Code of Conduct
Section 1 – Introduction
The Code of Conduct (“Code” or “CoC”) defines and establishes:
(1) Certain principles to be followed in the development and maintenance of Dynamic Ace Global Business.
(2) The rights, duties, and responsibilities of each Member.The terms and conditions of this relationship are set forth in: (they have to agree when they join the company and register under our ToS)
(1) The Dynamic Ace Global Membership Contract.
(2) Other official Dynamic Ace Global literature, publication, notification or communications.
While the Code primarily define relationships between Dynamic Ace Global and Members, it also concerns relationships among Members. Its objectives are,
• To ensure an equal opportunity for Members through ethical and responsible business conduct.
• To protect and build a conducive environment for a long-term and profitable Dynamic Ace Global business.
• To promote unity and harmony among Members.
• To preserve the benefits of the Dynamic Ace Global Sales & Marketing Plan equitably for all Members
From time to time, the contents of these documents will be changed. Dynamic Ace Global will notify the Member leadership of such changes. Upon final notification by Dynamic Ace Global with respect to those changes presented to the Member leadership, such changes will be communicated to all Members in a timely manner in the Dynamic Ace GlobalWebsite https://www.dynaceglobal.com/and other official Dynamic Ace Global communications and literature, and shall become effective upon publication. In order to preserve the goals and purposes of the Dynamic Ace Global Sales and Marketing Plan,Dynamic Ace Global reserves to itself the sole right to adopt, amend, modify, supplement, or rescind any or all of these Code, as necessary.
Section 2 – Definitions
Dynamic Ace Global: “Dynamic Ace Global” shall mean Dynamic Ace Global Sdn. Bhd. Dynamic Ace Global Business: A business, as identified by the Dynamic Ace Global Member Username and the Dynamic Ace Global Business Activity related with Dynamic Ace Global products and services.
Dynamic Ace Global Business Policies: Code and policies set forth in official Dynamic Ace Global literature, including the Code of Conduct and various other policies that may be maintained by Dynamic Ace Global from time to time which are incorporated by reference into the official website of Dynamic Ace Global https://www.dynaceglobal.com/ Dynamic Ace Global Business Opportunity: The products, marketing, support and compensation system offered by Dynamic Ace Global.
Dynamic Ace Global Produced Business Support Materials (“Dynamic Ace Global BSM”): BSM produced by, or on behalf of Dynamic Ace Global.
Membership Contract: Refers to the Membership Registration along with the incorporated documents that form the terms of the contractual agreement between Member and Dynamic Ace Global.
Member in Good Standing: For the purposes of interpreting and enforcing the Code of Conduct only, the term “good standing” shall refer to a Member who is currently authorized by Dynamic Ace Global to hold himself out as an Member and whose conduct complies with the letter and spirit of the Code of Conduct and Dynamic Ace Global Business Policies for each market in which a Member has a presence; is not engaged in conduct that negatively affects the reputation of Dynamic Ace Global, Dynamic Ace Global’s affiliates, and its Member; is not engaged in conduct that supports or defends the activity of other Member which jeopardizes the ongoing nature of an Dynamic Ace Global affiliate or otherwise is inconsistent with the other criteria set forth herein; is not engaged in conduct that does not comply with all applicable laws and regulations in each country and whose conduct does not demonstrate cultural sensitivity given market conditions.
Membership: A Membership is another way to describe an Dynamic Ace Global business, which is identified by an Dynamic Ace Global Username.
Leg: A Member and all downline Members from that individual.
Sponsor Genealogy and Placement Genealogy: The structural organization of Members established by the contractual relationship that each Member has with Dynamic Ace Global.
Sponsor Genealogy and Placement Genealogy Information: includes all information that discloses or relates to all or part of the structural arrangement of Members within the Sponsor Genealogy and Placement Genealogy, including but not limited to Member numbers and other Member business identification data, Member personal contact information, Member business performance information, and all information generated or derived there from, in its present or future forms.
Platinum: An Member who has achieved a certain level of business activity as specified by the Dynamic Ace Global Sales and Marketing Plan.
Prospect: A potential Member or customer.
Code of Conduct (“Code” or “CoC”): Define and establish: (1) certain principles to be followed in the development and maintenance of an Dynamic Ace Global Business; and (2) the rights, duties, and responsibilities of each Member.
Sponsor: There can be one of three relationships: Personal Sponsor: A Member who introduces and sponsors a Prospect into the Dynamic Ace Global Business Opportunity; International Sponsor: A Member who introduces a prospect from another country to the Dynamic Ace Global Business Opportunity and he/she becomes the (“International Sponsor”) when this prospect signs up and is being foster sponsored by another Member in that market.
Foster Sponsor: A Member of Dynamic Ace Global in the affiliate who is designated to provide training and support to an Internationally Sponsored Member.
Section 3 – Becoming a Member
3.1 New Membership Registration: To become a duly authorized Member capable of merchandising Dynamic Ace Global’s products and services and sponsoring other Member, an applicant must complete Dynamic Ace Global Membership Registration, pass Dynamic Ace Global ID verification and agree with the Terms and Conditions and Code of Conduct of Dynamic Ace Global. The completed Membership Registration must be sent to Dynamic Ace Global immediately through the backoffice, and accepted by Dynamic Ace Global as authorized in accordance with the provisions of Code 3.3.
3.2 Requirements: Without limiting Dynamic Ace Global’s rights, the following are requirements for becoming a Member or maintaining a Membership:
3.2.1 An Member must be at least 18 years of age.
3.2.2 Must not have been terminated for breach of contract under a previous Membership or Membership with another Dynamic Ace Global affiliate; and
3.2.3 Must comply with Section 6.4 of this Code of Conduct if the applicant previously operated under a Membership that was terminated or expired (and has not been maintained).
3.2.4 Must not be an employee of a direct-selling company at the time of the initial application or during the term of his or her authorization as a Member.
3.2.5 Must be a citizen or resident duly authorized by the relevant authority to conduct business in any country recognized by United Nations.
3.2.6 Must not be a person serving an imprisonment sentence or otherwise confined to any correctional institution or have a previous conviction record for an offense relating to production (and/or) trading of counterfeit goods, false advertisement, illegal conduct of business, tax evasion (or) deception of customers, or an offense relating to the deceptive appropriation of assets, abuse of trust to appropriate assets (or) unlawful possession of assets.
3.3 Acceptance or Rejection of Membership Registration or Maintenance: Dynamic Ace Global reserves the right to accept or reject any Membership Registration. Likewise, Dynamic Ace Global reserves the right to refuse any Maintenance request and can revoke the Membership if a Member’s activities have not been in accordance with the Code of Conduct or if the Member is not in Good Standing or has not complied with the requirements of Code 3.2.
3.4 Members Operated through a Legal Entity: A party to a Membership Contract may apply to Dynamic Ace Global to operate the Membership through a legal entity, provided it complies with certain requirements and conditions, including that where legally feasible the entity’s sole purpose is the operation of the Dynamic Ace Global Business Opportunity. Contact Dynamic Ace Global for current information. The person signing the Membership Contract on behalf of a legal entity must be an authorized representative of that legal entity and must personally meet the qualifications set forth in Code 3.2 above. A legal entity may be required to submit, in addition to other documents, proof of existence and qualification to conduct the activities anticipated in the Membership Contract, proof of compliance with applicable registration requirements, a document (such as an Authorization for Legal Entity Form) containing various information about and agreements of both the legal entity and the founders and management of the legal entity, or such other similar information and documentation as Dynamic Ace Global may request.
3.5 Date of Authorization: The date of authorization as an Dynamic Ace Global Member is when the Member Registration process has been completed in Dynamic Ace Global Backoffice.
