Terms & Conditions
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Terms & Conditions

This Agreement is a legal document, which sets out your rights and obligations and those of RG Dynamic Markets, LLC dba NvestBates.com, hereafter referred to as NvestBates, a Delaware Limited Liability Company located in and according to the laws of Kansas. You must take the time to read and understand it before registering with NvestBates cashback site. By choosing to shop through NvestBates you accept that you are entering into a contract with us on the terms of this “Agreement”. You should be aware that this Agreement might change from time to time. People who use NvestBates establish an "Account" and are referred to as "Members". Members may purchase products and services through NvestBates and may also participate in our cash back rewards and commission compensation programs.

For purposes of this agreement, a Member is an individual, partnership or corporation whose completed application has been accepted by NvestBates. Only authorized Members may participate in any cash back, rebate or commission compensation program available through NvestBates. Members are not subject to any minimum purchase requirements. Members must comply with all applicable laws of their respective jurisdiction and with the terms of this Agreement in order to keep their Membership active. NvestBates may at any time discontinue a Members Membership for any reason as listed below.

Only Members in good standing may receive commissions based on the purchases made by other Members in their Cash Back Investment Community down line or sell any product offered by NvestBates. 

Becoming a Member

By becoming a Member and using our service, you agree to be bound by this Agreement. Enrollment as a Member is simple: you simply complete the Member enrollment form and click "Sign Up". No purchase of any kind or payment of any fee is required to become a Member or to maintain your status as a Member.  Members must be at least the age of consent/majority in their state of residence, agree to the terms of this Agreement, and agree not to use NvestBates website for any illegal or fraudulent activity. Membership is free for an annual subscription. Please be aware that being a Member with NvestBates and having the opportunity to earn cashback are offered at the sole discretion of NvestBates, and we have the right to change this Agreement in whole or in part, at any time, at our discretion.  You must register for Membership using accurate and current information about yourself - including your correct email address and any other requested details.

Member agrees that this Agreement, including the structure of our cash back rewards and commission compensation programs, may be amended at the sole discretion of NvestBates, and agrees to abide by all such amendments. Notification of amendments shall be posted at the NvestBates home page and in each Member’s Member Profile. Amendments shall become effective 30 days after notice of the amendments is posted, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. If you do not agree to any such amendment, your sole recourse is the voluntary cancellation of your Member Agreement. The continuation of your Member Agreement or your acceptance of any cash back rewards, commissions, or commission overrides after the effective date of any amendments shall constitute your acceptance of any and all amendments.

Member further understands and agrees that NvestBates may, at its sole discretion, change, modify, amend, or withdraw any membership program hereunder.  Notice of any such change, modification, amendment or withdrawal shall be given as provided above and shall take effect 30 day after such notification.

Member further understands and agrees that the NvestBates cash back rewards program is subject to the terms and conditions of the various agreements that NvestBates has entered into with participating Merchants and that such Merchants may alter the terms of their cash back rewards programs at any time without notice to either Member or NvestBates.  Member agrees that NvestBates shall not be liable for, and Member agrees to hold NvestBates harmless from, any and all damages incurred by Member as a result of any such Merchant’s unilateral action in withdrawing, altering or amending its participation with the NvestBates program.

Members are independent contractors and are not agents, employees, partners, legal representatives, or franchisees of NvestBates. Member understands that he/she shall not be treated as an employee of NvestBates for Federal or State Tax purposes. NvestBates is not responsible for withholding, and shall not withhold or deduct from any commissions or override bonuses paid to a Member, if any, FICA or taxes of any kind.  Member understands that he/she is not entitled to workers compensation or unemployment security benefits of any kind from NvestBates. Member is responsible for payment of all applicable Federal and State taxes including social security taxes, unemployment taxes, sales taxes and income taxes, and will abide by all applicable Federal, State and Local laws. In all instances, Member will be solely responsible for any and all tax liability arising out of the consideration received for cash rebates, commissions and or Member referral compensation.

