PeakSuccess^TM Policies and Procedures

1. Introduction

1.1 Company Mission Statement

Trembling Giant, LLC; DBA PeakESL^TM, LLC; DBA PeakSuccess^TM, LLC (“PeakSuccess,” or "Company") is committed to becoming the most rewarding ESL community in the world by empowering learners to communicate effectively and confidently while creating opportunities for our Independent Consultants to build successful businesses by sharing our services. We strive to create a global community focused on effective communication, personal development, and cross-cultural understanding. 

1.2 Overview and Purpose of Policies and Procedures

These Policies and Procedures are designed to clearly define the relationship between PeakSuccess and its Independent Consultants (Consultants), establish standards of acceptable business conduct, and help Consultants build their businesses in an ethical and effective manner. 

Throughout this document, when the term "Agreement" is used, it collectively refers to the PeakSuccess enrollment, these Policies and Procedures, and the PeakSuccess Rewards Program. 

All Consultants are required to understand and abide by the most current version of the Agreement as they build their PeakSuccess business. Consultants should review this document carefully and refer to it regularly as they operate their business. 

1.3 Changes to the Agreement

To maintain a viable business and comply with changing laws and economic conditions, PeakSuccess may need to modify the Agreement, including these Policies and Procedures, from time to time. By accepting the Agreement, Consultants agree to abide by all amendments or modifications that PeakSuccess makes. 

Amendments shall be effective upon notification. The updated document will be published in the back office at PeakSuccessGlobal.com. 

The continued operation of a Consultant's PeakSuccess business or acceptance of bonuses or commissions after the effective date of amendments constitutes the Consultant's acceptance of all amendments. Consultants who do not wish to accept the changes may cancel their Agreement pursuant to Section 3.

1.4 Delays

PeakSuccess shall not be responsible for delays or failures in performance of its obligations when performance is made impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, natural disasters, death, curtailment of a party's source of supply, government decrees or orders, or other force majeure events. 

1.5 Severability

If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, illegal, or unenforceable for any reason, only the invalid portion of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision shall be reformed to fulfill the original purpose of the provision as closely as possible. 

1.6 Waiver

PeakSuccess never waives its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of PeakSuccess to exercise any right or power under the Agreement or to insist upon strict compliance by a Consultant with any obligation or provision of the Agreement shall constitute a waiver of PeakSuccess's right to demand exact compliance with the Agreement. 

A waiver by PeakSuccess can only be made in writing by an authorized officer of the Company. A waiver by PeakSuccess of any particular breach by a Consultant shall not affect or impair PeakSuccess's rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Consultant. 

2. Becoming a PeakSuccess Independent Consultant

2.1 Requirements to Become an Independent Consultant

To become a PeakSuccess Independent Consultant, each applicant must: 

1. Be of legal age in their jurisdiction of residence; 
2. Have legal residency and the right to work in the country where they establish their PeakSuccess business; 
3. Enroll online as an Independent Consultant and agree to the Independent Consultant Agreement; 
4. Pay the Quarterly Virtual Office Fee, where applicable; 
5. Provide valid contact information, where requested; and 
6. Not be in violation of any other agreement with PeakSuccess. 

PeakSuccess reserves the right to accept or reject any Consultant application for any reason at its sole discretion. 

2.2 Independent Consultant Agreement

The Independent Consultant Agreement must be submitted by the person who will operate the Consultant position. Incomplete or inaccurate applications will not be processed. Consultants are responsible for informing PeakSuccess of any changes to the information contained in their application. 

The term of the Independent Consultant Agreement is one (1) year from the date of its acceptance by PeakSuccess. The Agreement shall automatically renew for successive one-year terms unless either party provides at least thirty (30) days' written notice of non-renewal before the anniversary date, or unless it is canceled or terminated pursuant to Section 3.

Consultants who enroll as a new Consultant have an eight (8) day cooling-off period (or longer if required by local law) during which they may cancel their initial enrollment and receive a full refund of their Virtual Office Fee, if any paid. 

2.3 Renewal of Independent Consultant Agreement (where applicable)

Consultant's Independent Consultant Agreement, as amended from time to time, automatically renews on the anniversary of the Consultant’s initial enrollment date, until and unless either the Consultant or Peak Success terminate the Agreement in writing. PeakSuccess shall not terminate the Agreement unless for just cause, including but not limited to breach of the PeakSuccess Policies and Procedures, violation of local laws, etc. Upon termination, Consultant may lose all rights and privileges as a PeakSuccess Independent Consultant, including their position in the organization structure and rights to any future commissions. 

A Consultant who terminates their Agreement may reapply as a new Consultant after a period of six (6) months of inactivity, subject to PeakSuccess's acceptance at its sole discretion.

2.4 Multiple Independent Consultant Accounts

An individual may only participate in one Consultant position. An individual may not have beneficial ownership interest in more than one Consultant position without prior written approval from PeakSuccess. 

2.5 Spouses and Domestic Partners as Independent Consultants

A Spouse/Domestic Partner of an existing Independent Consultant may enroll as an Independent Consultant. However, if the spouse/domestic partner of an existing Independent Consultant enrolls as an Independent Consultant, they must be enrolled and sponsored by their Spouse/Domestic Partner’s Independent Consultant and be placed on their first level (front-line to their Spouse/Domestic Partner’s Independent Consultant position). 

