Terms & Conditions.
Terms of Service: Rules, Refund and Privacy Policy
Introduction Thank you for choosing The 10k Club, we appreciate your preference. The Services are provided by Ghill has the authority to make changes or modifications to this agreement at any time. The user can find the latest revision date to the user terms and conditions agreement at the bottom of this page. It is the user’s responsibility to keep current on all changes made. By using this site, you are bound to accept all past, current, and future user terms and conditions within this agreement You: (a) must not use our Service unless you have the full power and authority to enter into and perform these Terms; (b) will not use our Service to infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users on our Platform and/or using our Service;.
Age Limits By using this site, you must warrant that you are at least 18 years of age. If you are under 18 and are at least 13 you may use this site under the supervision of a parent or legal guardian who agrees and accepts the User Terms and Conditions Agreement.
Website Use and Copyright Ghill holds full intellectual property rights to all content, including images with the exclusion of images from 3rd parties. Permission from Ghill must be given before any content or images may be used by anyone else. Everything belongs to Ghill and any 3rd parties that have obtained permission. NON-
DISCLOSURE AGREEMENT You understand & agree that all information about this site and The 10k Club may be of a confidential and/or sensitive nature. That information includes, but is not limited to, written, electronic, or oral statements made about the Project & shall hereafter and forever be deemed confidential. You agree, at The 10k Club/ GHILL PHTOZ’s written request to require, within reason, those who use this site including yourself to sign appropriate agreements not to discuss or disclose information about the club except as such disclosure may be necessary for user to market or promote the services in the usual and customary manner under this Agreement. You hereto desire to participate in discussions regarding The 10k Club. During these discussions, Ghill Phtoz LLC may share certain proprietary information with you. Therefore, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Definition of Confidential Information For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to Ghill Phtoz LLC and not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whether unmodified or modified by Receiving Party or its Representatives (as defined herein), whenever and however disclosed, including, but not limited to: (i) any marketing strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (ii) plans for production or services rendered during production, and customer or distributers; (iii) any technical information, design, process, procedure, formula, improvement, technology or method of production; (iv) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; (v) any other information that should reasonably be recognized as confidential information of Ghill Phtoz LLC; and (vi) any information generated by you or by its Representatives that contains, reflects, or is derived from any of the foregoing. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. You acknowledge that the Confidential Information is proprietary to Ghill Phtoz LLC, has been developed and obtained through great efforts by Ghill Phtoz LLC and that Ghill Phtoz LLC regards all of its Confidential Information as trade secrets.
Dispute Resolution (US Only) Please read this carefully if you are a resident of the United States of America. It affects your rights. Scope For US residents, all disputes, controversies, causes of action (in tort, contract, by statute or otherwise), including, without limitation, Disputes arising from or relating to this arbitration provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from the Terms (collectively, “ Disputes”) shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“ AAA”). Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Ghill or The 10K Club might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, Ghill or The 10K Club reserves the right to pursue the protection of its intellectual property rights and confidential information and to stop other illegal activities through immediate injunctive relief or other equitable relief at any time and without first resorting to informal procedures or arbitration, through any courts of competent jurisdiction.Venue The exclusive venue for the arbitration shall be Maryland. The parties will agree on a reasonable location, in the event that Maryland is an inappropriate forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.Small Claims Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.Class and Consolidated Claims Waiver To the extent permitted under applicable law, it is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under the Terms or any Dispute between the parties. Except as otherwise provided in this paragraph, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and us specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.Limit of Liability Liability for both parties is limited to $5,000 in damages. Parties waive, and the Arbitrator shall not be empowered to grant, indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by the Terms unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.Notice of Claims, Timing of Disputes and Nature of Award Any Dispute shall be filed within one (1) year of the date the Dispute arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute. Arbitration shall be commenced by filing a claim pursuant to the applicable AAA Rules. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.Discovery and Hearing Procedures All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue.
Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. The parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.Emergency and Provisional Remedies Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
Despute Confidentiality The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.Payment of Arbitration Fees and Costs Ghill or The 10K Club will advance all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, costs association with attorneys or expert witnesses. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse Ghill or The 10K Club for any of the fees and costs it advanced. If the arbitration is decided in Ghill or The 10K Club’s favor, you shall reimburse Ghill or The 10K Club for its arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA.Waiver of Jury Trial THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Arbitration terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Ghill or The 10K Club in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Ghill or The 10K Club WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.Survival and Severability These Arbitration terms shall survive the termination of your service with Ghill or The 10K Club. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. It is your responsibility to determine whether or not you want to interact with a user or member on our Service. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, and you hereby expressly consent to the foregoing. Email messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private.
Social Media Accounts Ghill/The 10k Club is not liable for any damage/loss of videos, social media accounts, and/or any other information during or after your order is delivered. Please note that you use our site at your own risk
Refund Policy The only circumstance in which you will receive a refund is if we do not deliver your order within three days of the time in which you first placed your order. This is in case if the shipment time specified is lesser than three days for the product. If the given time for the delivery is longer than three days, the refund is possible after the given time. However, if your order has been delivered promptly and completely, we will not issue a refund.
Disclosure Statement The 10k Club Compensation Plan is an exciting opportunity that rewards you for selling our products and / or services and for sponsoring other participants who do the same. Although the opportunity is unlimited, individual results will vary depending on commitment levels and sales skills of each participant. Since GThe 10k Club has recently launched, it lacks enough statistical data to prepare reliable income disclosures. Based on industry standards and company projections, the average annual gross income for distributors is projected to be anywhere between $500 and $2,000. There will certainly be participants who will earn less while others will earn much more. We’re excited about The 10k Club Compensation Plan and we’re confident it will provide you a solid foundation to help you achieve your financial goals. Ghillphtoz pays commissions according to the current compensation plan. Discuss our company with professional advisers and experienced affiliate marketers before deciding to purchase or promote any of Ghillphtoz 's products and services. Ghillphtoz nor The 10k Club does not guarantee you will make any money from your use or promotion of our products and services. If income projections were presented to you prior to your enrollment, such projections are not necessarily representative of the income, if any, that you can or will earn through your participation in the Compensation Plan. These income projections should not be considered as guarantees or projections of your actual earnings or profits. Success with The 10k Club results only from hard work, dedication, and leadership.
The Application & Agreement, Policies & Procedure and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between: Ghillphtoz ("Company") and the Independent Sales Representative. They shall be effective only upon acceptance by the Company, at its principal office: Ghillphtoz 8600 16th st Silver spring, MD 20910 United States Independent Sales Representative AGREES: 1. Independent Sales Representative is of legal age in the state/province or country in which he/she resides. 2. Any Independent Sales Representative who sponsors another Independent Sales Representative or received a Bonus or Commission on the product sales of another Independent Sales Representative must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. Independent Sales Representative must have ongoing contact, communication and arrangement with his or her sales organization. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Independent Sales Representative should be able to provide evidence to the Company quarterly of ongoing fulfillment of sponsor responsibilities. 3. Independent Sales Representative understands that he/she is not compensated for sponsoring other Independent Sales Representatives but earns compensation solely on sale of products and/or services to ultimate consumers. 4. Applicant is, upon acceptance, an "Independent Contractor", called Independent Sales Representative, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, Company Distributor Title in the US must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. All Independent Sales Representatives should consult their attorney or tax consultant for information on monies earned and where received. The Independent Sales Representative further understands that s/he will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining any licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes. 5. Independent Sales Representative agrees to accept sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as an Independent Sales Representative. The Company will file appropriate tax earnings report forms on each Independent Sales Representative at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement. 6. Independent Sales Representative agrees that the Company is not be liable for city, county, state, local and country/federal income taxes , sales taxes or other fees pertaining to sales and earnings of a Independent Sales Representative and Independent Sales Representative will hold the company harmless from all of same. 7. Independent Sales Representative SHALL NOT promote or sell other companies’ sales programs, products or Company functions, or on websites where Company is mentioned or use the Company forms or printed materials or its name and prestige, or drawing power in conjunction with or in support of any other activities. 8. Independent Sales Representative shall not sponsor or attempt to sponsor another Company Independent Sales Representative into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Independent Sales Representatives. In addition, no Independent Sales Representative shall participate in any action that causes an Independent Sales Representative to be sponsored through someone else into another company. 9. Independent Sales Representative will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only. 10. Independent Sales Representative will not make any claims of any kind pertaining to benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Independent Sales Representative shall present the program in its entirety, without omission, distortion or misrepresentation. 11. Independent Sales Representative shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. Federal and State regulatory agencies do not approve or endorse any marketing company product or programs. 12. Independent Sales Representative will indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Independent Sales Representative statements or actions in violation of this agreement. 13. Should Independent Sales Representative be terminated for cause, Independent Sales Representative's sales organization may be transferred to his/her first active upline Independent Sales Representative at Company's sole discretion. 14. I understand that at least 50% of all of Distributor's wholesale purchases must be resold to customers that are not Independent Sales Representatives of Company and that I will not purchase products solely for qualification for a higher position, bonus or commissions. 15. All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). Company will repurchase such products at 90% of original price less any bonus or commissions paid. All current sales aids and Company BUSINESS KIT in resalable condition purchased within 90 days prior to terminating may be returned (shipping prepaid). Company will purchase such materials at 90% of original price. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed. 16. The terminated Independent Sales Representative will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Independent Sales Representative that reenters the program may not sponsor any of her/his original downline organization. 17. Independent Sales Representative understands that company does not permit changing of sponsors. Network Marketing is a business of creating relationships. Once an Independent Sales Representative is sponsored, the Company believes in maximum protection of that relationship. 18. Independent Sales Representative hereby supplies Jinsei with his/her signature for Company files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
Independent Sales Representative Signature 19. Independent Sales Representative understands that he/she is paid monthly. 20. Independent Sales Representative without a sales tax ID number authorizes Company to remit to proper agencies the sales/use tax generated as a result of Independent Sales Representative's product sales. 21. Independent Sales Representative understands Company will provide Independent Sales Representative a replicated Web Page, when available as part of Company BUSINESS KIT. Company will deliver all Company BUSINESS KIT items upon receipt of good funds. 22. As an Independent Contractor, Independent Sales Representative is aware of the quality of products offered by the Company and other costs and contractual obligations that occur when she/he purchases products from Company. Independent Sales Representative understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Independent Sales Representative than when ordering as a customer. Independent Sales Representative therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the Company. Any order returns, refunds or exchanges shall be done through Company and not through any credit card company. 23. In the event that any check (monies) by any method is returned unpaid, I authorize Ghillphtoz to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions. 24. Independent Sales Representative understands that USA residents in the States of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to a total of $495.00 in sales aids and wholesale product purchases from the Company during the first six months. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities. Ghillphtoz AGREES: 1. Company will pay Independent Sales Representative commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Independent Sales Representative and his/her sales organization under the terms of Compensation Plan. 2. Company will retain full authority to accept or reject any Application or any order for products. Such refusal is solely within the discretion of the Company. No right of action against Company will arise because of any such acceptance or refusal. 3. Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan.