Independent Business Owner (IBO) AGREEMENT
1. Authorization and Contract. By
registering and agreeing to the terms of this IBO Agreement, you are
applying for legal authorization to become a Bonvoyage Elite
Independent Business Owner (IBO) and enter into contract
with Bonvoyage Elite, LLC, hereinafter BVElite. You acknowledge that
prior to signing you have received, read and understood
the BVElite Income Disclosure Statement,, that you have read
and understood the BVElite Policies and Procedures, which are
incorporated into this Agreement and made part of it as if restated in
full, as posted on www.BonvoyageElite.com and
that you have read and agree to all terms set forth in this Agreement.
BVElite reserves the right to reject any application for any
reason within 30 days of receipt. These terms are binding to
BVElite IBOs. This agreement is not valid and binding until
received and accepted at the Home Office of Bonvoyage Elite.
2. Expiration and Termination. The
term of this Agreement is one year from the date of its acceptance by
BVElite. IBOs must renew the Agreement each year by the
anniversary date. You will be asked to renew the Agreement in the back
office and affirm your commitment to honor the terms in this Agreement,
as may be modified from time to time. A renewal fee may be
charged. If you fail to renew and agree to the terms by your
annual anniversary date the Agreement will be canceled and your IBO
position will be purged from the system.
If you fail to renew and have earned commission in your back office
you will have 14 days from the non-renewal to withdraw those
commissions or use them to Pay Forward. If you fail to renew and
have Pay Forward deposits in your back office you will have 14 days
from the non-renewal to utilize those funds for Pay Forward.
Earned commissions or Pay Forward deposits remaining in the account
after this 14 day period will become the property of BVElite.
If your BVElite business is canceled or terminated for any reason, you
understand that you will permanently lose all rights as an IBO. You
will not be eligible to enroll BVElite Members or sponsor BVElite IBOs
nor shall you be eligible to receive bonuses or commissions resulting
from the activities of your former downline sales organization. In the
event of cancellation or termination you waive all rights you have,
including but not limited to property rights, to your former downline
organization and to any bonuses, commissions or other remuneration
derived through the sales and other activities of your former downline
BVElite reserves the right to terminate all IBO Agreements upon 14 day
notice if the Company elects to: (1) cease business operations; (2)
dissolve as a business entity; or (3) terminate distribution of its
products and/or services via direct selling channels. An IBO may cancel
this Agreement at any time, and for any reason, upon written notice to
BVElite at its principal business address. BVElite may cancel this
Agreement for any reason upon 14 days advance written notice to IBO.
BVElite may also take actions short of termination of the Agreement, if
the BVElite IBO breaches any of its provisions. All disputes
between IBO and BonVoayge Elite are exclusively resolved pursuant to the
Dispute Resolution provisions of this agreement.
3. Selling Product. You
agree to make no representations or claims about any Member or IBO
benefits beyond those shown in official BVElite literature.
You further agree to sell BVElite Memberships only in authorized
territories. IBO agrees to place primary emphasis on the selling
of memberships to non-IBOs.
4. Non-Competition Agreement. In
accordance with the Policies and Procedures, you agree that during the
period while you are an IBO, and for one year following resignation,
non-renewal, or termination of your business, you will not compete
with BVElite. This covenant shall survive the expiration or
termination of your authorization and contract with BVElite.
5. Non-Solicitation Agreement. In
accordance with the Policies and Procedures, you agree that during the
period while you are an IBO, and for one calendar year following
resignation or termination of your business, you will not encourage,
solicit, or otherwise attempt to recruit or persuade any
other BVElite IBO or Member to compete with the business
6. Images / Recordings / Consents. You
agree to permit BVElite to obtain photographs, videos, and
other recorded media of you or your likeness. You acknowledge and agree
to allow any such recorded media to be used by BVElite for
any lawful purpose, and without compensation.
7. Modification of Terms. The terms of this Agreement may be modified as specified in Rule 1 in the Policies and Procedures.
8. Jurisdiction and Governing Law. The
formation, construction, interpretation, and enforceability of your
contract with BVElite as set forth in this IBO Agreement and
any incorporated documents shall be governed by and interpreted in all
respects under the laws of the State of California without regard to
conflict of law provisions.
9. Fax copy. A faxed copy of the Agreement shall be treated as an original in all respects.
10. Dispute Resolution. All
disputes and claims relating to BVElite, its products and
services, the rights and obligations of an IBO and BVElite, or any
other claims or causes of action relating to the performance of either
an IBO or BVElite under this Agreement or
the BVElite Policies and Procedures shall be settled totally
and finally by arbitration as enumerated in the Policies and Procedures
in the State of California, or such other location
as BVElite prescribes This agreement to arbitrate shall
survive any termination or expiration of the Agreement. Nothing in the
Agreement shall prevent BVElite from applying to and obtaining
from any court having jurisdiction a writ of attachment, garnishment,
temporary injunction, preliminary injunction, permanent injunction or
other equitable relief available to safeguard and protect its interest
prior to, during or following the filing of any arbitration or other
proceeding or pending the rendition of a decision or award in
connection with any arbitration or other proceeding.
11. Time Limitation. If
an IBO wishes to bring an action against BVElite for any act
or omission relating to or arising from the Agreement, such action must
be brought within one year from the date of the alleged conduct giving
rise to the cause of action. IBO waives all claims that any other
statutes of limitations apply.
12. Miscellaneous. If
any provision of the Agreement is held to be invalid or unenforceable,
such provision shall be reformed only to the extent necessary to make
it enforceable and the balance of the Agreement will remain in full
force and effect. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one instrument. The provisions of this
Agreement, including all documents incorporated herein by reference,
embody the whole agreement between you and BVElite and
supersedes any prior agreements, understandings and obligations between
you and BVElite concerning the subject matter of your
contract with BVElite.
Policies and Procedures
SECTION 1 – INTRODUCTION
1.1 Code of Ethics
Bonvoyage Elite (hereafter "BVElite" or "the Company") is a values-based
company that prides itself on the quality and character of its IBOs.
The following guidelines help ensure a uniform standard of excellence
throughout our organization. Every BVElite IBO is expected to practice
the following ethical behavior when acting in the name of the company:
- I will be respectful of every person I meet while doing BVElite related business.
- At all times I will conduct myself and my business in an ethical, moral, and lawful manner.
- I will not engage in activities that would bring disrepute
to BVElite, any BVElite corporate officer or employee, me, other
IBOs, or Members.
- I will provide support and encouragement to my team to
ensure that their experience with BVElite is a successful one. I
understand that it is important to provide follow-up service and
support to my IBO downline.
- I will correctly represent all the bonus/Loyalty Rewards
Programs available through BVElite and the income potential
represented therein. I understand I may not use my own or any
other IBO's income as an indication of others potential success.
- I will abide by all of BVElite's Policies & Procedures now and as they may be amended in the future.
1.2 Policies and programs Incorporated into the IBO Agreement
This IBO Agreement incorporates the IBO Terms and Conditions and
Policies and Procedures which are included in this document and
displayed on the website as IBO Agreement, along with the Loyalty
Rewards Program detailed on the Reward Program page of the website.
1.3 Purpose of Policies
BVElite IBOs are required to comply with all of the stipulations set
forth in this IBO Agreement which BVElite may amend at its sole
discretion from time to time, as well as all federal, state, or
provincial laws and regulations specific to their country, state, or
province governing their BVElite business and their conduct. Because you
may be unfamiliar with many of these standards of practice, it is very
important that you read and abide by the IBO Agreement. Please review
the information in this IBO Agreement carefully. It explains and
governs the relationship between you, as an IBO, and the Company.
1.4 Changes to the IBO Agreement
Because federal, state, and local laws, as well as the business
environment periodically change, BVElite reserves the right to amend any
and all provisions of the IBO Agreement in its sole and absolute
BVElite reserves the right to change or discontinue any portion of the
commission and bonus structure of the Loyalty Rewards Program and/or
Leadership Bonus program at any time.
BVElite reserves the right to charge IBOs, at cost, for services
provided such as replicated website, back office management, and
training materials. This administrative cost may be charged at
initial registration, monthly, and or annually.
Notification of amendments shall appear in Official BVElite Materials.
Amendments shall be effective upon publication in Official BVElite
Materials, including but not limited to, posting on BVElite's website,
e-mail distribution, and publication in BVElite's newsletter, product
inserts, or any other commercially reasonable method. The continuation
of a BVElite IBOship or an IBO's acceptance of bonuses or commissions
constitutes acceptance of any and all amendments.
BVElite shall not be responsible for delays and failures in
performance of its obligations when performance is made commercially
impracticable due to circumstances beyond its reasonable control. This
includes, without limitation, strikes, labor difficulties, riot, war,
fire, flood, death, curtailment of a party's source of supply, or
government decrees or orders.
1.6 Policies and Provisions Severable
If any provision of the IBO Agreement, in its current form or as may
be amended, is found to be invalid, or unenforceable for any reason,
only the invalid portion(s) of the provision shall be severed and the
remaining terms and provisions shall remain in full force and effect and
shall be construed as if such invalid, or unenforceable provision
never comprised a part of the IBO Agreement.
The Company never gives up its right to insist on compliance with the
IBO Agreement and with the applicable laws governing the conduct of a
business. No failure of BVElite to exercise any right or power under the
IBO Agreement or to insist upon strict compliance by an IBO with any
obligation or provision of the IBO Agreement, and no custom or practice
of the parties at variance with the terms of the IBO Agreement, shall
constitute a waiver of BVElite's right to demand exact compliance with
the IBO Agreement. Waiver by BVElite can be effectuated only in writing
by an authorized officer of the Company.
1.8 Changes to Methods of Payment for IBO
Acceptable options for payment of commission are clearly presented in
the back office of each IBO. BVElite reserves the right to change, add,
or eliminate methods of payment at any time to protect the business and
SECTION 2 - BECOMING AN IBO
2.1 - Requirements to Become an IBO
To become a BVElite IBO, each applicant must:
- Be of the age of majority in his or her place of residence; (minimum age of 18 required)
- Reside in the United States or other countries which have been officially opened by BVElite;
- Pay the registration administrative fee.
Purchase of BVElite Membership is not required in
order to participate in the Loyalty Rewards Program. An IBO who does
not purchase BVElite Membership during the original registration process
will not be in their Sponsor’s Wave until they complete their first
Wave of three. Even If an IBO elects to purchase BVElite Membership at a
later date they will not be in their Sponsor’s Wave until they
complete their first Wave of three.
2.2 IBO Benefits
Once an IBO Application has been accepted by BVElite, the benefits of
the Loyalty Rewards Program and the IBO Agreement are available to the
new IBO. These benefits include the right to:
- Participate in the BVElite Loyalty Rewards Program (receive bonuses and commissions, if qualified );
- Enroll Members and sponsor IBOs into BVElite and progress through the BVElite Loyalty Rewards Program,
- Purchase additional Bonvoyage Elite Memberships and re-sell
them using the avenues provided on the Bonvoyage Elite website.
- Receive periodic BVElite literature and other BVElite communications;
- Participate in BVElite-sponsored support service training, motivational and recognition functions; and
- Participate in promotional and incentive contests and programs sponsored by BVElite for its IBOs.
SECTION 3 - INCOME DISCLOSURE POLICY
In an effort to conduct best business practices,
BVElite has developed the Income Disclosure Statement ("IDS"). The
BVElite IDS is designed to convey timely and comprehensive information
regarding the income that BVElite IBOs earn. In order to accomplish this
objective, the Company has made the document easily accessible for
both prospects and IBOs.
The IDS is designed to provide disclosure regarding the earnings of
IBOs. IBOs are required to provide a copy of the IDS to
prospective IBOs anytime the Loyalty Rewards Program is presented or
discussed or any type of income claim or earnings representation is
SECTION 4 – ADVERTISING
4.1 - Adherence to the BVElite Loyalty Rewards Program
IBOs must adhere to the terms of the BVElite Loyalty Rewards Program
as set forth in Official BVElite Materials. IBOs shall not offer the
BVElite opportunity through, or in combination with, any other system,
program, or method of marketing other than that specifically stated in
Official BVElite Materials. IBOs shall not require or encourage other
current or prospective IBOs to participate in BVElite in any manner that
varies from the program as set forth in Official BVElite Materials. IBOs
shall not require or encourage other current or prospective IBOs to
execute any agreement or contract other than official BVElite agreements
Similarly, IBOs shall not require or encourage other current or
prospective IBOs to make any purchase from, or payment to, any
individual or other entity to participate in the BVElite Loyalty Rewards
Program other than those purchases or payments identified as
recommended or required in Official BVElite Materials.
4.2 - Use of Sales Aids
To promote both the products and the opportunity BVElite offers, IBOs
must use the sales aids and support materials produced by BVElite. If
BVElite IBOs develop their own sales aids and promotional materials
(which includes Internet advertising), notwithstanding IBOs' good
intentions, they may unintentionally violate any number of statutes or
regulations affecting a BVElite business. These violations, although
they may be relatively few in numbers, could jeopardize the BVElite
opportunity for all IBOs. Accordingly, IBOs must submit all written
sales aids, promotional materials, advertisements, websites and other
literature to the Company for Company's approval prior to use. Unless
the IBO receives specific written approval to use the material, the
request shall be deemed denied. All IBOs shall safeguard and promote
the good reputation of BVElite and its products. The marketing and
promotion of BVElite, the BVElite opportunity, the Loyalty Rewards
Program, and BVElite products and services shall be consistent with the
public interest, and must avoid all discourteous, deceptive,
misleading, unethical or immoral conduct or practices.
4.3 - Intellectual Property
BVElite will not allow the use of its trade names, trademarks,
designs, or symbols outside of corporate produced and approved sales
aids by any person, including BVElite IBOs, without prior written
authorization from BVElite. Furthermore, no IBO may use, publish,
reproduce, advertise, sell, or display in any manner the name, picture
or likeness, or voice of another IBO without prior written consent from
the named IBO. This consent must be on file with BVElite's Compliance
department prior to any use.
4.4 - Blogs, Social Networks, Online Auctions, and Other Online Forums
IBOs may post text and videos on Blogs, Social Networks, and Video
Websites so long as he or she has received express authorization from
BVElite's Compliance department.
All text postings must include the IBO's name and username.
All video must include a clear image of the IBO's name and username.
All videos must be approved in advance by our Compliance department.
All postings, either text or video, must contain business opportunity
content and may only mention the product by name. All reference to the
product should be made by referring the viewer to the Company's
4.5- Domain Names and Email Addresses
IBOs may not use or attempt to register or sell any of BVElite's trade
names, trademarks, service names, service marks, product names, or any
derivative thereof, for any internet domain name or email address.
4.6 - Sales Mediums
BVElite products may not be sold or promoted through catalogues or
other mass sales mediums, such as infomercials, television, radio, or
other related sales mediums. BVElite products may not be sold or
promoted through retail establishments. Only BVElite-produced or
approved literature, banners, or signage may be displayed on a shelf,
counter, or wall.
4.7 - Generic Business Advertisements
If you advertise via newspaper or other advertising venues, the following rules apply:
No advertisement may imply that a job, position, salary, or any type of employment is offered.