2.6 International Operations

PeakSuccess operates as a U.S. company. Consultants may promote PeakSuccess services globally where allowable and feasible for the Company, provided they comply with all applicable laws, regulations, and PeakSuccess policies in each country where they conduct business. 

Consultants are responsible for:

1. Understanding and complying with all laws, tax requirements, and regulations in their country of residence and any country where they conduct business; 
2. Ensuring all marketing and business activities comply with local laws and regulations; 
3. Paying all taxes, duties, and other governmental fees imposed in their country of residence and any country, if required, where they conduct business. 

Consultants should consult with local legal and tax professionals to ensure compliance with local laws and regulations. PeakSuccess reserves the right to restrict Consultant activities in any country at its sole discretion.

3. Operating a PeakSuccess Business

3.1 Independent Consultant Responsibilities

Independent Consultants of PeakSuccess agree to:

1. Conduct business in an honest, ethical, and professional manner at all times;
2. Represent PeakSuccess products, services, and the business opportunity truthfully and accurately; 
3. Make clear to all prospective Consultants that success depends on their own efforts, and there are no guarantees of income; 
4. Comply with all applicable laws, regulations, including consumer protection laws; 
5. Never engage in any deceptive, misleading, illegal, or unethical practice; 
6. Protect the Company's reputation and goodwill; 
7. Submit accurate and timely tax information as required; 
8. Provide training and support to Consultants you personally enroll; 
9. Never represent that they are an employee or agent of PeakSuccess; and
10. Promptly report any violations of the Agreement of which they are aware. 

3.2 Independent Contractor Status

Consultants are independent contractors, not employees, agents, partners, legal consultants, or franchisees of PeakSuccess. As an independent contractor, each Independent Consultant: 

1. Is responsible for their own business decisions and expenses; 
2. Sets their own working hours and determines their own methods of operation
3. Is not entitled to employee benefits such as unemployment insurance,worker's compensation, or minimum wages; 
4. Is responsible for complying with all applicable tax laws; 
5. May not bind PeakSuccess to any obligation; 
6. May not use the PeakSuccess name on any checking accounts, loans, or other financial obligations; and 
7. May not represent themselves as an employee of PeakSuccess. 

PeakSuccess does not withhold taxes from commission payments. Consultants are responsible for paying all applicable taxes on earnings from their PeakSuccess business. 

3.3 Representing the PeakSuccess Rewards

Consultants must adhere to the following terms when sharing or referencing the PeakSuccess Rewards Program (Sales Compensation Plan). Consultants must not: 

1. Misrepresent the PeakSuccess Rewards Program to prospective Consultants;
2. Make income guarantees or projections; 
3. Represent that commissions are based on anything other than actual sales of PeakSuccess products and services to end customers; 
4. Create alternative compensation structures, bonus plans, or marketing systems; or 
5. Engage in any activity that manipulates the Sales Compensation Plan. 

Consultants should always present the PeakSuccess Rewards Program in its entirety, emphasizing that success requires significant time, effort, and dedication, and that there are no guarantees of income. 

3.4 Business Expenses

Consultants are responsible for all expenses related to operating their independent business, including but not limited to: 

1. Licensing or registration fees required by law; 
2. Advertising and promotional expenses; 
3. Office space and equipment; 
4. Travel, meals, and accommodations; 
5. Communication expenses (telephone, internet, etc.); 
6. Business insurance; 
7. Training and education expenses; and 
8. Any other costs associated with running their business. 

Consultants shall not incur expenses on behalf of or charge expenses to PeakSuccess. The Company will not reimburse Consultants for any business-related expenses unless specifically authorized in writing in advance by an authorized representative of PeakSuccess. 

3.5 Reporting Taxes

As independent contractors, Consultants are responsible for complying with all tax laws in their jurisdiction. In the United States, PeakSuccess will issue IRS Form 1099-MISC (or equivalent) to Consultants who earn $600 or more in commissions and bonuses during a calendar year. 

United States Consultants must provide PeakSuccess with a valid Social Security Number, Federal Tax ID Number, or other appropriate tax identification number. Failure to provide accurate tax information may result in withholding of commissions or termination of the Consultant Agreement. 

PeakSuccess does not provide tax advice. Consultants should consult with qualified tax professionals regarding their tax obligations. 

3.6 Customers

Customers are individuals who purchase PeakSuccess products or services for personal use rather than for resale or business-building purposes. A strong customer base is essential for a successful PeakSuccess business. 

Consultants shall: 

1. Provide accurate information about PeakSuccess products and services;
2. Never make exaggerated claims about the benefits, features, or results of PeakSuccess products and services; 
3. Honor all cooling-off periods and cancellation rights required by applicable law; 
4. Promptly respond to Customer inquiries and concerns; 
5. Respect Customer privacy and protect their personal information; and 
6. Ensure that Customers understand all pricing, billing, and subscription terms. 

Consultants may not create invalid or fake Customer accounts to manipulate the PeakSuccess Rewards Program. 

3.7 Termination of Agreement

A Consultant may voluntarily terminate their Agreement for any reason, at any time, by providing written notice to PeakSuccess. Written notice must be submitted by email to the designated contact address. 

An Independent Consultant Agreement may be terminated by PeakSuccess for various reasons, including the following: 

1. Violation of any terms of the Agreement; 
2. Illegal, fraudulent, deceptive, or unethical conduct; 
3. Misrepresentation of PeakSuccess products, services, or the Compensation Plan; 
4. Failure to pay the Virtual Office Fee; 
5. Inactivity for a period of six (6) consecutive months; or 
6. For any reason at PeakSuccess's discretion. 

