Become An Affiliate Today

1.0 INTRODUCTION
1.1 Mutual Commitment Statement
TicketGuard, LLC (hereafter as “TicketGuard” and the “Company”) recognizes that in order to develop a long-term and mutually rewarding relationship with its independent affiliate marketing force (“Independent Affiliate Marketers”; “Affiliate”) and “Customers” or “Consumers” TicketGuard and its Affiliates must acknowledge and respect the true nature of the relationship and support the Customers.
A. In the spirit of mutual respect and understanding, TicketGuard is committed to:
I. Provide prompt, professional, and courteous service and communications to all of its Affiliate Marketers and Customers;
II. Pay commissions accurately and on a timely basis;
III. Implement changes in the Compensation Plan or Policies and Procedures that affect the Independent Affiliate Marketers with limited input from the Affiliates;
IV.
Support, protect, and defend the integrity of the TicketGuard Affiliate Business Opportunity;

V.
Offer Affiliate Marketers an opportunity to grow with TicketGuard with such growth guided by the principles of Servant Leadership.


B. In return, TicketGuard expects that its Independent Affiliate Marketers will:
I. Conduct themselves in a professional, honest, and considerate manner;
II. Present TicketGuard Corporate and product information in an accurate and professional manner;
III. Present the Compensation Plan, Procedures and Policies in a complete and accurate manner;
IV.
Not make exaggerated income claims;

V.
Make reasonable effort(s) to support and train Affiliates and Customers in their downline should a downline exist;


VI. Not engage in cross-line recruiting, unhealthy competition, or unethical business practices;
VII. Provide positive guidance and training to Affiliates and Customers in their downline should a downline exist while exercising caution to avoid interference with other downlines. As such, an Affiliate is discouraged from providing cross-line training to an Affiliate or Customer in a different organization without first obtaining consent of the Affiiliate or Customer’s upline leader;
VIII. Support, protect, and defend the integrity of the TicketGuard Business Opportunity;
IX. Accurately complete and submit the Independent Affiliate Marketer Agreement and any requested supporting documentation in a timely manner.

1.2 TicketGuard Policies and Compensation Plan Incorporated into the Affiliate Marketer Agreement
A. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the TicketGuard Agreement, these Policies and Procedures, and the TicketGuard Compensation Plan.
B. It is the responsibility of the Independent Affiliate Marketer to read the most current version of these Policies and Procedures (available on the TicketGuard website, www.TicketGuardUSA.com) and the TicketGuard Compensation Plan prior to his, her and/or its execution of an Independent Affiliate Marketer Agreement.

1.3 Purpose of Policies
A. TicketGuard is a direct sales company that markets Citation Protection Plans through a network of sales/marketing representatives also referred to as Registration Agents. To clearly define the relationship that exists between Independent Affiliate Marketers/Registration Agents and TicketGuard, LLC. and to explicitly set a standard for acceptable business conduct, TicketGuard has established these Policies and Procedures.
B. TicketGuard Independent Affiliate Marketers are required to comply with: (i) all of the Terms and Conditions set forth in the Independent Affiliate Marketer Agreement, which TicketGuard may amend from time to time in its sole discretion; (ii) all federal, state, and/or local laws governing his, her and/or its TicketGuard business and marketing efforts; and (iii) these Policies and Procedures.
C. TicketGuard Independent Affiliate Marketers must review the information in these Policies and Procedures carefully. Should an Affiliate have any questions regarding a policy or rule, the Affiliate is encouraged to seek an answer from TicketGuard, LLC.

1.4 Changes, Amendments, and Modifications
A. Because federal, state, and local laws, as well as the business environment, periodically change, TicketGuard reserves the right to amend the Agreement and the price point in its TicketGuard Citation Protection Plan monthly subscription cost in its sole and absolute discretion. Notification of amendments shall be conveyed via TicketGuard email communication to affected Affiliates. This provision does NOT apply to the arbitration clause found in Section 13, which can only be modified via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
I. Posting on the official TicketGuard website;
II. Electronic mail (e-mail); or
III. In writing through the TicketGuard newsletters or other TicketGuard communication channels such as social media, or press release.

1.5 Delays
TicketGuard shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, payment processing difficulties, internet disruption, computer related disruption, business interruption, or government decrees or orders.

1.6 Effective Date
These Policies and Procedures shall become effective as of July 15, 2024.
2.0 BASIC PRINCIPLES
2.1 Becoming a TicketGuard Independent Affiliate Marketer
A. To become an Independent Affiliate Marketer, an applicant must comply with the following requirements:
I. Be of the age of majority (not a minor less than 18 years of age) in his or her state of residence;
II. Reside within and have a valid residential address in the United States or U.S. territory;
III. Have a valid taxpayer identification number (i.e., Social Security Number, or Federal Tax ID Number);
IV. Submit a properly completed and signed Independent Affiliate Marketer Agreement to TicketGuard and also properly enroll into the TicketGuard Affiliate Marketing program, submit required fees, or perform required duty for active enrollment.

2.2 New Independent Affiliate Marketer Registration
A. A potential new Affiliate may enroll via TicketGuard’s official website. In such event, instead of a physically signed Independent Affiliate Marketer Agreement, TicketGuard will accept the web-enrollment and Independent Affiliate Marketer Agreement by accepting the “electronic signature” stating the new Affiliate has accepted the Terms and Conditions of such Independent Affiliate Marketer Agreement. Please note that such Electronic Signature or clicking the Accept button constitutes a legally binding agreement between the Affiliate and TicketGuard.
B. TicketGuard reserves the right to require signed paperwork for any account, regardless of origin.
C. If requested the signed Independent Affiliate Marketer Agreement must be received by TicketGuard within fourteen (14) days of enrollment.
D. Signed documents, including, but not limited to, Affiliate personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Independent Affiliate Marketer Agreement.

2.3 Rights Granted
A. TicketGuard hereby grants to the Independent Affiliate Marketer a non-exclusive right, based upon the Terms and Conditions contained in the Independent Affiliate Marketer Agreement and these Policies and Procedures, to:
I. Promote, Market, Offer, Introduce to end consumers TicketGuard Citation Protection Plans; and
II. Register new Independent Affiliate Marketers in the United States and in countries where TicketGuard may become established after the effective date of these Policies and Procedures.

2.4 Identification Verification and Digital Marketing Link
A. Each Independent Affiliate Marketer is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to TicketGuard on the Independent Affiliate Marketer Agreement. TicketGuard reserves the right to withhold commission payments from any Affiliate who fails to provide such information or who provides false information.
B. Upon enrollment, TicketGuard will provide a digital Affiliate Marketing Link to the Independent Affiliate Marketer. This digital link shall be used to market TicketGuard Citation Protection Plan registrations, registration of new affiliate marketers.

2.5 Renewals and Expiration of the Independent Affiliate Marketer Agreement
A. If the Affiliate allows his or her Independent Affiliate Marketer Agreement to expire during the annual renewal period, the Affiliate will lose any and all rights to his, her or its residual commission payouts immediately following the expiration of the Agreement due to failure to renew. Affiliates are required to submit $19.95 affiliate registration 12-months from initial registration, this being a required once annual fee.

2.6 Business Entities
A. A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may apply to be a TicketGuard Independent Affiliate Marketer. This Independent Affiliate Marketer business and position will remain temporary until the proper documents are submitted. The Business Entity must submit one of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. TicketGuard must receive these documents within fourteen (14) days from the date the Independent Affiliate Marketer Agreement was signed.
B. A TicketGuard Independent Affiliate Marketer may change their status from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another.

2.7 Independent Business Relationship; Indemnification for Actions
A. The TicketGuard Affiliate Marketer is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate Marketer’s or Registration Agent’s success depends on his or her independent efforts.
B. The Agreement between TicketGuard and its Independent Affiliate Marketers does not create an employer/employee relationship, agency, partnership, or joint venture between TicketGuard and the Independent Affiliate Marketer.
C. A TicketGuard Independent Affiliate Marketer shall not be treated as an employee of TicketGuard for any purposes, including, without limitation, for federal or state tax purposes. All Independent Affiliate Marketers are responsible for paying local, state, and federal taxes due from all compensation earned as an Independent Affiliate Marketer of TicketGuard. Any other compensation received by Independent Affiliate Marketers from TicketGuard will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction).
The Affiliate has no express or implied authority to bind TicketGuard to any obligation or to make any commitments by or on behalf of TicketGuard. Each Independent Affiliate Marketer, whether acting as management of a Business Entity or represented as an individual, shall establish his or her own goals, hours, and methods of operation and marketing efforts, so long as he or she complies with the Terms of the Independent Affiliate Marketer Agreement, these Policies and Procedures and applicable State, Federal and Provincial laws.
D. The TicketGuard Independent Affiliate Marketer shall not misrepresent, make false statements, deceive any person regarding the presentation, solicitation, promotion of TicketGuard, LLC, or TicketGuard Citation Protection Plan hereby shall be fully responsible for all of his or her verbal and written communications made regarding TicketGuard Citation Protection Plans, and the TicketGuard Independent Affiliate Marketer Compensation Plan that are not expressly contained within official TicketGuard materials. Independent Affiliate Marketers shall indemnify and hold harmless TicketGuard, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by TicketGuard as a result of the Independent Affiliate Marketer’s unauthorized representations or actions. TicketGuard, LLC. Owner(s) reserve the right to pursue legal litigation against any registered affiliate marketer who violates this clause and as a result causes harm to TicketGuard, LLC. Reputation at large and or causes loss of revenue via Citation Protection Plan cancellation(s) or the hindering of Citation Protection Plan registration(s) due to actions and or representations made by any TicketGuard Affiliate Marketer. This Provision shall survive the termination of the TicketGuard Independent Affiliate Marketer Agreement.

