My Auction Planet Terms

TERMS & CONDITIONS FOR AUCTION AND AFFILIATE PROGRAM (These are the same terms included in the registration page)

1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Use of this Web site constitutes acceptance of the Myauctionplanet.com Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of Myauctionplanet.com, published by Myauctionplanet.com as described below (all such Terms & Conditions, operating rules and/or policies as they may be amended from time to time shall hereinafter be referred to as these "Terms & Conditions"). Members may be referred to as "Member," "User," "Buyer" when a Member is being described as acting as a buyer in a Myauctionplanet.com transaction, "Bidder" when a Member is being described as bidding on an asset in order to act as a potential buyer in a Myauctionplanet.com transaction, and "Seller" when a Member is acting as a seller in a Myauctionplanet.com transaction. These Terms & Conditions comprise the entire agreement between Member and Myauctionplanet.com and supersede all prior agreements between the parties, regarding the subject matter contained herein.

1.2 DESCRIPTION OF SERVICES
Myauctionplanet.com acts as a venue for Sellers to list properties and Buyers to bid on properties. Myauctionplanet.com is not involved in the actual transactions between Buyers and Sellers and assumes no responsibility for actions made based on information or services on Myauctionplanet.com. In the event that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on the Site may include inaccuracies or errors. While the Company strives to keep the information on the Site accurate, complete and up-to-date, the Company can not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall the Company (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site.

1.3 WHO CAN BID?
Bidders must register with Myauctionplanet.com as a Member and be capable of forming legally binding relations under applicable law. The services provided by Myauctionplanet.com are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

1.4 WHO CAN SELL?
Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset. Sellers must produce evidence of ownership and/or authorization to sell an Asset upon request of Myauctionplanet.com or a Buyer.

1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on the Site and are deemed "sold" at the close of bidding which will be set at a time pre-determined by the Seller. Each Asset will have a description and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller. Once bidding commences, Bidders may make a bid at any time prior to closing of the bidding. All Assets will have a minimum bid price disclosed on the Site. For certain Assets, the Seller may impose a reserve price which is not disclosed on the Site. If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligated to sell the Asset. After bidding closes on each Asset, Myauctionplanet.com will send the highest Bidder and Seller an email detailing the highest bid and contact information. In all auctions Buyers who receive a winning bid notice are legally bound to buy the asset at the quoted bid amount (see "Contractual Obligations of Buyers and Sellers" below), and the Seller is legally bound to sell the asset, pursuant to these Terms & Conditions, subject to the additional conditions of sale specified by Seller. The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction (or the Seller may engage a representative, including Myauctionplanet.com, to contact the winning Bidder on the Seller's behalf, pursuant to prior agreement). After three (3) business days if the Seller is unable to contact the winning Bidder, for whatever reason, the Seller may, in its sole discretion (a) continue to attempt to contact the high bidder with assistance from Myauctionplanet.com; (b) after contacting Myauctionplanet.com, contact the second highest Bidder and sell the Asset to the second highest Bidder; or (c) re-list the asset on the Site. By selling an Asset to the next highest Bidder, neither the Seller nor Myauctionplanet.com is releasing any claims he/she/it may have against the highest Bidder for non-performance. Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the Asset pursuant to "Settlement of Transactions" below.

1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed bidding process shall be conducted pursuant to this Section, unless otherwise provided in the Seller's conditions of sale or in a written agreement executed by the Buyer and Seller. Unless otherwise provided in the Seller's conditions of sale or otherwise agreed upon by the Seller and Buyer in writing, final settlement shall take place no later than seven (7) business days after Buyer is given a Winning Bid notice.

1.7 USER NAME AND PASSWORD
Once a party becomes a Member of the Site, the Member will select a user name and a password. Members are entirely responsible for maintaining the confidentiality of their user names and passwords. Furthermore, Members are entirely responsible for any and all activities, which occur under a Member's ID and password. Member agrees to immediately notify Myauctionplanet.com of any unauthorized use of Member's ID or any other breach of security known to Member.

1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS
Terms & Conditions As Contract. These Terms & Conditions, together with any additional conditions of sale provided by a Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the winning Bidder in any completed auction. By bidding on an Asset a Bidder agrees, and by listing an Asset on the Site, a Seller agrees, to be bound by these Terms & Conditions and the Seller's conditions of sale included in the Asset's description, so long as those conditions of sale are not in violation of these Terms & Conditions or unlawful. In the event of any direct conflict between these Terms & Conditions and any conditions of sale provided by a Seller, then these Terms & Conditions shall prevail, except that in the event of a direct conflict regarding the timing and requirements of settlement provided in the Section entitled "Settlement of Transactions" above, then the Seller's conditions of sale shall prevail with respect to such provisions.

1.9 BINDING CONTRACT BETWEEN BUYER AND SELLER
A bid made by a Buyer is an offer to purchase the asset from the Seller at the stated bid price. The bid is an irrevocable offer, subject only to material changes in the description of an asset made after such bid is placed by a Buyer. Buyers are required to conduct any research or due diligence of an asset prior to making a bid (See "Other Responsibilities of Bidders/Buyers" below). All Assets are listed and sold on an "as is" basis. If a Buyer bids on an asset and that bid represents the highest bid for that asset, and the highest bid is at or above the Seller's minimum and/or reserve price (whichever is higher), the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions, including the right of a Buyer to change or retract a bid in the event of a material change in the description of the Asset, as set forth below), except for an exceptional circumstance, such as a typographical error. Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price he/she/it offered and pursuant to these Terms & Conditions and the Seller's conditions of sale. If a Seller receives at least one bid at or above the Seller's stated minimum price (or in the case where the Seller has set a reserve price, at or above the reserve price), the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms & Conditions.

