Network's discretion, in one or more of the following corrective measures:

Each violation is reviewed case by case, and all disciplinary actions are within Momentum Network's sole discretion.

9.2Mediation

Before initiating arbitration, the parties will meet in good faith and attempt to resolve any dispute arising out of or relating to the Agreement through non-binding mediation. A mutually acceptable person will be appointed as mediator. The mediator's fees and costs, as well as the costs of holding and conducting the mediation, will be divided equally between the parties. Each party will pay its share of the shared fees and costs in advance at least ten (10) days before the mediation. Each party will pay its own attorneys' fees, costs, and individual expenses associated with conducting and attending mediation. The mediation will be held in Miami, Florida, and will last no more than two (2) business days.

9.3Arbitration

If mediation is unsuccessful, any controversy or claim arising out of the Agreement or its breach will be resolved by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and the award rendered by the arbitrator may be entered in any court having jurisdiction. Independent Momentum Partners waive all rights to a jury trial or any court. All arbitration proceedings will be held in Miami, Florida. All parties will be entitled to all discovery rights in accordance with the Federal Rules of Civil Procedure. There will be one arbitrator, an attorney, who must have experience in business-law transactions with a strong preference for being an attorney knowledgeable in the direct selling industry, selected from the panel provided by the American Arbitration Panel. Each party to the arbitration will be responsible for its own arbitration costs and expenses, including legal and filing fees. The arbitrator's decision will be final and binding on the parties and, if necessary, may be reduced to judgment in any court of competent jurisdiction. This arbitration agreement survives any termination or expiration of the Agreement.

No class action, representative action, or private attorney general action, nor the joinder or consolidation of a claim with another person's claim or class of claimants, will be permitted.

Nothing in these Policies and Procedures prevents Momentum Network from seeking and obtaining from any court with jurisdiction an attachment order, temporary restraining order, preliminary injunction, permanent injunction, or other available relief to safeguard and protect Momentum Network's interest before, during, or after the filing of any arbitration or other proceeding or pending a decision or award in connection with any arbitration or other proceeding.

9.4Governing Law, Jurisdiction, and Venue

Jurisdiction and venue for any matter not subject to arbitration shall reside exclusively in Miami, Florida. The Federal Arbitration Act governs all matters related to arbitration. Florida law governs all other matters related to or arising from the Agreement. Notwithstanding the foregoing, and the arbitration provision in this Agreement, residents of the State of Louisiana have the right to bring an action against Momentum Network in their local forum and in accordance with Louisiana law.

10

Effect of Cancellation

10.1Effect of Cancellation and Termination

As long as an Independent Momentum Partner remains Qualified and complies with the terms of the Independent Momentum Partner Agreement and these Policies, Momentum Network will pay commissions to that Independent Momentum Partner in accordance with the Compensation Plan. An Independent Momentum Partner's bonuses and commissions constitute the total consideration for the Independent Momentum Partner's efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). After non-continuation, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of an Independent Momentum Partner Agreement (collectively, "Cancellation"), the former Independent Momentum Partner will have no right, title, claim, or interest in the downline organization he or she operated, nor in any commission or bonus from sales generated by that organization. Independent Momentum Partners waive any and all rights, including but not limited to property rights, in the downline they may have had.

After cancellation, the former Independent Momentum Partner will not represent himself or herself as an Independent Momentum Partner and will have no right to sell Momentum Network products or services. An Independent Momentum Partner whose Agreement is canceled will receive commissions and bonuses only for the last complete pay period in which he or she worked before cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).

A Momentum Network participant has the right to cancel at any time, regardless of the reason. Cancellation must be sent by email to [email protected]. To process cancellation, the Momentum participant must send the email from the email address registered on his or her Momentum Network account.

Important Note

A Momentum Network account may only be canceled by the account holder.

10.2Non-Renewal

An Independent Momentum Partner Agreement may be canceled for non-renewal after sixty (60) days of Inactive status, as further described in the Definitions below.

11

Definitions

For purposes of these Policies and Procedures, the following definitions apply:

Agreement

The contract between the Company and each Independent Momentum Partner; includes the Independent Momentum Partner Agreement, the Momentum Network Policies and Procedures, and the Momentum Network Compensation Plan, all in their current form and as amended by Momentum Network at its sole discretion. These documents are collectively referred to as the "Agreement."

Cancel

Termination of an Independent Momentum Partner's business. Cancellation may be voluntary, involuntary, or for non-renewal after sixty (60) days of Inactive status.

Compensation Plan

The guidelines and reference literature describing how Independent Momentum Partners may generate commissions and bonuses.

Customer

A customer who purchases Momentum Network services and does not participate in building a business or selling the service.

Momentum Partner

An individual who purchases service plans, generates sales, and earns commissions by building a business.

Line of Sponsorship (LOS)

A report generated by Momentum Network that provides critical data related to the identities of Independent Momentum Partners, sales information, and enrollment activity of each Independent Momentum Partner's organization. This report contains confidential information and trade secrets owned by Momentum Network.

Organization

The Customers and Independent Momentum Partners placed beneath a particular Independent Momentum Partner.

Momentum Network Official Materials

Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Momentum Network to Independent Momentum Partners.

Placement

Your position within your Sponsor's organization.

Recruit

For purposes of Momentum Network's Conflict of Interest Policy, the term "Recruit" means the solicitation, enrollment, encouragement, or current or attempted effort to otherwise influence, directly or indirectly, or through a third party, another Independent Momentum Partner or Customer to enroll or participate in another multi-level marketing, network marketing, or direct selling opportunity.

Sponsor

An Independent Momentum Partner who enrolls a Customer or another Independent Momentum Partner in the Company and is listed as the Sponsor on the Independent Momentum Partner Agreement. The act of enrolling others and training them to become Independent Momentum Partners is called "sponsoring."

