Terms & Conditions

Effective January 1, 2012

SECTION 1 – INTRODUCTION

1.1 - Code of Ethics

On Fire Miracle or "the Company," is a values-based company that prides itself on the quality and character of its Independent Business Owners. The following guidelines help ensure a uniform standard of excellence throughout our organization. Every On Fire Miracle Independent Business Owner is expected to practice the following ethical behavior when acting in the name of the company:

1.1 - Code of Ethics

A. I will be respectful of every person I meet while doing On Fire Miracle related business.
B. At all times I will conduct myself and my business in an ethical, moral, legal, and financially sound manner.
C. I will not engage in activities that would bring disrepute to On Fire Miracle, any On Fire Miracle corporate officer or employee, myself, or other Independent Business Owners.
D. I will provide support and encouragement to my team to ensure that their experience with On Fire Miracle is a successful one. I understand that it is important to provide follow-up service and support to my downline.
E. I will correctly represent all the bonus/Compensation Plans available through On Fire Miracle and the income potential represented therein. I understand I may not use my own or any other member's income as an indication of others potential success.
F. I will abide by all of On Fire Miracle's Policies & Procedures now and as they may be amended in the future.

1.2 Policies and programs Incorporated Into the Independent Business Owner Agreement

These Policies and Procedures ("Agreement") incorporate this document, the User Agreement, and the Loyalty Rewards program detailed on the website.

1.3 - Purpose of Policies

On Fire Miracle Independent Business Owners are required to comply with all of the Terms and Conditions set forth in the Agreement which On Fire Miracle may amend at its sole discretion from time to time, as well as all federal and state laws governing their On Fire Miracle 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 Agreement. Please review the information in this Agreement carefully. It explains and governs the relationship between you, as a Independent Business Owner, and the Company.

1.4 - Changes to the User Agreement, Policies and Procedures, or Compensation Plan

Because federal, state, and local laws, as well as the business environment, periodically change, On Fire Miracle reserves the right to amend the Agreement and the prices of its On Fire Miracle Products in its sole and absolute discretion. Notification of amendments shall appear in Official On Fire Miracle Materials. Amendments shall be effective upon publication in Official On Fire Miracle Materials, including but not limited to, posting on On Fire Miracle's website, e-mail distribution, publication in On Fire Miracle's newsletter, product inserts, or any other commercially reasonable method. The continuation of an On Fire Miracle membership or a Independent Business Owner's acceptance of bonuses or commissions constitutes acceptance of any and all amendments.

1.5 – Delays

On Fire Miracle 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 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 Agreement.

1.7 – Waiver

The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of On Fire Miracle to exercise any right or power under the Agreement or to insist upon strict compliance by a Independent Business Owner with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of On Fire Miracle's right to demand exact compliance with the Agreement. Waiver by On Fire Miracle can be effectuated only in writing by an authorized officer of the Company.

SECTION 2 - BECOMING A MEMBER

2.1 - Requirements to Become an Independent Business Owner

To become an On Fire Miracle Independent Business Owner, each applicant must:

A. Be of the age of majority in his or her place of residence;
B. Reside in the United States or other countries which have been officially opened by On Fire Miracle.

2.2 - Independent Business Owner Benefits

Once the Independent Business Owner Agreement has been accepted by On Fire Miracle, the benefits of the Compensation Plan and the Independent Business Owner Agreement are available to the new Independent Business Owner. These benefits include the right to:

A. Purchase On Fire Miracle products and services at the best prices;
B. Participate in the On Fire Miracle Compensation Plan, if eligible;
C. Sponsor other individuals as Independent Business Owners into On Fire Miracle and thereby build an organization and progress through the On Fire Miracle Compensation Plan;
D. Receive periodic On Fire Miracle literature and other On Fire Miracle communications;
E. Participate in On Fire Miracle-sponsored support service training, motivational and recognition functions; and
F. Participate in promotional and incentive contests and programs sponsored by On Fire Miracle for its Independent Business Owners.

SECTION 3 - INCOME DISCLOSURE POLICY

In an effort to conduct best business practices, On Fire Miracle has developed the Income Disclosure Statement ("IDS"). The On Fire Miracle IDS is designed to convey truthful, timely, and comprehensive information regarding the income that On Fire Miracle Independent Business Owners earn. In order to accomplish this objective, the Company has made the document easily accessible for both prospects and participants at: www.onfirematrix.com/IDS.

