Info.pictomoney.com

$Pictomoney
P. O. Box 5233
Atlantic City, NJ 08404
United States
Phone: 609-347-0214
Fax: 609-347-2019
Email: customerservice@pictomoney.com
 
Summary

Contact:
Pictomoney, Inc.
P.O. Box 5233
Atlantic City, NJ 08404
609-347-0214 Fax 609-347-2019 info@pictomoney.com

Return/Refund Policy
You must send in a written request within 5 days from the date of your purchase to receive a refund for your Distributor Kit Purchase.  Send your written request to: Pictomoney, Inc., P.O. Box 5233, Atlantic City, NJ 08404
Delivery
Products are delivered online as a download or mailed.

Privacy Statement
Your name, address, phone number and personal information is held in strict confidence and will not be sold or given to any company or individual for any reason or purpose.

Banking Policy
We accept US Currency and transactions only occur through US banks in the US or with their offices in other countries at the present time.

Shipping and Handling
There is no shipping or handling. 

 
***WITH US, YOU HAVE NO COMPETITION AND NO QUOTAS TO FILL!!!
 
Policies and Procedures
SECTION ONE: DISTRIBUTOR STATUS
1.01 BECOMING A DISTRIBUTOR
An applicant becomes a Distributor (“Distributor”) of Pictomoney when the applicant’s completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Home Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
Distributor uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Terms and Conditions. In doing so, Distributor will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Distributors.
1.02 NO FEE, CHARGE OR PURCHASE REQUIRED
No initial fee, charge or purchase is required to only become a Distributor.  The $14.99 is for the Distributor Kit, username and password for access to our marketing materials.  The $35.00 Monthly Access Fee is billed in two $17.50 debits on approximately the 3rd and the 20th of each month.  It  is for access to our business relationships, marketing materials, the website, downline statements  and the Free Online Gallery plus technical support.
1.03 DISTRIBUTOR OBLIGATIONS & RIGHTS Distributors are authorized to sell Company products and services and company endorsed products and services and to participate in the Distributor Compensation Plan. Distributors may sponsor new Distributors.
1.04 LEGAL AGE
Distributors must be of legal age in the state of their residence.
1.05 DIVORCE
When a couple sharing Distributor entity divorces or separates, Company will continue to pay commission checks in the same manner as before the di¬vorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable, the couple has complied with the require¬ments of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Distributors of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Distributor entity must agree to hold such title, and Company will hold each personally liable and bound by the Agreement and Terms and Conditions.
1.07 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as Distributor using a fictitious or assumed name.
1.08 INDEPENDENT CONTRACTOR STATUS
Distributors are Independent Contractors responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Distributors have no authority to bind Company to any obligation. Company is not responsible for pay¬ment or co-payment of any employee benefits. Distributors are responsible for liability, health disability and worker’s compensation insurance. Distributors set their own hours and determine how to conduct business, subject to Company Agreement, and Terms and Conditions.
1.09 TAXATION
As Independent Contractors, Distributors will not be treated as franchi¬sees, owners, employees or agents of Company for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation. At the end of each calen¬dar year, Company will issue to each Distributor an IRS Form 1099, as required by law, or other applicable documentation for non-employee compensation as a Distributor.
1.10 DISTRIBUTOR IDENTIFICATION NUMBER
Distributors are required by federal law to obtain a Social Security num¬ber or Federal ID number. Distributors will be identified by this number, or a company assigned number, for purposes of Company’s business.                                             1.11 LEGAL COMPLIANCE
Distributors must comply with all federal, state and local statutes, regula¬tions and ordinances concerning the operation of their business. Distributors are responsible for their own managerial decisions and expenditures in¬cluding all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on spon¬soring or selling within the United States; provided, however, that Company re¬serves the right not to sell product or services or contract with Distributors in specified states within the United States.

SECTION TWO: TERM & RENEWAL
2.01 TERM
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Company and the membership is on a month to month basis from the date thereof (the “Anniversary Date”).
2.02 RENEWAL
Distributors must renew monthly by paying their activation fee on time, on the Anniversary Date and Distributor has the right to decline to accept any renewal at its sole discretion. Company may require that Distributors execute a new Agreement upon renewal. Distributors not renewing by the renewal date shall be deemed to have voluntarily terminated their Distributor rela¬tionship with Company, and thereby lose their Distributor entity, all sponsorship rights, their position in the Compensation Plan and all rights to com¬missions and bonuses. Distributors who fail to renew their Distributor sta¬tus must then reapply under a new sponsor and start over.