1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of the Site by Members shall be conducted in compliance with applicable law. Purchases made on the Site are entirely without recourse to Myauctionplanet.com. All Members acknowledge and agree that closing of all sales of Assets may be subject to final approval of a court (including a bankruptcy court) or other agency and that if such approval is not obtained, the Seller may withdraw such Asset after a completed bidding process without any recourse or liability on the part of Seller.

1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions, and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Myauctionplanet.com retains the right to terminate a Member's rights to use the Site in the event a Member violates these Terms & Conditions. All Assets are listed and sold on the Site on an "as is" basis. Bidders are required to conduct any research or due diligence of an asset that they wish to conduct prior to making a bid. After the online bidding is complete, unless otherwise indicated/engaged, Buyers are responsible for taking all necessary actions to complete the sale once a Winning Bid notice is given to Buyer. Myauctionplanet.com retains the rights to terminate a Buyer's rights to use the Site in the event a Buyer fails to perform its obligations to settle on a completed auction.

1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing provided for inclusion on the Site and shall be liable for any misstatements or omissions in such description. Failure to accurately describe an Asset could be fraudulent and could subject a Seller to civil and/or criminal liability, as well as being in violation of these Terms & Conditions. Myauctionplanet.com retains the right to terminate a Seller's rights to use the Site in the event a Seller includes material misstatements or omissions in an Asset's description. Prior to listing an Asset, Sellers shall provide to Myauctionplanet.com any terms or conditions of sale for particular Assets in addition to these Terms & Conditions. Sellers are responsible for complying with all applicable local, state, federal, or foreign laws, rules, regulations and legal approvals regarding the sale of any Assets. Sellers are also solely responsible for ensuring that all items offered for sale are offered in full compliance with any applicable legal limitations or restrictions.

1.13 PAYMENT OF COMMISSION
We do not charge any fees for the use of Myauctionplanet.com. We do not and will not ask for any financial information on this site.

1.14 SUPERVISION OF CONTENT
Myauctionplanet.com reserves the right to supervise all material, content and information on its Site, including, but not limited to, asset listings and bidding activity, to determine compliance with the Terms & Conditions and all current and future operating procedures and rules of conduct established by Myauctionplanet.com. Myauctionplanet.com reserves the right, at its sole discretion, to amend, edit, remove or otherwise block any material posted by a Member, which may violate any state, federal or local law or violate any aspect of these Terms & Conditions or which may otherwise jeopardize the business operations or goals of Myauctionplanet.com.

1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions through the Site. Member's use of the Site is subject to all applicable local, state, national and international laws and regulations. Member agrees: (a) to comply with international law regarding the transmission of technical data exported from any country through the Site; (b) not to use the Site for illegal purposes; (c) not to interfere or disrupt networks connected to the Site; and (d) to comply with all regulations, policies and procedures of networks connected to the Site. Member agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member further agrees not to use the Site in a manner that violates any national, international, federal, state, and local or statute laws, including but not limited to the sale of any regulated substances.

1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not to resell or make any commercial use of the services provided on the Site, without the express written consent of Myauctionplanet.com. Member acknowledges that content appearing on the Site may be protected by copyrights, trademarks or other proprietary or personal rights and those applicable laws will govern the Member's use of such content. Member agrees that without the prior written consent of Myauctionplanet.com, Member shall not resell the Site, or the services provided on the Site, or use the Site for the transmission of commercial solicitations (other than an offer by Seller of Assets for sale) or for the receipt of responses to commercial solicitations (other than a Buyer's interest in purchasing Assets offered for sale through the Site) without the express written consent of Myauctionplanet.com. Member agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Site. Member agrees not to use the Site for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. Member agrees not to use the Site to disseminate any message in a broad-based mailing without the prior written permission of Myauctionplanet.com. Member agrees not to forge communications or take any other action that would disguise the origin of communications Member transmits through the Site. Member agrees not to permit another person to transmit communications that falsely identifies the Member's account as the origin of such communication. Nothing herein shall limit or prevent any Buyer from re-selling any Asset purchased through the Site.

1.17 LIMITATION OF LIABILITY
NEITHER Myauctionplanet.com, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF Myauctionplanet.com OR INABILITY TO USE Myauctionplanet.com (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF Myauctionplanet.com PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF Myauctionplanet.com, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

