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 organization.
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 of BVElite.

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:

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 discretion.
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.

1.5 Delays
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.

1.7 Waiver
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 our IBOs.

SECTION 2 - BECOMING AN IBO

2.1 - Requirements to Become an IBO
To become a BVElite IBO, each applicant must:

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:

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 made.

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 website.

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 image.

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:

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 for IBOs.

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 Agreement.

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 factors.

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
All IBOs are required to abide by the Company's Privacy Policy with regard to IBO information.

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 security.

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 "Independent IBO."
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 returns.

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 for IBOs.

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 required)

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:

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:

5.19- Sponsoring
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 controlling.

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 ongoing basis.
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 employees.

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 confidential.

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 Membership enrollment.

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:

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) business days.

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 prevailing party.
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 username.

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 to BVElite
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 IBOs.
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