The IDS is designed to provide full disclosure on the earning potential regarding the On Fire Miracle business. Independent Business Owners are encouraged to provide a copy of the IDS to prospective Independent Business Owners On Fire Miracle anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. On Fire MiracleOn Fire Miracle Copies of the IDS may be printed or downloaded without charge from the company website at www.onfirematrix. com/IDS.

The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one participant earned over a million dollars last year” or “Our average ranking participant makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher ranking participants is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”

SECTION 4 – ADVERTISING

4.1 - Adherence to the On Fire Miracle Compensation Plan

Independent Business Owners must adhere to the terms of the On Fire Miracle Compensation Plan as set forth in Official On Fire Miracle Materials. Independent Business Owners shall not offer the On Fire Miracle opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically stated in Official On Fire Miracle Materials. Independent Business Owners shall not require or encourage other current or prospective Independent Business Owners to participate in On Fire Miracle in any manner that varies from the program as set forth in Official On Fire Miracle Materials. Independent Business Owners shall not require or encourage other current or prospective Independent Business Owners to execute any agreement or contract other than official On Fire Miracle agreements and contracts in order to become an On Fire Miracle Independent Business Owner. Similarly, Independent Business Owners shall not require or encourage other current or prospective Independent Business Owners to make any purchase from, or payment to, any individual or other entity to participate in the On Fire Miracle Compensation Plan other than those purchases or payments identified as recommended or required in Official On Fire Miracle Materials.

4.2 - Use of Sales Aids

To promote both the products and the opportunity On Fire Miracle offers, Independent Business Owners must use the sales aids and support materials produced by On Fire Miracle. If On Fire Miracle Independent Business Owners develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Independent Business Owners' good intentions, they may unintentionally violate any number of statutes or regulations affecting an On Fire Miracle business. These violations, although they may be relatively few in number, could jeopardize the On Fire Miracle opportunity for all Independent Business Owners. Accordingly, Independent Business Owners 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 Independent Business Owner receives specific written approval to use the material, the request shall be deemed denied. All Independent Business Owners shall safeguard and promote the good reputation of On Fire Miracle and its products. The marketing and promotion of On Fire Miracle, the On Fire Miracle opportunity, the Compensation Plan, and On Fire Miracle 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

On Fire Miracle 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 On Fire Miracle Independent Business Owners, without prior written authorization from On Fire Miracle. Furthermore, no Independent Business Owner may use, publish, reproduce, advertise, sell, or display in any manner the name, picture or likeness, or voice of another Independent Business Owner without prior written consent from the named Independent Business Owner. This consent must be on file with On Fire Miracle's Compliance department prior to any use.

4.4 - Blogs, Social Networks, Online Auctions, and Other Online Forums

Independent Business Owners may post text and videos on Blogs, Social Networks, and Video Websites so long as he or she has received express authorization from On Fire Miracle's Compliance department.

All text postings must include the Independent Business Owner's name and username.

All video must include a clear image of the Independent Business Owner'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

Independent Business Owners may not use or attempt to register or sell any of On Fire Miracle'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

On Fire Miracle products may not be sold or promoted through catalogues or other mass sales mediums, such as infomercials, television, radio, or other related sales mediums. On Fire Miracle products may not be sold or promoted through retail establishments.

4.7 - Generic Business Advertisements

If you advertise via newspaper or other advertising venues, the following rules apply:

A. No advertisement may imply that a job, position, salary, or any type of employment is allowed.
B. No advertisement may promote, represent, or imply salaried positions, management positions, hourly wages, full or part-time employment, or guaranteed incomes. The On Fire Miracle 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.
C. 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 Independent Business Owners.
D. Advertisements may not contain references to On Fire Miracle or its products.
E. You may not use any of On Fire Miracle's trademarks or trade-names
F. Any requests for variances from the above rules must be submitted to On Fire Miracle and approved in writing prior to publication. Please direct any inquiries to admin@onfiremiracle.com, or by fax to the attention of the Compliance department at (877) 498-3473.