No advertisement may promote, represent, or imply salaried positions,
management positions, hourly wages, full or part-time employment, or
guaranteed incomes. The BVElite opportunity is not a job, and may not be
presented as such. Terms such as "manager trainee," "management
positions available," "travel provided," "call for interview,"
"positions available," "now hiring," and other misleading statements
are not allowed.
No specific income can be promised or implied, and any references to
compensation must use the word "commissions" to indicate the
independent contractor status of IBOs.
Advertisements may not contain references to BVElite or its products.
You may not use any of BVElite's trademarks or trade-names.
Any requests for variances from the above rules must be submitted to
BVElite and approved in writing prior to publication. Please direct any
inquiries to compliance@BonvoyageElite.com or
by fax to the attention of the Compliance department at
(800) 774-0975 .
4.8 - Media and Media Inquiries
IBOs must not initiate any interaction with the media or attempt to
respond to media inquiries regarding BVElite, its products or services,
or their independent BVElite business. All inquiries by any type of
media must be immediately referred to BVElite's Compliance department.
This policy is designed to ensure that accurate and consistent
information is provided to the public, as well as a proper public
4.9 - Unsolicited Email and Fax Communication
BVElite does not permit IBOs to send unsolicited emails unless such
emails strictly comply with applicable laws and regulations, including,
without limitation, the federal CAN SPAM Act. Any email sent by an IBO
that promotes BVElite, the BVElite opportunity, or BVElite products and
services, must comply with the following:
- There must be a functioning return email address to the sender.
- There must be a notice in the email that advises the
recipient that they may reply to the email, via the functioning
return email address, to request that future email solicitations
or correspondence not be sent to him or her (a functioning
- The email must include the IBO's physical mailing address.
- The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
- The use of deceptive subject lines and/or false header information is prohibited.
- All opt-out requests, whether received by email or regular
mail, must be honored. Except as provided in this section, IBOs
may not use or transmit unsolicited faxes or use an automatic
telephone dialing system relative to the operation of their BVElite
SECTION 5 - OPERATING A BVElite BUSINESS.
5.1 - Business Entities
A corporation, partnership or trust (collectively referred to in this
section as a "Business Entity") may apply to be a BVElite IBO. Eligible
Business Entities are comprised of one person or multiple people who
reside in the same household. IBOs of the Business entity are jointly
and severally liable for any indebtedness or other obligation to BVElite.
5.2 - Change of Sponsor
To protect the integrity of and safeguard the hard work of all IBOs,
BVElite does not allow changes in sponsorship after a position has been
activated. It is the responsibility of the IBO to ensure s/he is
registered and activated under the correct Sponsor.
BVElite executive management reserves the right to make exceptions to
this policy at its sole discretion as needed to preserve the integrity
of the Loyalty Rewards Program and ensure appropriate Sponsor support
5.3 – Indemnification
An IBO is fully responsible for all of his or her verbal and/or
written statements made regarding BVElite IBOship and the Loyalty
Rewards Program, which are not expressly contained in Official BVElite
Materials. IBOs agree to indemnify BVElite and hold it harmless from any
and all liability including judgments, civil penalties, refunds,
attorney fees, court costs or lost business incurred by BVElite as a
result of the IBO's unauthorized representations, actions, and
omissions. This provision shall survive the cancellation of an IBO
5.4 - No solicitations
BVElite IBOs are free to participate in other multilevel or network
marketing business ventures or marketing opportunities (collectively
"Network Marketing"). However, during the term of this IBO Agreement,
IBOs may not directly or indirectly recruit other BVElite IBOs or
Members for any other Network Marketing business. Following the
cancellation of an IBO Agreement, and for a period of one (1) calendar
year thereafter, a former IBO may not recruit any BVElite IBO or Member
for another Network Marketing business. IBOs and the Company recognize
that because network marketing is conducted through networks of
independent contractors dispersed across the entire United States and
internationally, and business is commonly conducted via the internet and
telephone, an effort to narrowly limit the geographic scope of this
non-solicitation provision would render it wholly ineffective.
Therefore, IBOs and BVElite agree that this non-solicitation provision
shall apply to all markets in which BVElite conducts business.
5.5 - Sale of non-Bonvoyage Elite Goods and Services
IBOs must not sell, or attempt to sell, any non-BVElite programs,
products, or services to BVElite IBOs or Members. Any program, product,
service, or direct selling opportunity is deemed to be competing,
regardless of differences in cost, quality or other distinguishing
5.6 - IBO Participation in Other Direct Selling Programs
If an IBO is engaged in other non-BVElite direct selling programs, it
is the responsibility of the IBO to ensure that their BVElite business
is operated entirely separate and apart from any other program.
5.7 - Privacy and Confidentiality
5.8 - The Data Management Rule
The Data Management Rule is intended to protect the Line of
Sponsorship (LOS) for the benefit of all IBOs, as well as BVElite. LOS
information, i.e. information compiled by BVElite that discloses or
relates to all or part of the specific arrangement of sponsorship
within the BVElite business, including, without limitation, IBO and
Member lists, sponsorship trees, and all IBO and Member information
generated there from, in its present and future forms. The BVElite LOS,
constitutes a commercially advantageous, unique, and proprietary trade
secret (Proprietary Information), which it keeps proprietary and
confidential and treats as a trade secret. BVElite is the exclusive
owner of all Proprietary Information, which is derived, compiled,
configured, and maintained through the expenditure of considerable
time, effort, and resources by BVElite and its IBOs. Through this Rule,
IBOs are granted a personal, non-exclusive, non-transferable and
revocable right by BVElite to use Proprietary Information only as
necessary to facilitate their business as contemplated under these
Policies and Procedures.
5.9 - Cross Sponsoring
Actual or attempted cross-group sponsoring is strictly prohibited.
"Cross-group sponsoring" is defined as the enrollment, indirect or
otherwise, of an individual or entity that is operating in good standing
with BVElite within a different line of sponsorship. 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 shall not prohibit the transfer of a BVElite
business in accordance with the "Sale, Transfer or Assignment of BVElite
Business" section of these Policies and Procedures.
5.10 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies nor officials approve
or endorse any direct selling or network marketing companies or
programs. Therefore, IBOs shall not represent or imply that BVElite or
its Loyalty Rewards Program have been "approved," "endorsed," or
otherwise sanctioned by any government agency.
5.11 - Identification and Security
Each IBO will create a unique user name and password as part of the
IBO registration process. Each IBO is responsible for maintaining
the confidentiality of their IBO password and account information, and
is fully responsible for all activities that occur under that password
or account. Each IBO must ensure that they log off from their account
at the end of each session.
Bonvoyage Elite cannot and will not be liable for any loss or damage
arising from failure to comply with this section of the IBO
Agreement. An IBO must immediately notify Bonvoyage Elite of any
unauthorized use of their password or account or any other breach of
5.12 - Independent Contractor Status
As an IBO, you are an independent contractor. You are not an agent,
employee, partner, or legal representative of the Company or your
Sponsor. You may not represent yourself as anything other than a BVElite
IBO. You have no authority to bind BVElite to any obligation. As a
self-employed independent contractor, you will be operating your own
independent business, buying and selling products available
through BVElite on your own account. IBOs determine the nature
and extent of their time and activities as an IBO without control or
direction by Bonvoyage Elite.
IBOs may not answer the telephone by saying "BVElite," "BVElite
Incorporated," or by any other manner that would lead the caller to
believe that they have reached BVElite's corporate offices. An IBO may
only represent that he/she is a BVElite IBO. Therefore, all
correspondence and business cards relating to or in connection with an
IBO's BVElite business shall contain the IBO's name followed by the term
It is your responsibility to know and understand the laws and
regulations pertaining to your business. If your country, state,
or province requires you to obtain a specific license or permit to
operate your business it is your responsibility to obtain such license
or permit at your expense. You agree to indemnify and hold
BVElite, its officers, agents, directors, and employees harmless from
any claim, damage, liability, or loss arising out of your activities or
failure to comply with the laws and regulations of your country,
state, or province.
5.13 - Income Taxes
You are responsible for paying your own self-employment taxes,
federal income taxes and other taxes required by law in your country,
state, or province. You must obey any federal, state, and local laws,
as well as Company rules and regulations pertaining to your independent
BVElite business or the acquisition, receipt, holding, selling,
distributing or advertising of BVElite's products or opportunity.
If you are a resident of the USA and earn more than $600 in a
calendar year, you will receive IRS Form 1099-MISC reflecting the amount
of income paid to you during the calendar year. It will be your sole
responsibility to account for such income on your individual income tax
5.14 - International Marketing
Because of critical legal and tax considerations, BVElite must limit
the enrollment of Members, the sponsorship of IBOs, and the
presentation of the BVElite business to prospects located within the
United States and U.S. Territories and those other countries that the
Company has officially opened for business. Conducting meetings,
promoting the BVElite financial opportunity, or gifting/distributing
product in an unopened country or market is strictly prohibited.
5.15 - Sponsorship Rights
No IBO may sell, assign or otherwise transfer their sponsorship
rights to another IBO. After a period of 24 hours following the
acceptance of an IBO Agreement by the Company, sponsorship and
placement are irrevocable and permanent.
BVElite executive management reserves the right to make exceptions to
this policy at its sole discretion as needed to preserve the integrity
of the Loyalty Rewards Program and ensure appropriate Sponsor support
5.16 - One BVElite Business per IBO
An IBO may operate or have an ownership interest, legal or equitable,
as an individual, sole proprietorship, partner, shareholder, trustee,
or beneficiary, in only one BVElite business. No individual may have,
operate or receive compensation from more than one BVElite business.
Individuals of the same family unit may each enter into or have an
interest in their own separate BVElite businesses. (minimum age of 18
5.17 – Succession
5.17.1 - Transfer Upon Death of an IBO
Upon the death or incapacitation of an IBO, their business may be
passed to a designated heir(s). Appropriate legal documentation must be
submitted to the Company to ensure the transfer is proper. Whenever a
BVElite business is transferred by a will or other testamentary process,
the beneficiary acquires the right to collect all bonuses and
commissions of the deceased IBO's marketing organization provided the
following qualifications are met. The successor(s) must:
- Execute an IBO Agreement;
- Comply with terms and provisions of the IBO Agreement;
- Meet all of the qualifications for the deceased IBO's rank/status;
To affect a testamentary transfer of a BVElite business, the successor must provide the following to BVElite:
(1) An original death certificate,
(2) A notarized copy of the will or other instrument establishing the successor's right to the BVElite business, and
(3) A completed and executed IBO Agreement.
If the Successor is already a BVElite IBO, the Company may in its sole
discretion grant exception to the One IBO per Household rule upon
written request from the Successor.
5.17.2 - Transfer Upon Incapacitation of an IBO
To effectuate a transfer of a BVElite business because of incapacity,
the successor must provide the following to BVElite: (1) a notarized
copy of an appointment as trustee, (2) a notarized copy of the trust
document or other documentation establishing the trustee's right to
administer the BVElite business, and (3) a completed IBO Agreement
executed by the trustee.
5.18- Separation of a BVElite Business
BVElite IBOs sometimes operates their BVElite businesses as husband-wife
partnerships, regular partnerships, corporations, or trusts. At such
time as a marriage may end in divorce or a corporation, partnership, or
trust (the latter three entities are collectively referred to herein as
"entities") may dissolve, arrangements must be made to assure that
any separation or division of the business is accomplished so as not to
adversely affect the interests and income of other businesses up or
down the line of sponsorship. If the separating parties fail to provide
for the best interests of other IBOs and the Company in a timely
fashion, BVElite will involuntarily terminate the IBO Agreement.
During the divorce or entity dissolution process, the parties must adopt one of the following methods of operation:
- One of the parties may, with consent of the other(s),
operate the BVElite business pursuant to an assignment in writing
whereby the relinquishing spouse, shareholders, partners, or
trustees authorize BVElite to deal directly and solely with the
other spouse or non-relinquishing shareholder, partner, or trustee.
- The parties may continue to operate the BVElite business
jointly on a "business-as-usual" basis, whereupon all compensation
paid by BVElite will be paid according to the status quo as it
existed prior to the divorce filing or dissolution proceedings.
This is the default procedure if the parties do not agree on the
format set forth above. The Company will never remove a party to
an IBOship from an IBO account without that party's written
permission and signature. Under no circumstances will the downline
organization of divorcing spouses or a dissolving business entity
be divided. Under no circumstances will BVElite split commission
and bonuses between divorcing spouses or IBOs of dissolving
entities. BVElite will recognize only one downline organization and
will issue only one commission per BVElite business per commission
cycle. Commissions shall always be issued to the same individual
or entity. In the event that parties to a divorce or dissolution
proceeding are unable to resolve a dispute over the disposition of
commissions and ownership of the business in a timely fashion as
determined by the Company, the IBO Agreement shall be
involuntarily cancelled. If a former spouse or business IBO has
completely relinquished all rights in the original BVElite business, they
are thereafter free to enroll under any sponsor of their
choosing. In either case, however, the former spouse or business
IBO shall have no rights to any IBOs in their former organization.
They must develop the new IBOship in the same manner as would any
other new IBO.
All active IBOs in good standing have the right to sponsor and enroll
others into BVElite. While engaged in sponsoring activities, it is not
uncommon to encounter situations when more than one IBO will approach
the same prospect. It is the accepted courtesy that the new prospect
will be sponsored by the first IBO who presented a comprehensive
introduction to BVElite services or business opportunity. However, each
prospective IBO has the ultimate right to choose his or her own
Sponsor. If two IBOs claim to be the Sponsor of the same new IBO the
Company shall regard the application the IBO chooses to activate as
5.19.1 - Public inquiries for sponsors
Occasionally corporate receives inquiries from interested persons
regarding either the Travel Membership, IBO distributorship, or both.
Corporate requests that people go back to the person who referred them.
If no person referred them, corporate will refer them to an active
sponsor in their area based on ranking and other criteria. The sponsor
is then responsible for answering their questions and assisting them in
purchasing the Travel Membership and/or beginning their home based
business as an IBO.
SECTION 6 - RESPONSIBILITIES OF IBOS
6.1 - Change of Address, Telephone, Email-Address
To ensure timely delivery of products, support materials, and
commissions, it is critically important that BVElite files are current.
It is each IBO's responsibility to ensure the address, telephone, and
email address is current in their profile located in their back office.
6.2. – Training
Any IBO who sponsors another IBO into BVElite must perform a bona fide
assistance and training function to ensure that their downline is
properly operating their BVElite business. Upline IBOs are also
responsible to motivate and train new IBOs in BVElite product knowledge,
effective sales techniques, the BVElite Loyalty Rewards Program, and
compliance with Company Policies and Procedures. Sponsors are expected
to provide support, encouragement, and training for their teams on an
You agree when presenting the BVElite Loyalty Rewards
Program to present it in its entirety as outlined in
official BVElite materials, emphasizing that personal sales of
at least two new Memberships are required to be eligible to receive
compensation in the form of bonuses or commissions on downline volume.
In presenting the plan to prospects, you agree not to utilize any
literature, materials or aids not produced or specifically authorized in
writing by BVElite. You agree to instruct all prospective IBOs to
review the BVElite Income Disclosure Statement.
6.3 – Non-disparagement
IBOs must not disparage, demean, or make negative remarks about
BVElite, other BVElite IBOs, BVElite's products, the Loyalty Rewards
Program, or BVElite's owners, board IBOs, directors, officers, or
6.4 - Reporting Policy Violations
IBOs observing a Policy violation by another IBO should submit a
written report of the violation directly to the attention of the BVElite
Compliance department via email to compliance@BonvoyageElite.com complete
with all supporting evidence and pertinent information. It is
important to understand that information that is submitted will be kept
SECTION 7 Membership Sales
The BVElite Loyalty Rewards Program is based upon the
sale of BVElite Memberships to end consumers.
SECTION 8 - BONUSES AND COMMISSIONS
8.1 - Bonus and Commission Qualifications
In order to qualify to receive commissions and bonuses, an IBO must
be in good standing and comply with the terms of this IBO
Agreement. Every IBO must submit a copy of their government
issued photo ID in their back office, which includes their full legal
name and photograph before they will have access to their commissions.
8.2 - Errors or Questions
If an IBO has questions about or believes any errors have been made
regarding commissions, bonuses, Downline Activity Reports, or charges,
the IBO must notify BVElite in writing within 14 days of the date of the
purported error or incident in question. BVElite will not be
responsible for any errors, omissions, or problems not reported to the
Company within 14 days.
8.3 - Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying
includes: (a) the enrollment of individuals or entities without the
knowledge of and/or execution of a Member Agreement by such individuals
or entities; (b) the fraudulent enrollment of an individual or entity
as a Member (c) the enrollment or attempted enrollment of non-existent
individuals or entities as Members ("phantoms"); and/or (d) any other
mechanism or artifice to qualify for rank advancement, incentives,
prizes, commissions, or bonuses that is not driven by bona fide
8.4 – Reports
All information provided by BVElite, including but not limited to
downline enrollment activity is believed to be accurate and reliable.
Nevertheless, due to various factors, including but not limited to the
inherent possibility of human and mechanical error; the accuracy,
completeness, and timeliness of orders; denial of credit card and
electronic check payments; returned products; credit card and
electronic check charge-backs, the information is not guaranteed by
BVElite or any persons creating or transmitting the information. All
enrollment information is provided "as is" without warranties, express
or implied, or representations of any kind whatsoever. In particular
but without limitation there shall be no warranties of merchantability,
fitness for a particular use, or non-infringement. To the fullest
extent permissible under applicable law, BVElite and/or other persons
creating or transmitting the information will in no event be liable to
any IBO or anyone else for any direct, indirect, consequential,
incidental, special, or punitive damages that arise out of the use of
or access to sales volume information (including but not limited to
lost profits, bonuses, or commissions, loss of opportunity, and damages
that may result from inaccuracy, incompleteness, inconvenience, delay,
or loss of the use of the information), even if BVElite or other
persons creating or transmitting the information shall have been
advised of the possibility of such damages.
8.5 – Adjustments to Bonuses for Refunds
When a customer or IBO requests a refund, the bonuses and commissions attributable to the refunded transaction will be deducted from the IBO who received bonuses or commissions on such sales. Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the commission is recovered.
In the event of unusual chargeback activity in a particular organization, Bonvoyage Elite reserves the right to withhold a portion of commissions for sixty days (60) to offset against the risk of chargebacks. In the event of a chargeback in such an organization, the funds in this reserve account shall be used to offset the company’s losses in paid commissions.
In the event that an IBO terminates his or her distributorship, and the amounts of the bonuses or commissions attributable to the refunded transaction have not yet been fully recovered by Bonvoyage Elite, the remainder of the outstanding balance may be offset against any other amounts that may be owed by Bonvoyage Elite to the terminated IBO.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation of the IBO 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 IBO that, in
the sole discretion of the Company, may damage its reputation or
goodwill (such damaging act or omission need not be related to the
IBO's BVElite business), may result, at BVElite's discretion, in one or
more of the following corrective measures:
- Issuance of a written warning or admonition;
- Requiring the IBO to take immediate corrective measures;
- Imposition of a fine, which may be withheld from bonus and commissions;
- Loss of rights to one or more bonus and commissions;
- Withholding from an IBO all or part of the IBO's bonuses
and commissions during the period that BVElite is investigating any
conduct allegedly contrary to the IBO Agreement. If an IBO's
business is cancelled for disciplinary reasons, the IBO will not
be entitled to recover any commissions withheld during the
- Suspension of the individual's IBO Agreement for one or more pay periods;
- Involuntary termination of the offender's IBO Agreement;
- Any other measure expressly allowed within any provision
of the IBO Agreement or which BVElite deems practicable to
implement and appropriate to equitably resolve injuries caused
partially or exclusively by the IBO's policy violation or
- Instituting legal proceedings for monetary and/or
equitable relief. Each violation is reviewed on a case-by-case
basis, and all disciplinary actions are at the sole discretion of
BVElite may hold, reverse or delete commissions and
withdrawals for any suspicious or doubtful activity related to fraud,
chargeback, system abuse or manipulation. This may occur at the
individual, group, or company level.
9.2 – Mediation
Prior to instituting arbitration, the parties shall meet in good
faith and attempt to resolve any dispute arising from or relating to the
IBO Agreement through non-binding mediation. One individual who is
mutually acceptable to the parties shall be appointed as mediator. The
mediator's fees and costs, as well as the costs of holding and
conducting the mediation, shall be divided equally between the parties.
Each party shall pay its portion of the anticipated shared fees and
costs at least ten (10) days in advance of the mediation. Each party
shall pay its own attorney’s fees, costs, and individual expenses
associated with conducting and attending the mediation. Mediation shall
be held in the State of California and shall last no more than two (2)
9.3 – Dispute Resolution
In the event a dispute shall arise between IBO and BVElite as to their
respective rights, duties and obligations under this agreement as well
as the event of a claim of breach of this agreement, not resolved by
Mediation under Section 9.2 such disputes shall be exclusively resolved
by binding arbitration under the Commercial Rules of the American
Arbitration Association with arbitration to occur in Carlsbad,
California. Louisianan IBOs arbitrate at Baton Rouge, LA.
The arbitrator may award, in addition to declaratory relief, contract
damages. In no event shall either party be liable for
consequential or punitive damages except the consequential damages may
be awarded for violations of Sections 4.3, 5.9, and 8.4. The
arbitrator shall award reasonable attorney fees and costs to the
Nothing in these Policies and Procedures shall prevent BVElite from
applying to and obtaining from any court having jurisdiction a writ of
attachment, a temporary injunction, preliminary injunction, permanent
injunction, or other relief available to safeguard and protect BVElite's
interest prior to, during, or following the filing of any arbitration
or other proceeding or pending the rendition of a decision or award in
connection with any arbitration or other proceeding.
9.4 - Governing Law
This Agreement shall be construed and enforced under the laws of the state of California.
SECTION 10 EFFECT OF CANCELLATION
10.1 - Effect of Cancellation and Termination
So long as an IBO remains active and complies with the terms of the
IBO Agreement and these Policies, BVElite shall pay commissions to such
IBO in accordance with the Loyalty Rewards Program. An IBO's bonuses
and commissions constitute the entire consideration for the IBO's
efforts in generating sales and all activities related to generating
sales (including, but not limited to, building a downline
organization). Following an IBO's non-renewal of his or her IBO
Agreement, cancellation for inactivity, or voluntary or involuntary
cancellation (termination) of his or her IBO Agreement (all of these
methods are collectively referred to as Cancellation, the former IBO
shall have no right, title, claim or interest to the downline
organization which he or she operated, or any commission or bonus from
the sales generated by the organization. IBOs waive any and all rights,
including, but not limited to, property rights, in the downline which
they may have had. Following an IBO's cancellation of his or her IBO
Agreement, the former IBO shall not hold him or herself out as a BVElite
IBO and shall not have the right to sell BVElite Memberships. An IBO
whose IBO Agreement is cancelled shall forfeit any and all pending
commissions and lose the right to generate additional commission.
A BVElite IBO has a right to cancel at any time, regardless of reason.
Cancellation must be submitted in writing to the Company at its
principal business address, or via email to BVElite. The written notice
must include the IBO's signature, printed name, address, and IBO
10.2 – Refunds
IBO purchases from BVElite of prepaid Memberships and sales aids may
be cancelled by written or email notice to the company made within 30
days of purchase for 90% refund. Approved refunds of prepaid
Memberships will be made within 20 days of the request and funds
returned to the same Name, Account, and Country from which they came.
The initial registration administrative fee and subsequent
IBO annual renewal fees are not refundable. Refunds of non-Internet
delivered sales aids require their return to BVElite in resalable
condition within 15 days of cancellation notice. Internet delivered
sales aid are not capable of being returned to BVElite and are not
refundable. Refund payments will be made within 20 days of
qualification for refund.
SECTION 11 DEFINITIONS
CANCEL: The termination of an IBO's business. Cancellation may be either voluntary or involuntary.
LOYALTY REWARDS PROGRAM: The guidelines and referenced literature for
describing how IBOs can generate commissions and bonuses.
IBO: A person who has agreed to the IBO Agreement and is authorized to sell new Memberships and sponsor new IBOs.
LINE OF SPONSORSHIP (LOS): A report generated by BVElite that provides
critical data relating to the identities of IBOs, sales information,
and enrollment activity of each IBO's organization. This report
contains confidential and trade secret information which is proprietary
MARKETER: An IBO who has sold at least one new Membership
MEMBER: An individual who purchases the Bonvoyage Elite Membership/Lifestyle card.
IBO AGREEMENT: The contract between the Company and each IBO;
includes the IBO Terms and Conditions, Policies and Procedures,
and the BVElite Loyalty Rewards Program, all in their current form
and as amended by BVElite in its sole discretion. These documents are
collectively referred to as the IBO Agreement.
OFFICIAL BVElite MATERIAL: Literature, audio or video tapes, and other
materials developed, printed, published, and distributed by BVElite to
ORGANIZATION: The IBOs placed below a particular IBO.
PLACEMENT: Your position inside your Sponsor's organization.
RECRUIT: For purposes of BVElite's Conflict of Interest Policy, the
term "Recruit" means the actual or attempted solicitation, enrollment,
encouragement, or effort to influence in any other way, either
directly, indirectly, or through a third party, another BVElite IBO to
enroll or participate in another multilevel marketing, network
marketing, or direct sales opportunity.
SPONSOR: An IBO who brings another IBO into the Company thereby
agreeing to provide ongoing support and training to his/her team.
Last Updated November 24, 2012