3.6 Prohibited Sponsoring Practices: A sponsor shall not impose on a Prospect, nor any Member, as a condition to receiving from the Sponsor assistance in the development of such person’s Membership, such as:
3.6.1 Purchase any specified number of products or services.
3.6.2 Maintain a specified minimum inventory.
3.6.3 Purchase any non-Dynamic Ace Global produced “starter,” “decision,” or other “pack” or “kit”.
3.6.4 Purchase literature, audio-visual aids, or other materials.
3.6.5 Purchase tickets for and/or attend or participate in rallies, seminars, or other meetings.
3.7 Term and Expiration: Unless the term is maintained in accordance with Code 3.8 of the Code of Conduct and the Dynamic Ace Global Business Policies, a Membership expires or may be terminated in accordance with its terms. As specified in the Membership Contract, unless earlier terminated by a Member or Dynamic Ace Global, the Membership shall expire on the respective Dynamic Ace Global Membership Packages.
3.8 Maintenance: A Membership may be maintained at the discretion of Dynamic Ace Global provided the Member is not in violation or breach of Dynamic Ace Global’s Code and Policies and terms of Membership Contract in any market. To be eligible for extension, a Member must perform a monthly maintenance purchase at their Backoffice at the Gift Mall. If accepted by Dynamic Ace Global, any extension of the term of Membership Contract and Dynamic Ace Global’s Code and Policies shall be effective from the date of extension and concluding one month thereafter. The terms of such extension shall be the terms and conditions of the Membership Contract in effect at the time of extension. Without limiting Dynamic Ace Global’s discretion to deny extension of a Membership, the following automatically disqualify a Member from extension of his/her Membership.
3.8.1 The Member was operating in a manner that was contrary to the reputation and interests of Dynamic Ace Global; or
3.8.2 The Member did not comply with or is in breach of the Membership Contract within the months preceding the period for which extension is sought; or
3.8.3 Failure to meet the requirements outlined in Code 3.3 of this Code of Conduct.
3.9 Termination: A Member may terminate the Membership at any time by providing Dynamic Ace Global with written notice of termination at Dynamic Ace Global’s address. Dynamic Ace Global may terminate the Membership at any time by providing the Member with written notice of termination at his/her specific address if he/she fails to comply with the Dynamic Ace Global Business Policies, including the Dynamic Ace Global Code of Conduct, the Dynamic Ace Global Sales & Marketing Plan and other policies maintained by Dynamic Ace Global and which have been incorporated into the Membership Contract.
3.10 Conspiracy; Inducement to Breach: An Member shall not conspire with any other person to breach or induce a breach of any Code of Conduct or the Dynamic Ace Global Business Policies or to induce or attempt to induce another Member to breach any of the Code of Conduct or the Dynamic Ace Global Business Policies. Any such activity shall constitute a breach of the Code of Conduct or the Dynamic Ace Global Business Policies.
3.11 Exceeding Scope of Authorization: A Member shall not exceed the scope of authorizations granted pursuant to the Membership Contract. Any such activity shall constitute a breach of the Membership Contract.
3.12 Representations and Warranties: A Member shall not make any false representation or statement to Dynamic Ace Global, nor induce Dynamic Ace Global to enter into a Membership Contract under false pretenses, nor breach any representation or warranties implied in this contract or by law. Any such activity shall constitute a breach of the Code of Conduct or the Dynamic Ace Global Business Policies.
3.13 Multiple Breaches: It is a breach of the Code of Conduct or the Dynamic Ace Global Business Policies for an Member to allow any breaches to remain uncorrected following notification from Dynamic Ace Global of the existence of the same, or to have multiple simultaneous, serial or repeating breaches of the Code of Conduct or the Dynamic Ace Global Business Policies.
3.14 Zero Tolerance Code: It is a breach of the Code of Conduct or the Dynamic Ace Global Business Policies for an Member to conduct Member activities in markets in which he or she is not authorized to conduct business. It is a breach of the Code of Conduct or the Dynamic Ace Global Business Policies to conduct Member activities in markets in which Dynamic Ace Global are not doing business. Such unauthorized activity may result in, without prejudice to any rights and remedies otherwise available, the immediate suspension of the Member’s rights.
3.15 Circumvention of the Code of Conduct: In case of attempt to circumvent or acting against the intent and spirit of the Code of Conduct, Dynamic Ace Global may at any time take corrective action at its discretion.
3.15.1 All Members shall be subject to the Enforcement Procedure which is set out in the Business Manual provided that Dynamic Ace Global expressly reserves the right to terminate, at anytime and with immediate effect, the authorization of a Member who shall have provided false information in the Application or who shall have accepted authorization as a Member in violation of these Code or who shall have conducted himself in manner that in Dynamic Ace Global’s opinion brings the Dynamic Ace Global Sales and Marketing Plan into disrepute.
Section 4 – Responsibilities and Obligations of all Member
4.1 Abide by the Dynamic Ace Global Business Policies/Amendments/Duty of Good Faith: At all times, Member must adhere strictly to the guidelines, procedures and policies stated in the Dynamic Ace Global Business Policies of which these Code of Conduct are a part, in addition to the Dynamic Ace Global Sales and Marketing Plan, and, in each case, any amendments made to such from time to time. All Members are charged with the duty of good faith and fair dealing under the terms of the Membership Contract.
4.1.1 Cooperation with Investigations: Members shall cooperate in any investigation undertaken by Dynamic Ace Global into activities that are potentially in contravention of his or her Membership or the Membership of another Member.
4.2 Cross Group Buying or Selling/ Supplying: No Member shall engage in cross-group buying or selling / supplying. “Cross group buying and selling / supplying” occurs when a Member sells or supplies Dynamic Ace Global distributed or supplied products and/or services to another Member who is not personally sponsored and downline of those sponsored, down to the next Platinum.
4.2.1 A Member must only purchase Dynamic Ace Global products and services and Dynamic Ace Global BSM directly from his or her Sponsor, or Dynamic Ace Global.
4.2.2 A Member must not sell or supply Dynamic Ace Global products and services to another Member who is not personally sponsored and downline of those sponsored, down to the next Platinum.
4.3 Retail Stores: No Member shall permit Dynamic Ace Global products or services to be sold or displayed in retail establishments whose main purpose is the sale of products and services to the public, including, but not limited to places like schools, fairs, shops, flea markets, auctions, kiosks, internet web sites or military bases; nor shall he or she permit any Dynamic Ace Global products or services to appear in such locations even if the products or services are not for sale. No promotional material related to Dynamic Ace Global products or services or Dynamic Ace Global literature shall be displayed in retail establishments.
4.3.1 A Member who works in or owns a retail store must operate his or her Membership separate and apart from the retail store. Such Member must secure customers for his/her Dynamic Ace Global business in the same manner as Member who have no connection with a retail store and otherwise abide by this Code
4.3.2 Other types of retail establishments, which are not technically stores, such as barber shops, beauty shops, or professional offices, etc., likewise may not be used to display Dynamic Ace Global products, information about Dynamic Ace Global services, or promotional material related to Dynamic Ace Global products or services or Dynamic Ace Global literature.
4.3.3 A Member may not present the Dynamic Ace Global Sales and Marketing Plan or solicit participation in the Dynamic Ace Global Sales and Marketing Plan through any broadcast communication methods including mass mailings, telemarketing, national or international advertising, radio, television, facsimile services, computer communication networks including the Internet, Websites, Blogs and e-Commerce Stores, or any other means by which personal contact with a Prospect is not present.
4.3.4 Trading of points below the market rate with the intention of earning profit is not allowed.
4.4 Truthful and Accurate: No Member shall make any offer to sell any Dynamic Ace Global products or services which are not accurate and truthful as to price, grade, quality, performance, and availability. Member shall not:
4.4.1 Make exaggerated product claims not authorized by Dynamic Ace Global with regards to Dynamic Ace Global’s products or products distributed by Dynamic Ace Global;
4.4.2 In any way whatsoever, represent Dynamic Ace Global incorrectly with regard to prices, quality, standards, grades, contents, style or model, place of origin or availability of Dynamic Ace Global’s products or products distributed by Dynamic Ace Global;
4.4.3 State that Dynamic Ace Global’s products or products distributed by Dynamic Ace Global are backed, approved, or present any features as regards to yield, accessories, uses or benefits that they do not have, or
4.4.4 Act or present in any way whatsoever Dynamic Ace Global, its products or the products Dynamic Ace Global distributes, in a fraudulent manner or promote products that do not belong to Dynamic Ace Global as if they did.
4.5 Repackaging: Member may not repackage products, change the content of products or otherwise change or alter any of the packaging labels of Dynamic Ace Global products or services.
4.6 Written Sales Receipt: A Member who takes and/or delivers an order in person shall deliver to the customer at the time of sale, a written and dated order or receipt which shall: (a) describe the product(s) sold, (b) state the price charged, and (c) give the name, address, and telephone number of the selling Member.
4.7 Compliance with Applicable Laws, Regulations and Codes: Members shall comply with all laws, regulations and codes that apply to the operation of their Membership wherever their business may be conducted. Members must not conduct any activity that could jeopardize the reputation of the Member and/or Dynamic Ace Global. Upon request, Members shall forthrightly provide any information requested about an Member’s activities or any other activities known by the Member (even with respect to other Members). In all such communications with Dynamic Ace Global, the Member shall act with absolute candor and good faith.
4.8 Deceptive or Unlawful Trade Practices: No Member shall engage in any deceptive or unlawful trade practice.
4.9 Unlawful Business Enterprises or Activities: An Member shall not operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity.
4.10 Professionalism: A Member shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage in any high-pressure tactics, but shall make a fair presentation of Dynamic Ace Global products or services, or the Dynamic Ace Global Sales and Marketing Plan, when and where appropriate.
4.11 Member Relationship: No Member shall represent that he or she has any employment relationship with Dynamic Ace Global or any of its affiliated companies and/or other Member.
4.11.1 Members shall not give a false representation as to the nature of the relationship between Dynamic Ace Global and its Members, or make any representation, except in accordance with the explanation given in the Dynamic Ace Global Business Plan and Dynamic Ace Global Business Policies or other official literature of Dynamic Ace Global. A Member is required to indemnify Dynamic Ace Global for the cost, damage or prejudice stemming from such false representation, including any legal fees Dynamic Ace Global may have incurred.
4.11.2 Members shall not imply that they are employees of Dynamic Ace Global, nor shall they refer to themselves as “agents,” “managers,” or “company representatives”, nor shall they use such terminology or descriptive phrases on their stationary or other printed materials.
4.11.3 Members may not use their business cards to create the impression that they are in an employment relationship with Dynamic Ace Global.
4.12 Franchises and Territories: No Member shall represent to anyone that there are exclusive franchises or territories available under the Dynamic Ace Global Sales & Marketing Plan.
4.13 Other Selling Activities: Member may not take advantage of their knowledge of or association with other Member, including their knowledge resulting from or relating to the Sponsor Genealogy and Placement Genealogy, in order to promote and expand other business ventures. Such conduct constitutes an unwarranted and unreasonable interference with the business contract of other Members and Dynamic Ace Global.
4.13.1 Members shall not solicit, directly or indirectly, other Member in order to sell, offer to sell, or promote other products, services, or business opportunities not offered or marketed by Dynamic Ace Global. This Code also applies to investments, securities, and loans, regardless of their source.
4.13.2 Members shall not sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Dynamic Ace Global Sales and Marketing Plan.
4.14 Interference in another Member’s Membership; Inducement: It is a breach of the Code of Conduct or the Dynamic Ace Global Business Policies for a Member to:
4.14.1 Interfere or attempt to interfere with another Member’s Membership; or
4.14.2 Induce or attempt to induce another Member to change his/her Sponsor Genealogy and Placement Genealogy, to transfer or abandon his/her Membership, or to sponsor or not sponsor a particular Prospect; or
4.14.3 To induce or attempt to induce another Member to deny training, education, motivation or other support to a downline Member; or
4.14.4 To induce or attempt to induce another Member to breach any Code of Conduct or the Dynamic Ace Global Business Policies.
4.15 Exporting Dynamic Ace Global’s Products: No Member may export or import, or sell to others who import or export, Dynamic Ace Global’s products from any other country in which Dynamic Ace Global has established operations, into any country regardless of whether or not Dynamic Ace Global is doing business in that country.
4.16 Retail Effort Code: Dynamic Ace Global pays bonuses under the Dynamic Ace Global Sales & Marketing Plan based on sales to end consumers. For a Member to be entitled to bonuses and/or qualification under the Dynamic Ace Global Sales & Marketing Plan, that Member’s purchases must be consumed or sold to end consumers within a reasonable period as determined by Dynamic Ace Global. Dynamic Ace Global reserves the right to deny all qualifications, awards and rewards if in Dynamic Ace Global’s judgment, the Member’s purchases are not in compliance to this Code.
4.16.1 Dynamic Ace Global does not require stock keeping or purchase of inventory. Members may not purchase or counsel other Members to purchase product for any purpose other than the provision of such product to end consumers.
4.17 Unsolicited E-mail Messages: No Member shall send, transmit, or otherwise communicate any unsolicited electronic mail messages in whatever format to persons with whom the Member does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending e-mails, postings in news groups, mass SMS messages (Short Messaging System) purchased mailing lists, “safe lists”, similar electronic short messaging system such as What’s App, Wechat, Line and Telegram, or other lists of individuals or entities with which the Member does not have a relationship.)
4.18 Fundraising: No Member shall use Dynamic Ace Global products in conjunction with any type of fundraising activity. Fundraising includes but is not limited to the solicitation for the purchase of Dynamic Ace Global products or services based on the representation that all, or some, of the gains, proceeds, bonuses, or profits generated by such sale will benefit a particular group, organization or cause. Dynamic Ace Global Sales and Marketing Plan Manipulation: No Member shall manipulate the Dynamic Ace Global Sales and Marketing Plan or award volume in any way which results in the payment of Bonuses or other awards and recognition that have not been earned in accordance with the terms of the Dynamic Ace Global Sales and Marketing Plan and/or the Dynamic Ace Global Business Plan. In this regard, the strategic and artificial structuring of an Dynamic Ace Global Sponsor Genealogy and Placement Genealogy for the purpose of depth building, whether or not there are relationships between those who are sponsored and those who sponsor, is considered to be manipulation and an unacceptable business practice. Dynamic Ace Global at its sole discretion will determine what constitutes manipulation of the Dynamic Ace Global Sales and Marketing Plan.
4.19 Personal/Business Information Update: All Members are responsible for communicating any updates or changes to their personal information (e.g., name, address, and telephone numbers, etc.) or business information (e.g., change of business status, etc.) to Dynamic Ace Global.
4.20 Proprietary Information: In addition to the provisions contained in Code 9 of the Code of Conduct, pertaining to the use of the Dynamic Ace Global trade name, trademarks and copyrighted materials, Dynamic Ace Global’s confidential and proprietary business information including, by way of example and not limitation, Sponsor Genealogy and Placement Genealogy information (i.e., information compiled by Dynamic Ace Global that discloses or relates to all or part of the specific arrangement of sponsorship within the Dynamic Ace Global business, including, without limitation, Member lists, sponsorship trees, and all Members or Dynamic Ace Global business information generated there from, in its present and future forms), business information, manufacturing and product development, business plans, and Member sales, earnings and other financial information, etc., constitute commercially advantageous, unique, and proprietary trade secret and business secrets of Dynamic Ace Global which it keeps proprietary and confidential and treats as a trade secret and business secret and constitute “Proprietary Information” subject to the Membership Contract.
4.20.1 Dynamic Ace Global is the exclusive owner of all Proprietary Information, which is derived, compiled, configured, and maintained by Dynamic Ace Global. The Member acknowledges all proprietary information is owned by Dynamic Ace Global through the considerable expenditure of time effort and resources.
4.20.2 Members are granted a personal, non-exclusive, non-transferable and revocable right by Dynamic Ace Global to use Proprietary Information only as necessary to facilitate their Dynamic Ace Global Business as contemplated under the Code of Conduct including, for example, the Confidentiality Policy and other terms and conditions of the Membership Contract. Dynamic Ace Global reserves the right to deny or revoke this right, upon reasonable notice to the Member stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Dynamic Ace Global, such is necessary to protect the confidentiality or value of Proprietary Information.
4.20.3 All Members shall maintain Proprietary Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard Proprietary Information and maintain the confidentiality.
4.20.4 An Member shall not compile, organize, access, create lists of, or otherwise use or disclose Proprietary Information except as authorized by Dynamic Ace Global. An Member shall not disclose Proprietary Information to any third party, or use Proprietary Information in connection with any other businesses.
4.20.5 Use or disclosure of Proprietary Information, other than as authorized by Dynamic Ace Global, shall cause significant and irreparable harm to Dynamic Ace Global, and Dynamic Ace Global may claim appropriate, compensation for damages as well as demand an Member refrain from the harmful conduct as well as seek any other remedies under applicable laws.
4.20.6 In case of disclosure of the Proprietary Information, voluntary or not, by an Member to any third person, the Member should immediately notify Dynamic Ace Global about that fact and take the necessary measures in order to (a) prevent further disclosure by such third party and (b) oblige such third party to sign a confidentiality and non-disclosure agreement for the benefit of Dynamic Ace Global and under no less stringent terms that those provided within this Code 4.21.
4.20.7 A Member shall promptly return any and all Proprietary Information or any copy of same to Dynamic Ace Global upon resignation, expiration, failure to maintain, denial of extension or termination of his or her Membership and shall refrain from any further use.
4.20.8 The confidentiality obligations set out in this Code 4.22 shall survive during the term of the Membership Contract as well as after the date of its expiration or termination by any cause.
4.21 Presentation Code The content of the presentations which include or support the promotion of the retailing of Dynamic Ace Global™ products and services, or the Dynamic Ace Global Sales and Marketing Plan, must otherwise be in accordance with the following:
4.21.1 Members shall not: exaggerate income representations by relating it to or incorporating it with other income and suggesting that it is the result of building the Dynamic Ace Global business; substitute group or non-Dynamic Ace Global organizational identity for the Dynamic Ace Global business. The Dynamic Ace Global business must always be clearly identified without any ambiguity to the participants during the course of the presentation; advocate, imply or give the impression that success can be achieved through promoting personal consumption with no requirement to sell or promote inappropriate product usage and/or claims; promote one’s Sponsor Genealogy and Placement Genealogy, affiliation or group in any manner that will give rise to or likely to give rise to resentment by or cause any detriment to others; misrepresent whether directly or indirectly and by whatever means the relationship of the Member to Dynamic Ace Global, for example, suggesting or implying that Dynamic Ace Global is “just a supplier”, or that the Member represents a business opportunity of which “Dynamic Ace Global is a part”, or that the Member “outsources” administrative support to Dynamic Ace Global, etc.; promote any other business opportunity other than the Dynamic Ace Global Business or solicit any participants to attend meetings for the purpose of presenting another business opportunity at any time; or, use the meeting as a platform to promote or advocate religious, political and/or personal social beliefs
4.21.2 Personal reflections on the following are not appropriate: a. social and cultural issues; b. preferences regarding specific political views, parties, candidates or elected officials.
4.21.3 Discussions must only relate to ethics and positive attitudes that will assist and encourage the Member’s and Dynamic Ace Global’s products, services and business
4.21.4 Income representations, whether direct or implied, must reflect a realistic income potential from participation in the Dynamic Ace Global Sales & Marketing Plan
4.22 Activity Outside Malaysia or Activity Outside The Market Where The Member Is Registered: Members who engage, directly or indirectly, in any activity related to the Dynamic Ace Global business in a jurisdiction outside of Malaysia must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, codes and rules, policies and procedures of the Dynamic Ace Global affiliate in that jurisdiction, regardless of whether they are registered Members in that jurisdiction. Failure to do so shall be a breach of the Membership Contract.
Section 5 – Responsibilities and Obligations of all Sponsors
5.1 Duties and Responsibilities of Sponsors: An Member who engages in sponsoring activity or who sponsors an Member shall:
5.1.1 Be in compliance with the Membership Contract and meet all requirements as set forth in the Membership Contract including Dynamic Ace Global Business Policies.
5.1.2 Train and motivate the sponsored Member in accordance with Dynamic Ace Global Business Policies, or cooperate with the upline Platinum to ensure that this training and motivation occurs.
5.1.3 Ensure that the Member whom they have personally sponsored and downline of those sponsored, to the next Platinum, fully comply with the Dynamic Ace Global Code of Conduct and the terms of the Membership Contract including the Dynamic Ace Global Business Policies, and all applicable laws and regulations.
5.1.4 Encourage Members whom they have personally sponsored and downline of those sponsored, to the next Platinum, to attend official Dynamic Ace Global meetings and functions.
5.1.5 Explain the responsibilities and obligations of an Member under the Membership Contract, including the Dynamic Ace Global Business Policies and instruct the sponsored Member on how to operate a Membership in accordance with the Dynamic Ace Global Business Policies, in addition to the Dynamic Ace Global Business Plan and other official Dynamic Ace Global literature.
5.1.6 Support and comply with the Code of Conduct and educate and assure that other Members whom they have personally sponsored and downline of those sponsored, to the next Platinum do the same.
5.1.7 Protect the sponsorship rights of each Member whom they have personally sponsored and downline of those sponsored, to the next Platinum.
Section 6 – Preservation of the Sponsor Genealogy and Placement Genealogy
6.1 Protection of the Sponsor Genealogy and Placement Genealogy: The sale of an ownership interest in a Membership, transferring a Membership, requires prior approval by Dynamic Ace Global. This approval shall be at Dynamic Ace Global’s sole discretion.
6.1.1 The transfer of a Member, with or without his/her personally sponsored and downline of those sponsored, moves the sponsorship of that Membership from one Member to another.
6.1.2 When a Membership is sold, such Membership shall remain in the same position in the Sponsor Genealogy and Placement Genealogy.
6.1.3 Transfers may not be used to strategically or artificially restructure any part of the Sponsor Genealogy and Placement Genealogy.
6.2 Individual Transfers: An individual transfer involves the transfer of a Member without any of his or her sponsored Members. Without limiting or restricting in anyway Dynamic Ace Global’s powers and discretion under Code 6.1 above:
6.2.1 Any Member who wants to change Sponsors must submit a written request to Dynamic Ace Global accompanied by (1) a written release signed by all Members upline up to and including the first qualified Platinum or above, and (2) a written acceptance from the new Sponsor and new Platinum or above. The written acceptance from the new Sponsor and Platinum or above confirms that they will incur all responsibilities of the transferring Member.
6.2.2 Dynamic Ace Global will also contact any International Sponsor and International Leadership Bonus recipients and will allow 30 days for comment.
6.3 Group Transfers: A group transfer involves the transfer of a Member with all or some of his/her personally sponsored and downline of those sponsored. Without limiting or restricting in any way Dynamic Ace Global’s powers and discretion under 6.1 above:
6.3.1 A Member who wishes to transfer to a different Sponsor with all or part of his/her personally sponsored and downline of those sponsored, must submit a written request to Dynamic Ace Global accompanied by the written consent from all downline Members, who wish to transfer, down to the first Member who is qualified at the Platinum or above level and all Members who are qualified at the Platinum or above level up to and including the first Member who is qualified at the Emerald or above level.
6.3.1.1 If the first upline Member who is qualified at a formal award level is a qualified Emerald or above, written consent must be received from the next Member who is qualified at the Platinum or above level who is upline from that Emerald.
6.3.1.2 Dynamic Ace Global will then notify the first qualified upline Diamond and allow 14 days for comment.
6.3.2 The transfer request must be accompanied by written consent of all those Members, including those internationally sponsored, who the transferring Member wishes to take with him or her and the written acceptance of the Member in the Sponsor Genealogy and Placement Genealogy to which the requester wants to be transferred.
6.3.2.1 Dynamic Ace Global will also contact any International Sponsor and International Leadership Bonus recipient and will allow 30 days for comment.
6.3.3 No Member currently recognized by the company as a Group Leader can be transferred with his/her personally sponsored and downline of those sponsored under this Code.
6.3.3.1 A former Group Leader Member may be transferred with his/her personally sponsored and downline of those sponsored only if more than 2 full years have elapsed since the last month in which the Member was recognized as such, provided there has been compliance with the procedures outlined above.
6.4 Six Month Inactivity: A Member who wishes to terminate (by resignation or failure to extend) his or her Membership under his or her present Sponsor and who thereafter becomes inactive for a period of six or more consecutive months shall cease to be an authorized Member and may, following the lapse of said inactive period, apply as a new Member under a new Sponsor. The date on which Dynamic Ace Global receives the letter of resignation begins the inactivity period. A person who has not maintained his/her Membership will be considered expired and must remain inactive six months from the beginning of the following month.
6.4.1 To sponsor a Member under this Code, the applicant must complete a new Membership Contract which may be obtained from Dynamic Ace Global. When Dynamic Ace Global receives a Membership Contract, it notifies the original Member at the Platinum or above level of the fact and grants him or her 14 days to file an objection to the inactivity claim. If evidence of activity during the six-month period is substantiated, Dynamic Ace Global will refuse to honor the sponsorship under the new Sponsor. The right of a Member to contest the sponsorship of a former Member who is now sponsored under a different Sponsor ceases when two years have elapsed since the date Dynamic Ace Global accepted the application under the new Sponsor.
6.4.2 Definition of Inactivity: Inactivity for purposes of this Code shall mean that during the period of inactivity, the Member shall be completely inactive, which means such Member:
6.4.2.1 Shall not have purchased products or services of Dynamic Ace Global as a Member for personal use (although he or she may do so as a customer)
6.4.2.2 Shall not have sold or supply any products or services of Dynamic Ace Global except pursuant to the “buy-back” policy, shall not have engaged in any phase of a product sale/purchase (e.g., taking an order, making a delivery, or accepting payment);
6.4.2.3 Shall not have presented the Dynamic Ace Global Sales and Marketing Plan to any Prospect;
6.4.2.4 Shall not have filed an Intent to Continue for the extension of his or her Membership; and
6.4.2.5 Shall not have attended any recruiting, training, or motivational meeting conducted by any Member or any Dynamic Ace Global-sponsored meetings;
6.4.2.6 For purposes of this Code, the following shall NOT constitute activity and do not, therefore, interrupt the running of the six-month inactivity period so long as the former Member is otherwise inactive:
6.4.2.6.1 Procuring and/or submitting a written request for transfer;
6.4.2.6.2 Filing a request for the review of an Dynamic Ace Global decision by an International Review Panel; or
6.4.2.6.3 Directing an inquiry to Dynamic Ace Global as to the status of his or her Membership.
6.4.2.7 During the inactive period, the former Member must not participate in any activity under another Membership in the name of his or her parents, siblings, or others or he or she shall be determined as “active” for the purposes of this Code.
6.4.2.8 When either a husband or wife is a Member, both must fulfill the six-month inactivity requirements before one can be sponsored again as a Member.
6.4.2.9 If the Member who is changing Sponsors under this Code also has any internationally sponsored Members, the Member’s internationally sponsored Members are forfeited once the six-month inactivity period has begun.
6.4.2.10 If the Member who is changing Sponsors under this Code also owns Dynamic Ace Global businesses in other markets, he/she must elect one of them to be the International Sponsor of his/her new Membership when completing the new Membership Contract.
6.4.3 Two Year Inactivity: A Member who transfers to or who following six or more months of inactivity applies for sponsorship under a Sponsor in a different Sponsor Genealogy and Placement Genealogy pursuant to the provisions of this Code, may not be sponsored by any Member who was previously above him or her in the original Sponsor Genealogy and Placement Genealogy up to and including the first Member qualified at the Platinum or above level, or below him/her in his/her former personally sponsored and downline of those sponsored, down to and including the first Member qualified at the Platinum or above level, unless at least two years have elapsed since the termination of his or her Membership.
6.4.4. Members who transfers to, or who, following six or more months of inactivity, is sponsored under a Sponsor in a different Sponsor Genealogy and Placement Genealogy pursuant to the provisions of this Code, shall have no right to sponsor in the new Sponsor Genealogy and Placement Genealogy any Members who was previously above him or her in the original Sponsor Genealogy and Placement Genealogy up to and including the first Member qualified at the Platinum or above level, or below him or her in his or her former personally sponsored and downline of those sponsored, down to and including the first Member qualified at the Platinum or above level. However, a Member who has been inactive for a period of two years following his or her resignation may be sponsored by any sponsor, including his or her former Sponsor who may have since been transferred to or sponsored by a different Sponsor.
6.4.5 A Member who has declared inactivity in one market may continue to operate as an Dynamic Ace Global Member in any other market in which he/she has a Membership, during the terms of his/her inactivity in the other markets.
6.4.6 A formerly fostered sponsored Member may sponsor again subject to paragraphs 6.4.1,
6.4.2, 6.4.3, and 6.4.4 and the following conditions:
6.4.6.1 At the time of application, the former Member must specify whether or not he wishes to be internationally and foster sponsored again, and
6.4.6.2 A former Member may not be personally sponsored by a Sponsor who was previously above him or her in the original line of foster sponsorship up to and including the first Member qualified at the Platinum or above level, or below him or her in his or her original Sponsor Genealogy and Placement Genealogy down to and including the first Member qualified at the Platinum or above level unless two or more years have elapsed since the termination of his or her Membership.
6.4.7 Corrective Action: If any provisions to this Code are violated, Dynamic Ace Global may take corrective action, which may include, but is not limited to, the termination of the violating Member’s Membership, and transfer of his or her former personally sponsored and downline of those sponsored and/or the Business Volume generated during the period of violation to the appropriate Sponsor Genealogy and Placement Genealogy.
6.5 Sale of a Membership: A Member who owns a Membership (whether or not qualified as Platinum or above) may not sell his or her Membership only to another person including authorized Member as prescribed by this Code.
6.6 One Dynamic Ace Global Business Code: A Member may own, have an interest in, be a signatory on or be listed as a designee on only one Membership, except as provided in Code
6.6.1 – 6.6.5. Only under the following circumstances may a Member have ownership interest in more than one Membership:
6.6.1 Where two Members marry and one or both have attained the Platinum or above level prior to marriage pursuant to Code 3.2.2;
6.6.2 Where a Member (transferor), in order to facilitate the transfer of his or her Membership in the event of his or her death, requests to assign the Membership to another existing Member pursuant to Code 10; or,
6.6.3 Where an existing Member inherits a Membership pursuant to Code 10.
6.6.4 In the event a Member owns or has an ownership interest in two or more Memberships pursuant to this Code, Dynamic Ace Global shall continue to recognize such Memberships as separate Memberships and will only recognize them as separate, individual Memberships for all purposes including, for award and Bonus purposes.
6.7 Mergers and Combinations of Memberships: No merger or combination of two or more existing Memberships by reason of intentional affirmative act on the part of the owners shall be permitted which results in the merging Memberships obtaining any level of achievement.
6.7.1 Only those mergers or combinations resulting from failure to file a Notice of Intent to Maintain form, termination, resignation, death (with no designation of succession by heirs), or some involuntary event or cause beyond the control of any of the owners, shall be permitted, provided, however, that the merging business has fewer than two (2) qualified legs. A permissible merger and combination must not be implemented until same has been reviewed and approved by Dynamic Ace Global.
6.7.2 Under no circumstances will Dynamic Ace Global approve a merger which results in an Member attaining a higher award level.
6.8 Divorce, Separation, or Other Dissolution: Whenever a business is ordered to be separated or divided as the result of a divorce, dissolution of a corporation or partnership (where applicable), the separation or division must be accomplished in such a way as to not adversely affect the interests and/or income of the Member in the Sponsor Genealogy and Placement Genealogy. During the division or separation process, neither party shall administer or operate, together or separately, any other Membership without Dynamic Ace Global’s express written consent.
6.8.1 Divorce: Upon divorce of a married couple one of whom is a signatory to a Membership Contract, Dynamic Ace Global shall continue to recognize the signatory to the Membership Contract as the Member and shall pay Bonuses and grant awards and rewards to such Member only. Dynamic Ace Global will continue to treat the Membership as a single entity and for the purposes of this contract the individuals formerly married are still bound by Code 3.2, 3.11, and 4.14 as they deal with spousal issues. Any arrangements between divorced spouses with respect to proceeds from an Dynamic Ace Global Business of one of the spouses must be handled by the divorcing spouses. Absent the express written consent of Dynamic Ace Global, no arrangements shall be made to divide proceeds or to share awards or rewards between divorced spouses.
6.8.2 Dissolution of a Legal Entity Operating an Membership: Absent the express written agreement of Dynamic Ace Global to the contrary, prior to dissolution of a legal entity that is a signatory to an Membership Contract, the Membership Contract may be assigned to the authorized representative of the legal entity who signed the Membership Contract originally on behalf of the company, or the Membership may be sold in accordance with Code 6.5 of the Code of Conduct. The failure to either assign the Membership Contract to the authorized representative or to sell the Membership in accordance with Code 6.5 of the Code of Conduct shall result in abandonment of the Membership in accordance with Section 13 of the Code of Conduct.
6.9 Disposition of a Membership: If a Member terminates his/her Membership with Dynamic Ace Global, or fails to apply for extension of the Membership within the required time period, or dies without leaving heirs who are willing and able to assume responsibility for the Membership, Dynamic Ace Global, at its sole discretion, shall decide the future of the Membership in accordance with Section 13.
6.10 Non-Compete/ Non-Solicitation: (a) Non-Compete: A Member shall not, for a period of 6 months after the termination of his/her contract of Membership with Dynamic Ace Global, engage in or carry on any business or service, either directly or indirectly, which may be considered to be in competition with or similar to the businesses of Dynamic Ace Global, whether for his/her own account, or for the account of any other person in Malaysia and Brunei, using or exploiting any confidential information belonging to Dynamic Ace Global, its customers or Members. Confidential information includes the proprietary information under Code 4.22, but is not limited to: Dynamic Ace Global’s Sponsor Genealogy and Placement Genealogy information, Dynamic Ace Global’s Sales and Marketing Plan, marketing strategies, technology, know-how, customer lists and contacts, Member lists and contacts, customer portfolios, costs of production and marketing, product costs, prices, quoted prices, specific needs and requirements of customers and suppliers, status of all ongoing negotiations with customers, price lists, and any other information which by its nature could be considered to be confidential. (b) Non-Solicitation: A Member shall not, during the existence of his/her contract of Membership with Dynamic Ace Global, and for a period of 24 months after the termination of his/her contract of Membership with Dynamic Ace Global, whether for his/her own account, or for the account of any other person in Malaysia and Brunei, solicit, induce, attempt to solicit, attempt to induce, or otherwise entice away from Dynamic Ace Global, any of its Members in Malaysia and Brunei. Furthermore, a Member shall not use or exploit Dynamic Ace Global’s confidential and proprietary information which includes but is not limited to Dynamic Ace Global’s Sponsor Genealogy and Placement Genealogy information, Dynamic Ace Global’s sales and marketing plan, marketing strategies, technology, know-how, customer lists and contacts, Member lists and contacts, customer portfolios, costs of production and marketing, product costs, prices, quoted prices, specific needs and requirements of customers and suppliers, status of all ongoing negotiations with customers, price lists, and any other information which by its nature could be considered to be confidential.
Section 7 –Non-Dynamic Ace Global Produced Business Support Materials (BSM)
While Dynamic Ace Global does not require anybody to purchase BSM, Members may decide that they can play a useful role in building a profitable business or achieving goals. BSM are entirely optional and any Member who chooses to promote, use, sell or distributes BSM must emphasize that the purchase is strictly voluntary. All BSM utilized in building a Membership or selling an Dynamic Ace Global product must comply with the Code of Conduct, the Business Support Materials Policy, and the Dynamic Ace Global Business Policies. BSM may not be sold to non-Member nor can the purchase of any BSM be framed as a requirement for becoming a Member. Dynamic Ace Global does not endorse any BSM. At its sole discretion, Dynamic Ace Global may review any BSM and determine whether or not it is suitable for use in the market. Dynamic Ace Global’s review would be solely for the determination of compliance with its Code of Conduct, Review Standards, Business Practices and Dynamic Ace Global Policies, including quality control procedures (“Quality Control”). Members are responsible for compliance with all laws regarding the content, production, distribution, and sale or use of BSM. For further clarification of this Code, refer to the Affiliates BSM Policy.
7.1 Member Only: Member may produce BSM dealing with general subjects of a “howto” nature; however, they must bear the legend “For Existing Member Only – Not for use with Prospects.”
7.1.1 Member who chooses to use, sell or distribute BSM, including tickets to seminars and events, may not suggest, or imply that the use of any such materials will guarantee success. All BSM shall contain the following or substantially equivalent language in a format and placement indicated by Dynamic Ace Global: “No one can guarantee that these techniques and approaches will work for you. We hope, however, that the ideas presented here will assist you in developing a strong and profitable business. These materials have been published independently of Dynamic Ace Global. ” The above language or its equivalent must appear on all seminar and event tickets.
7.2 Review: Dynamic Ace Global reserves the right to require submission of all BSM for review and authorization at its sole discretion. As a result of such review, Dynamic Ace Global may require that such BSM be modified and/or take other appropriate action(s).
Section 8 – Presentation of the Dynamic Ace Global Sales and Marketing Plan
8.1 Must not Give False Impression: When inviting a prospect to hear a presentation of the Dynamic Ace Global Sales and Marketing Plan, a Member shall neither directly or indirectly:
8.1.1 Give the impression that the Dynamic Ace Global Sales and Marketing Plan relates to an employment opportunity (in accordance with Code 4.11);
8.1.2 Imply that the invitation is to a social event;
8.1.3 Disguise the invitation as a “market survey;”
8.1.4 Promote the event as a “tax seminar;” as stated in Code 8.3.3;
8.1.5 Promote the Dynamic Ace Global Business Opportunity as a business relationship with a person, company, or organization other than Dynamic Ace Global as stated in Code 4.23.1 sub point (e) above;
8.1.6 Directly or indirectly indicate that such products are merely one line of products distributed through or as a part of a brokerage, consignment, or intermediary business operated by a person, company or organization other than Dynamic Ace Global;
8.1.7 Directly or indirectly indicate that the Dynamic Ace Global Business Opportunity, Member or products and services merchandised through Dynamic Ace Global are part of any business other than the Dynamic Ace Global Business Opportunity as defined in the Code of Conduct and other official Dynamic Ace Global literature;
8.1.8 Fail to affirmatively indicate in connection with such invitation the true nature of such presentation and that the presentation is about the Dynamic Ace Global Sales and Marketing Plan and the Dynamic Ace Global Business Opportunity; or
8.1.9 Engage in any other direct or indirect misrepresentation of the Dynamic Ace Global Business Opportunity and the Member’s relationship to Dynamic Ace Global and the nature of this the Dynamic Ace Global Business, or omit any information that a person receiving such an invitation or attending or otherwise participating in such a presentation or event could reasonably be expected to need in order to properly evaluate the Dynamic Ace Global Business Opportunity, Dynamic Ace Global products and services.
8.1.10 Or in any other way violate Code 4.23 above.
8.2 First Contact with Prospects: It is a breach of the Code of Conduct or the Dynamic Ace Global Business Policies for a Member to mislead or fail to inform a Prospect Member the nature of the Member activities and, therefore, at the first contact with Prospects, a Member must:
8.2.1 Introduce himself/herself by name;
8.2.2 Truthfully and honestly represent the Dynamic Ace Global Sales and Marketing Plan, its products and/or services;
8.2.3 Truthfully and honestly respond with full transparency and candor to any questions that the Prospect has concerning the Dynamic Ace Global Business Opportunity, Dynamic Ace Global products and services, the Member or Dynamic Ace Global.
8.3 Sponsorship Ethics: In seeking participation of a prospect in the Dynamic Ace Global Sales and Marketing Plan, the sponsoring Member must comply with Code 4.23 above as well as the following:
8.3.1 Must not say that a successful Membership can be built in the form of a “wholesale buying club”, where the only products bought and sold are those transferred to other Members for their personal use.
8.3.2 Must not say that there is no requirement for the retail sale or marketing of products by Members.
8.3.3 Must not promote the enjoyment of tax benefits as the best or principal reason for becoming a Member.
8.3.4 Must not say that the business is a “get-rich-quick” opportunity in which it is easy to achieve success with little or no expenditure of effort or time. In the event that another Member is used as an example for success, that Members success must be verifiable and substantiated.
8.3.5 Must not use any broadcast communication methods including mass mailings, telemarketing, national or international advertising, radio, television, facsimile services, computer communication networks including the Internet, or any other means by which personal contact is not present to secure Clients or to solicit the sale of products.
8.3.6 A Member must not misrepresent the relationship between Dynamic Ace Global and any other company affiliated with Dynamic Ace Global.
8.4 No Exclusive Territories: No Member shall represent that there are exclusive territories available. It is a breach of the terms of Membership to make such a representation.
8.5 No Obligation to Purchase: A Member shall not require a Prospect to purchase products and/or services and/or that a deposit is required in order to participate, nor that there is a fee under the form of a training course, seminar, social event or similar activity in order to have the right to participate, except for the Dynamic Ace Global Business Kit. It is a breach of the terms of Membership to make such a representation.
Section 9 –Use of the Dynamic Ace Global Trade Name, Trademarks and Copyrighted Materials
This Code has been developed to maintain the integrity of Dynamic Ace Global’s intellectual property and to ensure that the Dynamic Ace Global brand will be available exclusively for the Dynamic Ace Global Business. In addition, Dynamic Ace Global has implemented a corporate identity program that requires the correct and consistent use of the Dynamic Ace Global corporate logo, no matter where it appears. Therefore, no alterations to the approved logotype are allowed. Upon request, Dynamic Ace Global will provide an example of the approved logotype and color specifications.
9.1 Misuse and Misappropriation: Members shall not misuse or misappropriate Dynamic Ace Global’s trademarks or other intellectual property or proprietary information. It is a breach of the Membership Contract for a Member to use any trademarks or other intellectual property or proprietary information belonging to or licensed to Dynamic Ace Global except in accordance with the applicable terms, conditions and procedures set forth in the Membership Contract, including the Dynamic Ace Global Code and Policies.
9.1.1 Each Member acknowledges and agrees that Dynamic Ace Global is the licensee of certain trademarks including, e.g., logos, service marks and other intellectual property and industrial property, including the name Dynamic Ace Global, and various trademarks, trade names and service marks used in connection with Dynamic Ace Global products and services, and the various designs or labels.
9.1.2 Members shall not use, in connection with his/her Dynamic Ace Global Business or any other business (including but not limited to, any business vehicle, office, phone listings, premises, or stationery) and/or on or in connection with any products, the Dynamic Ace Global name, or trademarks, service marks or other intellectual property belonging or licensed to Dynamic Ace Global without the prior written consent of Dynamic Ace Global and subject always to any conditions attached to such use except as otherwise provided herein. Dynamic Ace Global reserves the right to withdraw its consent at its absolute discretion.
9.2 Imprinted banners/signs for Meetings/Events: If an Member is at the Platinum level or above, and desires to conduct a meeting or event in which the Dynamic Ace Global name will be displayed in public, the Member must first obtain prior written approval from Dynamic Ace Global for such use of the Dynamic Ace Global name (A public meeting is one where prospects may attend). The Member shall provide a written request to Dynamic Ace Global for each meeting; such request shall include a description of the proposed banners/signs, their size, materials to be used for banner/signs and location.
9.2.1 Members must not produce or obtain any printed products from any source other than Dynamic Ace Global which bears the Dynamic Ace Global name, trademark, logo or trade name without written permission. Such permissions must be renewed for each Event/Meeting.
9.2.2 Dynamic Ace Global reserves the right at all times to withdraw permission to display the Dynamic Ace Global name if standards stated are not met, of which Dynamic Ace Global shall be the sole judge.
9.3 Imprinted Checks and Business Cards: Provided that a Member is otherwise in full compliance with the Code of Conduct and all other provisions of the Membership Contract, a Member may use the Dynamic Ace Global name (but not the Dynamic Ace Global trademark, logo or any other trademarks, trade names, or service marks belonging to or licensed to Dynamic Ace Global), on his imprinted checks and business cards provided that name is used in one of the following ways with no deviation: (common name) Dynamic Ace Global Member Or (common name) Member of Dynamic Ace Global products/services
9.3.1 Authorization for use of the Dynamic Ace Global name on Member business cards/checks must be requested in writing to Dynamic Ace Global’s Sales departments. This request will be reviewed by Dynamic Ace Global prior to approval.
9.3.2 Any written approval for the use of the Dynamic Ace Global name on checks and/or business cards must be renewed annually. No Member may refer to himself/herself other than as a Member on the checks/business cards.
9.3.3 A Member may not promote any other activities unrelated to the Dynamic Ace Global business on their imprinted checks and business cards, including but not limited to, the placement of information, trademarks, trade names, logos or service marks relative to any training or education company, system or program the Member owns, controls or participates in.
9.4 Promotional Literature, Stationery, Premiums, etc.: Members shall not produce or procure from a source other than Dynamic Ace Global any item bearing the Dynamic Ace Global name or logo or any trademarks, trade names or service marks belonging to or licensed to Dynamic Ace Global.
9.5 Use of Internet/Website:
9.5.1 Members may create a personal home page to provide and share information on their business and themselves with friends and downlines.
9.5.2 Members at their own cost may purchase hardware or software for computers, subscribe to the Internet service provider and maintain the site at their own cost.
9.5.3 Members web site must be pass code protected. Such pass codes must not be easily determined by uninvited individuals seeking entrance.
9.5.4 Use of the web site or any broadcast communication methods, including mass mailing, telemarketing, national or international advertising through radio, television, facsimile services, computer communications network or any other means by which person to person contact is not present, as a channel for the dissemination of mass communication or information whether in graphic, printed or audible form with the purpose of offering business opportunities, securing customers, selling or to promote the sales of products, or the sales or offer for sale of business support materials by Member is prohibited.
9.5.5 Members are prohibited from using the web site for sending, transmitting or otherwise communicating of any unsolicited e-mail messages to persons with whom the Member does not have a pre-existing personal or business relationship.
9.5.6 Web site content must comply with Dynamic Ace Global’s and must contain a privacy statement that is consistent with local laws.
9.5.7 Web sites are not to be used for the offer or sales of products and are to be operated and maintained in compliance with all Malaysia/Brunei laws, regulations and codes and there shall be no unauthorized use of intellectual property rights of others.
9.5.8 Members shall provide and register with Dynamic Ace Global their web site access pass code. Dynamic Ace Global shall have right of access to Members web sites and any contents deemed inappropriate by Dynamic Ace Global must be changed whether by way of editing, deletion or addition if Dynamic Ace Global so directs.
9.5.9 Meta tags of any kind are not permitted.
9.5.10 E-mail addresses are permitted but such e-mail addresses must not appear in the home page.
9.5.11 A prospective Members shall not be required as a condition to becoming a new Member or any currently authorized Member shall not be required as a condition to receiving assistance in the development of his/her business from his/her Sponsor, to purchase hardware or software for computers, subscribe to an Internet service provider or establish a web site.
9.5.12 Members shall not without the written consent of Dynamic Ace Global use Dynamic Ace Global’s intellectual property including trade or service marks or any variations likely to cause confusion with Dynamic Ace Global’s trade or service marks in their web site addresses or email addresses including a meta tag or other site locator.
9.5.13 Member shall not make any representations in their web sites that expressly or imply in any manner to guarantee success in any aspect of the Dynamic Ace Global Business Opportunity.
Section 10
10.1 Death and Inheritance: Upon the death of an Member, the Member’s interest in the Membership may be passed on to a relative or other designated person, subject to the laws on succession and Dynamic Ace Global’s acceptance of the assignment of the Membership pursuant to Code 3. Therefore, the original Member must make proper arrangements during their lifetime for the orderly and legal transfers of ownership of their Membership to their heirs. This is to ensure that downline Members will continue to receive proper service, training and motivation. In the event that the heirs do not take steps to take over the Membership, the Membership may be deemed abandoned in accordance with
10.1 When a Membership is deemed abandoned, the heirs shall have no further rights in the Membership. Dynamic Ace Global may then move up the Sponsor Genealogy and Placement Genealogy to the next qualified sponsor unless such a movement increases the number of 21% legs of the upline sponsor in which case the Membership shall be designated as a placeholder.
Section 11 – Breach of Contract; Procedures
Section 12 – Breach of Contract; Sanctions
12.1 Sanctions: In the event Dynamic Ace Global at it sole discretion determines that there has been a breach of the Code of Conduct or the Dynamic Ace Global Business Policies by a Member, Dynamic Ace Global may take one or more of the following actions:
12.1.1 Terminate the Membership by providing the Member with a written notice of termination at his/her specified address or by some other suitable or electronic means or as allowed by law; or
12.1.2 Require the Member to attend training; or
12.1.3 Suspend specific authorizations under the Membership, such as by way of example and without limitation, the Member opportunity to Sponsor, to purchase or sell Dynamic Ace Global products and services, or to conduct similar activities associated with the Dynamic Ace Global Business;
12.1.4 Remove the Member as a Sponsor of any downline Member also called “desponsoring” and/or restrict the Member’s authority to Sponsor others;
12.1.5 Require refund of Dynamic Ace Global Bonus;
12.1.6 Remove any qualification and require return of any objects evidencing such qualification (by way of example and not limitation, such as pins, certificates, etc.); or
12.1.7 Require written acknowledgement of the breach(es) and an undertaking not to breach the Membership Contract in the future; or
12.1.8 Take any action short of termination of the Membership as may be permissible under applicable law and appropriate in Dynamic Ace Global’s sole discretion to address the specific breach(es);
12.2 No Waiver: The failure of Dynamic Ace Global to take any action upon learning of a breach or potential breach shall not constitute a waiver of Dynamic Ace Global’s rights to assert such a breach in the future. The failure of a Member to take any action upon learning of a breach shall not constitute a waiver of any other rights or remedies that may be available under applicable law.
12.3 Suspension: Dynamic Ace Global reserves the right to determine the specific terms of each Suspension on a case by case basis. In the event of any breach of contract by a Member, Dynamic Ace Global may take action to suspend some or all of the Member’s privileges under the Membership, including but not limited to:
12.3.1 Withholding Bonus for payment of higher award monies pending final resolution of the matter; and/or
12.3.2 Suspending authorization to conduct sponsoring activity (sponsoring, recruiting meetings, training sessions, home presentations, etc.); and/or
12.3.3 Suspend invitations to company-sponsored seminars, trips and events; and/or
12.3.4 Conduct reorientation and retraining meetings; and/or
12.3.5 Require that Member provide Dynamic Ace Global with recordings of their Dynamic Ace Global Sales and Marketing Plan presentations.
12.4 Actions on Termination: Upon termination for any cause whatsoever, the Member shall:
12.4.1 Cease to identify himself/herself as a Member.
Section 13 – Disposition of Terminated or Non-Maintained Membership
Abandonment: When a Membership is terminated or not maintained, the Membership is considered abandoned, and the signatory to the Membership Contract shall have no further rights in the Membership. Dynamic Ace Global may Assign or Dissolve the Membership, pursuant to Code 13.1.1 and Code 13.1.2, the right to operate an Dynamic Ace Global business in the former Member’s position in the Sponsor Genealogy and Placement Genealogy to another Member, or may remove such position in the Sponsor Genealogy and Placement Genealogy, in its sole discretion. In exercising its prerogative hereunder, Dynamic Ace Global may elect to employ one of the following methods or any other method permissible by law, and may unilaterally modify and amend the Membership of any affected Member to change their Sponsor and the Sponsor Genealogy and Placement Genealogy as may be necessary to implement such decision:
13.1.1 Sale of Membership. If Dynamic Ace Global elects to sell the right to operate an Dynamic Ace Global business in the former Member’s position in the Sponsor Genealogy and Placement Genealogy, the following will be observed:
13.1.1.1 The sale shall be offered in the order of priority imposed by Code 6.5 above.
13.1.1.2 The terms of the sale will be set forth in a written contract executed between Dynamic Ace Global and the purchaser.
13.1.1.3 The purchasing party shall operate the Dynamic Ace Global business in the position in the Sponsor Genealogy and Placement Genealogy held by the previous Member.
13.1.2 Dissolution of Membership. If Dynamic Ace Global so elects, the Sponsor of the former Member in the Sponsor Genealogy and Placement Genealogy may undertake the obligations of the former Member and assume the role of Sponsor for all Members who had been personally or Internationally Sponsored by the former Member.
13.2 No Limitation on Dynamic Ace Global: Dynamic Ace Global, however, is in no way limited to any of the above methods of disposition of an Dynamic Ace Global business and may exercise complete discretion as to methods and/or timing of disposition.