4.8 - Media and Media Inquiries

Independent Business Owners must not initiate any interaction with the media or attempt to respond to media inquiries regarding On Fire Miracle, its products or services, or their independent On Fire Miracle business. All inquiries by any type of media must be immediately referred to On Fire Miracle'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

On Fire Miracle does not permit Independent Business Owners 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 a Independent Business Owner that promotes On Fire Miracle, the On Fire Miracle opportunity or On Fire Miracle products and services, must comply with the following:

A. There must be a functioning return email address to the sender.
B. 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 "opt-out" notice).
C. The email must include the Independent Business Owner's physical mailing address.
D. The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
E. The use of deceptive subject lines and/or false header information is prohibited.
F. All opt-out requests, whether received by email or regular mail, must be honored. Except as provided in this section, Independent Business Owners may not use or transmit unsolicited faxes or use an automatic telephone dialing system relative to the operation of their On Fire Miracle businesses.

SECTION 5 - OPERATING AN ON FIRE MIRACLE BUSINESS.

5.1 - Business Entities

A corporation, partnership or trust (collectively referred to in this section as a "Business Entity") may apply to be an On Fire Miracle Independent Business Owner.

5.1.1 - Changes to a Business Entity

Independent Business Owners of the entity are jointly and severally liable for any indebtedness or other obligation to On Fire Miracle.

5.1.2 - Change Of Sponsor

To protect the integrity of all marketing organizations and safeguard the hard work of all Independent Business Owners, On Fire Miracle rarely allows changes in sponsorship, and will consider an exception only in the case of errors that are identified within 24 hours of occurring. A change of sponsor request must be made by submitting a support ticket within that 24 hour period from the date of enrollment, and must come from the member, current listed sponsor, and new sponsor. If approved by On Fire Miracle Management, the change of sponsor will be effective after the member completes their current matrix.

5.2. – Indemnification

An Independent Business Owner is fully responsible for all of his or her verbal and/or written statements made regarding On Fire Miracle products, services, and the Compensation Plan, which are not expressly contained in Official On Fire Miracle Materials. Independent Business Owners agree to indemnify On Fire Miracle and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by On Fire Miracle as a result of the Independent Business Owner's unauthorized representations or actions. This provision shall survive the cancellation of an Independent Business Owner's Independent Business Owner Agreement.

5.3 - No solicitations

On Fire Miracle Independent Business Owners are free to participate in other multilevel or network marketing business ventures or marketing opportunities (collectively "Network Marketing"). However, during the term of this Agreement, Independent Business Owners may not directly or indirectly recruit other On Fire Miracle Independent Business Owners other than those they have personally sponsored for any other Network Marketing business. Following the cancellation of an Independent Business Owner Agreement, and for a period of one (1) calendar year thereafter, with the exception of an Independent Business Owner who is personally sponsored by the former Independent Business Owner, a former Independent Business Owner may not recruit any On Fire Miracle Independent Business Owner for another Network Marketing business. Independent Business Owners 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, Independent Business Owners and On Fire Miracle agree that this non- solicitation provision shall apply to all markets in which On Fire Miracle conducts business.

5.3.1 - Sale of Competing Goods or Services

Independent Business Owners must not sell, or attempt to sell, any competing non-On Fire Miracle programs, products, or services to On Fire Miracle Independent Business Owners. Any program, product, service, or direct selling opportunity in the same generic categories as On Fire Miracle services is deemed to be competing, regardless of differences in cost, quality or other distinguishing factors.

5.3.2 - Independent Business Owner Participation In Other Direct Selling Programs

If an Independent Business Owner is engaged in other non-On Fire Miracle direct selling programs, it is the responsibility of the Independent Business Owner to ensure that their On Fire Miracle business is operated entirely separate and apart from any other program.

5.3.3 - Privacy and Confidentiality

All Independent Business Owners are required to abide by the Company's Privacy Policy with regard to Independent Business Owner information.

5.3.4 - The Data Management Rule

The Data Management Rule is intended to protect the Line of Sponsorship (LOS) for the benefit of all Independent Business Owners, as well as On Fire Miracle. LOS information, i.e. information compiled by On Fire Miracle that discloses or relates to all or part of the specific arrangement of sponsorship within the On Fire Miracle business, including, without limitation, Independent Business Owner lists, sponsorship trees, and all Independent Business Owner information generated there from, in its present and future forms. The On Fire Miracle LOS, constitutes a commercially advantageous, unique, and proprietary trade secret (Proprietary Information), which it keeps proprietary and confidential and treats as a trade secret. On Fire Miracle 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 On Fire Miracle and its Independent Business Owners. Through this Rule, Independent Business Owners are granted a personal, non-exclusive, non- transferable and revocable right by On Fire Miracle to use Proprietary Information only as necessary to facilitate their business as contemplated under these Policies and Procedures. The Company reserves the right to deny or revoke this right, upon reasonable notice to the Independent Business Owner stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of On Fire Miracle, such is necessary to protect the confidentiality or value of Proprietary Information. All Independent Business Owners shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality thereof. An Independent Business Owner shall not compile, organize, access, create lists of, or otherwise use or disclose Proprietary Information except as authorized by On Fire Miracle.

5.4 - 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 already has a current Agreement on file with On Fire Miracle, or who has had such an agreement within the preceding six (6) calendar months, 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 an On Fire Miracle business in accordance with the "Sale, Transfer or Assignment of On Fire Miracle Business" section of these Policies and Procedures.

5.4 - Cross Sponsoring

5.5 - 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, Independent Business Owners shall not represent or imply that On Fire Miracle or its Compensation Plan have been "approved," "endorsed," or otherwise sanctioned by any government agency.

5.6 – Identification

Upon enrollment, the Independent Business Owner will select a username unique to the Independent Business Owner by which they will be identified.

5.7 - Income Taxes

Each Independent Business Owner is responsible for paying applicable local, state and/or federal taxes on any income generated as an Independent Business Owner.

5.8 - Independent Contractor Status

You are an independent contractor. You are not an agent, employee, partner, or joint venture with the Company. You may not represent yourself as anything other than an Independent Business Owner. You have no authority to bind On Fire Miracle to any obligation. You are responsible for paying your own self-employment taxes, federal income taxes and other taxes required by law. You must obey any federal, state, and local laws, as well as Company rules and regulations pertaining to your independent On Fire Miracle business or the acquisition, receipt, holding, selling, distributing or advertising of On Fire Miracle's products or opportunity.

Independent Business Owners may not answer the telephone by saying "On Fire Miracle," "On Fire Miracle Incorporated," or by any other manner that would lead the caller to believe that they have reached On Fire Miracle's corporate offices. An Independent Business Owner may only represent that he/she is an On Fire Miracle Independent Business Owner. Therefore, all correspondence and business cards relating to or in connection with an Independent Business Owner's On Fire Miracle business shall contain the Independent Business Owner's name followed by the term "Independent Business Owner."

Indemnity: You agree to indemnify and hold On Fire Miracle, its officers, agents, directors, and employees harmless from any claim, damage, liability, or loss arising out of your activities.

5.9 - International Marketing

Because of critical legal and tax considerations, On Fire Miracle must limit the resale of On Fire Miracle products and the presentation of the On Fire Miracle business to prospective Independent Business Owners 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 On Fire Miracle financial opportunity, or gifting/distributing product in an unopened country or market is strictly prohibited.

5.10 - Sponsorship Rights

No Independent Business Owner may sell, assign or otherwise transfer their sponsorship rights to another Independent Business Owner. After a period of 24 hours following the acceptance of an Independent Business Owner Agreement by the Company, sponsorship and placement are irrevocable and permanent.

5.11 - One On Fire Miracle Business Per Independent Business Owner

A Independent Business Owner may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one On Fire Miracle business. No individual may have, operate or receive compensation from more than one On Fire Miracle business. Individuals of the same family unit may each enter into or have an interest in their own separate On Fire Miracle businesses.

5.12 – Stacking

Stacking is the unauthorized manipulation of the On Fire Miracle compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Affiliate in an unearned manner. One example of stacking occurs when a sponsor places participants under an inactive downline participant (who may not know or have any relationship with the clients) in order to trigger unearned qualification for commissioning. Another example of stacking is the manipulative placement of Affiliates within a downline organization in order to trigger a promotion. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the Affiliate’s positions of all individuals found to be directly involved.

5.13 – Succession

Upon the death or incapacitation of an Independent Business Owner, 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 an On Fire Miracle business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Independent Business Owner's marketing organization provided the following qualifications are met. The successor(s) must:

A. Execute an Independent Business Owner Agreement;
B. Comply with terms and provisions of the Agreement;
C. Meet all of the qualifications for the deceased Independent Business Owner's rank/status;
D. Provide On Fire Miracle with an "address of record" to which all bonus and commissions will be sent. Bonus and commissions of an On Fire Miracle business transferred pursuant to this section will be paid in a single check jointly to the successor(s).
E. Form a business entity and acquire a federal Taxpayer Identification Number, if the business is bequeathed to joint successors. On Fire Miracle will issue all bonus and commissions and one 1099 to the business entity.

5.13.1 - Transfer Upon Death of an Independent Business Owner

To effect a testamentary transfer of an On Fire Miracle business, the successor must provide the following to On Fire Miracle:

A. An original death certificate,
B. A notarized copy of the will or other instrument establishing the successor's right to the On Fire Miracle business, and
C. A completed and executed Independent Business Owner Agreement.

If the Successor is already an On Fire Miracle Independent Business Owner, the Company may grant exception to the One Independent Business Owner per Household rule upon written request from the Successor.

5.13.2 - Transfer Upon Incapacitation of an Independent Business Owner

To effectuate a transfer of an On Fire Miracle business because of incapacity, the successor must provide the following to On Fire Miracle: (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 On Fire Miracle business, and (3) a completed Independent Business Owner Agreement executed by the trustee.

5.14- Separation of an On Fire Miracle Business

On Fire Miracle Independent Business Owners sometimes operate their On Fire Miracle 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 Independent Business Owners and the Company in a timely fashion, On Fire Miracle will involuntarily terminate the Independent Business Owner Agreement.

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

A. One of the parties may, with consent of the other(s), operate the On Fire Miracle business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners, or
B. Trustees authorize On Fire Miracle to deal directly and solely with the other spouse or non-relinquishing shareholder, partner, or trustee.
C. The parties may continue to operate the On Fire Miracle business jointly on a "business-as- usual" basis, whereupon all compensation paid by On Fire Miracle 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 a business from an Independent Business Owner 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 On Fire Miracle split commission and bonuses between divorcing spouses or members of dissolving entities. On Fire Miracle will recognize only one downline organization and will issue only one commission per On Fire Miracle 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 Independent Business Owner Agreement shall be involuntarily cancelled. If a former spouse or business affiliate has completely relinquished all rights in the original On Fire Miracle business, they are thereafter free to enroll under any sponsor of their choosing. In either case, however, the former spouse or business affiliate shall have no rights to any Independent Business Owners in their former organization. They must develop the new membership in the same manner as would any other new Independent Business Owner.

5.15- Sponsoring

All Active Independent Business Owners in good standing have the right to sponsor and enroll others into On Fire Miracle. Each prospective Independent Business Owner has the ultimate right to choose his or her own Sponsor. If two Independent Business Owners claim to be the Sponsor of the same new Independent Business Owner the Company shall regard the first application received by the Company as controlling.

5.16 – Positioning as an Investment

Success in On Fire Miracle requires hard work, dedication and good sales skills. Compensation is directly tied to the personal achievement of each Independent Business Owner. Positioning the On Fire Miracle opportunity as a passive investment program is inaccurate and strictly forbidden. If these claims are ever made, you the infringing Independent Business Owner will be immediately terminated, no questions asked.

SECTION 6 - RESPONSIBILITIES OF MEMBERS

6.1 - Change of Address, Telephone, Email-Address

To ensure timely delivery of products, support materials, and commissions, it is critically important that the On Fire Miracle's files are current. It is each Independent Business Owner's responsibility to ensure the address, telephone, and email address is current in their profile located in their back office.

6.2. - Initial Training

Any Independent Business Owner who sponsors another Independent Business Owner into On Fire Miracle must perform a bona fide assistance and training function to ensure that their downline is properly operating their On Fire Miracle business. Upline Independent Business Owners are also responsible to motivate and train new Independent Business Owners in On Fire Miracle product knowledge, effective sales techniques, the On Fire Miracle Compensation Plan, and compliance with Company Policies and Procedures.

6.3 – Nondisparagement

Independent Business Owners must not disparage, demean, or make negative remarks about On Fire Miracle, other On Fire Miracle Independent Business Owners, On Fire Miracle's products, the Compensation Plan, or On Fire Miracle's owners, board members, directors, officers, or employees.

6.4 - Reporting Policy Violations

Independent Business Owners observing a Policy violation by another Independent Business Owner should submit a written report of the violation directly to the attention of the On Fire Miracle Compliance department, complete with all supporting evidence and pertinent information. It is important to understand that information that is submitted will be kept confidential.

SECTION 7 – Product Sales

The On Fire Miracle Compensation Plan is based upon the sale of On Fire Miracle products and services to end consumers. Purchasing product solely for the purpose of collecting bonuses or achieving rank is prohibited.

SECTION 8 - 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 an Independent Business Owner Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Independent Business Owner or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Independent Business Owners or Customers ("phantoms"); (d) purchasing On Fire Miracle products or services on behalf of another Independent Business Owner or Customer, or under another Independent Business Owner's or Customer's ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers

SECTION 9- BONUSES AND COMMISSIONS

9.1 - Bonus and Commission Qualifications

In order to qualify to receive commissions and bonuses, an Independent Business Owner must be in good standing and comply with the terms of the Agreement and these Policies and Procedures.

9.2 - Errors or Questions

If an Independent Business Owner has questions about or believes any errors have been made regarding commissions, bonuses, Downline Activity Reports, or charges, the Independent Business Owner must notify On Fire Miracle in writing within 30 days of the date of the purported error or incident in question. On Fire Miracle will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.

9.3 – Reports

All information provided by On Fire Miracle, including but not limited to downline sponsoring 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 On Fire Miracle or any persons creating or transmitting the information. All product volume 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, On Fire Miracle and/or other persons creating or transmitting the information will in no event be liable to any Independent Business Owner 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 On Fire Miracle or other persons creating or transmitting the information shall have been advised of the possibility of such damages.

SECTION 10 – REFUND POLICY

0.1 - Nonrefundable Purchases

Independent Business Owners understand that the educational products purchased from the company platform are sold "AS IS" without warranty or guarantee of any kind. The digital nature of the service and the immediacy of the benefits make any possibility for a refund commercially impractical. Therefore, the purchase of any educational materials from the company is final and no refunds can or will be issued.

10.2 - Return of Inventory and Sales Aids by Independent Business Owners

10.2 - Return of Inventory and Sales Aids by Independent Business Owners Upon cancellation of the Independent Business Owner Agreement, the participant may return sales aids purchased within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. An Independent Business Owner may only return sales aids he or she personally purchased from the Company under his or her Independent Business Owner Identification Number, and which are in Resalable condition. Upon receipt of the sales aids, the participant will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping charges

SECTION 11 – DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS

11.1 - Disciplinary Sanctions

Violation of the Agreement, these Policies and Procedures, violation of any common law duty, including but not limited to any applicable duty of loyalty, any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission by an Independent Business Owner 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 Independent Business Owner’s On Fire Miracle business), may result, at On Fire Miracle’s discretion, in one or more of the following corrective measures:

A. Issuance of a written warning or admonition;
B. Requiring the Independent Business Owner to take immediate corrective measures;
C. Imposition of a fine, which may be withheld from bonus and commission checks;
D. Loss of rights to one or more bonus and commission checks;
E. Withholding from an Independent Business Owner all or part of the Independent Business Owner’s bonuses and commissions during the period that On Fire Miracle is investigating any conduct allegedly contrary to the Agreement. If an Independent Business Owner’s business is cancelled for disciplinary reasons, the Independent Business Owner will not be entitled to recover any commissions withheld during the investigation period;
F. Suspension of the individual’s Independent Business Owner Agreement for one or more pay periods;
G. Involuntary termination of the offender’s Independent Business Owner Agreement;
H. Any other measure expressly allowed within any provision of the Agreement or which On Fire Miracle deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Independent Business Owner’s policy violation or contractual breach;
I. 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 On Fire Miracle.

11.2 - Grievances and Complaints

When an Independent Business Owner has a grievance or complaint with another Independent Business Owner regarding any practice or conduct in relationship to their respective On Fire Miracle businesses, the complaining Independent Business Owner should first report the problem to their Sponsor who should review the matter and try to resolve it with the other party’s upline sponsor. If the matter involves interpretation or violation of Company policy, it must be reported in writing to On Fire Miracle’s Compliance department, via email or regular mail. Compliance will review the facts and attempt to resolve the matter. If it is not resolved, it will be referred to the On Fire Miracle Review Committee for final review and possible disciplinary action. Please note that during the appeals process, all involved Independent Business Owner accounts will be placed on a complete business hold, and all commissions generated will be placed in an Escrow account until the matter is resolved. Decisions mandated by the Independent Business Owner Conduct Appeals Committee are final and binding, and will not be further reviewed by the Company.

11.3 – Mediation

Prior to instituting arbitration, the parties shall meet in good faith and attempt to resolve any dispute arising from or relating to the 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 attorneys fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Panama City, Florida, and shall last no more than two (2) business days.