Upon termination, whether voluntary or involuntary: 

1. The Consultant must cease representing themselves as a PeakSuccess Consultant; 
2. The Consultant loses all rights to their position in the organization structure and to future commissions; 
3. The Consultant must cease using all PeakSuccess trademarks, trade names, and materials; 
4. The Consultant must discontinue all marketing of PeakSuccess products, services, and business opportunity; and 
5. If terminated during the cooling-off period, the Consultant may receive a refund of the Virtual Office fee paid, if any. 

PeakSuccess will notify the Consultant of termination by email to their email address of record. The termination is effective immediately upon notice unless otherwise specified. 

3.8 Sale or Transfer of Consultant Position

A Consultant may sell or transfer their position to another individual with prior written approval from PeakSuccess, however the life-time titles (such as cumulative earnings and/or number of years of achievement at a certain rank) shall not be subject to transfer. To request approval for a sale or transfer, the Consultant must: 

1. Submit a written request to PeakSuccess detailing the proposed transaction; 
2. Be in good standing and have fulfilled all obligations under the Agreement; 
3. Pay the Transfer Fee as specified in Appendix A: Fee Schedule; and 
4. Ensure that the proposed buyer or transferee meets all requirements to become a Consultant and is not currently a PeakSuccess Consultant. 

PeakSuccess reserves the right to approve or reject any proposed sale or transfer for any reason. Any attempt to sell or transfer a Consultant position without PeakSuccess's prior written approval may result in termination of the Consultant Agreement. 

3.9 Succession

In the event of a Consultant's death or incapacity, their rights and responsibilities under the Agreement may be transferred to a designated successor, subject to PeakSuccess's approval. The life-time titles (such as cumulative earnings and/or number of years of achievement at a certain rank) earned by the predecessor Consultant shall not transfer to the successor(s). The successor must: 

1. Meet all requirements to become a PeakSuccess Consultant; 
2. Submit a new PeakSuccess Consultant Agreement; 
3. Provide appropriate legal documentation of the right to assume the Consultant position (such as a will, trust document, or power of attorney); and 
4. Assume all responsibilities of the Consultant position. 

If a Consultant dies without designating a successor, the Consultant position may be transferred according to the Consultant's will or applicable intestacy laws. The Company may place the position on hold pending receipt of proper legal documentation establishing the rightful heir. 

In the case of temporary incapacity, a legal representative may operate the Consultant position until the incapacity ends, at which time responsibility for the position returns to the original Consultant, pending PeakSuccess approval. 

3.10 International Compliance

Consultants must comply with all laws and regulations in countries where they promote PeakSuccess services. This includes obtaining any necessary licenses, observing cooling-off periods, and following jurisdiction-specific restrictions on solicitation and earnings claims. PeakSuccess reserves the right to restrict business activity in certain countries. 

Consultants operating outside their country of residence must: 

1. Familiarize themselves with and adhere to all local laws, regulations, and industry codes that apply to direct selling activities in each country where they conduct business; 
2. Ensure all marketing materials and presentations comply with local requirements and are in the appropriate language; 
3. Observe all applicable cooling-off periods, which may vary by country; 
4. Obtain any required local business licenses or registrations; 
5. Comply with all tax laws, including paying any applicable taxes in each jurisdiction; 
6. Abide by local consumer protection laws, including any restrictions on home solicitation, cooling-off periods, and refund policies; 
7. Respect all cultural differences and local customs; and 
8. Refrain from engaging in business activities in countries where PeakSuccess has specifically indicated that operations are restricted or prohibited. 

Consultants are ultimately responsible for ensuring their own compliance with all applicable laws and regulations. 

4. Marketing and Advertising

4.1 General Marketing Guidelines

Consultants must ensure that all marketing and advertising activities:

1. Are truthful, accurate, and not misleading; 
2. Clearly identify themselves as an "Independent PeakSuccess Consultant"; 
3. Do not imply that the Consultant is an employee or official representative of the Company; 
4. Include appropriate disclosures as required by law and Company policy; 
5. Respect intellectual property rights of PeakSuccess and third parties; 
6. Comply with all applicable laws, regulations, and industry standards; 
7. Reflect positively on the reputation of PeakSuccess; and 
8. Are professionally presented and free from offensive or inappropriate content. 

Consultants should focus on the quality and benefits of PeakSuccess products and services, without disparaging competitors or making unfounded comparisons. 

4.2 Independent Consultant Identification

In all communications, advertisements, and promotional materials, Consultants must clearly identify themselves as an "Independent PeakSuccess Consultant" to avoid any confusion about their relationship with the Company. 

Consultants may not: 

1. Present themselves as employees or agents of PeakSuccess; 
2. Answer the telephone in a manner that would lead the caller to believe they have reached the corporate offices of PeakSuccess; 
3. Use titles or designations that imply an employment relationship with PeakSuccess; or 
4. Create business cards, stationery, or other materials that do not clearly state their independent status. 

4.3 Trademarks and Copyrights

The name "PeakSuccess" and other names that may be adopted by PeakSuccess are proprietary trade names, trademarks, and service marks of PeakSuccess. The Company also owns the copyright in all its materials, including but not limited to printed materials, website content, presentations, and training materials. 

