GOEX Guardians Terms and Conditions

Welcome to The GO Exchange LLC (“GOEX”) family! 

This Agreement runs between GOEX and its Ambassadors (Affiliate), who are independent representatives selling GOEX products and services. The purpose of this Agreement is to lay out the terms of our partnership together so that we can avoid disputes. On behalf of the workers and children we serve, thank you! 

ACCEPTANCE: Upon approval of this Application by GOEX, the Applicant becomes an Ambassador of GOEX pursuant to the terms, below. 

INDEPENDENT CONTRACTOR: GOEX retains the Ambassador’s services to market and sell GOEX’s products to the public, subject to GOEX’s approval and Ambassador’s adherence to GOEX’s guidelines and policies, which may be created / amended / supplemented at any time by GOEX. The parties intend that their relationship shall be seen as an independent contractor and not as employer / employee. The Affiliate shall not be treated as an employee for Federal and State tax purposes and the Affiliate will be solely responsible for the control of his/her activities, manner and methods of performance of work, conduct and control of work. Affiliate certifies to GOEX that he/she is duly authorized to work in the United States, U.S. Territories, or U.S. Military Bases. Ambassador is free to sell GOEX products anywhere in, but only in, the United States, U.S. Territories, and U.S. Military Bases. 

COMPENSATION: As compensation for services provided and sales made, Ambassador shall be paid pursuant to the GOEX Ambassador Compensation & Incentive Plan, which may be unilaterally modified or amended by GOEX upon 30-day notice to the Ambassador.

TERMINATION: This Agreement may be terminated by the Ambassador for any reason (or no reason at all) upon written notice to GOEX, and/or by GOEX for any reason (or no reason at all) upon written notice to Ambassador. Upon termination, GOEX will complete a Final Reconciliation of sales made and paid, and send a final payment due, if any, to the Ambassador. 

DISPUTES AND REMEDIES: Our mutual interest is to work together with grace and respect in the process. In the unlikely event of a substantive dispute that the parties cannot amicably resolve among each other, the parties agree to submit their dispute(s) to good faith mediation by a mediator selected by GOEX. MISSOURI LAW: This Agreement shall be governed, construed and enforced under the laws of the State of Missouri. 

ENTIRE AGREEMENT: The terms and conditions of this Agreement represent the entire Agreement between the Ambassador and GOEX, and supersede any other representations, discussions, prior understandings or agreements between the parties. No oral modification to this Agreement is binding upon the parties, and any modifications shall be in writing and signed by the parties. 

AFFILIATE UNDERSTANDING: Affiliate has read and understands all the terms and conditions of this Agreement, and executes this Agreement of her/his own free will. SEVERABILITY: Should any term of this Agreement be determined to be invalid or unenforceable, the remaining provisions hereof will be unaffected.

LIMITATION OF LIABILITY: IN NO EVENT SHALL VERB, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “VERB PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE VERB PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH VERB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE VERB PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

COMPENSATION TERMS

The Affiliate will be paid commission on GOEX sales as follows: 

1. The Affiliate will earn a standard commission of 10% on full priced retail sales (per the applicable pricing structure in place at the time of the sale). There are occasions when additional incentives and/or an increased commission percentage may be incurred on Affiliate sales, such events include holiday sale pushes, targeted campaigns throughout the year or the sales of discounted goods. All commission reporting is provided via the Refersion platform.

2. Commissions will be paid on sales originated by The Affiliate. All commission payments will be made on a 1099 basis, because The Affiliate is an independent sales representative. 

3. GOEX is a subsidiary of The Global Orphan Project, Inc., a tax-exempt nonprofit organization, and, subject to the laws and practical realities of a nonprofit. This specifically impacts compensation in the following manners: 

a. Commissions are paid on the first payroll cycle of the month. Commissions will cover all eligible invoices that are shipped as of the last day of the month in which commission is being paid. Commission reports are available upon request.

b. Total commissions / compensation must be reasonable and reasonably related to work performed. As a nonprofit, our compensation systems, whether to W2 employees or independent contractors, must meet legally required “reasonableness” standards. In the case of commissioned sales, we cannot guarantee uncapped commissions. If there are sales opportunities that are extremely substantial such that paying a full commission on the sales will result in compensation that is disproportionately significant compared to the work required to secure and service the sale, we will have to negotiate payment on such sales in advance so as to not put our nonprofit status in jeopardy. For example, Customer A wants to order 100,000 undiscounted, full-priced tees at $8/tee, for a total of $800,000 and a potential commission of $80,000. The Affiliate made the initial two-hour presentation to and connection for Customer A to GOEX, and the GOEX operations team then carried the bulk of the effort – many dozens of hours – to complete the sale and service Customer A’s needs. In this circumstance, GOEX could not pay an $80,000 commission on this sale without risking its nonprofit status. In these special circumstances, GOEX and The Affiliate will have to negotiate and agree upon commission on a case by case basis. 

Privacy Policy

This Privacy Policy describes how GOEX Apparel and its subsidiaries and affiliates (GOEX Apparel “we,” “us,” and/or “our”) handle personal data we collect online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities) (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect and process, how we may use and share the data, and the choices that are available to you with respect to our handling of your data.

Information We Collect

Information we collect directly from you

We collect the information you provide directly to us, such as when you open an account, place an order, ask to receive emails, or interact with us on social media. The types of personal data we may collect directly from you include:

• Contact information, such as your name, email address, mailing address, and phone number;

• Account information, such as your username and password;

• Billing information, such as credit card details and billing address;

• Optional information you may choose to provide, such as your date of birth, gender, social handles, makeup and color preferences; and

• Any other information you choose to provide.

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Information about your use of our Services

We collect information about your use of the Services, such as the products you buy or express interest in.

Information we collect from other sources

When you access the Services through a social network, we collect information from the social network in accordance with your settings on the social network. If you interact with us on social media, we will collect information about those interactions. The information we may collect includes your name, picture, and email address. We may also collect information about you from third parties, including mailing list providers and publicly available sources, or friends that refer you to GOEX Apparel.

Information we collect by automated means

When you visit our sites, we collect certain information automatically. To collect this information, we may use cookies, web beacons, and similar technologies. A “cookie” is a text file that websites send to a visitor‘s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as a pixel tag or clear GIF, is used to transmit information back to a web server. We may also collect information about your online activities over time and across third-party websites. The information we collect automatically may include: URLs that refer visitors to our websites;

• Search terms used to reach our websites;

• Details about the devices that are used to access our websites (such as IP address, browser information, device information, and operating system information);

• Details about your interaction with our websites (such as the date, time, length of stay, and specific pages accessed during your visits to our websites, and which emails you may have opened); and

• Usage information (such as the number and frequency of visitors to our websites).

We may associate this information with your GOEX Apparel account if you have one, the device you use to connect to our Services, or email or social media accounts that you use to engage with GOEX Apparel.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in mobile applications. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by GOEX Apparel and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for interest-based advertising purposes, please visit www.aboutads.info/choices. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.

How We Use Your Information

We may use the information we collect to deliver the products you request, to maintain and customize your account and our interactions with you, and to provide, maintain, and improve our Services. We also use the information we collect to:

• Communicate with you about our Services, including to tell you about products and services that may be of interest to you;

• Respond to your requests, inquiries, comments, and suggestions;

• Facilitate your engagement with the Services, including to enable you to post comments and reviews;

• Offer contests, sweepstakes, or other promotions;

• Conduct or administer surveys and other market research; and

• Protect against, identify, investigate, and respond to fraud or other illegal activity. 

How We Share Your Information

We may share the information we collect:

• With service providers that perform services on our behalf, such as those that provide shipment and payment services, customer service, and marketing support;

• With select partners as a part of co-sponsored promotions;

• To comply with a legal or regulatory obligation, protect and defend GOEX Apparel’s rights or property, protect the safety of our customers and website users or the public, and protect against legal liability;

• In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;

• Between and among GOEX Apparel’s current and future parents, subsidiaries, affiliates, and other companies under common control and ownership; and

• With your consent and at your direction.

When you provide a product review or other user content, that content will be publicly posted. Other users may be able to see your name or other information about you that you post.

If you are in the United States, we may share information about you with select third parties so that they can communicate with you about products or services that may be of interest to you. If you prefer that we not share your information with such third parties, you may opt out by emailing us at [email protected].

Your Rights and Choices

Managing or deleting your GOEX Apparel account

You may review, update, or modify your account information, including profile and contact information, at any time by logging into your GOEX Apparel account. You may delete your GOEX Apparel account by emailing [email protected].

Opting out of email marketing

You may unsubscribe from our promotional emails at any time by following the instructions included in those emails. If you opt out of receiving such communications, note that we may continue to send you transactional/non-promotional emails (such as order confirmation emails or emails about changes to our legal terms).

Restricting cookies

Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.

Children

Our Services are not designed for children and do not knowingly collect personal data from children. If you have reason to believe that a child has provided personal data to us, please contact help@GOEX Apparel.org, and we will endeavor to delete that information from our databases.

Data Transfers and Privacy Shield

GOEX Apparel is headquartered in the United States, and we have operations and entities in the United States and other countries. As such, we may transfer your personal data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

When we transfer personal data from the European Union or Switzerland to the United States, we comply with the EU-U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union and Switzerland to the United States, respectively. GOEX Apparel has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of your personal data. EU and Swiss individuals with inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. GOEX Apparel is subject to the investigatory and enforcement powers of the Federal Trade Commission.

If we share personal data transferred to the U.S. under the Privacy Shield with a third-party service provider that processes such data on our behalf, then we will be liable for that third party’s processing in violation of the Privacy Shield Principles, unless we can prove that we are not responsible for the event giving rise to the damage.

Residents of the European Economic Area

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data.

Legal Basis for Processing

If you are a resident of the EEA, we process your personal data when:

• We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the GOEX Apparel products you have ordered).

• We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications and to provide, secure, and improve our Services.

• We have your consent to do so.

Data subject requests

If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, updated, or erased. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us as indicated below. If you have a GOEX Apparel account, you may also review, update, and delete certain personal data by logging into your account.

Questions or Complaints

If you are a resident of the EEA and have a concern about our practices concerning the processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your relevant local Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

Links to Other Websites and Third-Party Content

We may provide links to third-party websites, services, and applications, such as Facebook, that are not operated or controlled by GOEX Apparel. This Privacy Policy does not apply to third-party services, and we cannot take responsibility for the content, privacy policies, or practices of third-party services. We encourage you to review the privacy policies of any third-party service before providing any information to or through them.

The Services may include an activity feed, social media buttons and widgets, such as the Facebook "Like" button or the "Share This" button. Your interactions with these features are governed by the privacy policy of the third-party service that provides the feature.

Data Retention

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.

Changes to Our Privacy Policy

We may change this Privacy Policy from time to time. If we do so, we will post the updated policy on our sites and will indicate when the Privacy Policy was last revised. If we make any material changes, we will provide you with additional notice. You should periodically review our current Privacy Policy to stay informed of our personal data practices.

California Privacy Rights

California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes or to opt out of such sharing. If you are a California resident and would like a copy of this notice or to opt out, please submit a written request to the following address: GOEX Apparel, 3161 Wyandotte, Kansas City, MO 64111, Attn: Legal, or by emailing us by emailing us at [email protected].

Contacting GOEX Apparel

If you have questions or concerns regarding this Privacy Policy, or would like to update your preferences or information we have about you, please contact us at the information provided below. We will take reasonable steps to respond to your request.

GOEX Apparel

3161 Wyandotte

Kansas City, MO 64111