Membership Programs, Guidelines and Fee’s: Participation is subject to the following Program levels, qualifications and fees.

FREE: Members join as a ShopNvestBates Member automatically. There is no fee for participation in this membership level (Level I) and Member earns Rebate commissions on their shopping as well as on the shopping of the Members they introduce (Level II) free of charge.

NvestBates Advantage Program: Once a member reaches three months of commissions equal to $20 from the earnings of members in levels, III, IV and or V, the member is automatically advanced to the Advantage Level. NvestBates will notify member of such advancement and member acknowledges and accepts automatic advancement. NvestBates Advantage allows the member to receive Cash Back compensation from levels three through five as well as marketing support as described. The fee for this level is $8.95 per month and is automatically deducted from members Cash Back Commisions prior to pay out. Marketing to include NvestBates “best ideas” for building and nurturing member community. Member may terminate this membersip level at anytime and acknowledges commissions from levels 3,4 and 5 will terminate.

NvestBates Power Program: For members who want advanced marketing support members may join the Power Program. Power Program includes automated email to member community and help building Social Networks such as LinkedIn, FaceBook, Twitter, Instagram, etc. but is not as extensive as the Ultra Level. Particpation in the Power Program is $15.95 per month. Member may teminate the Power Program at anytime and change to the Ultra, Advantage or ShopNvestBates Program level. Member acknowledges that is member terminates and moves to the ShopNvestBates Program, commissions from level 3, 4 and 5 will terminate as well.

NvestBates Ultra Program: For the ultimate NvestBates experience, members may enroll in the NvestBates Ultra Program. Ultra includes automated email support, automated social network support, personal NvestBates Shopping and Wealth Development Coach support, monthly conference call coaching as well as a personal introduction to a pre-qualified and trained wealth management specialist participating in AmericasRetirementPlan.com. Access to the NvestBates Ultra program is available for 90 days for free upon acceptance, thereafter the fee is $34.95 per month. Member may teminate the Ultra Program at anytime and change to the Power, Advantage or ShopNvestBates Program level. Member acknowledges that is member terminates and moves to the ShopNvestBates Program, commissions from level 3, 4 and 5 will terminate as well.

If Member resides in the United States or is subject to U.S. income tax, Member agrees that he/she shall, upon request from NvestBates, properly complete and submit to NvestBates an IRS Form W-9 Request for Taxpayer Identification Number. In no event will NvestBates pay compensation of any kind in excess of $599 to any Member who has not provided it with a properly completed Form W-9.

Member agrees and understands that he/she cannot bind NvestBates or any of its provider companies by any promise or agreement, to incur any debt, expense, or liability in its name or account

Member verifies that he/she is at least the age of consent for the state in which Member resides.

NvestBates.com is an automated transaction engine, making it possible for Members to earn cash back on online purchases made through the NvestBates program.  When a Member is logged in to the NvestBates program and makes a purchase from the website of a participating Merchant, that Merchant pays a rebate to NvestBates.  A portion of that rebate is retained by NvestBates and the remainder is paid to Member who made the purchase and to the Member’s upline Members pursuant to the commission compensation plan herein.  Members can elect to receive their cash back rebates, commissions, and override commissions paid to them or transferred to an investment account as provided herein.

To qualify for cashback, the Member must complete a Qualifying Transaction in which the Merchant confirms that the Member’s purchase is tracked, genuine and successful. Cashback is earned by Members and is then automatically disbursed into the Member account. Cashback can be easily tracked by logging into your account and visiting your Profile, My Cashback, and then Cashback Activity.

NvestBates does not sell or rent your personal information to third parties, and we do not 'spam' our Members. For additional information, please see our Privacy Policy.

Earning Cashback

Earning back a portion of your purchases as a cashback is easy. First and foremost, you must be logged in to your NvestBates account before clicking through and shopping at the preferred Merchant. After a Member successfully completes a Qualifying Transaction, and once we have received the resulting rebate for that Qualifying Transaction, we pass that Cashback to the Member, which the Member can then locate in his/her Profile account. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Certain Merchants exclude a limited number of products and purchases from the Program and also impose differing waiting periods.  All cashback rewards hereunder are subject to the individual Merchants’ terms and conditions which are subject to change at any time. NvestBates does not warrant or represent that any cashback reward will be available on all purchases from a participating Merchant.

If you disable 'cookies' on your computer you will not be able to earn cashback as cookies are used to authenticate the user and be certain that the cashback is assigned to the Members Account. Please note that there are various circumstances in which a transaction with a Merchant may not constitute a Qualifying Transaction, and cashback may not result from it.

There are various circumstances in which cashback will not be payable, and will be forfeited to us, including, without limitation, the following:

A. Where the payment that we receive is not connected with an Account (such as where the Member is not logged-in to NvestBates when making the relevant purchase).

B. The transaction to which the cashback relates is cancelled after it has been entered into (whether under the right of cancellation that applies to some sales made at a distance or otherwise).

C. The cashback is attributed to a Member or Account:

1. That has been suspended as provided herein;

2. That has been associated with any fraudulent activity or any breach of this Agreement;

3. That has been used to make purchases on behalf of, or for the benefit of, any other person;

4. Where the Member has put items in the cart during different sessions;

5. Where the items are added and deleted and then added again to the cart; or

6. Where the transaction to which the cashback relates is cancelled by the Merchant due to a Member’s use of coupon codes, special offers or similar that creates “double-dipping” combining a rebate with the cashback.

D. Where NvestBates has ceased operations.

If a Merchant fails to report a transaction to NvestBates or withholds payment to NvestBates for any reason, NvestBates reserves the right to cancel the cashback payment to Member associated with that transaction. If NvestBates has any reason to suspect fraudulent activity is associated with your account, NvestBates reserves the right to suspend your account and/or delay or withhold payment of cashbacks.

Cashing Out Option:

Members will be eligible to cash out once they meet a minimum threshold of $10.00. They will have the option to receive payment via PayPal or a check issued via standard mail. In addition, NvestBates offers Members the opportunity to deposit all or a portion of their commission earnings through the program into an investment account managed by AmericasRetirementPlan.com.  Members may elect to have either 100% or 50% of their commission earnings automatically transferred to such an account, or may choose to have none of their commission earnings transferred.

When enrolling in the NvestBates program, Member must select a payout option. These payout options are:

  1. 100% Cash Back to Member payable via PayPal or bank check
  2. 50% Cash Back payable through PayPal or bank check and 50% Invested into their Investment Account.
  3. 100% into their Investment Account.

If Member selects payment to their investment account, Member must designate the account to be paid to. Member agrees to immediately upon becoming a Member to create an investment account in order to transfer funds in the event Member selects this option.

AmericasRetirementPlan.com: NvestBates is partnered with Reed Financial Group, Inc, dba AmericasRetirmentPlan.com for the sole purpose of providing a source for investable cash back earnings to be placed. Upon the earliest date possible (generally 30 days after receipt of commission from merchant or their corresponding return policy period) NvestBates will forward to the custodian for AmericasRetirmentPlan.com the applicable cash back amount as designated by the Member, subject to the $10.00 minimum threshold set forth above.

NvestBates is not responsible for corresponding receivables by AmericasRetirementPlan.com or the custodian selected by Member through AmericasRetirementPlan.com and the corresponding transferred “investment amount”. Member must track and provide reasonable evidence of transfer or its loss in the event of dispute. Errors or discrepancies must be reported to NvestBates within 90 days of the alleged error or discrepancy.  NvestBates and AmericasRetirementPlan.com will not be responsible for any errors, omissions or discrepancies not reported to it within 90 days.