Consultants may use PeakSuccess trademarks and materials only as follows: 

1. In ways expressly authorized in these Policies and Procedures; 
2. Using only unaltered, company-approved content; 
3. In connection with the promotion of PeakSuccess products, services, and business opportunity; and 
4. With appropriate trademark or copyright notices as directed by PeakSuccess. 

Consultants may not: 

1. Modify any PeakSuccess materials without prior written approval; 
2. Register or attempt to register any PeakSuccess trademarks or domain names that include PeakSuccess trademarks; 
3. Use PeakSuccess trademarks in email addresses, social media handles, or usernames without proper authorization; or 
4. Create their own marketing materials that appear to be produced by PeakSuccess. 

All usage rights granted to Consultants cease upon termination of the Consultant Agreement. 

4.4 Media Inquiries

To ensure accurate and consistent information about PeakSuccess is shared with the public, Consultants must refer all media inquiries (including television, radio, print, online, or social media inquiries) to the PeakSuccess corporate office. Consultants shall not represent themselves as spokespersons for PeakSuccess or attempt to respond to media inquiries regarding PeakSuccess, its products, services, or business opportunity without prior written authorization. 

Consultants may speak to the media about their own personal experience with PeakSuccess products or services, provided they clearly identify themselves as Independent Consultants and do not claim to speak on behalf of PeakSuccess. 

4.5 Income and Lifestyle Claims

When discussing the PeakSuccess business opportunity, Consultants must: 

1. Always present the opportunity as a relationship-based, person-to-person business that requires time, effort, and skill; 
2. Never make unrealistic or exaggerated income claims; 
3. Never imply that success is easy, guaranteed, or automatic; 
4. Never show or refer to any commission checks, earnings statements, or bank statements, whether they are your own or those of other Consultants; 
5. Never claim that specific income levels are achievable; 
6. Never make lifestyle claims (luxury cars, homes, vacations, etc.) that connect such lifestyles directly to PeakSuccess earnings; 
7. Never make "get rich quick" implications or suggest rapid financial success; 
8. Ensure that all testimonials reflect typical results experienced by the average Consultant; and 
9. Always include the following income disclaimer when discussing earnings or the Compensation Plan: 

"Earnings as a PeakSuccess Consultant are based solely upon the successful sale of services to customers and their usage of those services. Individuals will incur expenses in operating their PeakSuccess business, such as the Virtual Office Fee and other possible operating expenses. As with any business, earnings and success at PeakSuccess are not guaranteed but depend primarily on the individual's commitment, persistence, and effort. Some individuals might not earn income and may lose money as a Consultant." 

4.6 Earnings Disclosure

Consultants must not make earnings guarantees or use hypothetical scenarios. Any earnings example must include a disclaimer and must reflect average participant outcomes. 

When discussing potential earnings or sharing personal results: 

1. Consultants must clearly state that such results are not typical and may not reflect the experience of the average Consultant; 
2. Consultants must provide the most current version of the company-approved Income Disclosure Statement, once published by the Company, to all prospects before or during any discussion of income potential; 
3. Hypothetical examples must be clearly identified as such and must be reasonable based on actual average earnings of Consultants at similar ranks; 
4. Consultants must emphasize that building a successful PeakSuccess business requires consistent effort, time, and skill development; and 
5. Consultants must be truthful and accurate about the time, effort, and skills required to achieve any results mentioned or implied. 

4.7 Social Media

Consultants may use social media to promote PeakSuccess products, services, and business opportunity, provided they comply with these Policies and Procedures and the following specific guidelines: 

1. Clearly identify yourself as an "Independent PeakSuccess Consultant" in your profile and/or bio; 
2. Ensure all content is truthful, professional, and in good taste; 
3. Respect the privacy of other Consultants, Customers, and the Company; 
4. Do not make income or product claims that are not contained in official PeakSuccess materials; 
5. Do not post confidential information, including commission amounts, customer lists, or Consultant organization details; 
6. Follow each social media platform's terms of service and community guidelines; 
7. Do not create social media accounts, pages, or groups using the PeakSuccess name or trademarks without prior written approval; 
8. Do not represent your personal social media presence as an official PeakSuccess account; 
9. Do not engage in arguments or negative conversations about competitors or their services; 
10. Promptly remove any content upon request from PeakSuccess; 
11. Exercise caution when sharing third-party content and ensure it complies with these policies; 
12. Do not use misleading or deceptive practices to generate followers or engagement; and 
13. Include appropriate disclosures when sharing testimonials or promotional content as required by applicable laws and regulations. 

Consultants should remember that social media posts are visible to a wide audience and may be permanent, so all communications should reflect positively on themselves and PeakSuccess. Consultants are personally responsible for all content they publish online. 

4.8 Websites

Consultants may create and maintain their own websites to promote their PeakSuccess business, subject to the following restrictions: 

1. Consultants must clearly identify themselves as an "Independent PeakSuccess Consultant" on every page of their website; 
2. The website must not give the impression of being an official PeakSuccess website; 
3. Consultants may not use domain names that include the PeakSuccess name or trademarks without prior written approval; 
4. Consultants may only use content and descriptions of PeakSuccess products and services that are taken from current, official PeakSuccess materials; 
5. Consultants must include the appropriate income disclaimer (see Section 4.5) on any page that discusses the PeakSuccess business opportunity, Compensation Plan, or earnings potential; 
6. Consultants must include a link to the official PeakSuccess Privacy Policy or include a privacy policy on their website that is at least as restrictive as the PeakSuccess policy; 
7. The website must comply with all applicable laws, regulations, and these Policies and Procedures. 

PeakSuccess reserves the right to request changes to or removal of any Consultant website that does not comply with these requirements. 

4.8 Email and Electronic Communications

When sending business-related emails or other electronic communications regarding PeakSuccess, Consultants must: 

1. Always identify themselves as an "Independent PeakSuccess Consultant"; 
2. Include a functional return email address that is regularly checked by the Consultant; 
3. Include clear and conspicuous notice that the message is an advertisement or solicitation, if applicable; 
4. Include a clear notice of the opportunity to opt out of future communications and promptly honor all opt-out requests; 
   
5. Only send communications to individuals with whom the Consultant has an existing business or personal relationship or who have given their express consent to receive communications; 
6. Never use false or misleading subject lines or header information; and 
7. Comply with all applicable laws and regulations regarding commercial email, including the CAN-SPAM Act in the United States and similar laws in other countries. 

Consultants may not send unsolicited bulk email ("spam") and must ensure that all electronic communications comply with data protection and privacy laws in the jurisdictions where the recipients reside. 

4.9 Telemarketing

Many countries have strict laws governing telemarketing practices, including the Telephone Consumer Protection Act and the National Do-Not-Call Registry in the United States. In general, these laws prohibit unsolicited telemarketing calls to individuals who have not given prior express consent or with whom the caller does not have an established business relationship. 

Due to the complexity of these laws and the significant penalties for violations, PeakSuccess prohibits Consultants from using telemarketing or automated calling systems in the operation of their PeakSuccess business, except for calls to individuals with whom the Consultant has an existing business or personal relationship. 

Consultants who choose to make telephone calls must: 

1. Only call individuals with whom they have an established business or personal relationship; 
2. Not use automatic dialing systems, recorded message players, or "boiler room" operations; 
3. Not make calls to numbers on any do-not-call list; and 
4. Comply with all applicable telemarketing laws and regulations. 

Consultants are solely responsible for ensuring their compliance with telemarketing laws and regulations and will be personally liable for any violations. 

4.10 Trade Shows and Exhibitions

Consultants may promote PeakSuccess products and services at trade shows, exhibitions, and other public events with prior written approval from PeakSuccess. Requests to participate in such events must be submitted at least two weeks before the event. 

When participating in approved events, Consultants must: 

1. Clearly identify themselves as an "Independent PeakSuccess Consultant"; 
   
2. Use only official PeakSuccess marketing materials or materials that have been approved by PeakSuccess; 
3. Make only claims about PeakSuccess products, services, and business opportunity that are contained in official PeakSuccess materials; 
4. Not make claims that would violate Section 4.5 regarding income and lifestyle claims; and 
5. Conduct themselves professionally at all times. 

PeakSuccess reserves the right to refuse participation in any event that it believes is unsuitable for the promotion of its products, services, or business opportunity. 

5. Building a Sales Team

5.1 Sponsoring

Sponsoring new Consultants is an important part of building a successful PeakSuccess business. When sponsoring new Consultants: 

1. Ensure that prospective Consultants understand the realistic expectations of the business opportunity; 
2. Provide truthful and complete information about the products, services, Sales Compensation Plan, and policies of PeakSuccess; 
3. Do not make any representation or guarantee of income or success; 
4. Do not pressure individuals to become Consultants; 
5. Do not state or imply that success is guaranteed or easy to achieve; and Do not encourage prospective Consultants to incur debt to participate in the PeakSuccess opportunity. 

Every new Consultant must complete and submit their own enrollment. A Sponsor may not complete an enrollment on behalf of a prospective. 

5.2 Sponsor Responsibility

Sponsors have a responsibility to provide ongoing support, guidance, and training to the Consultants they sponsor. As a Sponsor, you should: 

1. Maintain regular contact with your sponsored Consultants; 
2. Provide training on PeakSuccess products, services, policies, and the Compensation Plan; 
3. Encourage ethical business practices and compliance with these Policies and Procedures; 
4. Help new Consultants set realistic goals and develop a business plan; 
5. Be available to answer questions and provide guidance; 
6. Lead by example in building a customer-focused business; and
7. Always act in the best interest of your sponsored Consultants. 

Sponsoring new Consultants creates a responsibility to support those individuals. Sponsors who fail to provide adequate support may lose certain privileges or benefits under the Compensation Plan. 

5.3 Change of Sponsor

PeakSuccess places great importance on maintaining the integrity of the sponsorship relationship. Accordingly, changes of sponsorship are generally not permitted except in the following limited circumstances, when deemed necessary by PeakSuccess: 

1. In cases of fraudulent inducement or unethical sponsoring; 
2. When a clerical error has been made in the processing of the original enrollment or 
3. As otherwise required by applicable law. 

To request a change of sponsor, a Consultant must submit a formal request to PeakSuccess explaining the reason for the requested change, along with documentation supporting the request. Any decision to allow a change of sponsor is at the sole discretion of PeakSuccess. Consultants who terminate their Agreement must wait and be inactive at least six (6) months before re-applying under a new sponsor. 

5.4 Cross-Sponsoring Prohibition

"Cross-sponsoring" or "cross-recruiting" is the enrollment of an individual that already has a current Consultant Agreement with PeakSuccess, or who has had such an agreement within the preceding six (6) months, under a different Sponsor. This practice is strictly prohibited. 