AFFILIATE AGREEMENT

SECTION 1 - Introduction
1.1 - Policies and Compensation Plan incorporated into member agreement
These policies and procedures, in their present form and as amended at the sole discretion of MY AUCTION PLANET, form an integral part of the MY AUCTION PLANET member agreement. Throughout these policies, when the term "agreement" is used, it collectively refers to the MY AUCTION PLANET's member agreement, these policies and procedures, the terms and conditions, the MY AUCTION PLANET rewards plan. These documents are incorporated by reference into the MY AUCTION PLANET member agreement (all in their current form and as amended by MY AUCTION PLANET). It is the responsibility of each member to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these policies and procedures. When referring a new member, it is the responsibility of the new member to review the most current version of these policies and procedures and the MY AUCTION PLANET rewards plan.
1.2 - Purpose of Policies
MY AUCTION PLANET is a direct sales company that markets Internet-based information, as well as personalized web sites through its membership. It is important to understand that your success and the success of your fellow members is dependent upon the integrity of the men and women who market these services. To clearly define the relationship that exists between members and MY AUCTION PLANET, and to explicitly set a standard for acceptable business conduct, MY AUCTION PLANET has established this agreement.
MY AUCTION PLANET members are required to comply with all of the terms and conditions set forth in the agreement which MY AUCTION PLANET may amend at its sole discretion from time to time, as well as all federal, state, provincial, territorial, and local laws governing their MY AUCTION PLANET 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 an independent contractor and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from MY AUCTION PLANET (support @ myauctionplanet.com)
1.3 - Changes to the Agreement
Because federal, state, provincial, territorial and local laws, as well as the business environment, periodically change, MY AUCTION PLANET reserves the right to amend the agreement and its prices in its sole and absolute discretion. By agreeing to the member agreement, a member agrees to abide by all amendments or modifications that MY AUCTION PLANET elects to make. Amendments shall be effective upon notice to all members that the Agreement has been modified. Notification of amendments shall be published in official MY AUCTION PLANET materials. The Company shall provide or make available to all members a complete copy of the amended provisions by one or more of the following methods:
(1) posting on www.myauctionplanet.com; or
(2) electronic mail (e-mail). The continuation of a member's MY AUCTION PLANET membership or a member's acceptance of rewards or bonuses or commissions constitutes acceptance of any and all amendments.
1.4 - Delays
MY AUCTION PLANET shall not be responsible for delays or 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, death, curtailment of a party's source of supply, or government decrees or orders.
1.5 - Policies and Provisions Several
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.
1.6 - 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 MY AUCTION PLANET to exercise any right or power under the agreement or to insist upon strict compliance by a member 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 MY AUCTION PLANET's right to demand exact compliance with the agreement. Waiver by MY AUCTION PLANET can be effected only in writing by an authorized officer of the Company. MY AUCTION PLANET's waiver of any particular breach by a member shall not affect or impair MY AUCTION PLANET's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other member. Nor shall any delay or omission by MY AUCTION PLANET to exercise any right arising from a breach affect or impair MY AUCTION PLANET's rights as to that or any subsequent breach.
The existence of any claim or cause of action of a member against MY AUCTION PLANET shall not constitute a defense to MY AUCTION PLANET's enforcement of any term or provision of the Agreement.
SECTION 2 - Becoming a Member
2.1 - Requirements to Become a Member
To become a MY AUCTION PLANET member, each applicant must:
2.1.1 - Meet the age requirements as outlined below:
To participate in the referral rewards program of MY AUCTION PLANET, you must be at least 18 years old. Submitting your MY AUCTION PLANET application implies that you have such consent.
2.1.2 - Maintain their recurring monthly purchase of The MY AUCTION PLANET promotional products that include the "MY AUCTION PLANET Business Center".
SECTION 3 - Operating a MY AUCTION PLANET Business
3.1 - Adherence to the MY AUCTION PLANET rewards plan
Members must adhere to the terms of the MY AUCTION PLANET rewards plan as set forth in official MY AUCTION PLANET literature. Members shall not offer the MY AUCTION PLANET opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official MY AUCTION PLANET literature. Members shall not require or encourage other current or prospective members to participate in MY AUCTION PLANET's in any manner that varies from the program as set forth in official MY AUCTION PLANET's literature. Members shall not require or encourage other current or prospective members to execute any agreement or contract other than official MY AUCTION PLANET agreements and contracts in order to become a MY AUCTION PLANET member. Similarly, members shall not require or encourage other current or prospective members to make any purchase from, or payment to, any individual or other entity to participate in the MY AUCTION PLANET rewards plan other than those purchases or payments identified as recommended or required in official MY AUCTION PLANET literature.
3.2 - Advertising
3.2.1 - General
All members shall safeguard and promote the good reputation of MY AUCTION PLANET and its services. The marketing and promotion of MY AUCTION PLANET, the MY AUCTION PLANET opportunity, the rewards plan, and MY AUCTION PLANET services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.2.2 - Member Web Sites
Members are provided with a web site to promote their products and services, the affiliate programs to which they belong, their personal business opportunity.
If a member desires to utilize another web site to promote his or her MY AUCTION PLANET business, he or she may do so. He or she may develop their own unique content within the spirit of MY AUCTION PLANET and within the guidelines of the MY AUCTION PLANET Member Agreement.
3.2.3 - Domain Names
Members may not use or attempt to register any of MY AUCTION PLANET's trade names, trademarks, service names, service marks, product names, the Company's name, or any derivative thereof, for any Internet domain name.
3.2.4 - Trademarks and Copyrights
MY AUCTION PLANET will not allow the use of its trade names, trademarks, designs, or symbols by any person, including MY AUCTION PLANET's members, without its prior, written permission.
3.2.5 - Media and Media Inquiries
Members must not attempt to respond to media inquiries regarding MY AUCTION PLANET, its services, or their independent MY AUCTION PLANET business. All inquiries by any type of media must be immediately referred to MY AUCTION PLANET's media relations department. This policy is designed to ensure that accurate and consistent information is provided to the public as well to maintain a proper public image.