Upline

In the context of Momentum Network, the term "UPLINE" refers to the Independent Momentum Partners above a particular Independent Momentum Partner in a line of sponsorship up to the Company. It is the sponsor line linking any particular Independent Momentum Partner to the Company.

12

Regulatory Compliance (FTC, TSR, CROA, TCPA, CAN-SPAM, Florida and Applicable State Rules)

12.1Purpose and Scope

This section establishes mandatory compliance rules to protect Momentum Network (the "Company"), Independent Momentum Partners, and consumers. It applies to all promotion, referrals, sales, recruiting, and communication related to Momentum Network, including calls, SMS, emails, direct messaging, social media, in-person events, webinars, paid ads, external pages, and any digital or printed content. These rules do not replace legal advice; each Independent Momentum Partner is responsible for complying with all applicable federal, state, and local laws, in addition to the Agreement, these Policies, the Compensation Plan, Section 3 (IDS), and the Company's current Official Materials.

12.2General Rules Against Deceptive Practices (FTC)

12.3Essential Clarification: Momentum Network Does Not Perform Credit Restoration/Repair; Optima and Provider

12.4Mandatory Rules for Communications About Credit Restoration/Repair (CROA and Applicable Rules)

If an Independent Momentum Partner participates directly or indirectly in activities related to credit restoration/repair (including referrals, lead capture, follow-up, closing, or collections), he or she must comply with the following:

12.5Telemarketing and Consumer Contact (TSR, Do-Not-Call, TCPA, and State Laws)

If an Independent Momentum Partner conducts or coordinates calls, SMS, or campaigns that qualify as telemarketing, he or she must:

12.6Recruiting and Network Marketing Rules (Anti-Pyramid Focus and Income Claims)

12.7Florida: DBPR and Other Applicable State Agencies

When an Independent Momentum Partner contacts or sells to consumers located in Florida, or conducts telemarketing into Florida from any location, he or she must verify and comply with applicable state requirements (e.g., registration/licensing, financial assurances, disclosures, and Do Not Call lists where applicable). Momentum Network may require documentary evidence of compliance as a condition to authorize campaigns or to continue operating in that jurisdiction.

12.8Training, Monitoring, Audits, and Sanctions

Momentum Network may require compliance training (FTC/TSR/CROA/TCPA/CAN-SPAM/state laws), review materials and scripts, request evidence of compliance, order removal of non-compliant content, and suspend campaigns. Noncompliance with this section constitutes a material breach of the Agreement and may result in sanctions under Section 9, including involuntary termination.

12.9Endorsements, Testimonials, Reviews, and Influencers (Disclosure and Truthfulness)

12.10Digital Communication, Email, and Anti-Spam (CAN-SPAM and Analogous Rules)

12.11Materials, Scripts, and Paid Advertising (Brand Control and Pre-Approval)

12.12Incident Reporting and Cooperation

Each Independent Momentum Partner must immediately report to [email protected] any significant complaint, investigation, subpoena, lawsuit, or government notice related to credit restoration (including Optima/Momentum American Credit), telemarketing, automated messaging, data privacy, or income claims. Good-faith cooperation in internal compliance investigations is required, including providing materials, ads, scripts, consent records, and opt-out/no-call evidence when requested.

Additional Definitions (Compliance)

13

Additional Provisions (Update)

The following provisions are added to the current Momentum Network Rules and Conduct document. They do not replace existing sections; they supplement them. In the event of an apparent conflict, the interpretation that preserves the integrity of the Agreement, the Policies, and the Official Materials will prevail, and the Company may issue clarifications.

13.1Events and Activities

Any event or activity directly or indirectly linked to Momentum Network or any of its organizations, with an estimated attendance of more than 25 people, must have prior approval from the Company. Events in which tickets/entries are charged or any type of payment is received for access must be managed, administered, and regulated by the Company (including, when applicable, the payment platform, access controls, accounting, and refund policies).

13.2Merchandising (Merch) and Handling of Surplus

It is strictly prohibited for an Independent Momentum Partner (or any third party on his or her behalf) to manufacture, sell, resell, or profit from merchandise (merch) that is directly or indirectly related to Momentum Network, its brands, events, leaders, teams, organizations, or community, unless prior written authorization is obtained from the Company. Any merch initiative related to Momentum Network may be created, managed, and regulated only by the Company. When the Company authorizes a specific action, it may establish conditions for design, production, inventory, distribution, and brand control. Any surplus derived from ticket/entry revenue and/or merch sales (when applicable) will be administered and allocated at the Company's discretion.

13.3Intellectual Property (Content Created by an IMP)

All content (including, without limitation, images, audio, videos, scripts, designs, templates, text, and creative pieces) created under an IMP contract may be used by the Company even after the IMP's contract has ended, to the extent permitted by law and applicable agreements.

13.4Six-Month Rule for Sponsor Change

Except for the exceptions expressly permitted in these Policies (e.g., corrections requested within the initial permitted windows and in accordance with Company procedure), to request a sponsor change, the Momentum Partner must have remained inactive for a minimum of 6 consecutive months. Any sponsor change request is subject to review and approval at the Company's sole discretion and may require additional documentation and verification.

13.5Business Inheritance

Momentum Network/IMP businesses may be inherited for up to 3 generations, subject to standard industry requirements, compliance with these Policies, and applicable legal documentation.

13.6Independent Education System

It is prohibited to create, operate, promote, or market an independent education system related directly or indirectly to Momentum Network, its programs, its opportunity, or its community, unless prior written authorization is obtained from the Company.

Momentum Network — Rules and Conduct  ·  Effective as of September 1, 2023  ·  Questions: [email protected]
Scroll to Top