2.8 Insurance
A. Business Pursuits Coverage. TicketGuard encourages Affiliates to arrange insurance coverage for their business. A homeowner’s insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. TicketGuard Independent Affiliate Marketers need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a “Business Pursuit” endorsement to an existing homeowner’s policy.

TicketGuard of his or her ongoing fulfillment of the responsibilities of an Independent Affiliate Marketer managing his or her own downline of registered Affiliates.
C. Upline Independent Affiliate Marketers are encouraged to motivate and train new Independent Affiliates about TicketGuard’s Citation Protection Plan coverage, effective marketing techniques, the TicketGuard Compensation Plan and compliance with company Policies and Procedures.
D. Marketing Citation Protection Plan coverage is a required activity in TicketGuard and must be emphasized in all recruiting presentations.
E. We emphasize and encourage all TicketGuard Independent Affiliate Marketers to market and encourage consumers to register TicketGuard Citation Protection Plan coverage.
F. Use of Sales Aids. To promote and effectively market both the Citation Protection Plan and the opportunity TicketGuard offers, Independent Affiliate Marketers must use the sales aids and support materials produced by TicketGuard. If TicketGuard Affiliates develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding Affiliate Marketers’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the TicketGuard business. These violations, although they may be relatively few in numbers, could jeopardize the TicketGuard opportunity for all Affiliates. Accordingly, Independent Affiliate Marketers MAY NOT produce ANY written sales aids, promotional materials, advertisements, which include the TicketGuard Logo. Affiliate Marketers are authorized to ONLY USE approved marketing material provided by TicketGuard, LLC. All Independent Affiliate Marketers shall safeguard and promote the good reputation of TicketGuard and its Citation Protection Plan product. The marketing and promotion of TicketGuard, the TicketGuard opportunity, the Compensation Plan, and TicketGuard products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
A. TicketGuard desires to provide its independent Affiliate Marketers with a truly unique product and service and a competitive Compensation Plan. Accordingly, TicketGuard values constructive criticism and encourages the submission of written comments addressed to TicketGuard Affiliate Marketer department.
B. Negative and disparaging comments about TicketGuard, its product or Compensation Plan, by Independent Affiliate Marketers to TicketGuard, in the Field or at TicketGuard meetings or events, or disruptive behavior at TicketGuard meetings or events, serve no purpose other than to dampen the enthusiasm of other TicketGuard Independent Affiliate Marketers. TicketGuard Independent Affiliate Marketers must not belittle TicketGuard, other TicketGuard Affiliates, TicketGuard products or services, the Compensation Plan, or TicketGuard directors, officers, or employees. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by TicketGuard not to exclude termination of the applicable Independent Affiliate Marketer Agreement.
C. TicketGuard endorses the following code of ethics:
I. A TicketGuard Independent Affiliate Marketer must show fairness, tolerance, and respect to all people associated with TicketGuard, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit.
II. An Affiliate shall strive to resolve business issues, including situations with upline and downline Affiliate Marketers, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
III. TicketGuard Independent Affiliate Marketers must be honest, responsible, professional and conduct themselves with integrity.
IV.
TicketGuard Independent Affiliate Marketers shall not make disparaging statements about TicketGuard, other Independent Affiliates, TicketGuard employees, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.

D.
TicketGuard may take appropriate action against an Independent Affiliate Marketer if it determines, in its sole discretion, that an Affiliate’s conduct is detrimental, disruptive, or injurious to TicketGuard or to other TicketGuard Affiliates.



3.4 Reporting Policy Violation
A. An Independent Affiliate Marketer who observes a policy violation by another Independent Affiliate Marketer should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the TicketGuard Corporate office. The letter shall set forth the details of the incident as follows:
I. The nature of the violation;
II. Specific facts to support the allegations;
III. Dates;
IV.
Number of occurrences;

V.
Persons involved; and


VI.
Supporting documentation

B.
Once the matter has been presented to TicketGuard, it will be researched thoroughly by the Compliance department and appropriate action will be taken if required.

C.
This section refers to the general reporting of Policy violations as observed by other Independent Affiliate Marketers for the mutual effort to support, protect, and defend the integrity of the TicketGuard business and opportunity. If an Affiliate has a grievance or complaint against another Affiliate which directly relates to his or her TicketGuard business, the Procedures set forth in these Policies must be followed.



3.5 Sponsorship
A. The Sponsor is the person who introduces an Independent Affiliate Marketer or Customer to TicketGuard, helps them complete their enrollment, and supports and trains those in their downline.
B. TicketGuard requires that Independent Affiliate Marketers who actually encourage and successfully register any other person to register a TicketGuard Citation Protection Plan or either register as an Independent Affiliate Marketer must utilize the provided TicketGuard Affiliate Identification Link and request that the individual(s) register via the link in order to be attributed the registration(s).
I. Physically signed TicketGuard Independent Affiliate Marketer Agreement on file; or
II.
Electronically signed Independent Affiliate Marketer Agreement from the official TicketGuard website at www.ticketguardusa.com.

C.
An Independent Affiliate Marketer Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e., Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by TicketGuard.

D.
TicketGuard recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but TicketGuard will not allow Independent Affiliate Marketers to engage in unethical sponsoring activities.

E.
All active Affiliates in good standing have the right to Sponsor and enroll others into


TicketGuard. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Independent Affiliate Marketer will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Independent Affiliate Marketer who presented a comprehensive introduction to TicketGuard’s product or business opportunity.
F. A Protected Prospect is a guest of any TicketGuard Independent Affiliate Marketer or Customer who attended a TicketGuard event or conference call. For sixty (60) days following the event, a Protected Prospect cannot be solicited or sponsored by any other TicketGuard Independent Affiliate Marketer who attended the same event. A TicketGuard event can be defined as the following:
I. Any TicketGuard training session;
II. Conference call;
III. Fly-in meeting; or
IV. Presentation, including but not limited to a TicketGuard at home presentation, whether sponsored by TicketGuard, an Independent Affiliate Marketer, a Customer, or an agent or agency designated by TicketGuard.

3.6 Cross Sponsoring Prohibition
A. “Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Independent Affiliate Marketer Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by TicketGuard, sanctions up to and including termination of an Independent Affiliate Marketer Agreement may be imposed.
B. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this Policy is not permitted.
B. This Policy does not prohibit the transfer of a TicketGuard business in accordance with TicketGuard Sale or Transfer Policy set forth in these Policies.

3.7 Adherence to the TicketGuard Compensation Plan
A. An Independent Affiliate Marketer must adhere to the Terms of the TicketGuard Compensation Plan as set forth in these Policies and Procedures. Deviation from the Compensation Plan is prohibited.
B. An Independent Affiliate Marketer shall not offer the TicketGuard opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official TicketGuard literature or other official communication.
C. An Affiliate shall not require or encourage a current or prospective Customer or Independent Affiliate Marketer to participate in TicketGuard in any manner that varies from the Compensation Plan as set forth in official TicketGuard literature. Purchase of product is not required to become a TicketGuard Independent Affiliate Marketer.
D. An Affiliate shall not require or encourage a current or prospective Customer or Affiliate to make a purchase from or payment to any individual or other entity as a condition to participating in the TicketGuard Compensation Plan, other than such purchases or payments required to naturally build their business.

3.8 Adherence to Laws and Ordinances
A. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Independent Affiliate Marketers because of the nature of the business. However, Affiliates must check their local laws and obey the laws that do apply to them.
B. A TicketGuard Independent Affiliate Marketer shall comply with all federal, state, and local laws and regulations in their conduct of his or her TicketGuard business and marketing efforts.

3.9 Compliance with Applicable Income Tax Laws
A. TicketGuard will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Affiliate whose earnings for the year is at least $500, or who received trips, prizes or awards valued at $500 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Independent Affiliate Marketer, and a minimum charge of $20 may be assessed by TicketGuard, LLC.
B. An Independent Affiliate Marketer accepts sole responsibility for and agrees to pay all federal, state, and local taxes on any income generated as an independent Affiliate Marketer, and further agrees to indemnify TicketGuard from any failure to pay such tax amounts when due.
C. If an Affiliate’s business is tax exempt, the Federal Tax Identification number must be provided to TicketGuard in writing.
D. TicketGuard encourages all Independent Affiliate Marketers to consult with a tax advisor for additional information for their business and earnings.

3.10 One TicketGuard Business Per Independent Affiliate Marketer
An Independent Affiliate Marketer may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) TicketGuard business. No individual may have, operate or receive compensation from more than one TicketGuard businesses. Individuals of the same family unit may each enter into or have an interest in their own separate TicketGuard businesses, only if each subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as Spouses and dependent children living at or doing business at the same address.

3.11 Actions of Household Members or Affiliated Parties
If any member of an Affiliate’s immediate household engages in any activity which, if performed by the Independent Affiliate Marketer, would violate any provision of the Agreement, such activity will be deemed a violation by the Affiliate and TicketGuard may take disciplinary action pursuant to these Policies and Procedures against the Independent Affiliate Marketer. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and TicketGuard may take disciplinary action against the Business Entity. Likewise, if an Independent Affiliate Marketer enrolls in TicketGuard as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement.

3.12 No Violation of Previous Agreement
You agree that you are not currently in material breach of, and will not during the term of this Agreement be in material breach of, any other contract, obligation, or covenant that would affect your ability to perform hereunder, and as a result of entering into this Agreement, will not materially breach any contract, obligation or covenant (such as a covenant not to compete located in a prior agreement).

3.13 Solicitation for Other Companies or Products
A. A TicketGuard Independent Affiliate Marketer may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, a TicketGuard Independent Affiliate Marketer may not recruit any TicketGuard Independent Affiliate Marketer or Customer for any other direct sales or network marketing business, unless that Affiliate or Customer was personally sponsored by such Independent Affiliate Marketer.
B. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Independent Affiliate Marketer or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Independent Affiliate Marketers actions are in response to an inquiry made by another Independent Affiliate Marketer or Customer.
C. During the term of this Agreement and for a period of six (6) months thereafter, any TicketGuard Independent Affiliate Marketer must not sell, or entice others to sell, any competing product(s) or service(s), including training materials, to TicketGuard Customers or Independent Affiliate Marketers. Any product or service in the same category as a TicketGuard product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas, and beauty salons).
D. However, a TicketGuard Independent Affiliate Marketer may sell non-competing products or services to TicketGuard Customers and TicketGuard Independent Affiliate Marketers that they personally sponsored.
E. A TicketGuard Independent Affiliate Marketer may not display or bundle TicketGuard products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Independent Affiliate into believing there is a relationship between the TicketGuard and non-TicketGuard products and services.
F. A TicketGuard Independent Affiliate Marketer may not offer any non-TicketGuard opportunity, products or services at any TicketGuard related meeting, seminar or convention, or immediately following a TicketGuard event.
G. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between TicketGuard and its Independent Affiliate Marketers and would inflict irreparable harm on TicketGuard. In such event, TicketGuard may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Independent Affiliate Marketer(s) or such Independent Affiliate Marketer Agreement including termination, or seek immediate injunctive relief without the necessity of posting a bond.

3.14 Presentation of the TicketGuard Opportunity
A. In presenting the TicketGuard opportunity and product(s) to potential Customers and Independent Affiliate Marketer, the presenting Affiliate is required to comply with the following provisions:
I. An Independent Affiliate Marketer shall not misquote or omit any significant material fact about the TicketGuard Independent Affiliate Marketer Compensation Plan.
II. An Affiliate shall make it clear that the Compensation Plan is based upon registrations of TicketGuard Citation Protection Plan and upon the sponsoring of other Independent Affiliate Marketers.
III. A presenting Independent Affiliate Marketer shall make it clear that success can be achieved only through substantial independent efforts.
IV.
A TicketGuard Independent Affiliate Marketer shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the TicketGuard opportunity or Compensation Plan to prospective Independent Affiliate Marketers or Customers.

V.
An Affiliate may not make any claims regarding TicketGuard Citation Protection Plan coverage offered by TicketGuard, except those contained in official TicketGuard literature.


VI. An Independent Affiliate Marketer may not use official TicketGuard material to promote the TicketGuard business opportunity in any country where TicketGuard has not established a “presence.”
VII. In an effort to conduct best business practices, TicketGuard will make available upon written request to any Independent Affiliate Marketer a copy(s) of their TicketGuard earnings in order to present to prospective Independent Affiliate Marketer(s) or Customer(s) regarding actual potential earnings as a TicketGuard Independent Affiliate Marketer. The TicketGuard earnings statement is designed to convey truthful, timely, and comprehensive information regarding the income that TicketGuard Independent Affiliate Marketer(s) earn. In order to accomplish this objective, a copy of the earnings statement may be presented to all prospective Affiliates or Customers. A copy of the earnings statement may be presented to a prospective Affiliate Marketer anytime the TicketGuard Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. 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 Independent Affiliate Marketer earned over a million dollars last year” or “Our average ranking Affiliate makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Independent Affiliate Marketer is ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”

3.15 Sales Requirements Are Governed by the Compensation Plan
A. There are no exclusive territories granted to anyone. No franchise fees are applicable to a TicketGuard business.
B. The TicketGuard program is built on registration subscriptions to the ultimate end-consumer. TicketGuard does not require its Independent Affiliate Marketers to register a TicketGuard Citation Protection Plan at the time of Affiliate registration in order to certify to prospective Customers or Independent Affiliate Marketers that they also have Citation Protection Plan coverage as they are also encouraging the prospect to also register Citation Protection Plan coverage.
C. TicketGuard emphasizes that Independent Affiliate Marketers must commit their marketing efforts to encouraging end-consumers to register TicketGuard Citation Protection Plan coverage which is TicketGuard’s primary product. TicketGuard Independent Affiliate Marketers are allowed to encourage individuals to also review the TicketGuard opportunity and consider registering as a TicketGuard Independent Affiliate Marketer in order to build a marketing force.
D. The TicketGuard Compensation Plan is intended to encourage registration of TicketGuard Citation Protection Plan only. Affiliates should not dedicate themselves to solely registering new Affiliates in order to take advantage of the referral compensation payout(s).
4.0 CITATION PROTECTION PLAN REGISTRATIONS
4.1 General Registration Policies
A. “Bonus Registrations” is strictly and absolutely prohibited. Bonus Registration includes; (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Affiliates or Customers (“phantoms”); (d) registering TicketGuard Citation Protection Plans on behalf of another Affiliate or Customer, or under another Independent Affiliate Marketer’s or Customer’s ID number, to qualify for commissions or bonuses; (e) 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. An Affiliate shall not use another Affiliate’s or Customer’s credit card or debit checking account to enroll in TicketGuard or register TicketGuard Citation Protection Plan coverage without the account holder’s written permission. Such documentation must be kept by the Affiliate indefinitely in case TicketGuard needs to reference this.
B. Regarding a registration with an invalid or incorrect payment, TicketGuard will attempt to contact the Affiliate or Customer by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after five (5) business days, the registration will be canceled.
C. If an Affiliate wants to move an order to another Affiliate’s position, he or she must have prior authorization, of all parties involved. TicketGuard will charge the Affiliate Marketer a $20 fee for processing.
D. TicketGuard Citation Protection Plan coverage monthly subscription cost are subject to change without notice as well as modification(s) to the TicketGuard Independent Affiliate Marketer Compensation Plan may be instituted without notice. TicketGuard reserves to right to apply any changes or modifications to the Compensation Plan that may or may not be applicable to already existing TicketGuard Independent Affiliate Marketers registered before such change(s) or modification(s).

4.3 Tax Obligation
A. TicketGuard encourages each Independent Affiliate Marketer to consult with a tax advisor for additional information for his or her business as it would relate to income reporting statutes. .
5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
A. An Independent Affiliate Marketer must be active and in compliance with TicketGuard Policies and Procedures to qualify for bonuses, commissions, or residual earnings. So long as an Affiliate complies with the current Terms of the Agreement, TicketGuard shall pay commissions to such Independent Affiliate Marketer in accordance with the current TicketGuard Compensation Plan as it relates to individuals registered into the Network Marketing component of the TicketGuard Independent Affiliate Marketer sales program.
B. TicketGuard will not issue a payment to an Independent Affiliate Marketer without the receipt of a completed and signed TicketGuard Independent Affiliate Marketer Agreement or Electronic Authorization.
C. TicketGuard reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.

5.2 Computation of Commissions and Discrepancies
A. In order to qualify to receive commissions and bonuses, a TicketGuard Independent Affiliate Marketer must be in good standing and comply with the Terms of the Agreement and these Policies and Procedures. TicketGuard Citation Protection Plan monthly subscriptions are calculated each thirty (30) calendar days and commission residual is paid to applicable affiliate within 72-hours of full calculation process and monthly subscription fees received and process. Affiliate will not receive commission residual payout from Citation Protection Plans registered by affiliate and the plan holder has failed to pay the current due monthly subscription fee. Affiliate referral bonuses are calculated each 7 calendar days and paid to applicable affiliate the seventh calendar day.
B. A TicketGuard Independent Affiliate Marketer must review his or her monthly statement and bonus/commission reports promptly and report any discrepancies within ten (10) business days of receipt. After the 10-day “grace period” no additional requests will be considered for commission recalculations.
C. For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products or Affiliate Marketer Memberships.
A. An Independent Affiliate Marketer receives bonuses and commissions based on the actual sales of TicketGuard Citation Protection Plan(s) to end consumers and successful registration of new Independent Affiliate Marketers into TicketGuard. When a TicketGuard Citation Protection Plan or Independent Affiliate Marketer registration is cancelled within 72 hours of registration and TicketGuard is warranted to refund received funds related to the applicable registration of product by any end consumer or Affiliate opportunity, the bonuses and commissions attributable to the registration(s) will be deducted from the Independent Affiliate Marketer who received bonuses or commissions on such sale(s) and or Affiliate registration(s). Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
B. In the event that a Affiliate Marketer terminates his or her Affiliate Marketership, and the amounts of the bonuses or commissions attributable to the refunded registration(s) have not yet been fully recovered by TicketGuard, the remainder of the outstanding balance may be offset against any other amounts that may be owed by TicketGuard to the terminated Independent Affiliate Marketer.
6.0 Cancellation Policy and Process
TicketGuard allows end consumers as well as any registered Independent Affiliate Marketer to cancel Citation Protection Plan coverage and or Independent Affiliate Marketer participation at any time without any further obligation or penalty. (i)TicketGuard requires that any consumer or affiliate return to www.MyTicketGuard.com and cancel coverage or participation. (ii) TicketGuard requires that you also contact Stripe payment processing and notify them that you wish to cancel the recurring monthly payment option against your supplied credit or debit account as it pertains to TicketGuard as all payments for plan coverage and Affiliate registration payments are performed by Stripe on behalf of TicketGuard, LLC. (iii) In the event TicketGuard processed your payment via another payment processor TicketGuard will effectively cancel any further payment for product or Affiliate participation. For any further questions or concerns regarding cancellation of any TicketGuard Citation Protection Plan or Independent Affiliate Marketer participation please contact TicketGuard Corporate via email or telephone.

7.0 PRIVACY POLICY
7.1 Introduction
This Privacy Policy is to ensure that all Customers and Independent Affiliate Marketers understand and adhere to the basic principles of confidentiality.

7.2 Expectation of Privacy
A. TicketGuard recognizes and respects the importance its Customers and Affiliates place on the privacy of their financial and personal information. TicketGuard will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’ and Affiliates financial and account information and nonpublic personal information.
B. By entering into the Independent Affiliate Marketer Agreement, an Affiliate authorizes TicketGuard to disclose his or her name and contact information to upline Independent Affiliate Marketers solely for activities related to the furtherance of the TicketGuard business. An Affiliate hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her downline organization and conducting the TicketGuard business.

7.3 Employee Access to Information
TicketGuard limits the number of employees who have access to Customer’s and Independent Affiliate Marketers nonpublic personal information.

7.4 Restrictions on the Disclosure of Account Information
A. TicketGuard will not share non-public personal information or financial information about current or former Customers or Affiliates’ with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Affiliates’ interests or to enforce its rights or obligations under these Policies and Procedures, or Independent Affiliate Marketer Agreement or with written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
A. By completing and signing the TicketGuard Independent Affiliate Marketer Agreement, the acknowledges that Business Reports, lists of Customer and Independent Affiliate Marketer names and contact information and any other information, which contain financial, or other information both written or otherwise circulated by TicketGuard pertaining to the business of TicketGuard (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to TicketGuard.

8.2 Obligation of Confidentiality
A. During the Term of the TicketGuard Independent Affiliate Marketer Agreement and for a period of five (5) years after the termination or expiration of the Agreement between the Independent Affiliate Marketer and TicketGuard, the Affiliate shall not:
I. Use the information in the Reports to compete with TicketGuard or for any purpose other than promoting his or her TicketGuard business;
II. Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.

8.3 Breach and Remedies
A. The Affiliate acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to TicketGuard and to independent TicketGuard businesses. TicketGuard and its Independent Affiliate Marketers will be entitled to injunctive relief or to recover damages against any Affiliate who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs, and expenses.

8.4 Return of Materials
A. Upon demand by TicketGuard, any current or former Affiliate Marketer will return the original and all copies of all “Reports” to TicketGuard together with any TicketGuard confidential information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Outside Marketing, Convention/EXPO, Commercial Partners
A. An Independent Affiliate Marketer may promote, market and register TicketGuard Citation Protection Plans and display the TicketGuard trade name at any appropriate display booth (such as car races, festivals, expos) upon prior written approval from TicketGuard.
B. TicketGuard reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its product, or the TicketGuard opportunity.
C. TicketGuard Independent Affiliate Marketers are allowed to promote, market, and register Citation Protection Plan coverage as well as the TicketGuard opportunity anywhere there are large mass of consumers such as festivals, expos, car races, malls, football games, high school booster clubs, college/university campuses, car shows, church organizations etc…
D. TicketGuard allows Affiliates to partner with entities such as local car insurers, new/used car dealerships, tire retailers, booster clubs, organizations, gas retailers, and so on… in order to establish registration of TicketGuard Citation Protection Plan, these channels should not be used specifically to attract and register new affiliate marketers although Affiliates are allowed to present the affiliate marketer opportunity to interested individuals. The primary goal should be the registration of TicketGuard Citation Protection Plans. .

9.2 Use of Company Names and Protected Materials
A. A TicketGuard Affiliate must safeguard and promote the good reputation of TicketGuard and the Citation Protection Plan coverage product it markets. The marketing and promotion of TicketGuard, the TicketGuard opportunity, the Compensation Plan, and TicketGuard product will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
B. All promotional materials supplied or created by TicketGuard must be used in their original form and cannot be changed, amended or altered except with prior written approval from the TicketGuard Compliance department or ownership.
C. The name of TicketGuard, its product name (Citation Protection Plan) in connection with its business are proprietary trade names, trademarks and service marks of TicketGuard. As such, these marks are of great value to TicketGuard and are supplied to Independent Affiliate Marketers for their use only in an expressly authorized manner.
D. A TicketGuard Affiliate’s use of the name or logo “TicketGuard” is restricted to protect TicketGuard proprietary rights, ensuring that the TicketGuard protected name/logo will not be lost or compromised by unauthorized use. Use of the TicketGuard name logo/ is prohibited except as follows:
I. [Affiliate’s name] TicketGuard Independent Affiliate Marketer.
II.
[Affiliate’s name] Independent TicketGuard Affiliate.

E.
Further procedures relating to the use of the TicketGuard name/logo are as follows:

I.
All stationary (i.e., letterhead, envelopes, and business cards) bearing the TicketGuard name or logo intended for use by the Affiliate must be approved in writing by the TicketGuard Compliance department.

II.
TicketGuard Affiliate’s may list “Independent TicketGuard Affiliate in the white pages of the telephone directory under his or her own name.


III.
TicketGuard Affiliate’s may not use the name TicketGuard or TicketGuard in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may state, “Independent TicketGuard Affiliate.”

F.
Certain photos and graphic images used presently or in the future by TicketGuard in its advertising, packaging, and websites may be the result of paid contracts with outside vendors that do not extend to TicketGuard Affiliate’s. If an Affiliate wants to use these photos or graphic images, they may be required to negotiate individual contracts with the vendors for a fee. However, any photos and graphic images utilized by TicketGuard that or not of contractual obligation(s) or use of work tenet(s) Affiliates are authorized to use such images or graphics within the parameters of this Agreement.

G.
A TicketGuard Affiliate shall not appear on or make use of television or radio, or make use of any other media to promote or discuss TicketGuard or its Citation Protection Plan coverage product without prior written permission from the TicketGuard Compliance department.

H.
An Affiliate may not produce for sale or distribution any Company event or speech, nor may an Affiliate reproduce TicketGuard audio or video clips for sale or for personal use without prior written permission from the TicketGuard Compliance department.

I.
TicketGuard reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected TicketGuard Affiliate.

J.
An Affiliate shall not promote non-TicketGuard products or services in conjunction with TicketGuard Citation Protection Plans on the same websites or same advertisement without prior approval from TicketGuard Compliance.



9.3 E-mail – Limitations
A. Except as provided in this section, a TicketGuard Affiliate may not use or transmit unsolicited email, mass email distribution, or “spamming” that advertises or promotes the operation of his or her TicketGuard business. The exceptions are:
I. E-mailing any person who has given prior permission or invitation;
II.
E-mailing any person with whom the Affiliate has established a prior business or personal relationship.

B.
In all states or territories where prohibited by law, a TicketGuard Independent Affiliate Marketer may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.

C.
All e-mail or computer broadcasted documents subject to this provision shall include each of the following:

I.
A clear and obvious identification that the e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;

II.
A clear return path or routing information;


III. The use of legal and proper domain name;
IV.
A clear and obvious notice of the opportunity to decline to receive further commercial e-mail messages from the sender;

V.
Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;


VI. The true and correct name of the sender, valid senders e-mail address, and a valid sender physical address;
VII. The date and time of the transmission;
VIII.
Upon notification by recipient of his or her request not to receive further e-mailed documents, a TicketGuard Affiliate shall not transmit any further documents to that recipient.

D.
All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:

I.
Use of any third-party domain name without permission;


II. Sexually explicit materials.

9.4 Internet and Third-Party Website Restrictions
A. A TicketGuard Affiliate may not use or attempt to register any of TicketGuard trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
B. A TicketGuard Independent Affiliate Marketer may not sell TicketGuard Citation Protection Plans or offer the TicketGuard Business Opportunity using “online auctions,” such as eBay®.
C. TicketGuard Citation Protection Plans may not be displayed with other products or services.
Use of Social Media for Purpose of Promotion & Marketing of TicketGuard
D. Social media sites may be used to register or offer the TicketGuard Opportunity to Customers and or Affiliate Prospects. PROFILES A TICKETGUARD AFFILIATE GENERATES IN ANY SOCIAL COMMUNITY WHERE TICKETGUARD CITATION PROTECTION PLANS OR THE TICKETGUARD BUSINESS OPPORTUNITY IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY THE AFFILIATE AS A TICKETGUARD INDEPENDENT AFFILIATE MARKETER, and when an Affiliate participates in those communities, TicketGuard Affiliates must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory, or vulgar content. The determination of what is inappropriate is at the sole discretion of TicketGuard, and offending TicketGuard Affiliates will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the TicketGuard approved library and be produced only by TicketGuard. If a link is provided, it must be the official TicketGuard Affiliate ID link supplied at registration.
E. Anonymous postings or use of an alias on any Social Media site is prohibited, and offending Affiliates will be subject to disciplinary action.
F. TicketGuard Affiliates may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments TicketGuard Affiliates create or leave must be useful, unique, relevant, and specific to the blog’s article.
G. TicketGuard Affiliates must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent Affiliate Marketer for TicketGuard. Anonymous postings or use of an alias is prohibited.
H. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the TicketGuard income opportunity, TicketGuard’s Citation Protection Plan coverage product, and/or your biographical information and credentials.
I. TicketGuard Affiliates are personally responsible for their postings and all other online activity that relates to TicketGuard. Therefore, even if an Affiliate does not own or operate a blog or Social Media site, if an Affiliate posts to any such site that relates to TicketGuard or which can be traced to TicketGuard, the Affiliate is responsible for the posting. Affiliates’ are also responsible for postings which occur on any blog or Social Media site that the TicketGuard Affiliate owns, operates, or controls.
J. As a TicketGuard Affiliate, it is important to not converse with any person who places a negative post against you, other TicketGuard Affiliates, or TicketGuard. Report negative posts to TicketGuard at support@ticketguardusa.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as TicketGuard, and therefore damages the reputation and goodwill of TicketGuard.
K. The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, TicketGuard therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that TicketGuard Affiliate’s using, or who wish to use, such sites adhere to the TicketGuard policies relating to third-party websites.
L. If your TicketGuard business is canceled for any reason, you must discontinue using the TicketGuard name, and all TicketGuard trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent TicketGuard Affiliate Marketer, you must conspicuously disclose that you are no longer an TicketGuard Independent Affiliate Marketer.
M. Failure to comply with these Policies for conducting business online may result in the TicketGuard Independent Affiliate Marketer losing their right to advertise and market TicketGuard Citation Protection Plans and TicketGuard’s business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.

9.5 Advertising and Promotional Materials
A. You may not advertise any TicketGuard Citation Protection Plan product at a price LESS than the highest company published, established monthly premium price of indicated plan product. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, or other such offers that grant advantages beyond those available through the Company or offered by the Company during an official promotional campaign.
B. Advertising and all forms of communications must adhere to principles of honesty and propriety.
C. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the TicketGuard Compliance department.
D. All requests for approvals with respect to advertising must be directed in writing to the TicketGuard Compliance department.
E. Blind ads are not permitted.

9.6 Testimonial Permission
A. By signing the TicketGuard Independent Affiliate Marketer Agreement, an Affiliate gives TicketGuard permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the TicketGuard Business Opportunity, a TicketGuard Affiliate waives any right to be compensated for the use of his or her testimonial or image and likeness even though TicketGuard may be paid for or even ultimately earn revenue as a result of items or sales materials containing such image and likeness. In some cases, an Affiliate’s testimonial may appear in another Affiliate’s advertising materials.
9.7 Telemarketing – Limitations
A. TicketGuard Independent Affiliate Marketers must not engage in telemarketing in relation to the operation of the Affiliates TicketGuard business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the registration of TicketGuard Citation Protection Plans, or to recruit them for the TicketGuard opportunity.
B. The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both Federal agencies, as well as a number of States have “do not call” regulations as part of their telemarketing laws.
C. While a TicketGuard Affiliate may not consider himself or herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the Federal “Do Not Call” registry could cause the TicketGuard Affiliate to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
D. “Cold calls” or “state-to-state calls” made to prospective Customers, or Affiliates that promote either TicketGuard Citation Protection Plans or the TicketGuard opportunity is considered telemarketing and is prohibited.
E. Exceptions to Telemarketing Regulations A TicketGuard Independent Affiliate Marketer may place telephone calls to prospective Customers, or Affiliate Marketers under the following limited situations:
I. If the Affiliate has an established business relationship with the prospect;
II. In response to the prospect’s personal inquiry or registration regarding TicketGuard Citation Protection Plans or the TicketGuard Opportunity offered by the TicketGuard Affiliate, within three (3) months immediately before the date of such a call;
III. If the TicketGuard Affiliate receives written and signed permission from the prospect authorizing the Affiliate to call;
IV.
If the call is to family members, personal friends, and acquaintances. However, if a TicketGuard Affiliate makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption;

V.
TicketGuard Independent Affiliate Marketers engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.

F.
TicketGuard Affiliates shall not use automatic telephone dialing systems in the operation of his or her TicketGuard businesses.

G.
Failure to abide by TicketGuard policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Agreement, up to and including termination of the TicketGuard Independent Affiliate Marketer Agreement.

H.
By signing the Agreement, or by accepting commission checks, other payments or awards from TicketGuard, an Affiliate gives permission to TicketGuard and other TicketGuard Affiliates to contact them as permitted under the Federal Do Not Call regulations.

I.
In the event an Affiliate violates this section, TicketGuard reserves the right to institute legal proceedings to obtain monetary or equitable relief.


10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
A. A TicketGuard Independent Affiliate Marketer is authorized to promote, market, and register TicketGuard Citation Protection Plans and the TicketGuard Opportunity, to Customers and Affiliates only in the countries in which TicketGuard is authorized to conduct business, according to the Policies and Procedures of each country. TicketGuard Affiliates may not promote, market, or register TicketGuard Citation Protection Plans or the TicketGuard Opportunity in any country where TicketGuard operations have not received applicable government authorization or approval.
B. A TicketGuard Affiliate may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Customers, or Affiliate Marketers, nor conduct any other activity for the purpose of registering TicketGuard Citation Protection Plans or Independent Affiliate Marketers and the promoting of the TicketGuard Opportunity.
C. TicketGuard, LLC. allows residents/citizens who reside in countries outside the United States and its territories to enroll as Affiliate Marketers. TicketGuard, LLC. allows residents/citizens of countries outside the United States and its territories to only market TicketGuard Citation Protection Plan coverage to resident licensed drivers of the United States and its territories and resident licensed drivers of countries that TicketGuard, LLC. offers its Citation Protection Plan coverage to.
11.0 CHANGES TO A AFFILIATE MARKETER BUSINESS
11.1 Modification of the Affiliate Marketer Agreement
A. A TicketGuard Affiliate may modify his or her existing Agreement (i.e., change a social security number to a Federal ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the TicketGuard Affiliate) by submitting a written request, accompanied by a new TicketGuard Independent Affiliate Marketer Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
11.2 Change Sponsor or Placement for Active Independent Affiliate Marketers
A. Maintaining the integrity of the organizational structure is mandatory for the success of TicketGuard and our Independent Affiliate Marketers. As such, under exceptional circumstances at the discretion of the Company, a request to change placement may only be made within the first three (3) days of initial enrollment as a TicketGuard Affiliate. Furthermore, such changes may only occur within the same organization.
B. Sponsors may make “Placement changes” from one Affiliate to another for personally Sponsored (frontline) Affiliates during the first three (3) days of enrollment.
C. New TicketGuard Affiliates or their original Sponsor may request a change of Sponsor or Placement within the first three (3) days of enrollment for the purpose of structuring an organization. The new Agreement must be received within the calendar month for commission calculations to be effective with the requested change.
D. To change or correct the Sponsor, an Affiliate must comply with the following procedures:
I. Submit a Sponsor Placement Transfer request in writing to TicketGuard Corporate;
II. Submit a TicketGuard Independent Affiliate Marketer Agreement showing the correct Sponsor and Placement, and any appropriate supporting documentation;
III.
The Agreement must be a new, completed document bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first Agreement.

E.
Upon approval, the Affiliates downline, if any, will transfer with the Affiliate.

F.
If one transfer has already been made a $20 fee will be assessed for the second and for each transfer thereafter.

G.
After the first three (3) days from initial enrollment, TicketGuard will honor the Sponsor/Placement as shown:

I.
On the most recently signed TicketGuard Independent Affiliate Marketer Agreement on file; or


II.
Self-enrolled on the website (i.e., electronically signed Web Agreement).

H.
TicketGuard retains the right to approve or deny any requests to change Sponsor or Placement and to correct any errors related thereto at any time and in whatever manner it deems necessary.


11.3 Change Sponsor or Placement for Inactive Affiliate Marketers
A. At the discretion of TicketGuard, Affiliates who have not tendered a letter of resignation, are eligible to re-enroll in TicketGuard under the Sponsor/Placement of their choice.
B. Upon written notice to TicketGuard that a former Independent Affiliate Marketer wishes to re-enroll, TicketGuard will “compress” (close) the original account. A new TicketGuard Affiliate ID number will then be issued to the former Affiliate.
C. Such TicketGuard Affiliate does not retain former rank, downline, or rights to commission/residual checks from his or her former organizations.
D. TicketGuard reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
11.4 Change Organizations
A. If a TicketGuard Affiliate wishes to transfer organizations, he or she must submit a letter of resignation to the TicketGuard Affiliate Services department and remain inactive (register no Citation Protection Plans, or sponsor/register any TicketGuard Affiliates) with or in TicketGuard for six (6) months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
B. TicketGuard retains the right to approve or deny any request to re-enroll after a Affiliate Marketer’s resignation.
C. If re-enrollment is approved, the former TicketGuard Affiliate will be issued a new TicketGuard Affiliate ID number and will be required to submit a new Independent Affiliate Marketer Agreement. The Affiliate will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
D. Transfers may not be done outside of the original organization.
11.5 Unethical Sponsoring
A. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Affiliate from another TicketGuard Affiliate or influencing another TicketGuard Affiliate to transfer to a different sponsor.
B. Allegations of unethical sponsoring must be reported in writing to the TicketGuard Compliance department within the first 90 days of enrollment. If the reports are substantiated, TicketGuard may transfer the Affiliate or the Affiliate’s downline to another sponsor, Placement or organization without approval from the current up-line Affiliate or Placement Affiliates. TicketGuard remains the final authority in such cases.
C. TicketGuard prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the TicketGuard 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/Affiliate places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning/residual(s). Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent affiliate positions of all individuals and/or entities found to be directly involved.
D. Should TicketGuard Affiliates engage in solicitation and/or enticement of members of another direct sales company to promote or market TicketGuard Citation Protection Plans or actively recruit affiliate prospects, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a TicketGuard Affiliate alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers, TicketGuard will not pay any of the TicketGuard Affiliate’s defense costs or legal fees, nor will TicketGuard indemnify the Affiliate Marketer for any judgment, award, or settlement.
11.6 Sell, Assign, or Delegate Ownership
A. In order to preserve the integrity of the hierarchical structure, it is necessary for TicketGuard to place restrictions on the transfer, assignment, or sale of a TicketGuard Business and or Agreement.
B. A TicketGuard Independent Affiliate Marketer may not sell or assign his or her rights or delegate his or her position as a TicketGuard Affiliate without prior written approval by TicketGuard, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of TicketGuard.
C. Should the sale be approved by TicketGuard, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
D. To request corporate authorization for a sale or transfer of a TicketGuard Independent Affiliate Marketer Business and Agreement, the following items must be submitted to the TicketGuard Compliance department;
I. A Sale/Transfer of TicketGuard Independent Affiliate Marketer Business Agreement outlining the terms of the sale/transfer in accordance with TicketGuard policy, with the requisite signatures.
II. A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. A TicketGuard Independent Affiliate Marketer Agreement completed and signed by the Buyer;
IV.
Payment of the $100 administration/transfer fee;

V.
Any additional supporting documentation requested by TicketGuard.

E.
Any debt obligations that either Seller or Buyer may have with TicketGuard must be satisfied prior to the approval of the sale or transfer by TicketGuard.

F.
A TicketGuard Affiliate who sells his or her TicketGuard Business is not eligible to re-enroll as a TicketGuard Affiliate in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.


11.7 Separating a TicketGuard Business
A. Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
I. One of the parties may, with the written consent of the other(s), operate the TicketGuard business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorize TicketGuard to deal directly and solely with the other Spouse, non-relinquishing shareholder, partner, member or trustee;
II.
The parties may continue to operate the TicketGuard business jointly on a “business as usual” basis, whereupon all compensation paid by TicketGuard will be paid in the name designated as the official TicketGuard Independent Affiliate Marketer or in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, TicketGuard will pay compensation to the name on record and in such event, the TicketGuard Affiliate named on the account shall indemnify TicketGuard from any claims from the other business owner(s) or the other Spouse with respect to such payment.

B.
TicketGuard recognizes only one Downline organization and will issue only one commission check per TicketGuard Independent Affiliate Marketer Business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will TicketGuard split commission, residual(s), incentive reward(s), bonus(s), compensation payout(s).

C.
If a relinquishing Spouse, partner or owner of the business has completely relinquished (“Relinquishing Party”), in writing, all rights to the original TicketGuard Affiliate business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any TicketGuard Affiliate or active Customer in the former organization, and must develop a new


business in the same manner as any other new TicketGuard Independent Affiliate Marketer. A TicketGuard Affiliate in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 13.5.
11.8 Succession
A. Upon the death or incapacity of a TicketGuard Affiliate, the Affiliate’s marketing business may be passed on to his or her legal successors in interest (successor). Whenever a TicketGuard Affiliate business is transferred by will or other testamentary process, the successor acquires the right to collect all residuals and commissions of the deceased Affiliate’s sales organization. The successor must:
I. Complete and sign a new TicketGuard Independent Affiliate Marketer Agreement;
II. Comply with the Terms and provisions of the Affiliate Agreement; and
III.
Meet all the qualifications for the last rank achieved by the former TicketGuard Affiliate

B.
Residual and commission/payout checks of a TicketGuard Affiliate business transferred based on this section will be paid in a single check to the successor. The successor must provide TicketGuard with an “address of record” to which all residual and commission Payments will be sent. Payments will be based on the current performance of the TicketGuard Affiliate account, not the highest rank or volume achieved.

C.
If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. TicketGuard will issue all residual and commission payments and one IRS 1099 Miscellaneous Income Tax form to the managing business entity only.

D.
Appropriate legal documentation must be submitted to TicketGuard Compliance department to ensure the transfer is done properly. To affect a testamentary transfer of a TicketGuard Affiliate Marketer business, the successor must provide the following to TicketGuard Compliance department:

I.
A certified copy of the death certificate; and


II.
A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the TicketGuard Affiliate Marketing business.

E.
To complete a transfer of the TicketGuard business because of incapacity, the successor must provide the following to the TicketGuard Compliance department:

I.
A notarized copy of an appointment as trustee;

II.
A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the TicketGuard Affiliate Marketing business; and


III.
A completed TicketGuard Independent Affiliate Marketer Agreement executed by the trustee.

F.
If the successor is already an existing TicketGuard Affiliate, TicketGuard will allow such TicketGuard Affiliate to keep his or her own TicketGuard Affiliate Agreement plus the inherited TicketGuard Affiliate Marketer account active for up to six (6) months. By the end of the 6-month period, the TicketGuard Affiliate must have compressed (if applicable), sold or otherwise transferred either the existing TicketGuard Affiliate Marketing Business or the inherited TicketGuard Affiliate Marketing Business.

G.
If the successor wishes to terminate the TicketGuard Independent Affiliate Marketer Agreement, he or she must submit a notarized statement stating the desire to terminate the TicketGuard Independent Affiliate Marketer Agreement, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.

H.
Upon written request, TicketGuard may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.


11.9 Resignation/Voluntary Termination
A. A TicketGuard Affiliate may immediately terminate his or her TicketGuard Affiliate Agreement by submitting a written notice or email to the TicketGuard Affiliate Services department at contactus@myticketguard.com. The written notice must include the following:
I. The TicketGuard’s intent to resign;
II. Date of resignation;
III. TicketGuard Affiliate Identification Number;
IV.
Reason for resigning; and

V.
Signature.

B.
A TicketGuard Affiliate may not use resignation as a way to immediately change Sponsor and Placement. Instead, the TicketGuard Affiliate who has voluntarily resigned is not eligible to reapply as a TicketGuard Independent Affiliate Marketer or have any financial interest in a or


any TicketGuard Affiliate Marketing business for six (6) months from the receipt of the written notice of resignation.
11.10 Involuntary Termination
A. TicketGuard reserves the right to terminate any TicketGuard Independent Affiliate Marketer Agreement for, but not limited to, the following reasons:
I. Violation of any Terms or Conditions of the TicketGuard Independent Affiliate Marketer Agreement;
II. Violation of any provision in these Policies and Procedures;
III. Violation of any provision in the TicketGuard Compensation Plan;
IV.
Violation of any applicable law, ordinance, or regulation regarding the TicketGuard Affiliate Marketing Business;

V.
Engaging in unethical business practices or violating standards of fair dealing.

B.
TicketGuard will notify the Affiliate via email communication notifying of its intent to terminate the Affiliates Agreement and the reason(s) for termination. The TicketGuard Affiliate will have fifteen (3) calendar days from the date of e-mail communication of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. TicketGuard will then have thirty (30) calendar days from the date of receipt of the Affiliate’s response to render a reply if warranted.

C.
If a decision is made by TicketGuard to terminate the Affiliate’s Agreement, TicketGuard will inform the Affiliate via e-mail communication that the TicketGuard Independent Affiliate Marketer Agreement is terminated effective as of the date of the e-mail notification. The TicketGuard Affiliate will then have fifteen (3) calendar days from the date of mailing of such notice to appeal the termination in writing. TicketGuard must receive the Affiliate’s written appeal within twenty


(3)
calendar days of the date of the TicketGuard termination letter. If the written appeal is not received within this time period, the termination will be considered final.

D.
If the TicketGuard Affiliate does file a timely appeal of termination, TicketGuard will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Affiliate of its decision. The decision of TicketGuard is then considered final and not subject to further review.

E.
If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by TicketGuard. The former TicketGuard Affiliate shall thereafter be


prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to TicketGuard and or its Citation Protection Plan product. TicketGuard will notify the immediate active Upline Affiliate/Sponsor within ten (10) days after termination. The organization of the terminated TicketGuard Affiliate will “roll up” to the active Upline Affiliate/Sponsor on record.
F. The TicketGuard Independent Affiliate Marketer who is involuntarily terminated by TicketGuard may not register as a TicketGuard Independent Affiliate Marketer, either under his or her present name or any other name or entity, without the express written consent of an authorized TicketGuard executive, following a review by the TicketGuard Compliance Committee. In any event, such TicketGuard Affiliate may not register as a TicketGuard Independent Affiliate Marketer for six (6) months from the date of termination.
11.11 Effect of Cancelation
A. Following an Affiliate’s cancelation for inactivity or voluntary or involuntary termination (collectively, a “cancelation”) such TicketGuard Independent Affiliate Marketer:
I. Shall have no right, title, claim or interest to any commission or residual(s) from the registration(s) generated by the Affiliate’s former organization or any other payments in association with the Affiliate’s former Independent Affiliate Marketer Agreement and Business;
II. Effectively waives any and all claims to property rights or any interest in or to the TicketGuard Affiliate’s former Downline organization;
III. Shall receive commissions and residuals only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancelation, and less any other amounts owed to TicketGuard.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action – Purpose
A. It is the spirit of TicketGuard that integrity and fairness should pervade among its Affiliate Marketers, thereby providing everyone with an equal opportunity to build a successful marketing business. Therefore, TicketGuard reserves the right to impose disciplinary sanctions at any time, when it has determined that a TicketGuard Affiliate has violated the Agreement or any of these Policies and Procedures or the TicketGuard Compensation Plan as they may be amended, modified, or revised from time to time by TicketGuard.
12.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
I. Monitoring an Affiliate’s conduct over a specified period of time to assure compliance;
II. Issuance of a written warning or requiring the TicketGuard Affiliate to take immediate corrective action;
III. Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until TicketGuard receives adequate additional assurances from the TicketGuard Affiliate to ensure future compliance;
IV.
Suspension from participation in Company or TicketGuard Affiliate events, rewards, or recognition;

V.
Suspension of the TicketGuard Independent Affiliate Marketer Agreement for one or more pay periods;


VI. Involuntary termination of the Affiliate’s Agreement;
VII. Any other measure which TicketGuard deems feasible and appropriate to justly resolve injuries caused by the TicketGuard Affiliate’s Policy violation or contractual breach; OR
VIII. Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
13.1 Grievances
A. If a TicketGuard Affiliate has a grievance or complaint against another TicketGuard Affiliate regarding any practice or conduct relating to their respective TicketGuard Affiliate Markerter businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the TicketGuard Compliance department as outlined below in this Section.
B. The TicketGuard Compliance department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Affiliates involved.
C. TicketGuard will confine its involvement to disputes regarding TicketGuard business matters only. TicketGuard will not decide issues that involve personality conflicts or unprofessional conduct by or between TicketGuard Affiliates outside the context of a TicketGuard business. These issues go beyond the scope of TicketGuard and may not be used to justify a Sponsor or Placement change or a transfer to another TicketGuard Affiliate organization.
D. TicketGuard does not consider, enforce, or mediate third party agreements between TicketGuard Affiliates nor does it provide names, funding, or advice for obtaining outside legal counsel.
E. Process for Grievances:
I. The TicketGuard Affiliate should submit an email directly to the TicketGuard Compliance department. The email shall set forth the details of the incident as follows:
a.
The nature of the violation;

b.
Specific facts to support the allegations;

c.
Dates;

d.
Number of occurrences;

e.
Persons involved; and

f.
Supporting documentation.


II.
Upon receipt of the written complaint, TicketGuard will conduct an investigation according to the following procedures:

a.
The Compliance department will send an acknowledgment of receipt to the complaining TicketGuard Affiliate via e-mail;

b.
The Compliance department will provide a verbal or written notice of the allegation to the TicketGuard Affiliate under investigation. If a written notice is sent to the Affiliate, he or she will have ten (3) business days from the date of the notification letter to present all information relating to the incident for review by TicketGuard.

c.
The Compliance department will thoroughly investigate the complaint, consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case


by case basis, and the length of time to reach a resolution will vary.
d.
During the course of the investigation, the Compliance department will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Affiliate calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.

e.
TicketGuard will make a final decision and timely notify the TicketGuard Affiliates involved.


13.2 Arbitration
A. Any controversy or claim arising out of or relating to the TicketGuard Independent Affiliate Marketer Agreement, these Policies and Procedures, or the breach thereof, the TicketGuard Affiliate’s independent marketing business or any dispute between TicketGuard and the Affiliate, shall be settled by binding and 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. Any such arbitration shall be held in Atlanta, Georgia. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the TicketGuard Independent Affiliate Marketer Agreement.
D. Nothing in these Policies and Procedures shall prevent TicketGuard from applying for or 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 TicketGuard interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and Procedures and any arbitration involving a TicketGuard Affiliate(s) and TicketGuard shall be governed by and construed in accordance with the laws of the state of Georgia, without reference to its principles of conflict of laws.
13.3 Severability
A. If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
13.4 Waiver
A. Only an authorized executive of TicketGuard can, in writing, affect a waiver of the TicketGuard Policies and Procedures. TicketGuard's waiver of any particular breach by a TicketGuard Affiliate shall not affect TicketGuard’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other TicketGuard Affiliate Agreement.
B. The existence of any claim or cause of action of a TicketGuard Affiliate against TicketGuard shall not constitute a defense to TicketGuard enforcement of any term or provision of these Policies and Procedures.
13.5 Successors and Claims
The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Georgia and the exclusive jurisdiction of the United States courts.
15.0 TICKETGUARD GLOSSARY OF TERMS
ACTIVE TICKETGUARD AFFILIATE: An Affiliate who actively promotes, markets, and registers new Customers and Affiliates, to ensure that they are eligible to receive residuals and commissions.
AGREEMENT: The contract between the Company and each TicketGuard Independent Affiliate Marketer; includes the Independent Affiliate Marketer Agreement, the TicketGuard Policies and Procedures, and the TicketGuard Compensation Plan, all in their current form and as amended, modified, or revised by TicketGuard in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a TicketGuard’s Affiliate account/business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMMISSION PAYMENTS: This term refers to compensation paid to TicketGuard Independent Affiliate Marketers who successfully register new TicketGuard Independent Affiliate Marketers into the Company.
RESIDUAL(S): This term refers to commission payments paid to TicketGuard Affiliates who have successfully registered new TicketGuard Citation Protection Plans. TicketGuard Affiliates receive this type of payment monthly in direct accordance with Customers registered as a result of marketing and promotion efforts by the applicable TicketGuard Affiliate. “Residuals” are designed to be distributed to TicketGuard Affiliates on a once-monthly basis.
TICKETGUARD COMPENSATION PLAN: The guidelines and referenced literature for describing how TicketGuard Independent Affiliate Marketers can generate compensation and residuals for successful marketing and registration of TicketGuard Citation Protection Plans offered to end-consumers and registration of new TicketGuard Independent Affiliate Marketers. CUSTOMER/CONSUMER: A Customer/Consumer is an individual who registers TicketGuard Citation Protection Plan coverage product and elects not to engage in registering as a TicketGuard Independent Affiliate Marketer.
TICKETGUARD AFFILIATE: An individual, who registers as an affiliate marketer and commits to effectively promote, and market to consumers (licensed drivers) TicketGuard Citation Protection Plan coverage; and actively introduces the TicketGuard Opportunity to interested prospects for possible registration as a TicketGuard Independent Affiliate Marketer.
LINE OF SPONSORSHIP (LOS): A report generated by TicketGuard that provides critical data relating to the identities of TicketGuard Affiliates, Registration Data, and enrollment activity of each TicketGuard Affiliate’s marketing organization. This report contains confidential and trade secret information which is proprietary to TicketGuard.
ORGANIZATION: The Customers and Affiliates placed below a particular TicketGuard Affiliate.
OFFICIAL TICKETGUARD MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by TicketGuard to TicketGuard Affiliates.
PLACEMENT: Your position inside your Sponsor’s marketing organization.
RECRUIT: For purposes of the TicketGuard 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 TicketGuard Affiliate or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: A TicketGuard Independent Affiliate Marketer who enrolls a Customer, Entity, Organization, or another TicketGuard Independent Affiliate Marketer into the Company, and is listed as the Sponsor on the Agreement. The act of enrolling others and training them to become TicketGuard Affiliates is called “sponsoring.”
UPLINE: This term refers to the TicketGuard Affiliate or Affiliates above a particular TicketGuard Affiliate in a sponsorship line up to the Company. It is the line of sponsors that links any particular TicketGuard Affiliate to the Company.

TicketGuard, LLC. has a no refund policy regarding independent affiliate marketer registration fee of $19.95. The no refund policy is also applicable to any imposed maintenance charges for affiliate back office operation and replicated website maintenance. The no refund policy is also applicable to any Citation Protection Plan monthly payments made.

1. Authorization and Contract

By executing the TicketGuard Affiliate Marketing Agreement (“Agreement”), you apply for legal authorization to become a TicketGuard Independent Affiliate Marketer and enter into contract with TicketGuard, LLC, hereinafter “TicketGuard.” You acknowledge that prior to signing you have received, read, and understood the TicketGuard Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on MyTicketGuard.com; and that you have read and agree to all terms set forth in this Agreement. TicketGuard reserves the right to reject any affiliate marketer registration for any reason deemed.

2. Expiration, Renewal, and Termination

The term of this Agreement is one year (subject to prior cancelation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your TicketGuard Affiliate Marketer registration, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a TicketGuard Affiliate. You shall not be eligible to market/register TicketGuard Citation Protection Plan coverage to the public at large nor shall you be eligible to receive residuals, overrides, or other income resulting from the activities of your former downline sales organization.

In the event of cancelation, termination, or nonrenewal, you waive all rights you have, including, but not limited to, property rights, rights to your former downline organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of your former downline organization. TicketGuard reserves the right to terminate all Independent Affiliate Marketer Agreements without notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its Citation Protection Plan product and/or services via direct selling channels. Independent Affiliate Marketer(s) may cancel this Agreement at any time, and for any reason, upon written notice to TicketGuard at its principal business address. TicketGuard may cancel this Agreement for any reason without advance written notice to the Independent Affiliate Marketer. TicketGuard may also terminate immediately without notice this Agreement, if the TicketGuard Independent Affiliate Marketer breaches any of its provisions.

3. Independent Contractor Status

You agree this authorization does not make you an employee, agent, or legal representative of TicketGuard or the TicketGuard Independent Affiliate Marketer who introduced the TicketGuard Affiliate Opportunity initially. As an independent contractor, you will be operating your own independent business, marketing Citation Protection Plan coverage available through TicketGuard on your own account. You have complete freedom in determining the number of hours that you will devote to your marketing business, and you have the sole discretion of scheduling such hours. You are not allowed to purchase, create or register any third party marketing materials including but not limited to business cards, marketing brochures, branded apparel and merchandise related to or duplicating the TicketGuard logo and or related to the marketing of the the TicketGuard Affiliate program or Citation Protection Plans. All TicketGuard affiliates must only use marketing material, videos, and any other content produced or published by TicketGuard, LLC. For use in marketing the TicketGuard affiliate business opportunity or the TicketGuard Citation Protection Plans. You may be terminated immediately as a TicketGuard affiliate marketer if you produce, create or publish any unauthorized marketing content. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form electronically. It will be your sole responsibility to account for such income on your individual income tax returns.

4. Coverage Plan Cancellations

TicketGuard allows holders of its Citation Protection Plans to cancel at any time for any reason their coverage without further obligation as well as the introductory offer of 30-days Free Coverage to all newly registered Citation Protection Plans. TicketGuard, LLC. Must receive monthly subscription cost from each registered Citation Protection Plan before commission or residual payout can be made to any applicable TicketGuard, LLC. Affiliate marketer. In order to receive residuals and commission override payments Customers must retain plan coverage for a minimum of thirty (30) calendar days before any cancellation is requested. TicketGuard Affiliates who register Customers that cancel plan coverage prior to the 30-Day Rule will not receive any commission, residual or override payments arising from that applicable registered Citation Protection Plan(s) that have been cancelled within the 30-Day Rule period. TICKETGUARD DOES NOT HAVE A CHARGEBACK POLICY!!!

5. Presenting the TicketGuard™ Compensation Plan

You agree when presenting the TicketGuard Compensation Plan to present it in its entirety as outlined in official TicketGuard materials, emphasizing that registration of TicketGuard Citation Protection Plans by consumers are required to receive compensation in the form of residuals from the monthly subscription price of a Citation Protection Plans registered via your marketing efforts. In presenting the plan to prospects, you agree not to utilize, produce, publish or create any literature, materials, or aids not produced or specifically authorized in writing by TicketGuard LLC. You agree to instruct all prospective Independent Affiliate Marketers that TicketGuard emphasizes that Affiliates commit their individual effort towards effectively marketing TicketGuard Citation Protection Plans and encouraging licensed drivers to register coverage. Prospective Affiliates should not be encouraged to focus efforts towards seeking out new Affiliates in order to increase earning potential.

6. Marketing/Registration of Citation Protection Plan(s)

You agree to make no representations or claims regarding TicketGuard Citation Protection Plans beyond those communicated and stated in official TicketGuard Citation Protection Plans terms and restrictions and or via the corporate website.

7. TicketGuard Proprietary Information and Trade Secrets

You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by TicketGuard, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the TicketGuard business including, without limitation, Independent Affiliate Marketer lists, sponsorship trees, and all TicketGuard Independent Affiliate Marketer information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of TicketGuard, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with TicketGuard, TicketGuard grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, product developments, and Independent Affiliate Marketer sales, earnings and other financial reports to facilitate your independent TicketGuard business.

8. Non-Competition Agreement

In accordance with the Policies and Procedures, you agree that during the period while you are a TicketGuard Independent Affiliate Marketer, and for six (6) months following resignation, non-renewal, or termination of your TicketGuard Affiliate registration, you will not compete with TicketGuard. This covenant shall survive the expiration or termination of your authorization and contract with TicketGuard.

9. Non-Solicitation Agreement

In accordance with the Policies and Procedures, you agree that during the period while you are an Independent Affiliate Marketer, and for one (1) calendar year following resignation, non-renewal, or termination of your registration, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other TicketGuard Independent Affiliate Marketer to compete with the business of TicketGuard.

10. No Violation of Previous Agreement

You agree that you are not currently in material breach of, and will not during the term of this Agreement be in material breach of, any other contract, obligation, or covenant that would affect your ability to perform hereunder, and as a result of entering into this Agreement, will not materially breach any contract, obligation, or covenant (such as a covenant not to compete located in a prior agreement).

11. Images / Recordings / Consents

You agree to permit TicketGuard to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by TicketGuard for any lawful purpose, and without compensation unless otherwise proposed and agreed upon between you and TicketGuard, LLC.

12. Modification of Terms

With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of TicketGuard, LLC. ownership consent, the terms of this Agreement may be modified per discretion of TicketGuard, LLC.

13. Jurisdiction and Governing Law

The formation, construction, interpretation, and enforceability of your contract with TicketGuard,LLC. as set forth in this Independent Affiliate Marketer Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Georgia without regard to conflict of law provisions. TicketGuard, LLC. is compliant with State of Georgia statutes that govern multi-level marketing companies based and operating within the state of Georgia; refer to state statutes GA Code Section 10-1-411 through GA Code Section 10-1-417.

14. Dispute Resolution

All disputes and claims relating to TicketGuard, its Citation Protection Plans, the rights and obligations of an Independent Affiliate Marketer and TicketGuard, or any other claims or causes of action relating to the performance of either an Independent Affiliate Marketer or TicketGuard under the Agreement or the TicketGuard Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Atlanta, Georgia, or such other location as TicketGuard prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against TicketGuard, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent TicketGuard from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

15. Time Limitation

If an Independent Affiliate Marketer wishes to bring an action against TicketGuard for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Independent Affiliate Marketer waives all claims that any other statutes of limitations apply.

16. Miscellaneous

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and TicketGuard and supersedes any prior agreements, understandings, and obligations between you and TicketGuard concerning the subject matter of your contract with TicketGuard.

17. Notice of Right to Cancel

You may terminate your participation in the TicketGuard Affiliate Marketing Program at anytime with no further obligation with the understanding that no future residuals or commission shall be paid to you from any existing Citation Protection Plan registrations caused by your effort and attributed to your plan registration count which becomes effective immediately upon date of termination or cancellation of participation in the TicketGuard, LLC. Affiliate Marketer Program. You therefore agree to forfeit any and all claim(s) to future residual or commission payouts from TicketGuard, LLC.as a result of your termination of participation as a TicketGuard affiliate marketer within this particular affiliate marketing program. Furthermore, TicketGuard, LLC. Reserves the right to cancel your affiliate registration at anytime at the discretion of TicketGuard, LLC. Ownership or other designated TicketGuard, LLC. Representative. If you have affiliate account inactivity for a period of 30 calendar days, TicketGuard, LLC. Reserves the right to cancel your affiliate registration immediately at which time you will cease to receive any monetary commission payout(s)

18. Submission of Electronic W-9

Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number or IRS EIN, and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a legal U.S. Citizen. Furthermore, you agree to submit valid state issued ID/Drivers License or U.S. Passport as identification document. You understand that TicketGuard, LLC. Will provide to you an IRS 1099 Form for purpose of tax reporting. It is your responsibility to properly file my 1099 form with the IRS and or applicable state agency where required. TicketGuard, LLC. Will not submit or file any tax related forms or documents on your behalf as a result of any earnings you have or will receive from TicketGuard, LLC. You are required to complete the IRS Form 1099 provided by TicketGuard, LLC. During your affiliate registration within the TicketGuard, LLC. Website. Your payable earnings will not process for deposit without completion of IRS Form 1099.

19. Independent Affiliate Marketer Enrollment

Pursuant this agreement I understand that I must submit a one-time enrollment fee of $19.95 which includes registration and unlimited access to your affiliate marketing dashboard maintained via the TicketGuard website affiliate marketing section. I also understand that there is a monthly fee of $3.95 for purpose of digital back office maintenance and administration, I understand and agree that the monthly fee of $3.95 will be debited from my supplied credit or debit card account. I further agree to receive compensation from TicketGuard, LLC. via Stripe payment processing system. I also agree to provide TicketGuard, LLC. with the necessary data required to process my enrollment, such as my full name, SSN/EIN (for IRS reporting), upload copy of valid state issued identification card, current mailing address, current daytime telephone number, valid email address, and must attest that you are indeed a citizen of the United States. I agree to update my personal data as needed and required. I understand and agree that I am not required to register and maintain monthly a TicketGuard Citation Protection Plan in order to register as a TicketGuard Affiliate Marketer. I understand and agree that TicketGuard, LLC. will compensate me $9.95 per each new affiliate I sponsor at the TicketGuard affiliate marketer registration fee of $19.95. I understand and agree that TicketGuard, LLC. will compensate me $2.00 per each new Citation Protection Plan registered as a direct result of your marketing effort up to 250 Citation Protection Plans registered. I understand and agree that TicketGuard, LLC. will compensate me $2.75 per each new Citation Protection Plan registered as a direct result of your marketing effort beginning at Citation Protection Plan registration 251 up to plan registration number 500. I understand and agree that TicketGuard, LLC. will compensate me $3.00 per each new Citation Protection Plan registered as a direct result of your marketing effort beginning at Citation Protection Plan registration 501, all Citation Protection Plans registered as a direct result of your marketing effort beyond plan registration number 501 will receive the $3.00 commission payout. I understand and agree that TicketGuard, LLC. calculates all Affiliate Referral Registration commissions on a weekly (7-days) basis, bonuses will not be rolled-over into the following weekly schedule period. I understand and agree that once the weekly schedule period has ended and compensation calculated and distributed I will have no future claim to Affiliate Referral Registration commission compensation relevant to any affiliate sponsored during the weekly schedule period applicable. I understand and agree that TicketGuard, LLC. considers its weekly schedule to run from 12:00:00 a.m. Friday morning thru 11:59:00 p.m. Thursday evening, I will only be compensated affiliate referral commission(s) for affiliate(s) I sponsored during the weekly schedule per TicketGuard, LLC. terms and policy. I understand and agree that I must maintain personally a TicketGuard Citation Protection Plan in order to be considered an active TicketGuard, LLC. affiliate. I understand and agree that TicketGuard, LLC. distributes Affiliate Referral Registration commission one (1) week (7 days) ahead of my initial enrollment as an affiliate, which means there is a 7- day delay before processing of Affiliate Referral Registration commission (s) applicable to any and all affiliates I sponsor. I understand and agree that TicketGuard, LLC. distributes any and all override commissions and residuals on a thirty (30) day schedule, TicketGuard, LLC. distributes commissions and residuals on the first Friday of each month and I further understand that I will only receive commissions and residuals from Citation Protection Plan Customers that I personally generate, I will not receive commissions nor residuals from Citation Protection Plans registered or new affililate referral registrations generated by any and all new affiliate(s) I sponsor. you will only receive a residual from each Citation Protection Plan personally generated during the monthly period for the life of the plan(s). I understand and agree that TicketGuard, LCC will compensate me a onetime commission of $9.95 for each new affiliate marketer I personally generate weekly. I understand and agree that TicketGuard, LLC. will compensate me a monthly residual from each Citation Protection Plan I personally generate during the monthly period for the life of the registered plan(s). I understand and agree that I must place due emphasis on generating Customers who register TicketGuard Citation Protection Plan coverage, I understand and agree that my sole efforts should not be concentrated on sponsoring new affiliates for TicketGuard, LLC. and its independent affiliate marketing program. I agree to fully read all content regarding the TicketGuard Affiliate Marketing Program e.g. this marketing agreement and the accompanying Policies and Procedures. I understand that this particular agreement may be modified at any time without prior notice per TicketGuard, LLC.

TicketGuard Citation Protection Plans are not insurance and should not be considered as such. TicketGuard provides Citation Protection Plans to Members of TicketGuard only. TicketGuard members should not disregard applicable traffic laws/ordinances due to Citation Protection Plan registration. Citation Protection Plan registration is NOT authorization to disobey traffic laws.