3.3 - Spamming and Unsolicited Faxes
Except as provided in this section, members may not use or transmit mass e-mail distribution, unsolicited e-mail, or "spamming" relative to the operation of their MY AUCTION PLANET businesses. The term "unsolicited e-mail" means the transmission via electronic mail, respectively, of any material or information advertising or promoting MY AUCTION PLANET, its products, its rewards plan or any other aspect of the company which is transmitted to any person, except that these terms do not include e-mail: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the member has an established business or personal relationship. The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two-way communication between a member and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such member; or (b) a personal or familial relationship, a relationship which has not been previously terminated by either party.
3.4 - Bonus Buying Prohibited
Bonus 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 member;
(c) the enrollment or attempted enrollment of nonexistent individuals or entities as members ("phantoms");
(d) purchasing MY AUCTION PLANET's services on behalf of another member, or under another member's user name, to qualify for commissions or bonuses.
3.5 - Business Entities
A corporation, partnership or trust (collectively referred to in this section as a "Business Entity") may apply to be a MY AUCTION PLANET member by completing the registration form. A MY AUCTION PLANET business may change its status under the same sponsor from an individual to a partnership, corporation or trust, or from one type of entity to another. An authorized representative of the entity must complete the registration form. Members of the entity are jointly and severally liable for any indebtedness or other obligation to MY AUCTION PLANET.
3.6 - Changes to a MY AUCTION PLANET Business
3.6.1 - General
Each member must immediately notify MY AUCTION PLANET of all changes to the information contained on his or her member application and agreement. Members may modify their existing Member Agreement by editing the registration information on MY AUCTION PLANET's web site.
3.6.2 - Change of Sponsor
To protect the integrity of all marketing organizations and safeguard the hard work of all members, MY AUCTION PLANET does not allow changes in sponsorship. Maintaining the integrity of sponsorship is critical for the success of every member organization. Accordingly, the transfer of a MY AUCTION PLANET business from one sponsor to another is not permitted.
3.6.3 - Cancellation and Re-application
A member may legitimately change organizations by voluntarily canceling his or her MY AUCTION PLANET business and remaining inactive (i.e., no purchases of MY AUCTION PLANET products for resale, no sales of MY AUCTION PLANET products, no sponsoring, no attendance at any MY AUCTION PLANET functions, participation in any other form of member activity, or operation of any other MY AUCTION PLANET business) for six (6) full calendar months. Following the six month period of inactivity, the former member may reapply under a new sponsor.
3.7 - Unauthorized Claims and Actions
3.7.1 - Indemnification
A member is fully responsible for all of his or her verbal and written statements made regarding MY AUCTION PLANET products, services, and the Rewards Plan which are not expressly contained in official MY AUCTION PLANET materials. Members agree to indemnify MY AUCTION PLANET and MY AUCTION PLANET's directors, officers, employees, and agents, and hold them harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by MY AUCTION PLANET as a result of the member's unauthorized representations or actions. This provision shall survive the termination of the member agreement.
3.7.2 - Income Claims
In their enthusiasm to enroll prospective members, some members are occasionally tempted to make income claims or earnings representations to demonstrate the inherent power of the rewards plan. This is counterproductive because new members may become disappointed very quickly if their results are not as extensive or as rapid as the results others have achieved. At MY AUCTION PLANET, we firmly believe that the MY AUCTION PLANET income potential is great enough to be highly attractive, without reporting the earnings of others.
Moreover, many Federal, State / Provincial and local governments have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by persons engaged in direct marketing. While affiliates may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact MY AUCTION PLANET as well as the member making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because MY AUCTION PLANET members do not have the data necessary to comply with the legal requirements for making income claims, a member, when presenting or discussing the MY AUCTION PLANET opportunity or rewards plan to a prospective member, may not make income projections, income claims, or disclose his or her MY AUCTION PLANET income (including the showing of checks, copies of checks, bank statements, or tax records).
3.8 - Commercial Outlets
MY AUCTION PLANET strongly encourages the referral of its services through person to person contact. In an effort to reinforce this method of marketing and to help provide a standard of fairness for its member base, members may display or sell MY AUCTION PLANET products, services, or literature in any retail or service establishment.
3.9 - Trade Shows, Expositions and Other Sales Forums
Members may display and/or sell MY AUCTION PLANET services at trade shows and professional expositions, swap meets, garage sales, flea markets or farmer's markets as long as the professional image and integrity of MY AUCTION PLANET is maintained.
3.10 - Conflicts of Interest
3.10.1 - Nonsolicitation
MY AUCTION PLANET members are free to participate in other direct marketing business ventures or marketing opportunities.
Members must not sell, or attempt to sell, any competing non- MY AUCTION PLANET products or services to MY AUCTION PLANET members. Any product or services in the same generic category as a MY AUCTION PLANET product or service is deemed to be competing (e.g., any Internet related service is in the same generic category as MY AUCTION PLANET's services, and is therefore a competing product, regardless of differences in cost, content, or individual attributes.).
Members may not display MY AUCTION PLANET products or services with any other products or services in a fashion that might in any way confuse or mislead a prospective member into believing there is a relationship between the MY AUCTION PLANET and non- MY AUCTION PLANET products or services. Members may not offer the MY AUCTION PLANET opportunity or services to prospective or existing members in conjunction with any non- MY AUCTION PLANET program, opportunity, product or service.
3.10.2 - Member Tree (Genealogy) Reports
All Member Tree Reports and the information contained therein are confidential and constitute proprietary information and business trade secrets belonging to MY AUCTION PLANET. They will be provided to members in strictest confidence and will be made available to members for the sole purpose of assisting members in working with their respective member tree organizations in the development of their MY AUCTION PLANET business. Members should use their member tree reports to assist, motivate, and train their direct referrals. A member shall not, on his or her own behalf, or on behalf of any other person, partnership, association, corporation or other entity:
3.10.2.1 -
Directly or indirectly disclose any information contained in any member tree activity report to any third party;
3.10.2.2 -
Use the information to compete with MY AUCTION PLANET or for any purpose other than promoting his or her MY AUCTION PLANET business;
3.10.2.3 -
Recruit or solicit any member of MY AUCTION PLANET listed on any report, or in any manner attempt to influence or induce any member of MY AUCTION PLANET, to alter their business relationship with MY AUCTION PLANET; or
3.10.2.4 -
Use or disclose to any person, partnership, association, corporation, or other entity any information contained in any member tree report.
3.11 - Cross-Sponsoring
Actual or attempted cross sponsoring is strictly prohibited. "Cross sponsoring" is defined as the enrollment of an individual who or entity that already has a current member agreement on file with MY AUCTION PLANET, or who has had such an agreement within the preceding six 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, to circumvent this policy is prohibited. Members shall not demean, discredit or defame other MY AUCTION PLANET members in an attempt to entice another member to become part of the first member's downline. This policy shall not prohibit the transfer of a MY AUCTION PLANET business in accordance with Section 4.24.
3.12 - Errors or Questions
If a member has questions about or believes any errors have been made regarding commissions, bonuses, member tree reports, or charges, the member must notify MY AUCTION PLANET in writing within 60 days of the date of the purported error or incident in question. MY AUCTION PLANET will not be responsible for any errors, omissions or problems not reported to the Company within 60 days.
3.13 - Governmental Approval or Endorsement
Neither federal nor state / provincial regulatory agencies or officials approve or endorse any direct selling or network marketing companies or programs. Therefore, members shall not represent or imply that MY AUCTION PLANET or its rewards plan have been "approved," "endorsed" or otherwise sanctioned by any government agency.
3.14 - Identification
All members are required to provide their personal contact information to MY AUCTION PLANET in the registration. Upon enrollment, the Company will provide a unique account number to the member by which he or she will be identified. This account number will be used to track direct referrals and bonuses.
3.15 - Income Taxes
Each member is responsible for paying local, state / provincial, and federal taxes on any income generated as a member.
3.16 - Independent Contractor Status
Members are independent contractors, and are not purchasers of a franchise or a business opportunity. The agreement between MY AUCTION PLANET and its members does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the member. Members shall not be treated as an employee for his or her services or for Federal or State / Provincial tax purposes. All members are responsible for paying local, State / Provincial, and federal taxes due from all compensation earned as a member of MY AUCTION PLANET. The member has no authority (expressed or implied), to bind the company to any obligation. Each member shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the member agreement, these policies and procedures, and applicable laws.
The name of MY AUCTION PLANET and other names as may be adopted by MY AUCTION PLANET are proprietary trade names, trademarks and service marks of MY AUCTION PLANET. As such, these marks are of great value to MY AUCTION PLANET and are supplied to members for their use only in an expressly authorized manner. Use of MY AUCTION PLANET name on any item not produced by the company is prohibited except as follows:
Member's Name
All members may list themselves as "a MY AUCTION PLANET member" in the white or yellow pages of the telephone directory under their own name. Members may not answer the telephone by saying " MY AUCTION PLANET" or in any other manner that would lead the caller to believe that he or she has reached offices of MY AUCTION PLANET.
3.17 - Insurance
3.17.1 - Business Pursuits Coverage
You may wish to arrange insurance coverage for your business. Your homeowner's insurance policy does not cover business-related injuries, or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain that your business property is protected. This can often be accomplished with a simple "Business Pursuit" endorsement attached to your present home owner's policy.
3.18 - Adherence to Laws and Ordinances
3.18.1 - Local Ordinances
Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to members because of the nature of their business. However, members must obey those laws that do apply to them. If a city or county official tells a member that an ordinance applies to him or her, the member shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of MY AUCTION PLANET. In most cases there are exceptions to the ordinance that may apply to MY AUCTION PLANET members.
3.19 - Compliance With Federal, State / Provincial, Local Laws
Members shall comply with all federal, state / provincial, and local laws and regulations in the conduct of their businesses.
3.20 - Minors
A person who is recognized as a minor in his/her state / province of residence may not be a MY AUCTION PLANET member. Members shall not enroll or recruit minors into the MY AUCTION PLANET program. See Section 2.1.1 for full details on the age requirements for participating in MY AUCTION PLANET.
3.21 - One MY AUCTION PLANET Business (Account) Per Distinct Entity
Each individual or distinct entity may only own or have interest in one MY AUCTION PLANET business. Individuals of the same family unit may not enter into or have an interest in more than one MY AUCTION PLANET business unless they can prove with reasonable means that each business is operated as a distinct entity. A "family unit" is defined as spouses and dependent children living at or doing business at the same address.
An exception to the one business per Distinct Entity rule will be considered on a case by case basis if two members marry or in cases of a member receiving an interest in another business through inheritance. Requests for exceptions to policy must be submitted in writing to MY AUCTION PLANET.
3.22 - Actions of Household Members or Related Individuals
If any member of a member's immediate household engages in any activity which, if performed by the member, would violate any provision of the agreement, such activity will be deemed a violation by the member and MY AUCTION PLANET may take disciplinary action pursuant to the policies and procedures against the member. Similarly, if any individual associated in any way with a corporation, partnership, trust or other entity (collectively "related individual") violates the agreement, such action(s) will be deemed a violation by the entity, and MY AUCTION PLANET may take disciplinary action against the entity.
3.23 - Requests for Records
Any request from a member for copies of invoices, applications, member tree reports, or other records must be done online using the tools provided by MY AUCTION PLANET.
3.24 - Roll-up of Marketing Organization
When a vacancy occurs in a downline due to the termination of a MY AUCTION PLANET business or member, the location will be filled with a place holder and the existing structure of the downline maintained unless only one member is under the vacancy in which case that individual or organization will be moved up into the vacant spot.

3.25 - Sale, Transfer or Assignment of MY AUCTION PLANET Business
Although a MY AUCTION PLANET business is a privately owned, independently operated business, the sale, transfer or assignment of a MY AUCTION PLANET business is subject to certain limitations. If a member wishes to sell his or her MY AUCTION PLANET business, the following criteria must be met:
3.25.1 -
Protection of the existing line of sponsorship must always be maintained so that the MY AUCTION PLANET business continues to be operated in that line of sponsorship.
3.25.2 -
The buyer or transferee must be (or must become) a qualified MY AUCTION PLANET member. If the buyer is an active MY AUCTION PLANET member, he or she must first terminate his or her MY AUCTION PLANET business simultaneously with the purchase, transfer, assignment or acquisition of any interest in the new MY AUCTION PLANET business.
3.25.3 -
Before the sale, transfer or assignment can be finalized and approved by MY AUCTION PLANET, any debt obligations the selling member has with MY AUCTION PLANET must be satisfied.
3.25.4 -
The selling member must be in good standing and not in violation of any of the terms of the Agreement in order to be eligible to sell, transfer or assign a MY AUCTION PLANET business.
Prior to selling a MY AUCTION PLANET business, the selling member must notify MY AUCTION PLANET at support @ freetomarket.com his or her intent to sell the MY AUCTION PLANET business. No changes in line of sponsorship can result from the sale or transfer of a MY AUCTION PLANET business. A member may also sell, transfer or assign individual business centers.
3.26 - Separation of a MY AUCTION PLANET Business
MY AUCTION PLANET members sometimes operate their MY AUCTION PLANET 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 members and the Company, MY AUCTION PLANET will involuntarily terminate the Member Agreement and roll-up their entire organization pursuant to Section 4.23.
During the pendency of a divorce or entity dissolution, the parties must adopt one of the following methods of operation:
3.26.1 -
One of the parties may, with consent of the other(s), operate the MY AUCTION PLANET business pursuant to an assignment in writing whereby the relinquishing spouse, shareholders, partners or trustees authorize MY AUCTION PLANET to deal directly and solely with the other spouse or non-relinquishing shareholder, partner or trustee.
3.26.2 -
The parties may continue to operate the MY AUCTION PLANET business jointly on a "business-as-usual" basis, whereupon all compensation paid by MY AUCTION PLANET will be paid in the joint names of the members or in the name of the entity to be divided as the parties may independently agree between themselves.
Under no circumstances will the member tree organization of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will MY AUCTION PLANET split commission and bonus checks between divorcing spouses or members of dissolving entities. MY AUCTION PLANET will recognize only one member tree organization and will issue only one rewards payment per MY AUCTION PLANET business per commission cycle. Commission payment 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, the member agreement shall be involuntarily canceled. If a former spouse or a former entity member has completely relinquished all rights in their original MY AUCTION PLANET business, they are thereafter free to enroll under any sponsor of their choosing, so long as they meet the waiting period requirements set forth in Section 4.4.4. In such case, however, the former spouse or partner shall have no rights to any members in their former organization. They must develop the new business in the same manner as would any other new member.
3.27 - Sponsoring
All active members in good standing have the right to refer others into MY AUCTION PLANET. Each prospective member has the ultimate right to choose his or her own sponsor.
3.28 - Stacking
"Stacking" is strictly prohibited. The term "stacking" includes:
(a) the placement or manipulation of independent member applications and agreements for the purpose of maximizing compensation pursuant to MY AUCTION PLANET's rewards plan; or
(b) providing financial assistance to new members for the purpose of maximizing compensation pursuant to MY AUCTION PLANET's rewards plan;
(c) violating the one business per distinct entity rule; and/or
(d) enrolling fictitious individuals or entities into the MY AUCTION PLANET rewards plan.
3.29 - Succession
Upon the death or incapacitation of a member, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper. Accordingly, a member should consult an attorney to assist him or her in the preparation of a will or other testamentary instrument. Whenever a MY AUCTION PLANET business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased member's downline provided the following qualifications are met. The successor(s) must:
3.29.1 -
Execute a member agreement;
3.29.2 -
Comply with terms and provisions of the agreement; and
3.29.3 -
Meet all of the qualifications for the deceased member's status.
3.29.4 -
Bonus and commission checks of a MY AUCTION PLANET business transferred pursuant to this section will be paid in a single check jointly to the devisees. The devisees must provide MY AUCTION PLANET with an "address of record" to which all bonus and commission checks will be sent;
3.29.5 -
If the business is bequeathed to joint devisees, they must form a business entity and acquire a federal taxpayer Identification number. MY AUCTION PLANET will issue all bonus and commission checks.
3.30 - Transfer Upon Death of a Member
To effect a testamentary transfer of a MY AUCTION PLANET business, the successor must provide the following to MY AUCTION PLANET: (1) an original death certificate; (2) a notarized copy of the will or other instrument establishing the successor's right to the MY AUCTION PLANET business; and (3) a completed and executed member agreement.
3.31 - Transfer Upon Incapacitation of a Member
To effect a transfer of a MY AUCTION PLANET business because of incapacity, the successor must provide the following to MY AUCTION PLANET: (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 MY AUCTION PLANET business; and (3) a completed member agreement executed by the trustee.
SECTION 4 - Responsibilities of a Member
4.1 - Change of Contact Information
To ensure timely delivery of all correspondence MY AUCTION PLANET requires members to maintain complete and accurate contact information on the MY AUCTION PLANET web site.
4.2 - Continuing Development Obligations
4.2.1 - Ongoing Training
Any member who refers another member into MY AUCTION PLANET must perform a bona fide assistance and training function to the people they directly refer to ensure that his or her member tree is properly operating his or her MY AUCTION PLANET business. Members must have ongoing contact and communication with the directly referred members in their member tree organizations. Examples of such contact and communication may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, and the accompaniment of directly referred members to MY AUCTION PLANET meetings, training sessions, and other functions. Directly referred members are also responsible to motivate and train new members in MY AUCTION PLANET product knowledge, effective sales techniques, the MY AUCTION PLANET rewards plan, and compliance with Company policies and procedures, within their scope of knowledge and expertise. Communication with and the training of directly referred members must not, however, violate Section 4.2 (regarding the development of member-produced sales aids and promotional materials).
4.3 - Increased Training Responsibilities
As members generate progressively larger numbers of direct referrals, they will become more experienced in sales techniques, service knowledge, and understanding of the MY AUCTION PLANET program. They may be called upon to share this knowledge with lesser experienced members within their organization.
4.4 - Nondisparagement
MY AUCTION PLANET wants to provide its members with the best web hosting and e-commerce services, compensation plan, and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to MY AUCTION PLANET. Remember to best serve you, we must hear from you! While MY AUCTION PLANET welcomes constructive input, negative comments and remarks made in the field by members about the Company, its products, or compensation plan serve no purpose other than to sour the enthusiasm of other MY AUCTION PLANET members. For this reason, and to set the proper example for their downline, members must not disparage, demean, or make negative remarks about MY AUCTION PLANET, other MY AUCTION PLANET members, MY AUCTION PLANET products, the rewards plan, or MY AUCTION PLANET's directors, officers, or employees.
4.5 - Providing Documentation to Applicants
Members must provide the most current version of the Policies and Procedures and the Business Plan to individuals whom they are referring to become members before the applicant signs a member agreement. Additional copies of Policies and Procedures can be acquired from MY AUCTION PLANET.
4.6 - Reporting Policy Violations
Members observing a Policy violation by another member should submit a written report of the violation directly to the attention of the MY AUCTION PLANET Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
SECTION 5 - Rewards Plan
5.1 - Reward Qualifications
A member must be active and in compliance with the Agreement to qualify for rewards and bonuses. So long as a member complies with the terms of the Agreement, MY AUCTION PLANET shall pay rewards and bonuses to such member in accordance with the rewards plan.
5.2 - Unclaimed Commissions and Credits
Members must deposit or cash commission and bonus checks within six months from their date of issuance. A check that remains uncashed after six months will be void. After a check has been voided, MY AUCTION PLANET will attempt to notify a member who has an uncashed check by sending a monthly written notice to his or her last known address identifying the amount of the check and advising that the member can request that the check be reissued. There shall be a $15.00 charge for reissuing a check, and a $10.00 fee for each notice that is sent to the member. These charges shall be deducted from the balance owed to the member.
5.3 - Online Genealogy Reports
All information provided by MY AUCTION PLANET in online genealogy reports, including but not limited to personal and group sales volume (or any part thereof) and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including the inherent possibility of human and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; canceled services; credit card and electronic check charge-backs; the information is not guaranteed by MY AUCTION PLANET or any persons creating or transmitting the information.
Access to and use of MY AUCTION PLANET's online genealogy services and the use of such information is at your own risk. All genealogy information is provided to you "as is". If you are dissatisfied with the information, your sole and exclusive remedy is to discontinue use of and access to MY AUCTION PLANET's online and telephone genealogy services and the use of such information.
SECTION 6 - Dispute Resolution and Disciplinary Proceedings
6.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures, or any illegal, fraudulent, deceptive or unethical business conduct by an member may result, at MY AUCTION PLANET's discretion, in one or more of the following corrective measures:
6.1.1 -
Issuance of a written warning or admonition;
6.1.2 -
Requiring the member to take immediate corrective measures;
6.1.3 -
Imposition of a fine, which may be withheld from bonus and commission checks;
6.1.4 -
Loss of rights to one or more bonus and commission checks;
6.1.5 -
MY AUCTION PLANET may withhold from a member, or the uplines, all or part of the member's bonuses and commissions during the period that MY AUCTION PLANET is investigating any conduct allegedly violate of the Agreement. If an member's business is canceled for disciplinary reasons, the member will not be entitled to recover any commissions withheld during the investigation period;
6.1.6 -
Suspension of the individual's member agreement for one or more pay periods;
6.1.7 -
Involuntary termination of the offender's member agreement;
6.1.8 -
Any other measure expressly allowed within any provision of the Agreement or which MY AUCTION PLANET deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the member's policy violation or contractual breach;
6.1.9 -
In situations deemed appropriate by MY AUCTION PLANET, the Company may institute legal proceedings for monetary and/or equitable relief.
6.2 - Grievances and Complaints
When a member has a grievance or complaint with another member regarding any practice or conduct in relationship to their respective MY AUCTION PLANET businesses, the complaining member should report the problem the Member Services Department of MY AUCTION PLANET. The Member Services Department will review the facts and attempt to resolve it.
6.3 - Arbitration
Any controversy or claim arising in the United States out of or relating to the Agreement, or the breach thereof, shall be settled by 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. If a member files a claim or counterclaim against MY AUCTION PLANET, he or she may only do so on an individual basis and not with any other member or as part of a class or consolidated action. Members waive all rights to trial by jury or to any court. 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 that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party 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 MY AUCTION PLANET 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 MY AUCTION PLANET'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.
6.5 - Governing Law, Jurisdiction and Venue