11.4 – Arbitration

If mediation is unsuccessful, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Independent Business Owners waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Panama City, Florida. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the direct selling industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement. Nothing in these Policies and Procedures shall prevent On Fire Miracle 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 On Fire Miracle’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.

11.5 - Governing Law, Jurisdiction, and Venue

Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Panama City, Florida. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Florida shall govern all other matters relating to or arising from the Agreement. Residents of the State of Louisiana shall be entitled to bring an action against On Fire Miracle in their home forum and pursuant to Louisiana law.

SECTION 12 EFFECT OF CANCELLATION

12.1 - Effect of Cancellation and Termination

So long as an Independent Business Owner remains active and complies with the terms of the Independent Business Owner Agreement and these Policies, On Fire Miracle shall pay commissions to such Independent Business Owner in accordance with the Compensation Plan. An Independent Business Owner's bonuses and commissions constitute the entire consideration for the Independent Business Owner's efforts in generating sales and all activities related to generating sales (including, but not limited to, building a downline organization). Following a Independent Business Owner's non-continuation of his or her Independent Business Owner Agreement, cancellation for inactivity, or voluntary or involuntary cancellation (termination) of his or her Independent Business Owner Agreement, the former Independent Business Owner 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. Independent Business Owners waive any and all rights, including, but not limited to, property rights, in the downline which they may have had.

Following a Independent Business Owner's cancellation of his or her Independent Business Owner Agreement, the former Independent Business Owner shall not hold him or herself out as an On Fire Miracle Independent Business Owner and shall not have the right to sell On Fire Miracle products or services. An Independent Business Owner whose Independent Business Owner Agreement is cancelled shall forfeit any and all pending commissions and lose the right to generate additional commission. The term of this Agreement is one year from the date of its acceptance by «Company_name». Independent Business Owners must renew the Agreement each year by the anniversary date. If an Independent Business Owner fails to renew and has earned commissions in the back office, the Independent Business Owner will have 90 days from the non-renewal to withdraw those commissions. Earned commissions remaining in the account after this 90 day grace period will become the property of On Fire Miracle.

An On Fire Miracle participant 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 On Fire Miracle. The written notice must include the Independent Business Owner's signature, printed name, address, and Independent Business Owner username. Cancellation does NOT entitle an Independent Business Owner to a refund.

12.2 - Non-Renewal

An Independent Business Owner may also voluntarily cancel their Independent Business Owner Agreement by failing to renew the Agreement on its anniversary date. The Company may also elect not to renew an Independent Business Owner's Agreement upon its anniversary date.

SECTION 13 DEFINITIONS

ACTIVE INDEPENDENT BUSINESS OWNER: An Independent Business Owner who has at least sold one Travel as set forth in the Compensation Plan.

AGREEMENT: The contract between the Company and each Independent Business Owner; includes the Independent Business Owner Agreement, the On Fire Miracle Policies and Procedures, and the On Fire Miracle Compensation Plan, all in their current form and as amended by On Fire Miracle in its sole discretion. These documents are collectively referred to as the “Agreement.”

CANCEL: The termination of an Independent Business Owner’s business. Cancellation may be either voluntary, involuntary, or through non-renewal.

COMPENSATION PLAN: The guidelines and referenced literature for describing how Independent Business Owners can generate commissions and bonuses.

LINE OF SPONSORSHIP (LOS): A report generated by On Fire Miracle that provides critical data relating to the identities of Independent Business Owners, sales information, and enrollment activity of each Independent Business Owner’s organization. This report contains confidential and trade secret information which is proprietary to On Fire Miracle.

ORGANIZATION: The Customers and Independent Business Owners placed below a particular Independent Business Owner.

OFFICIAL On Fire Miracle MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by On Fire Miracle to Independent Business Owners.

PLACEMENT: Your position inside your Sponsor’s organization.

RECRUIT: For purposes of On Fire Miracle’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 On Fire Miracle Independent Business Owner or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.

SPONSOR: An Independent Business Owner who enrolls a Customer, Retailer, or another Independent Business Owner into the Company, and is listed as the Sponsor on the Independent Business Owner Agreement. The act of enrolling others and training them to become Independent Business Owners is called “sponsoring.”

UPLINE: This term refers to the Independent Business Owner or Independent Business Owners above a particular Independent Business Owner in a sponsorship line up to the Company. It is the line of sponsors that links any particular Independent Business Owner to the Company.