SECTION THREE: SPONSORSHIP
 
3.01 SPONSORING
Distributors may sponsor other Distributors into Company’s business. Distributors must ensure that each potential new Distributor has reviewed and has had access to the current  Terms and Conditions and Com¬pensation Plan prior to or when giving the individual an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Distributors which list different spon¬sors, each one will be placed in order as received by the Company and will be ac¬cepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with Distributors in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services, answer their questions and be friendly.
3.04 INCOME CLAIMS
Distributors must truthfully and fairly describe the Compensation Plan.  Actual income claims may be made to prospective Distributors.  Commission checks may be used as mar¬keting materials.  Distributors use their own income as indications of the success assured to others by writing “Copy” in big letters across the middle of their check. Distributors may verify commissions but not estimate expenses to prospects except one ad cost every other week.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors.  Network Marketing is a business of creating relationships.  Once a Distributor is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written ap¬proval of Company to correct ethical violations as determined at the sole discre¬tion of Company.
3.06 CROSS SPONSORING
Distributor can sponsor, or attempt to sponsor, any non personally sponsored distributors in any other Network Marketing Company.

SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Distributor may voluntarily terminate his or her Distributor status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) Distributor who resigns or terminates their Distributor status may reapply as Distributor one month after resignation.
4.02 SUSPENSION
Distributor may be suspended for violating the terms of his or her Agree¬ment, which includes these:  the Terms and Conditions and the Compensation Plan and other documents like the application form produced by Company.  When a decision is made to sus¬pend a Distributor, the Company will inform the Distributor in writing that the sus¬pension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspen¬sion (if any). The suspension notice will be sent to the Distributors “address on file” pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Distributor as so determined by Company at its sole discretion. If the Distributor wishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will re¬view and consider the suspension and notify the Distributor in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the Distributor from holding himself or herself as Distributor or using any of Company’s proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Distributor during the suspension period;
c) Prohibiting the Distributor from purchasing services and products from Company; and/or;
d) Prohibiting the Distributor from sponsoring new Distributors, con¬tacting current Distributors or attending meetings of Distributors.
If Company, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Distributor has occurred, the suspended Distributor may be terminated.
4.03 TERMINATION
Distributor may be immediately terminated for violating the terms of his or her Agreement, which includes these:   Terms and Conditions and the Compensation Plan and other documents produced by Company like the application form produced by the Company upon written notice. Company may terminate a violating Distributor with¬out placing the Distributor on suspension, at Company’s sole discretion. When the decision is made to terminate Distributor, Company will inform the Distributor in writing at the address in the Distributor’s file that the termination has occurred.
4.04 APPEAL
If Distributor wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termina¬tion. If no appeal is received within the fifteen (15) day period, the termina¬tion will automatically be deemed final. If Distributor files a timely notice of appeal, Company will review the appeal and notify the Distributor of its deci¬sion within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Distributor:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
b) Must cease representing themselves as Distributor of Company;
c) Loses all rights to his or her Distributor position in the Com¬pensation Plan and to all future commissions and earnings resulting there¬from;
d) Must take all action reasonably required by Company relating to protection of Company’s confidential information. Company has the right to offset any amounts owed by Distributor to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Distributor.
4.06 REAPPLICATION
The acceptance of any reapplication of a terminated Distributor or the application of any family member of a terminated Distributor shall be at the sole discretion of Company and can be denied.  If a Distributor does not pay their Monthly Access Fee on time they have to start over in the geneology as a brand new Distributor and they loose their previous downline.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Distributor can have two Distributorships and can aquire another’s by purchasing it as one of their two Distributorships but not more. All such transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF DISTRIBUTORS
Except as expressly set forth herein, Distributor may sell, assign or otherwise transfer his or her Distributor entity (or rights thereof) to another Distributor or to an individual which has an interest in Distributor entity.

5.03 CONDITIONS TO TRANSFERABILITY
Distributors may sell, assign, or transfer his or her Distributor entity (or rights thereto) with the prior written approval of Company and com¬pliance with the following conditions:
a) Company possesses the right of first refusal with respect to any sale, assign¬ment, transfer or merger of any Distributor entity. Distributor wishing to sell, assign, or transfer  his or her Distributor entity must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Distributor within ten (10) business days after re¬ceipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Distributor may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is a Distributor with only one Distributorship or who is not Distributor but has an interest in  being a Distributor;
b) The selling Distributor must provide Company with a copy of all documents which detail the transfer, including, without limitation, the name of the pur¬chaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of $100.00 must accompany the transfer documents;
d) The documents must contain a covenant made by the selling Distributor for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Distributor for a pe¬riod of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company, the buying Distributor must assume the position and terms of agreement of the selling Distributor and must execute a current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company re¬serves the right to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at Company’s sole discretion, that Distributor entity was transferred in an effort to circumvent compliance with the Agreement, Terms and Conditions or the Compensation Plan, the transfer will be de¬clared null and void. The Distributor entity will revert back to the transfer¬ring Distributor, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company’s sole discretion, ap¬propriate action, including, without limitation, termination, may be taken against the transferring Distributor to ensure compliance with the  Terms and Conditions.
5.05 SUCCESSION
Notwithstanding any other provision of this Section, upon the death of Distributor, the Distributorship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a trans¬fer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instru¬ment required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a Company Distributor.  If the Successor already has two memberships then the third Distributorship would have to be sold to someone who doesn’t have two Distributorships.
5.06 RE-ENTRY
Any Distributor who transfers his or her Distributorship must wait for one month after the effective date of such transfer before becoming eligible to reapply to become a Distributor.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Distributors con¬fidential information, including, but not limited to genealogical and Downline reports, customer lists, customer information developed by Company or devel¬oped for and on behalf of Company by Distributors (including, but not limited to, credit data, customer and Distributor profiles and product purchase infor¬mation), Distributor lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Distributors in strictest confidence on a “need to know” basis for use solely in Distributors business with Company. Distributors must use their best efforts to keep such information confidential and must not dis¬close any such information to any third party, or use this information for any non-company activity directly or indirectly while a Distributor and thereafter.
Distributors must not use the information to compete with Company or for any purpose other than promoting Company’s program and its products and services. Upon expiration, non-renewal or termination of the Agreement, Distributors must discontinue the use of such confidential information and promptly return any confidential information in their possession to Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Distributors must abide by all manufacturers’ use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company’s business relationships are provided in the Company website. 
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
7.01 TRADEMARKS
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compli¬ance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Promotional and advertising materials produced by Company or yourself are your responsibility and may be used to advertise or promote a Distributor’s business or to sell products and services of Company.
7.03 USE OF COMPANY NAME
Distributors may use the name of Company only in the following format: “Independent Distributor for $Pictomoney”.
7.04 STATIONERY AND BUSINESS CARDS
Distributors are permitted to “create” their own stationery, business cards or letterhead graphics, if Company’s trade name or trademarks are used. Useing the approved Company’s graphics version and wording are permitted. The Font is Trebuchet MS for $Pictomoney.
7.05 ELECTRONIC ADVERTISING
Distributors can advertise or promote their Distributor business or Company’s business, products or marketing plan or use Company’s name in any elec¬tronic media or transmission, including on the Internet via web sites or oth¬erwise, without the prior written approval of Company’s legal department. There will be no spam email, bulk email is not necessary to promote Company business.