NvestBates will make every effort possible to assure proper transfer to the financial institution where Member’s funds are held for investment (the “custodian”) selected by Member and AmericasRetirementPlan.com

NvestBates makes no warranties or representations with regard to investments, allocations or any other specific investment criteria. All information provided by NvestBates is for illustrative purposes only and no guarantee of gain, loss or outcome is made by NvestBates.

NvestBates is not responsible for changes to, or discontinuance of, any Merchant’s participation in the NvestBates Program, or for any Member’s withdrawal from the Program, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal. NvestBates is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Merchant’s site.

THE NVESTBATES PROGRAM AND APPLICATIONS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT.  WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM OR APPLICATIONS.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO THE PROGRAM AND APPLICATIONS.  WE MAY TERMINATE OR CHANGE THE PROGRAM OR APPLICATIONS AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE THAT YOU INCUR AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Potential Conflict of Interest: NvestBates and Reed Financial Group, Inc. also dba AmericasRetirementPlan.com are owned in full or in part by the same majority principal. This may create a conflict of interest. All and every measure is taken to fully and completely comply with all regulations relating to potential conflicts of interest and NvestBates strives to make every effort to minimize any such conflict of interest.

Member right to receive Multi-tiered Compensation

NvestBates recognizes no exclusive territories. Therefore, Members will not be limited from conducting business in any states, territories or areas that NvestBates offers its Membership program. The list of approved states may change. It is the Member’s responsibility to keep informed of the states where NvestBates’ programs are available.

Sponsoring: Members may recruit and sponsor one or more Members in the NvestBates programs. Occasionally, one or more Members may contact the same prospect, resulting in a dispute of the sponsoring rights. NvestBates will not mediate such disputes and will recognize as the Sponsor the Member who was identified as the Sponsor when the new Member enrolled. In the event that a new Member submits two or more enrollment applications, the Member identified as the Sponsor on the first one received first by NvestBates will be recognized as the Sponsor of the new Member. If the new Member wishes to change Sponsors, he/she must follow the procedures for Change of Sponsor set forth herein.

An individual may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Membership.  No individual may have, operate or receive compensation from more than one NvestBates Membership.  

In order to maintain the integrity of the NvestBates program, husbands and wives or common-law couples (collectively “spouses”) who wish to become Members must be jointly enrolled as a single Membership. Spouses may not each have their own separate Membership and may not participate directly or indirectly (as a shareholder, partner, trustee, trust beneficiary, or any other legal or equitable ownership) in the ownership or management of another NvestBates Membership.  A child who meets the minimum age requirements set forth herein may enroll as a Member separate from his parents or guardians.

Change of Sponsor: The changing of Sponsors is not allowed; this protects the integrity of the networking structure. If a Member decides for one reason or another to change his/her current Sponsor, the Member’s only option shall be to resign his/her Member status by submitting a signed resignation letter to NvestBates or logging into his/her Profile and cancelling the Agreement. The Member must then wait 91 days after resigning before reapplying as a NEW Member under a new Sponsor. The Member must submit a NEW Member application. The resigning Member will forfeit his/her former hierarchy and Members. If other former downline Members also want to change Sponsors, they may follow the same procedures.

Program Presentation: When recruiting potential Members, a Member must explain the NvestBates programs to prospects honestly and in their entirety, without embellishment, distortion or misrepresentation. Any additional offers, representations or agreements made by Member in connection with NvestBates programs are prohibited and may result in termination of the Member Agreement. Member must make clear in any presentation to prospective Members the following items: (a) that no specific earnings or income levels are guaranteed by NvestBates or Sponsor, (b) that no Member will earn money solely for sponsoring other Members, (c) that there are no exclusive territories, and (d) success is dependent on the purchase of products and services from participating Merchants by Members. Member will not require the purchase of any other product or infer the requirement to purchase any other product in order for a prospective Member to participate in the NvestBates programs or enroll as a Member.

NO INCOME REPRESENTATIONS: MEMBER CREATION OR DISSEMINATION OF ACTUAL OR POTENTIAL INCOME REPRESENTATIONS OR CLAIMS (INCLUDING LIFESTYLE CLAIMS) REGARDING NVESTBATES PROGRAMS IS STRICTLY PROHIBITED. ONLY COMPANY-PROVIDED INCOME ILLUSTRATIONS CAN BE USED.

Illustrations by the company are for illustration only and are NOT guarantees of income. All Member commission earnings are for purchases of products from participating Merchants.

Marketing Materials: It is not mandatory for Members to purchase marketing materials from NvestBates to participate. HOWEVER, MEMBERS MAY NOT, UNDER ANY CIRCUMSTANCES WHATSOEVER CREATE, DISTRIBUTE OR OFFER ANY FORM OF MARKETING WITHOUT THE EXPRESS WRITTEN CONSENT OF NVESTBATES.  Only NvestBates provided or approved marketing materials may be used to promote the NvestBates Memberships and opportunity. Approved marketing materials may be downloaded or purchased from NvestBates.

Advertising and Promotion: NvestBates encourages advertising and promotion as a viable method for Members to promote the NvestBates program and opportunity. However, strict guidelines are necessary to maintain an accurate and legally compliant marketing effort. All ads marketing NvestBates programs must be submitted in writing to NvestBates for review. If NvestBates approves a Member’s ad, it will issue an approval number to the Member. Unless an approval number is issued, the requested ad approval will be deemed denied and the ad may not be used in the advertising or promotion of the NvestBates program. Advertising Approval Numbers are required for all advertising copy meeting this criteria for any media, including newspaper ads, Internet sites, audio or videotapes, recorded messages, posters, flyers, promotional items, etc. and must be included in such advertisement. It is each Member’s responsibility to obtain his or her own ad approval number from NvestBates for every ad run. No Member should accept ad copy from anyone and assume it has been approved. Fax blasting and unsolicited emails (spam) are strictly prohibited.

Media Contacts: To maintain accuracy and a consistent company image, it is required that all media inquiries, including radio, television and print publication be referred directly to the VP of Communications of NvestBates. All other media contacts (talk shows, live interviews, etc.) through radio, television, Internet or other media must be approved by NvestBates in advance.

Commission Qualifier: Member must be in good standing and must complete any required training in order to be eligible for commission payments.

Override Qualifier: Member must meet all commission qualifications in order to qualify for override payments. Members qualify for all levels of overrides by maintaining a Membership.

Administrative Fees and Minimum Checks: A $1.00 administration fee may be charged to the rebate commission deposit which occurs on the 15th and the last day of the month. Commission deposits due on the 15th will only be issued when rebate commissions earned, less the administration fee and any amounts due the company, equate to $10.00 or more. Any unpaid commissions will roll-over to the next eligible pay date. For any commission payout not occurring on the 15th of the month, no administrative fee will be applied. Once a Member’s commissions total $10.00 or greater for that commission payout, the Member will be paid on the corresponding pay date.

Annual Renewal: Member agreements shall automatically renew for successive one year terms unless the Agreement has previously been canceled or terminated or either party elects not to renew on the annual renewal date.

Compensation Levels: The commission structure for the NvestBates is set forth below. Commissions and overrides on private label deals, on contracts with pricing different from the NvestBates published pricing, on other products and on special promotions or offers may vary and will be set at the discretion of NvestBates. Members have the opportunity to earn money through offering of the NvestBates program sponsored by NvestBates, as well as through possible override’s (if any) on the purchases made through the NvestBates program by Members recruited by the Member and their recruits down five Levels. Commissions and overrides are paid on Commissionable Value (CV) of the NvestBates Cash Back Rebates as follows:

Level one: This is the User Cash Back Rebate that a Member receives based on his or her own purchases: Member receives 100% of Website Advertised Cash Back Rebate.  The Website Advertised Cash Back Rebate is 60% of Merchant Commission that is paid to NvestBates.

Referral of Member (Cash Back investment Community).  When a Member refers other Members, and those Members refer other Members, the first Member receives override commissions on the Merchant Commission that is paid to NvestBates when a downline Member makes a purchase.  The Members sponsored by a Member are that Member’s Level Two.  Members sponsored by the Member’s Level Two are the Member’s Level Three. This continues to Level Five.  The override commissions paid to a Member based on the purchases made by his/her downline Members in Levels Two through Five are as follows:

Level Two 12.0% of Cash Back Income

In order for Member to receive Cash Back Rebate Commissions on levels Three through Five Member must own a participating Subscription in the NvestBates Advantage, Power or Ultra Program. These programs provide various levels of marketing and advancement potential for the Member as well as acceptance to levels Three, Four and Five as explained herein.

Level Three 8.0% of Cash Back Income

Level Four: 6.00% of Cash Back Income

Level Five: 4.00% of Cash Back Income

Examples:

  1. If you make a purchase of an item from a participating merchant that generates a $10 Merchant Commission, you will receive a Cash Back Rebate of $6.00 (60% of Merchant Commission).  Override Commissions will be paid to your upline per the above schedule.
  2. If one of your Level Two Members makes a purchase that generates a $10 Merchant Commission, you will earn 12.0% of the Cash Back Income which is $1.20.
  3. If one of your Level Three Members makes a purchase that generates a $10 Merchant Commission, you will earn 8.0% of the Cash Back Income which is $0.80.
  4.  If one of your Level Four Members makes a purchase that generates a $10 Merchant Commission, you will earn 6% of the Cash Back Income which is $0.60.
  5. If one of your Level Five Members makes a purchase that generates a $10 Merchant Commission, you will earn 4.0% of the Cash Back Income which is $0.40.

No overrides will be paid on the first month a Membership is effective. No commissions will be paid on any applicable application fees, renewal fees or on the purchase of marketing kits or supplies. As provided herein regarding amendments to the NvestBates program, NvestBates can amend any compensation structure.

Member may cancel this agreement at any time by giving the company written notice.

Pay Period: Any cash back rebate commissions must be received by NvestBates no later than the last day of the pay period for the Member to be eligible for rebate commissions in that pay period. Rebate commissions will be paid as directed by the Member through direct deposit to the Member’s investment account, by check payable to the Member at his/her address of record, or through Member’s PayPal account or any combination as so directed by Member to NvestBates. Rebate commissions earned on the 15th of the month for the previous period’s business will be paid in the following pay period. If the scheduled pay date should fall on a weekend or other day when NvestBates offices are closed, the bank transfer will be sent for posting on the following business day. Any commissions paid on monies that are subsequently refunded will be deducted from future commission payments.

Member understands that any excess commissions or bonuses paid shall be due to NvestBates from future commissions or payable to NvestBates immediately at NvestBates discretion. Monthly Pay Period 1 begins 12:00am of Month Day 1 and ends 11:59pm of Month Day 14. Monthly Pay Period 2 begins 12:00am of Month Day 15 and ends 11:59pm on the last calendar day of the Month.

Right to Review: You give NvestBates permission to review your account with Merchants in cases where NvestBates suspects fraudulent activity. NvestBates is not responsible for lost or stolen payments, including gift cards. NvestBates is not responsible for payments delivered to the wrong address through no fault of NvestBates or for payment errors made by payment partners like PayPal. It is your responsibility to check your account regularly to ensure that cashback payments have been properly credited and paid and that your account balance is accurate. If you do not believe that cashback payments have been correctly credited to your account you must contact NvestBates Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