SECTION 7 - Payment and Shipping
7.1 - Deposits
No money should be paid to or accepted by a member for a sale to a directly referred member. Members should not accept money from other members to be held for deposit in anticipation of future deliveries.
7.2 - Omitted
7-3 - Omitted
7.4 - Sales Taxes
In designing the MY AUCTION PLANET opportunity, one of our guiding philosophies has been to free members from as many administrative, operational, and logistical tasks as possible. In doing so, members are free to concentrate on those activities that directly affect their incomes, namely referral activities. To these ends, MY AUCTION PLANET relieves members of the burdens of collecting and remitting sales taxes, filing sales tax reports, and keeping records relative to sales taxes.
By virtue of its business operations, MY AUCTION PLANET is required to charge sales taxes on all purchases made by members, and remit the taxes charged to the respective states. Accordingly, MY AUCTION PLANET will collect and remit sales taxes on behalf of members, based on the suggested retail price of the products, according to applicable tax rates in the state or province to which the shipment is destined. If a member has submitted, and MY AUCTION PLANET has accepted, a current Sales Tax Exemption Certificate and Sales Tax Registration License, sales taxes will not be added to the invoice and the responsibility of collecting and remitting sales taxes to the appropriate authorities shall be on the member. Exemption from the payment of sales tax is applicable only to orders which are shipped to a state or province for which the proper tax exemption papers have been filed and accepted. Applicable sales taxes will be charged on orders that are drop-shipped to another state/province. Any sales tax exemption accepted by MY AUCTION PLANET is not retroactive.
SECTION 8 - Cancellation
8.1 - Effect of Cancellation
So long as a member remains active and complies with the terms of the Member Agreement and these Policies and Procedures, MY AUCTION PLANET shall pay commissions to such member in accordance with the rewards plan. A member's rewards and bonuses constitute the entire consideration for the member's efforts in generating referrals and all activities related to generating referrals (including building a downline organization). Following a member's non-renewal of his or her member agreement, voluntary or involuntary cancellation of his or her member agreement (all of these methods are collectively referred to as "cancellation"), the former member shall have no right, title, claim or interest to the downline which he or she operated, or any rewards or bonus from the referrals generated by those directly referred. A member whose business is canceled will permanently lose all rights as a member. This includes the right to sell MY AUCTION PLANET services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of the member's former downline sales organization. In the event of cancellation, members agree to waive all rights they may have, including but not limited to property rights, to their former downline organization and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former downline organization.
Following a member's cancellation of his or her Member Agreement, the former member shall not hold himself or herself out as a MY AUCTION PLANET member and shall not have the right to sell MY AUCTION PLANET services. A member whose Member Agreement is canceled shall receive rewards and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary cancellation).
8.2- Involuntary Cancellation
A member's violation of any of the terms of the Agreement, including any amendments that may be made by MY AUCTION PLANET in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary cancellation of his or her member agreement.
8.3 - Voluntary Cancellation
A participant in this direct marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted by e-mail or fax to the company. The notice must include the member's printed name, address, and member number.
TERMS AND CONDITIONS
1. I understand that as a MY AUCTION PLANET member:
A. I have the right to offer for sale MY AUCTION PLANET services in accordance with these terms and conditions.
B. I have the right to refer persons to MY AUCTION PLANET.
C. I will train and motivate the directly referred members in my downline organization.
D. I will comply with all federal, state / provincial, county and municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state / provincial, county or municipal law, ordinance, rule or regulation.
E. I will perform my obligations as a member with honesty and integrity.
F. I will only use the online contracts and application forms, which are provided by MY AUCTION PLANET for the sales of its services, and I will follow all policies and procedures established by MY AUCTION PLANET for the completion and processing of such contracts and orders.
2. I agree to present the MY AUCTION PLANET rewards plan and MY AUCTION PLANET services as set forth in official MY AUCTION PLANET literature.
3. I agree that as a MY AUCTION PLANET member I am an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of MY AUCTION PLANET. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of MY AUCTION PLANET. I understand that I shall control the manner and means by which I operate my MY AUCTION PLANET business, subject to my compliance with these terms and conditions, the MY AUCTION PLANET policies and procedures and the MY AUCTION PLANET rewards plan, in their current form and as may be amended by MY AUCTION PLANET in its sole discretion (all of which are collectively referred to as the "agreement"). I agree that I will be solely responsible for paying all expenses inc