7.06 TELEPHONE LISTING
Distributors are not permitted to use Company’s trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Distributors are not permitted to list their telephone num¬bers under Company’s trade name without first obtaining Company’s prior written ap¬proval. If approval is granted for an “800” listing, it must be stated in the following manner: “Independent Distributor for Company”.
7.07 TELEPHONE ANSWERING
Distributors may not answer the telephone by saying “Pictomoney,” or in any other manner that would lead the caller to believe that he or she has reached the offices of the Company.
7.08 IMPRINTED CHECKS
Distributors are not permitted to use Company trade name or any of its trade¬marks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Distributors are prohibited from granting radio, television, newspaper tab¬loid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to pub¬licize the Company, its products or Company businesses, without the express prior written approval of Company. All media inquires should be in writing and referred to Company’s corporate office, legal department.
7.10 ENDORSEMENTS
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and com¬munications. Federal and state regulatory agencies do not approve or en¬dorse direct selling programs. Therefore, Distributors may not represent or imply, directly or indirectly, that Company’s programs, products or services have been approved or endorsed by any governmental agency.
7.11 RECORDINGS
Distributors may not produce or reproduce for sale or personal use prod¬ucts sold by Company or any Company-produced literature, audio or video material, pre¬sentations, events or speeches, including conference calls. Video and/or au¬dio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Distributors may not repackage products or materials of Company.  Distributors can photocopy the application form, flyer found at the website and business cards template.
7.13 INDEPENDENT COMMUNICATIONS
Distributors, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Distributors must identify and distinguish between personal communications and the official communications of Company.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Company. Commissions are paid ONLY on the sale of Company services and products and so for sponsoring Distributors you increase the company’s volume and you are compensated up to $540.00 per month ($1,080.00 for two Distributorships). In order to receive commissions on products and services sold, Company must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
Commission are paid biweekly.  A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-6 p.m. EST, with the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid biweekly to “qualified” Distributors as defined within the Compensation Plan. Distributors must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and require¬ments of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the obligation of and must be repaid to Company by Distributors earning such commissions. Company has the right to offset such amounts against future com¬missions and other compensation paid or owed to such Distributors who received commissions.
SECTION NINE: PURCHASE & SALE OF PRODUCTS
9.01 STOCKPILING PROHIBITED
The success of Company depends on retail sales to the ultimate consumer; there¬fore all forms of stockpiling are prohibited. Company recognizes that Distributors may wish to purchase certain products for their own use. However, Company strictly prohibits the purchase of products in unreasonable amounts and prohibits the purchase of products only or primarily to qualify for compensation.
9.02 RETAIL SALES RULES
Distributors must save a copy of the Retail Sales Slip given to retail customers; receipt shall be fully completed and in¬clude the name, address and phone number of each retail customer and, upon request by Company, provide copies of such receipts to Company. Any type written or hand written receipt is acceptable as long as it has the retail customer’s  name, address and phone number of each retail customer and the Distributor’s name address and phone number.                                                                                                                                          9.03 OVER 70% RULE
In order to receive commission Distributors must maintain their Monthly Activity Fee and be willing to answer questions for their downline even when the $540.00 maximum is reached ($1,080.00 for two Distributorships).
9.04 ORDERING METHODS
All orders submitted to Company are started with an application form.
9.05 PAYMENT OPTIONS