Consultants shall not: 

1. Recruit, solicit, or encourage any Consultant to change sponsors; 
2. Offer incentives to any Consultant to change sponsors; 
3. Enroll or attempt to enroll an individual who is already a Consultant or who has been a Consultant in the past six (6) months; 
4. Use a spouse's, relative's, fictitious, or third party's name to circumvent this policy; 
5. Disparage another Consultant's organization to encourage Consultants to switch sponsors; 
6. Solicit, entice, or attempt to recruit team members across genealogy lines; or 
7. Engage in solicitation activities during any suspension period. 

If cross-sponsoring is discovered, it must be brought to the Company's attention immediately. PeakSuccess may take disciplinary action against the Consultant who changed organizations and/or those who encouraged or participated in the cross-sponsoring. PeakSuccess may also move all or part of the offending Consultant's organization to their original organization if the Company deems it appropriate. 

The prohibition against cross-sponsoring is an essential protection for all Consultants and the integrity of the PeakSuccess compensation structure. Violations of this policy will be treated as serious breaches of the Agreement. 

5.5 Training Requirements

Successful Consultants build their businesses by finding customers, sponsoring new Consultants, and providing adequate training and support to their team. Consultants should provide consistent communication, training, and motivation to Consultants in their organization. 

Consultants who sponsor other Consultants should: 

1. Provide regular contact and communication to their organization; 
2. Ensure that sponsored Consultants understand their obligations and responsibilities; 
3. Train Consultants on PeakSuccess products, services, policies, and the Compensation Plan; 
4. Explain how to properly complete forms and submit orders; 
5. Ensure compliance with Company Policies and Procedures; 
6. Monitor the activities of their organization; 
7. Develop leaders within their organization; and 
8. Emphasize the importance of customer acquisition and retention. 

PeakSuccess provides various training tools and resources to help Consultants succeed. However, the primary responsibility for training rests with the Sponsor and upline leadership. 

6. PeakSuccess Rewards Program

6.1 Sales Compensation Plan Overview

The PeakSuccess Rewards Program is designed to reward Consultants for successfully promoting and selling PeakSuccess services to end customers. Compensation is derived solely from the sale of PeakSuccess services and products and the continued usage of those services. 

Consultants can earn compensation in several ways. The complete details of the PeakSuccess Compensation Plan are available in the PeakSuccess Rewards Program Highlights document, which is incorporated into this Agreement by reference. Consultants should thoroughly review the Compensation Plan Document to understand the requirements for earning each type of compensation. 

6.2 Commissions and Bonuses

Commissions and bonuses are calculated based on the successful sale and continued usage of PeakSuccess services. The complete details of the PeakSuccess Compensation Plan are available in the PeakSuccess Rewards Program Highlights document, which is incorporated into this Agreement by reference. Consultants should thoroughly review the Compensation Plan Document to understand the requirements for earning each type of compensation. 

6.3 Adjustment to Commissions and Bonuses

PeakSuccess reserves the right to adjust commissions and bonuses for the following reasons: 

1. Refunded services or canceled subscriptions; 
2. Collect unpaid fees; 
3. Changes in Customer status; 
4. Errors in commission calculations; 
5. Changes in the Compensation Plan; or 
6. Violations of the Agreement. 

If a Customer cancels service or receives a refund after a Consultant has been paid commissions or bonuses on that sale, the commissions will be deducted from future compensation payments or may be charged back to the Consultant. 

Consultants who believe an error has been made in commission payments must report the error to PeakSuccess within thirty (30) days of the date of the payment. Errors reported after this timeframe might not be adjusted. 

6.4 Payment Processing

Commissions and bonuses are calculated monthly and paid according to the following schedule: 

1. Commission periods close on the last day of each calendar month. 
2. Commissions are typically paid on or around the 15th day of the month following the commission period. 
3. A minimum commission payment of US$50 is required for payment. Amounts less than $50 will be held until the accumulated amount exceeds the minimum. 
4. Consultants must provide valid payment information to receive commission payments. 
5. Consultants are responsible for any processing fees imposed by third parties used to transfer payments from PeakSuccess to them. 
6. If a commission payment is returned or cannot be processed due to incorrect information, a Reactivation fee may be charged as specified in Appendix A: Fee Schedule. 
7. Commission payments not claimed within six (6) months of issuance may be forfeited, unless prohibited by law. 
8. PeakSuccess reserves the right to withhold commission payments if a Consultant is under investigation for policy violations or if their position is suspended or terminated. 

7. Compliance and Enforcement

7.1 Ethics and Compliance

PeakSuccess is committed to conducting business according to the highest standards of ethics and integrity and expects its Consultants to uphold these standards. Consultants must: 

1. Comply with all applicable laws, regulations, and industry codes of conduct; 
2. Conduct business in a professional, ethical, and considerate manner; 
3. Present PeakSuccess products, services, and business opportunity honestly and accurately; 
4. Make only those claims about products, services, and earnings potential that are contained in official PeakSuccess materials; 
5. Safeguard the reputation of PeakSuccess and its Consultants; 
6. Fulfill their obligations to train and support Consultants they sponsor; and 
7. Report any violations of the Agreement to PeakSuccess. 

The following conduct is expressly prohibited:

1. Submitting false or fraudulent information to PeakSuccess; 
2. Making unauthorized claims about PeakSuccess products or services; Making unauthorized income or lifestyle claims; 
3. Engaging in high-pressure or deceptive recruiting or sales tactics; 
4. Enrolling individuals as Consultants or Customers without their knowledge or consent; 
5. Using another person's credit card or financial information without proper authorization; Cross-sponsoring or recruiting Consultants from other lines of sponsorship; 
6. Violating any provision of the Agreement; and 
7. Engaging in any illegal, fraudulent, or unethical business practice. 