Transfer of Marketing Network: If Member has built a Membership Network hereunder, such Membership Network (and Member’s Member Agreement) may be transferred by will, sale or assignment under the following conditions: (i) total monthly commissions equal or exceed $2500 per month for the three months preceding the date of the transfer or assignment or the date of death, as applicable, (ii) the acceptance by the transferee of the commission qualification rules as set forth herein, (iii) demonstration by you and the transferee that the transferee is willing and capable of operating the network marketing business, (iv) demonstration by you and the transferee that the transfer is not intended to circumvent other requirements of this Agreement, (v) demonstration by you and the transferee that fair value has been given for the business and (vi) approval by NvestBates that the transfer does not violate this or any other Agreement with NvestBates . Requests for transfer should be made to NvestBates in writing at least thirty days prior to the proposed transfer date and no proposed transfer is valid unless it has been expressly approved by NvestBates in writing. You shall not solicit other Members with the intent of purchasing their business. You may be asked to provide documentation as may be reasonably requested by NvestBates, and you will be required to certify your continued compliance with the terms this Agreement, including the non-competition provisions, prior to approval. Transfers made by will or transfers to immediate family members will not be subject to items (i) and (v) above.

If a Member wants to change the form of his/her business (proprietorship, corporation, LLC, etc.), the Member will have to provide certain documentation to NvestBates evidencing the reorganization and Member’s compliance with the applicable conditions of this Agreement.

Moral Turpitude: NvestBates shall have the right to terminate this Agreement at any time for the Member’s fraudulent or willful misrepresentation, theft, fraud, misappropriation, moral turpitude, or other act of misconduct against NvestBates or any of its members, vendors, customers or affiliates.

Termination: In the event a breach of the Member Agreement occurs and is verified by the Company, NvestBates may elect to terminate the offending Member’s Agreement. NvestBates may, in its sole discretion, take other disciplinary actions for violations of this Agreement, including fining or suspending the offending Member. No terminated Member may reapply for Member status for six months, and then only with company permission. Former downlines will not be reassigned. No failure or delay by NvestBates in exercising any right to terminate or take other action shall operate as a waiver of any future rights to terminate or take action. Member may cancel this agreement at any time by giving the company written notice.

Arbitration: If a legal disagreement arises between NvestBates and any Member, both parties agree to resolve it by binding arbitration in accordance with the existing rules of the American Arbitration Association. Any arbitration proceedings will be held at the location of NvestBates corporate offices.

Governing Law: The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Kansas shall govern all other matters arising out of this Agreement without respect to Kansas’ choice of law rules. Member consents to the exclusive jurisdiction of the state and federal courts located in Kansas for any dispute arising out of this Agreement not subject to arbitration.

Non-Compete Agreement 1. Cross-Sponsoring: Except with respect to Members directly sponsored by him or her, a Member may not sponsor, or attempt to sponsor, another Member from NvestBates into any other network marketing company unaffiliated with NvestBates . This paragraph shall survive the termination of the Agreement. 2. Agreement Not to Compete: For the duration of this agreement, and for a period of twelve (12) months thereafter, Member shall not directly or indirectly contract with or solicit any contracted Merchants by NvestBates or its participating Merchants in any manner whatsoever to perform services for Member or for any other related sole proprietorship, partnership, corporation or other entity in a manner that is intended to compete with NvestBates; PROVIDED, HOWEVER, nothing in this section is intended to preclude Member from soliciting and obtaining any products or services from such Merchant(s). In addition, for the duration of this agreement, and for a period of twelve (12) months thereafter, Member shall not directly or indirectly within a 100 mile radius of Member’s last physical residence or place of business where Member conducts business related to NvestBates become a partner or investor in, or otherwise own, establish or operate an entity or product substantially similar to those offered by NvestBates , whether in whole or in part, or a network similar to the Merchant networks under contract with NvestBates or its affiliates. Nor shall the Member divert or attempt to divert any business, customer or other Member to any competition of NvestBates or perform any act prejudicial to the goodwill associated with NvestBates during the 12-month period after the termination of this agreement.

Program Limitations, Qualifications & Disclaimers

Membership in the Program is subject to this Agreement. All Merchant terms and conditions as they relate to their affiliate or partner programs with NvestBates and which reside on the Merchants’ respective Web sites are hereby incorporated into this Agreement by reference.

Membership in the Program is limited to individuals who are of legal age (the age of majority in their state of residence) or older. Members may not use scripts or disguised redirects to derive financial benefit from NvestBates. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of cashback, or any misrepresentation of any information furnished to NvestBates or its affiliates by you or anyone acting on your behalf may result in the termination of your Membership in the Program and forfeiture of your accrued cashback. The determination of whether or not a purchase made through an NvestBates Merchant qualifies for cashback is at the sole discretion of NvestBates.

NvestBates does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Merchants in conjunction with the Program. In addition, NvestBates LLC does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and NvestBates assumes no responsibility for any damage caused by your access or inability to access NvestBates.com. Member agrees to indemnify and hold NvestBates, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of Member's use of the Program.

Privacy and Confidentiality

You acknowledge that the NvestBates collects and uses personal information for purposes of providing the services described. NvestBates is committed to respecting the privacy and confidentiality of information in accordance with applicable law and has established and will continue to maintain appropriate safeguards to protect the security and confidentiality of personal information. However, you acknowledge and confirm that the Internet is not a secure medium where privacy and confidentiality can be guaranteed and that complete security and confidentiality of transmissions to and from this site over the Internet is not possible at this time. Your confidential use of the site cannot be guaranteed and you acknowledge that your use of the site (including information you transmit to the site) may be subject to access or manipulation by, or disclosure to, third parties. Without limiting any other disclaimer herein, neither NvestBates nor any third party shall be responsible or liable for any damages that you or any other person may suffer in connection with any such breach of privacy, confidentiality or security. If you are provided with a user name and password to access any part of this site, you agree to be liable for all uses of your user name and password, including unauthorized use without your consent and you acknowledge that NvestBates shall not be responsible to confirm the actual identity or authority of any user. Instructions provided pursuant to such user name and password shall constitute sufficient authority to NvestBates to execute any transactions directed there under. You agree to notify NvestBates immediately should the confidentiality of your user name and password be in jeopardy.

In order to streamline the process of setting up a Member investment account, NvestBates may share information with the investment advisor you select in order to process your application and set up your account. You may select to not open an investment account at the time you become involved with NvestBates by selecting not to do so at the point of origination of your account. If you choose to share this information with the investment provider and advisor we will make available to the investment advisor only that information required to open your account. No other information is provided. If you choose not to share this information at the origination of your account, the obligation to open and share this information later is your sole responsibility and you release NvestBates of any responsibility of doing so. It is your responsibility to make sure that your account and information is supplied to the investment advisor or provider and you release NvestBates of all liability whatsoever in the sharing of such information or any responsibility of setting up your investment account.

Copyright: This site has been developed by and is the property of the NvestBates.  All information and materials contained on this site are protected by copyright, trademark and/or other intellectual property laws of the United States, Canada, and other countries, and are the property of their respective owner(s). Subject to the limited license to use this site as described above, no person may copy, redistribute, reproduce or republish in any form, or link to this site or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of the NvestBates. Any infringement of the rights of the NvestBates may result in appropriate legal action.

Trademarks: NvestBates owns or has obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that it provides and displays on this site. The trademarks are protected by United States and foreign trademark laws. All rights reserved. The display of trademarks on this site shall not in any way be construed as an implied license to use such trademarks.  Any third party marks are used with permission or under license.

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. NvestBates failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and NvestBates with respect to the Program.

Entire Agreement: This Agreement constitutes the entire agreement between the Member and RG Dynamic Markets, LLC dba NvestBates, and no other promises, offers, representations, agreements or understandings of any kind shall be by binding upon RG Dynamic Markets, LLC dba NvestBates, unless made in writing and signed by an authorized officer of RG Dynamic Markets, LLC dba NvestBates. Member agrees to the entire agreement as set forth above and be bound by the terms as stated.

 

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