Purchases may be paid by cashier’s check, ACH, debit card, money order, or major credit card. The Distributor and retail customers are responsible for paying the costs of any returned checks plus an administrative fee charged by Company, which fee may change at any time based on past payment history of the customer. If an underpayment is made, the order will not be processed until the full amount is received by Company. If an overpayment is made, Company will process the order and issue a credit to Distributor’s account, which will automatically refund on the next commission check paid to Distributor. Orders will not be processed if cancellation of a credit card is made. Orders for products are not effective until accepted by Company. To expedite shipping, Distributors may authorize Company to keep a valid credit card on file as security for payment. Overdue amounts will accrue interest at the annual rate of 18% or at a high¬er if permitted by law.
9.06 SHIPPING AND HANDLING POLICY
Subject to availability all products will be shipped by UPS or other similar service within ap¬proximately three (3) business days of receipt of payment. Payment for prod¬ucts shall be made at time of order. At Distributor’s option, the prod¬uct may be shipped to a customer’s designated “Ship-To address”, or to the Distributor.
9.07 PRODUCT DELIVERY
Upon clearance of payment, the products and materials ordered will be shipped.
9.08 BACK ORDER POLICY
Company will expeditiously ship all products currently in stock. Any out-of-stock items (unless discontinued) will be placed on back order and dis¬tributed upon Company receiving additional inventory. Distributor will be charged and granted commissions on back ordered items once they are shipped unless notified of the discontinuance of such product. Back orders may be cancelled upon Distributor’s request and will create a credit on the Distributor’s account.
9.09 DAMAGED GOODS
The shipping company is responsible for any damage that occurs after it takes physical custody of the products. A Distributor who receives damaged goods should follow this procedure:
a) Accept delivery;
b) Before the driver leaves, document on the delivery receipt the num¬ber of boxes which seem to be damaged and have the driver acknowledge the damage in writing;
c) Save the damaged products or boxes for inspection by the shipping agent;
d) Make an appointment with the shipping company to have the dam¬aged goods inspected, and call the Company Customer Service Department.
9.10 SHIPPING LOSS
In the event Distributor or a consumer does not receive a prod¬uct order from Company in a timely fashion, the individual should contact the Sales Department at Pictomoney.
9.11 REFUSED SHIPMENTS
Should Distributor refuse delivery on any order he or she has placed with Company and such product is subsequently returned to Company; Company shall have the right to place that Distributor on suspension pending resolution of the refusal of delivery. Neither Distributor nor a consumer shall refuse any ship¬ment from Company unless prior approval of Company has been obtained.
9.12 PRICING POLICY
Prices for Company’s products, services and literature are subject to change without prior notice.
9.13 RECEIPTS
Distributors must provide all retail purchasers of Company’s products with writ¬ten receipts.
9.14 RETAIL PRICING
Company provides a suggested retail price as a guideline.
9.15 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
9.16 SALES TAX
Company collects sales tax on taxable items only for Distributors that are residents of the state of NJ. Outside, Distributors are responsible to collect and remit sales tax on personal retail sales to the appropriate tax agencies.
9.17 PLACE OF SALE
The integrity of Company’s marketing plan is built upon person-to-person, one-on-one and in-home presentation methods of sale. Company’s services may be displayed by any retail outlet, including, but not limited to supermarkets or food stores, flea markets or swap meets, permanent restau¬rant displays, bars or night clubs or any such similar establishment, conve¬nience stores or gas stations.
9.18 PRODUCT & SERVICES CLAIMS
Distributors may make no claim, representation or warranty concerning any product or service of Company, except those expressly approved in writing by Company or contained in official Company materials.
9.19 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: RETAIL GUARANTEE & REFUND POLICY
10.01 RETAIL CUSTOMER GUARANTEE
Distributor offers a thirty (30) day, 100% money-back, and satisfaction guarantee to all retail customers. If a retail customer is dissatisfied with any product for any reason, then the retail customer may return that product in its origi¬nal package and shipping container to the Distributor who sold the product within thirty (30) days of purchase, for either replacement or a full refund of the purchase price. All other warranties and guarantees are disclaimed.
10.02 WARRANTIES
Except as expressly stated herein, Company makes no warranty or representa¬tion as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
10.03 RETURN POLICIES
To return products you must obtain a return merchandise authorization (RMA) and return the products within 7 days after you receive the RMA. Company will refund the original purchase price of products, and related sales taxes. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL Company RECEIVES THEM. YOU WILL BE CHARGED A RESTOCKING FEE OF 10% TO RETURN PRODUCTS. Returned products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.

NOTE: Company will not accept for return any products you purchased from a Reseller.  In order to properly process a refund or exchange, Distributors must fol¬low the steps and conditions set forth below:
All returns to Company must be accompanied by:
a) A signed statement from the retail customer identifying the rea¬son for the return;
b) A copy of the original retail sales receipt; and
c) The name, address and telephone number of the retail customer
d) Company will prepay the cost of shipping the replacement product(s).
Distributor request for refund may, at company’s option, be treated as a termination of the Distributorship.
10.04 BUYER’S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25.00 or more that occur away from the seller’s main office. Distributors must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer.
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Distributor agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in in¬terest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Distributors (a) activities as Distributor; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
11.03 OTHER SERVICES & PRODUCTS
Distributors can promote or sell another company’s products or ser¬vices at functions organized to feature Company’s products. Distributors are not restricted from selling other company’s services and products which are not similar to or competitive with the products and services of Company.
11.04 LIABILITY
To the extent permitted by law, Company shall not be liable for, and each Distributor releases Company from, and waives all claims for any loss of profits, indi¬rect, direct, special or consequential damages or any other loss incurred or suffered by Distributor as a result of (a) the breach by Distributor of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Distributor’s business; (c) any incorrect or wrong data or information provided by Distributor; or (d) the failure to provide any information or data necessary for Company to operate its business, including, with¬out limitation, the enrollment and acceptance of Distributor into the Com¬pensation Plan or the payment of commissions and bonuses.
11.05 RECORDKEEPING
Company encourages all Distributors to keep complete and accurate records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party’s control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party’s usual source of supply.
11.07 VIOLATIONS
It is the obligation of every Distributor to abide by and maintain the in¬tegrity of the Policies and Procedures and Terms and Conditions. If Distributor observes another Distributor committing a violation, he or she should discuss the violation di¬rectly with the violating Distributor. If the Distributor wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence “Attention: Legal Department”.
11.08 AMENDMENTS
Company reserves the right to amend the Agreement,  Terms and Conditions, its retail prices, product and service availability and the Compensa¬tion Plan type at any time without prior notice as it deems appropriate. Amend¬ments will be communicated to Distributors through official Company website and or official Company publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control.
11.09 NON-WAIVER PROVISION
No failure of Company to exercise any power under these Terms and Conditions or to insist upon strict compliance by Distributor with any obliga¬tion or provision herein, and no custom or practice of the parties at variance with these Terms and Conditions, shall constitute a waiver of Company’s right to demand exact compliance with these Terms and Conditions. Company’s waiver of any particular default by Distributor shall not affect or impair Company’s rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Distributor. No delay or omis¬sions by Company to exercise any right arising from a default effect or impair Company’s rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these Terms and Conditions shall be governed by the laws of the State of NJ.
11.11 DISPUTES
In the event a dispute arises between the Company and a Distributor regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Distributor Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Egg Harbor Township, NJ United States .  The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney’s fees and costs to the prevailing party.  An award of attorney’s fees and costs shall continue through any review, appeal or enforcement of an arbitration decision.  The arbitration decision may be enforced in any court of competent jurisdiction.  This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction.  The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Terms and Conditions are incorporated into the Agreement Application Form and, along with the Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.
11.13 SEVERABILITY
If under any applicable and binding law or rule of any applicable jurisdic¬tion, any provision of the Agreement, including these  Terms and Conditions, or any specification, standard or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Distributor shall be bound by any such modifica¬tion. The modification will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS DISTRIBUTORS, OFFIC¬ERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND DISTRIBUTOR HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPE¬CIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSI¬NESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LI¬ABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE DISTRIBUTOR AND ANY COMMISSIONS OWED TO THE DISTRIBUTOR.
11.15 NOTICE
Any communication, notice or demand of any kind whatsoever which either the Distributor or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic commu¬nication whether by telex, telegram, Email or telecopy (if confirmed in writ¬ing sent by registered or certified mail, postage prepaid, return receipt re¬quested).  Any such communication, notice or de¬mand shall be deemed to have been given or served on the date of confirmed dispatch, if by elec¬tronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
Home Office:
Pictomoney
3121-D Fire Road #165
Egg Harbor Township, NJ 08234
United States
Email: customerservice@pictomoney.com
Phone: 609-347-0214
Fax: 609-347-2019
Note: This document along with all documents within our website must be reviewed and approved prior to use for your particular purpose. No statement of legality or compliance with any regulatory agencies is made in providing you with this free document.
Customer Cancellation Notice
You may cancel this transaction, without penalty or obligation, within three (3) business days (Alaska residents five (5) days) from the date of signing the application.

If you cancel, any payments made by you under the contract or sale, and any instrument executed by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of these goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. This cancellation notice cancels all subscription services and Distributor rights in Pictomoney.

To cancel this transaction, certified mail, or fax a signed and dated copy of the original Agreement and a signed and dated copy of this cancellation notice to:
Pictomoney 
3121-D Fire Road #165
Egg Harbor Township, NJ 08234
United States

No later than midnight three (3) business days after date of transaction.
Distributor/Seller: ___________________________________________
Distributor’s address: _________________________________________
Not later than Midnight of ___________________ ,200__
(Date: 3 business days after date of order)

I hereby cancel this transaction.
Date:___________________________
Applicant/Buyer’s Signature: ___________________________________

This transaction is non-refundable after the above stated cancellation date.