7.2 Non-Solicitation

During the term of the Agreement and for one (1) year following termination, Consultants agree not to: 

1. Recruit, solicit, or sponsor PeakSuccess Consultants for other education-related, particularly Artificial Intelligence (AI) driven education-related, direct selling businesses; 
2. Sell or promote competing products or services (ie online learning products or services) to PeakSuccess Consultants or Customers; 
3. Attempt to establish relationships with PeakSuccess Customers for the purpose of selling them non-PeakSuccess products or services; 
4. Use PeakSuccess Consultant meetings, events, calls, or other forums to promote non-PeakSuccess products, services, or business opportunities; or 
5. Use contact information acquired through PeakSuccess to promote other business opportunities or products or services. 

These restrictions apply to direct and indirect solicitation and to actions performed personally or through third parties. The only exception to this policy is for directly sponsored Consultants and Customers whom the Consultant knew before becoming an Independent PeakSuccess Consultant. 

7.3 Confidential Information

During and after the term of the Agreement, Consultants will receive access to Confidential Information, including but not limited to: 

1. Downline organization reports and information; 
2. Customer lists and information; 
3. Consultant lists and information; 
4. Training materials and business methods; 
5. Financial information; and 
6. Other proprietary information designated as confidential. 

Consultants agree to: 

1. Use Confidential Information only for the purpose of developing their PeakSuccess business; 
2. Maintain the confidentiality of such information during and after the term of the Agreement; 
3. Not disclose such information to any third party; 
4. Not use Confidential Information to compete with PeakSuccess; and 
5. Return all Confidential Information to PeakSuccess upon termination of the Agreement. 

Consultants acknowledge that Confidential Information is proprietary, contains trade secrets, and is of great value to PeakSuccess. Violation of this provision may cause irreparable harm to PeakSuccess and may result in termination of the Agreement and legal action. 

7.4 Reporting Policy Violations

Consultants who become aware of a violation of the Agreement by another Consultant should submit a formal complaint to PeakSuccess. The complaint should include the name of the Consultant involved, the date, location, and nature of the violation, and any supporting documentation. 

PeakSuccess will investigate reported violations and take appropriate action. The identity of the reporting Consultant may be kept confidential when deemed necessary. PeakSuccess prohibits retaliation against any Consultant who reports a violation in good faith. 

Intentionally filing false reports of policy violations is itself a violation of the Agreement and may result in disciplinary action. 

7.5 Dispute Resolution

In the event of a dispute between a Consultant and PeakSuccess regarding the Agreement or the operation of the Consultant's business: 

1. The parties should attempt to resolve the dispute through good-faith negotiation. 
2. If the dispute cannot be resolved through negotiation, it must be resolved through binding arbitration in Salt Lake City, Utah, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. 
3. The arbitration shall be conducted on an individual basis, not as a class or consolidated action. 
4. The decision of the arbitrator shall be final and binding on all parties. 
5. The prevailing party shall be entitled to recover legal fees and costs. 

By signing the Independent Consultant Agreement, Consultants waive their right to bring disputes before a court or jury and waive their right to a class action lawsuit or arbitration. Further, Consultant agrees to resolve all disputes through this dispute resolution process. Notwithstanding anything to the contrary in the AAA or JAMS rules, the arbitrator(s) shall have no authority to hear the parties’ disputes on a class, collective, consolidated, mass or representative basis, and accordingly the arbitrator(s) may not consolidate more than one person’s disputes and may not otherwise preside over any proceeding on a non-individual basis, except with the written consent of all parties to an arbitration proceeding. 

7.6 Disciplinary Sanctions

PeakSuccess reserves the right to impose disciplinary sanctions for violations of the Agreement. Sanctions may include: 

1. Issuing a written warning or requiring remedial education; 
2. Requiring immediate corrective action; 
3. Imposing a fine, which may be withheld from commission payments; 
4. Suspending the Consultant Agreement and commission payments; 
5. Retaining commission payments pending resolution of the disciplinary action, and if such resolution results in termination of the Consultant Agreement, the retained commission payments may be used by PeakSuccess to reimburse pocket legal expenses and costs incurred by PeakSuccess in resolving or litigation the dispute. 
6. Permanently or temporarily reassigning all or part of a Consultant's organization; 
7. Terminating the Consultant Agreement; and/or 
8. Pursuing legal remedies where appropriate. 

PeakSuccess will determine the appropriate sanction based on the nature and severity of the violation, the harm caused, the Consultant's history of compliance, and other relevant factors. PeakSuccess is not required to pursue all levels of discipline before imposing the most severe sanction, including termination. 

If a Consultant's Agreement is suspended or terminated for disciplinary reasons, the Consultant may appeal the decision by submitting a written appeal to PeakSuccess within fifteen (15) days of notification. PeakSuccess will review the appeal and issue a final decision, which shall be binding. 

8. Privacy and Data Protection

8.1 Privacy Policy

PeakSuccess respects the privacy of its Consultants and Customers and is committed to protecting their personal information. PeakSuccess maintains a Privacy Policy that describes how it collects, uses, shares, and protects personal information. The Privacy Policy is available on the PeakSuccess website and is incorporated into these Policies and Procedures by reference. 

Consultants must review and understand the Privacy Policy and must explain to Customers how their personal information will be used. Consultants must also protect the privacy of Customers and other Consultants in accordance with the Privacy Policy and applicable laws. 

8.2 Data Security Requirements

Consultants who collect, store, or process personal information of Customers or other Consultants must: 

1. Comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and other applicable international regulations; 
2. Implement appropriate technical and organizational measures to protect personal information; 
3. Collect only the personal information necessary to fulfill the purposes for which it was collected; 
4. Use personal information only for the purposes for which it was collected; 
5. Retain personal information only for as long as necessary; 
6. Securely dispose of personal information when it is no longer needed; 
7. Report any data breach or suspected data breach to PeakSuccess immediately; and 
8. Cooperate with PeakSuccess in responding to data protection inquiries, requests, or complaints. 

Consultants must be particularly careful with sensitive information such as credit card data, which should never be stored or transmitted without proper encryption and security measures. 

8.3 International Data Privacy Compliance

Consultants must safeguard all personal data according to the laws of the region in which they operate, including but not limited to the U.S. (CCPA), Japan (APPI), Korea (PIPA), and Taiwan. Consultants must: 

1. Understand and comply with the specific data protection requirements in each jurisdiction where they collect, process, or store personal data; 
2. Never transfer personal data across international borders without ensuring appropriate safeguards are in place as required by applicable laws; 
3. Obtain explicit consent from individuals before collecting, using, or sharing their personal data, in compliance with local requirements; 
4. Inform individuals about how their data will be used in clear, understandable language; 
5. Provide individuals with access to their personal data and the ability to correct, delete, or transfer it as required by local laws; 
6. Implement appropriate data security measures based on the sensitivity of the data and requirements of local laws; 
7. Maintain records of data processing activities as required by applicable regulations; and 
8. Respond promptly to data subject requests in accordance with local laws and timeframes. 

Consultants shall be personally liable for any violations of data protection laws resulting from their actions. PeakSuccess may provide guidance on compliance with these requirements, but the ultimate responsibility rests with each Consultant. 

8.4 Customer Information

Consultants may collect and use Customer information only for the purposes of: 

1. Completing Customer orders; 
2. Delivering products or services; 
3. Providing customer service and support; 
4. Maintaining accurate records; and 
5. Other legitimate business purposes directly related to the PeakSuccess business.

Consultants may not: 

1. Sell, rent, or lease Customer information to third parties; 
2. Use Customer information to market non-PeakSuccess products or services; 
3. Share Customer information with other Consultants who are not in the direct upline of the Customer; or 
4. Use Customer information for any purpose not directly related to the PeakSuccess business. 

8.5 Consultant Information

PeakSuccess collects personal information from Consultants for the purposes of: 

1. Administering and supporting the Consultant's business; 
2. Calculating and paying commissions; 
3. Providing training and support; 
4. Compliance with tax and other legal requirements; and 
5. Other legitimate business purposes. 

Consultants agree that PeakSuccess may share their personal information with: 

1. Their upline Consultants for business-building purposes, except where opt-out options are required; 
2. Service providers who assist PeakSuccess in supporting the Consultant's business; 
3. Government agencies as required by law; and 
4. Potential purchasers in the event of a sale or transfer of PeakSuccess's business or assets. 

Consultants may access and update their personal information through the PeakSuccess Back Office or by contacting PeakSuccess Customer Support. 

9. Glossary of Terms

Active Customer: A customer who has a current, paid subscription to any PeakSuccess service within the relevant qualification period. 

Active Consultant: A Consultant who has achieved the rank of Developing Team Lead or higher in the current month. 

Agreement: The contract between PeakSuccess and a Consultant, which includes the Consultant enrollment, the Consultant Terms and Conditions, these Policies and Procedures, the PeakSuccess Compensation Plan. 

Confidential Information: Information that is proprietary, confidential, and/or not generally available to the public that relates to PeakSuccess, its Consultants, Customers, or products and services. 

Consultant: An independent contractor who has entered into an Agreement with PeakSuccess to promote and sell PeakSuccess products and services and sponsor other Consultants.

Cross-Sponsoring: The enrollment of an individual who already has a current Consultant Agreement or who has had such an agreement within the preceding six months under a different Sponsor. 

Customer: An individual that purchases PeakSuccess products or services for personal use rather than for resale or business-building purposes. 

Direct Customer: A Customer personally enrolled by a Consultant. 

Direct Consultant: A Consultant personally enrolled by another Consultant. 

Downline Organization: All Consultants sponsored beneath a particular Consultant, including personally sponsored Consultants and their sponsored Consultants, extending through all levels. 

Family Subscription: A subscription type that allows multiple individuals within a family to access PeakSuccess services, counted as 2 customers for qualification purposes. 

Linked Customer: A Customer who is enrolled by a Consultant personally sponsored by you. 

PeakSuccess Rewards Program: The specific plan that outlines the requirements and benefits of the PeakSuccess compensation structure for Consultants.

Single Subscription: A Consultant's own subscription to PeakSuccess services, which counts as 1 customer (individual subscription) for qualification purposes. 

Rank: The title or status achieved by a Consultant based on the requirements of the PeakSuccess Compensation Plan. 

Sponsor: The Consultant directly above another Consultant in the Sponsor Tree. 

Upline: The Consultant(s) above a particular Consultant in the Sponsor Tree, extending up to PeakSuccess.

10. Appendix A: Fee Schedule

The following fees may apply to PeakSuccess Consultants: