|Z Business Owner Terms and Conditions|
ZPlayer Requirements and Qualifications
1. ZPlayer Becoming a ZPlayer. An applicant only becomes a Z Business Owner (ZPLAYER) of FantaZ when both of the following requirements have been completed:
2. ZPlayer Application and Agreement. Agreement. The parties recognize that FantaZ may suffer material losses, such as, but not limited to, compliance risks, diminished value of its trademarks, disputes with existing ZPLAYERS regarding proper sponsor, which would be difficult to quantify if a third party attempts to resell FantaZ services or promote the FantaZ Income Opportunity without a written agreement with and approval from FantaZ. Therefore, it is a condition precedent to the obligation of FantaZ to pay any commissions, overrides, or bonuses under the Compensation Plan that the other party has completed and executed the applicable ZPLAYER Application and ZPLAYER Agreement and has been approved by FantaZ. Any potential ZPLAYER who recruits Players or downline ZPLAYERS prior to approval as a ZPLAYER by FantaZ does so at his or her own risk. If a potential ZPLAYER recruits Players or downline ZPLAYERS and does not complete the applicable ZPLAYER Application and Agreement, or is not approved as a ZPLAYER, that potential ZPLAYER forfeits any commissions, overrides, or bonuses to which he would have been entitled upon approval, and waives any claims for such monies, including claims in quantum merit, quasi-contract, or detrimental reliance. Payment of all monies to ZPLAYERS is governed by the Compensation Plan.
3. Legal age. ZPLAYERS must be of legal age to contract and to enter games of skill in the jurisdiction of their residence. In no event may a ZPLAYER be less than eighteen (18) years old.
4. ZPLAYER Rights. All ZPLAYERS are authorized to sell all FantaZ products and services offered on the FantaZ Website and to participate in the FantaZ Compensation Plan as it currently exists and may be amended from time to time. All ZPLAYERS may sponsor new ZPLAYERS, so long as such new ZPLAYERS comply with the various Terms and Conditions of distributorship and are accepted by FantaZ. All ZPLAYERS may sponsor new Players, so long as such Players comply with the various Terms and Conditions of FantaZ and are accepted by FantaZ.
5. No Purchase Required for Player Registration. No person is required to purchase any FantaZ products or services to register on the Website or to be eligible to participate as a Player. Participation in most events and games of skill on the FantaZ Website requires payment of the entry fee specified. To become a ZPLAYER, one must pay the enrollment fee (as specified in section 1). In order to maintain status as a ZPLAYER, a ZPLAYER must pay any monthly fees set for his or her qualification level as follows: ZPlayer/ZBO - $0.00 per month; Expert - $49.95 per month. In order to be eligible to receive payments, a ZPLAYER must meet the minimum level of participation set for a ZPLAYER, currently set at 10 PTV per month.
6. Married couples.
7. Corporate, Partnership, LLC, and Trust Documents Requirements. Corporations, partnerships, trusts, and LLCs may apply to become ZPLAYERS. FantaZ may require such entities to provide, as applicable, the following documents:
8. Fictitious and Assumed Names Prohibited. A person or entity may not apply as a ZPLAYER using a fictitious or assumed name.
9. Independent Contractor Status. All ZPLAYERS are independent contractors with FantaZ and not franchisees, joint ventures, partners, employees, or agents of FantaZ. ZPLAYERS are strictly prohibited from stating or implying, whether orally or in writing, that they are franchisees, joint ventures, partners, employees, or agents of FantaZ. ZPLAYERS may not bind FantaZ to any obligation.
10. Multiple Applications. If one applicant submits multiple applications with multiple sponsors, only the first completed form to be received by FantaZ will be accepted. FantaZ shall, in its sole discretion, determine the sponsorship of any applicants who submit applications showing different sponsors.
11. Minimum Personal Tournament Volume. The Company has adopted minimum Personal Tournament Volume (“PTV”) requirements as specified in the Compensation Plan. Minimum PTV requirements may be fulfilled by the ZPLAYER either participating in games or tournaments or by the ZPLAYER’s direct Players participating in games or tournaments. A ZPLAYER who fails to meet the required PTV is not qualified to earn commissions for the month in which the minimum PTV was not met, is compressed (as defined in the ZPLAYER Compensation Plan), and commissions accrue to the upline of the non-qualified ZPLAYER as though the non-qualified ZPLAYER were the direct Player of the non-qualified ZPLAYER’s sponsor. PTV for all ZPLAYERS is calculated prior to disqualification, so volume earned by a non-qualified ZPLAYER or the non-qualified ZPLAYER’s direct Players does not increase PTV for the sponsor for the purposes of qualification of the sponsor or the remainder of the non-qualified ZPLAYER’s upline.
Representations, Warranties and Indemnities
13. ZPLAYER Identification Number. All ZPLAYERS who play for money are required to provide a Social Security Number or Federal Tax ID Number for all government reporting purposes. FantaZ will issue a ZPLAYER Identification Number to each ZPLAYER upon approval as a ZPLAYER. The ZPLAYER Identification Number must be indicated by the ZPLAYER on all correspondence with FantaZ, including paperwork for enrolling, product ordering, disputes, Player service inquiries, etc. Receipt of or use of a ZPLAYER number signifies acceptance of these Terms and Conditions.
ZBO Legal Compliance
14. Taxes. ZPLAYERS will be treated as independent contractors for all federal or state tax purposes. As independent contractors, ZPLAYERS will not be treated as employees, franchisees, joint ventures, partners, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Tax Act, state unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation.
15. Legal Compliance. All ZPLAYERS shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All ZPLAYERS are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, FantaZ will issue an IRS Form 1099-MISC for non-employee compensation for ZPLAYERS as required by law.
16. Other Products and Services. ZPLAYERS are not restricted from selling the products and services of other companies. However, ZPLAYERS may not promote products, services, or income opportunities of other direct selling companies to FantaZ Players or FantaZ ZPLAYERS Any ZPLAYER found in violation of this rule risks suspension or termination of their Z Business.
17. No Exclusive Territories. There are no exclusive territories for marketing or enrolling purposes. No ZPLAYER shall imply or state that he or she does have an exclusive territory.
18. Enrolling Not Compensated. FantaZ ZPLAYERS may sponsor other ZPLAYERS into the FantaZ program, and such persons may be enrolled if otherwise qualified. However, ZPLAYERS are compensated only on Personal Tournament Volume (“PTV”), Group Tournament Volume (“GTV”) and Commissionable Tournament Volume (“CTV”) as set forth in detail in the ZPLAYER Compensation Plan, and never for enrolling additional participants into the program.
Trade Secrets and Intellectual Property
19. Confidentiality Agreement. Information contained in any genealogy, downline report, Compensation Plan or report, bonus plan or report, marketing plan or similar information provided by FantaZ is proprietary and confidential to FantaZ and is transmitted to the ZPLAYER in the strictest confidence. The ZPLAYER agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with FantaZ for any purpose other than promoting the FantaZ Income Opportunity or recruiting Players. The ZPLAYER and FantaZ agree that, but for this agreement of confidentiality and non-disclosure, FantaZ would not provide the information to the ZPLAYER. Any ZPLAYER who is found to be in violation of this rule risks suspension or termination, and agrees that FantaZ will lack an adequate remedy at law and may seek injunctive relief to enforce this provision. The right of FantaZ to seek injunctive remedies does not preclude FantaZ from also seeking monetary damages, including both actual and consequential damages, from a person or entity violating this provision.
20. Trademarks. The names the “Z,” “ZPLAYER,” “Z Business,” “FantaZ,” “FantaZ.com,” “FantaZBiz,” “FantaZBiz.com,” “FantaZgames,” “FantaZsports,” “FantaZ Fashion DivaZ,” “FantaZ Universe,” “FantaZ Fashion Diva,” “FantaZ Global,” “Planet FantaZ,” and the names of all FantaZ products and services, and the phrases “Where Skill Pays” and “Play Promote Profit” are the registered or unregistered trademarks of and owned by Fanta-Z Holdings, LLC. Only FantaZ is authorized to produce and market products and literature under these trademarks. Use of the FantaZ name on any item not produced or authorized by FantaZ is prohibited.
21. Copying Prohibited. ZPLAYERS shall not copy, record, or transmit, whether for sale or for personal use, any audio or video of: (a) material detailing the FantaZ Income Opportunity; (b) any product or service presentation; (c) any speech, conference call, webinar, presentation, or other event without express written permission from an officer of FantaZ, regardless of whether the presenter is an employee, shareholder, or officer of FantaZ, a ZPLAYER, or a third party. A presenter who is not an officer of FantaZ may not waive this provision. FantaZ may seek injunctive relief, including destruction of the offending copy or recording, and/or damages from the violator for the unauthorized use of FantaZ copyrights, trademarks, trade secrets, and materials. Video or audio taping of FantaZ meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host. This provision does not prohibit a ZPLAYER from transmitting hyperlinks to such material on an authorized FantaZ Site or embedding a FantaZ video in the ZPLAYER’s site, so long as the video is actually hosted on the hosting site set by FantaZ.
Sponsorship and Training
22. Obligations of Enrollers.ZPLAYERS who choose to enroll are required to assure the adequate training of their enrolled ZPLAYERS. “Adequate training” includes, but is not limited to, education regarding FantaZ rules and regulations, Compensation Plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with ZPLAYERS in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products or services to the ultimate Player. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to FantaZ training either online or offline, and sharing genealogy information with those enrolled. ZPLAYERS must maintain written or electronic records of the training of their downline and provide these records to FantaZ upon request.
23. Transferring Sponsorship.
24. ZPLAYER Training. ZPLAYERS are responsible for providing training to the ZPLAYERS they enroll. Training assistance is provided in the FantaZ Official Website such as video, audio, and text materials. Also, each ZPLAYER may receive periodic FantaZ publications that include ongoing training and products and services information. This information may be delivered by online or offline means.
Sale or Transfer of Z Business
25. Limits on Transferability or Sale. Prior to selling, assigning, or transferring a Z Business to a third party, the selling ZPLAYER must first offer the Z Business, in writing, to the immediate sponsor on the same terms. If the immediate sponsor does not accept the offer in writing within five business days, the immediate sponsor’s right to purchase the Z Business on such terms terminates, and the ZPLAYER may sell, assign, or transfer his or her Z Business to the third party on such terms, if the third party is approved by FantaZ. While FantaZ shall not unreasonably withhold approval for purchase by a third party, FantaZ may impose the same ownership restrictions on third-party purchasers as FantaZ imposes on new distributors. The third party shall pay FantaZ an administrative fee equal to the current new distributor fee for the transfer. If the Company determines, in its sole discretion, that the Z Business was transferred in an effort to circumvent compliance with this Agreement, the Company may order the selling distributor and the new distributor to unwind the sale and may suspend any payments to either distributor until such sale is unwound.
26. Succession. Upon the death of a ZPLAYER, if the ZPLAYER is a natural person, the Z Business passes by will or intestate succession as personal property, as provided by law, unless the Z Business is jointly owned with a spouse, in which case the deceased spouse’s interest passes to the surviving spouse pursuant to Section 5. FantaZ will require the successor-in-interest to sign and be bound by the then current ZPLAYER Agreement. The successor is then entitled to all the rights and subject to all the obligations, just as any other FantaZ ZPLAYER. Until the successor-in-interest accepts the current ZPLAYER Agreement and provides a Federal Tax ID Number, FantaZ shall suspend all payments to the Z Business. If the successor-in-interest fails to provide a Federal Tax ID Number or to accept the current ZPLAYER Agreement within one year of the death of the ZPLAYER, FantaZ may involuntarily terminate the Z Business as of that date and pay the suspended payments to the estate representative or the state unclaimed funds registry for the state in which the ZPLAYER resided.
Termination or Suspension of Z-Business
27. Voluntary Termination. A ZPLAYER may voluntarily terminate his or her Z Business by failing to renew when applicable or upon written notice to FantaZ through the back- office. Voluntary termination is effective upon receipt of such notice by FantaZ.
28. Involuntary Termination or Suspension. A ZPLAYER may be involuntarily suspended or terminated by FantaZ for violating any of the terms of this Agreement or the provisions of any applicable laws.
29. Appeals. An involuntarily terminated ZPLAYER may appeal the termination by submitting a letter of appeal and stating the grounds of the appeal. This letter may be submitted via facsimile, with an original sent U.S. Postal Service or private delivery service return receipt requested and must be received by FantaZ within 15 days of the date of mailing of the Company’s initial termination notice. The letter of appeal should include any evidence or other information relevant to reconsideration of the above. If the Company has not received a letter of appeal by that deadline, the involuntary termination automatically becomes final. If a ZPLAYER files a timely appeal, FantaZ will, in its sole discretion, review and reconsider the termination and notify the ZPLAYER of its decision. The decision of the Company is final and subject to no further review. If the appeal is denied, the termination remains in effect as of the date of the Company’s original termination notice.
30. Effect of Suspension. Should FantaZ deem it necessary to suspend a ZPLAYER, such suspension means that the ZPLAYER may not represent itself as a ZPLAYER of FantaZ and that any commissions, royalty overrides, or bonuses due will be held by FantaZ pending resolution. If the ZPLAYER is reinstated, the suspended payments will be paid to the ZPLAYER upon reinstatement. If the ZPLAYER is not reinstated, the held payments will be distributed to the upline of the terminated ZPLAYER, in accordance with the Compensation Plan, as though the ZPLAYER had been terminated effective the date of the suspension.
31. Effect of Termination. In the event a ZPLAYER is terminated, effective with such termination the ZPLAYER can no longer sell FantaZ products and services or enroll other ZPLAYERS. The ZPLAYER also loses all rights to commissions, bonuses, and all other benefits. All downline ZPLAYERS and Players of the terminated ZPLAYER become sponsored by the immediate upline ZPLAYER of the terminated ZPLAYER, effective the date of termination.
Marketing a Z Business
32. Imprinted Checks. ZPLAYERS are not permitted to use the FantaZ trade name or any of its trademarks on their business or personal checking accounts. However, ZPLAYERS may imprint their FantaZ business checks under their business name indicating that they are a “FantaZ Independent ZPLAYER.”
33. Yellow and White Page Listing. ZPLAYERS are not permitted to use the FantaZ trade name or trademarks in advertising their telephone or fax numbers in the white or yellow page sections of the telephone book.
34. Offline/Print or Hard Copy Advertising Policy.
35. Company Literature. Only official FantaZ literature, pictures, videos, flash presentations, etc., may be used in presenting FantaZ products, services, and the FantaZ Income Opportunity. Company literature, pictures, videos, flash presentations, etc., may not be duplicated or reprinted without prior written permission from FantaZ or as stated by FantaZ on the FantaZ Website. All promotional material of any nature, including electronic, must be approved in advance and in writing by FantaZ. Customized videos or other promotional material generated from the FantaZ Website tools are approved for ZPLAYER use so long as they are unaltered from the format and content generated from the FantaZ Website. To ensure the quality of marketing materials, FantaZ requires that the following materials only be purchased from approved vendors through the FantaZ Website: business cards, flyers, and postcards/drop cards.
36. Media Interviews. ZPLAYERS are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement or press release to the public media to publicize FantaZ, its products, services, or their individual Z Business, except with the express written approval of FantaZ. All media contacts and inquiries must be coordinated through the approval and representation of a FantaZ Corporate Representative.
37. Internet and Website Policy.
38. No Business Name Containing FantaZ Trademarks. ZPLAYERS shall not incorporate or organize any entity containing the name “FantaZ,” “Fanta-Z,” “ZPLAYER,” “Play- Promote-Profit,” “Where Skill Pays” or similar name. ZPLAYERS shall not register any assumed name, fictitious name, or DBA using such terms. This provision does not prohibit the use of the term “Z Business” or “Z” (such as “Bob’s Z Business, LLC” or “Bob’s Z Site, Inc.”).
39. No Trademark Registration by ZPLAYERS. ZPLAYERS may not use or attempt to register any of FantaZ’s trade names, trademarks, service names, service marks, product names, Company name, or any derivative thereof, for any internet domain name or for any federal or state trademark. The ZPLAYER may not incorporate FantaZ’s trade names, trademarks, service names, service marks, product names, Company name, or any derivative thereof, into any electronic mail address. Any registration by a ZPLAYER in violation of this provision is held in trust for the benefit of FantaZ and shall be assigned, on demand, to FantaZ.
40. Independent Communications. ZPLAYERS, as independent contractors, are encouraged
to distribute information and direction to their respective downlines. FantaZ
encourages the use of newsletters, email, training workshops both online and offline,
and other organizational programs.
41. Endorsements. No endorsements or testimonials of any kind, including by FantaZ officers, may be alleged, except as expressly communicated in FantaZ literature or approved in writing. If a ZPLAYER is endorsed by a third party (such as a celebrity, charitable organization, etc.), the ZPLAYER must have written authority from the third party to use such endorsement, and must have provided a copy of such written authority to FantaZ prior to advertising with such endorsement.
42. Telephone Answering. ZPLAYERS may not answer the telephone by saying “FantaZ,” “FantaZbiz,” “FantaZsports,” “FantaZgames,” or with any other FantaZ-related trademark, or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of FantaZ or its licensed affiliates.
43. Repackaging, Relabeling, and “Masking” Prohibited. ZPLAYERS may not repackage or relabel any FantaZ products, services, or materials in any way. ZPLAYERS shall not “mask” the FantaZ domains such that downline or consumers do not see the actual domain name of the website that they are viewing. ZPLAYERS may “redirect” domains to their FantaZ ZPLAYER website, so long as the actual FantaZ ZPLAYER website name is visible (e.g., redirect “www.MakeMoneyWithBobSmith.com” to “www.FantaZ.com/ZPlayer/BobSmith” with “www.FantaZ.com/ZPlayer/BobSmith” visible to the user). In this section, “redirect” and “mask” have the meanings associated with their use in the web design and internet hosting context.
44. Consent to Promotion Using Name. By becoming a ZPLAYER, the ZPLAYER consents to FantaZ listing the ZPLAYER’s name, likeness, and FantaZ internal ZPLAYER URL or landing page on any page in the FantaZ Website or on any FantaZ promotional material, including, but not limited to, the Wall of Fame page, the Home page, a ZPLAYER landing page, or the Promotional Carousel.
Payments and Z-Wallet
45. Calendar Periods for Calculation and Payment. All compensation designated in the Compensation Plan as “Commissions” or “Unilevel Compensation” will be calculated based on the calendar month and paid no later than the end of the following calendar month. All compensation designated in the Compensation Plan as “Bonuses” or “Pools” will be calculated based on the period designated in the bonus program (e.g., calendar months, calendar quarters, calendar halves, calendar years) and paid by the end of the calendar month following the end of such period. Any payments by FantaZ of commissions or bonuses prior to such deadline is wholly discretionary on the part of FantaZ and does not constitute a “course of dealing” or “course of performance” and expressly does not obligate FantaZ to continue to make any such payments before the deadlines set forth herein. In the event that the Compensation Plan or a special bonus program designates a different calculation period or payment period, the Compensation Plan or special bonus program guidelines will control the calculation or payment. FantaZ, at its option, may offset any monies owed to it by a ZPLAYER, or credits for refunds, or uncollectible accounts from any money to be paid to a ZPLAYER even if the monies owed or credits would be from a later period than the compensation to be paid. If FantaZ, in its sole discretion, believes itself to be under-secured for potential refunds, chargebacks, offsets, or other deductions from a ZPLAYER, FantaZ may withhold a reasonable amount of commissions, overrides, or other payments to a ZPLAYER for a reasonable period of time as security against such potential refunds, chargebacks, offsets, or other deductions.
46. Payments through Z-Wallet. FantaZ may make all payments to a ZPLAYER by depositing the payments in the ZPLAYER’s Z-Wallet or other payment processing system on the FantaZ Site. Upon making such an electronic payment, FantaZ shall notify the ZPLAYER by electronic mail or electronic entry within the Z-Wallet system showing the calculation, period, and type of compensation.
47. Withdrawals from Z-Wallet. ZPLAYERS may request withdrawals from the Z-Wallet at any time through the FantaZ Website. ZPLAYERS may either have the funds transmitted by Automated Clearing House (ACH), wire transfer, or check. If funds contained in a Z- Wallet are traceable to deposits from specific credit cards or ACH/wire transfers from specific accounts, FantaZ may require that withdrawals, to the extent of those deposits, are refunded to those specific credit cards or returned to those specific bank accounts.
48. Withdrawal Fees from Z-Wallet.
49. No Payments to Prohibited Jurisdictions. FantaZ is not obligated to and will not mail checks to a Prohibited Jurisdiction. If a ZPLAYER requests that a check be sent to a Prohibited Jurisdiction, or a ZPLAYER does not provide any address except that in a Prohibited Jurisdiction, FantaZ may tender payment by making the check available for pickup by the ZPLAYER at its corporate headquarters, and it will be the responsibility of the ZPLAYER to retrieve the check. FantaZ will not send a check to a Prohibited Jurisdiction with the U.S. Postal Service or with a common carrier to an address in a Prohibited Jurisdiction, even if a pickup is arranged with such a carrier by a ZPLAYER. FantaZ is not obligated to and will not send an ACH transfer or wire transfer to a bank address in a Prohibited Jurisdiction or for credit to an account based in a Prohibited Jurisdiction. In the event that any such request is made, FantaZ will endeavor to inform the ZPLAYER that the payment cannot be made because the requested address is located in a Prohibited Jurisdiction. Even if the ZPLAYER does not receive actual notice that FantaZ has rejected the payment location, the ZPLAYER is deemed to have constructive notice of the Prohibited Jurisdiction and FantaZ has tendered payment by making a check available for pickup at its corporate headquarters.
50. Refunds or Chargebacks. FantaZ may recover commissions from any ZPLAYER for monies refunded to or charged back by a ZPLAYER or Player in the ZPLAYER’s downline. FantaZ will attempt to equitably charge such refund to all ZPLAYERS who received a portion of the commission from such refunded or charged-back monies, but FantaZ may charge or offset the refund or chargeback from any ZPLAYER in the upline of the ZPLAYER or Player who receives the refund or chargeback.
Products and Shipping
51. Retail Outlets. ZPLAYERS may not resell merchandise with the FantaZ logo in retail outlets, including, but not limited to, flea markets or swap meets, shopping malls, or restaurants, without prior written approval. FantaZ may sell merchandise in these locations or authorize ZPLAYERS to sell merchandise in these locations at the sole discretion and option of FantaZ.
52. Price Changes. All FantaZ products, services, literature, ZPLAYER monthly Website fee, annual renewal fee, and other prices are subject to change without notice. All prices will be the same for all ZPLAYERS.
53. Termination Returns. If a terminating ZPLAYER has purchased products for resale while the ZPLAYER Agreement was in effect, the Company will honor any applicable statutory buyback requirements. The ZPLAYER must submit a request for a Return Merchandise Authorization (RMA), follow the FantaZ instructions to return the products, and prepay all return shipping costs. Products or sales materials not in resalable condition will be returned to the ZPLAYER at the ZPLAYER’s expense.
53. Downline Genealogy. A ZPLAYER may view his downline genealogy through the virtual office. If a ZPLAYER is legally entitled to receive additional information about his downline genealogy, in addition to what is displayed in the virtual office, FantaZ shall provide such to the ZPLAYER upon request and prepayment of costs of providing such information, with the ZPLAYER paying FantaZ a fee of $1 per ZPLAYER or Player for this printout, with a minimum cost of $50 (which may be waived or reduced by FantaZ at its sole option). FantaZ, at its option, or at the request of specific ZPLAYERS or Players, may remove certain personally identifying information from this genealogy.
Games and Tournaments
54. Cancellation of Tournament and Refund of Entry Fees. If a Player or ZPLAYER prepays for a service offered by FantaZ (such as the entry fee for a tournament or game of skill) and either: (1) the underlying event does not take place; (2) the FantaZ Website is unavailable to all users; (3) the game or tournament, for technical reasons, cannot be played; or (4) FantaZ for any reason, at its sole discretion, chooses to cancel the game or tournament, then FantaZ shall credit a refund of the prepaid entry fees to the accounts of all participants in such event or game and cancel the event or game, and FantaZ has no further obligation to pay a prize for that tournament.
55. Player or ZPLAYER Responsible for Website Connection. It is the responsibility of each ZPLAYER and Player to ensure that he or she has sufficient technical resources to access the FantaZ Website. If a ZPLAYER or Player is unable to access or continue participation in a game or event because of technical problems of the ZPLAYER or Player or the network or internet provider or that ZPLAYER or Player, FantaZ is not obligated to refund entry fees to that particular ZPLAYER or Player.
56. Disconnection of Participant. If a game is a live, multiple-player game, a ZPLAYER or Player who becomes disconnected and remains disconnected for a reasonable period of time (which would be disclosed at the beginning of the game) may be treated as having resigned from the game. If a game is not a live game, a ZPLAYER or Player who becomes disconnected for any period of time will be treated as having resigned from the game. At the option of FantaZ (but consistent within the specific tournament), the resignation (or disconnection) of a ZPLAYER or Player from a tournament, for scoring purposes, FantaZ will either: (1) treat the ZPLAYER or Player as though he had not left any unanswered questions unanswered; (2) treat the ZPLAYER or Player as though he had not taken any further actions in the game in which he or she was participating; (3) provide a zero score to the ZPLAYER or Player; or (4) provide the minimum score in the game to the ZPLAYER or Player.
57. FantaZ Right to Waive Certain Provisions. In exceptional circumstances, FantaZ may, at its sole option, waive the enforcement of either of the above two sections (section 58 or section 59) and require Players to continue the tournament at a later time.
58. Intentional Disconnection Prohibited. A ZPLAYER or Player is prohibited from intentionally disconnecting from a game or tournament without using the built-in option to withdraw from the game or tournament. FantaZ may suspend or restrict a ZPLAYER or Player who makes an intentional practice of disconnecting from games.
Legal Rights, Notices, and Limitation of Liability
59. Buyer’s Right to Cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller’s main office. All signups should be only through the FantaZ online sign-up page to ensure that the proper notifications are given. Any ZPLAYER which signs up Players or ZPLAYERS other than through the FantaZ online Website is personally liable for any liability incurred because of cancellation rights.
60. Recordkeeping. FantaZ encourages all its ZPLAYER to keep complete and accurate records of all their business dealings for tax and accounting purposes. A recommended publication is the Retail Industry ATG - Chapter 3 – Examination Techniques for Specific Industries (Direct Sellers), available from the IRS website.
61. Income Claims. ZPLAYER EXPRESSLY REPRESENTS AND WARRANTS TO FANTAZ THAT NO EMPLOYEE, SHAREHOLDER, OFFICER, AGENT OF FANTAZ, AND NO ZPLAYER, SPONSOR, OR OTHER PERSON HAS MADE ANY REPRESENTATION OF INCOME THAT THE ZPLAYER WILL EARN FROM THE FANTAZ OPPORTUNITY. ZPLAYER EXPRESSLY REPRESENTS AND WARRANTS TO FANTAZ THAT ZPLAYER HAS FULLY INVESTIGATED THE FANTAZ OPPORTUNITY AND THAT ZPLAYER UNDERSTANDS THAT THIS AND ALL BUSINESS VENTURES ARE INHERENTLY RISKY AND THAT ZPLAYER IS INVESTING MONEY THAT ZPLAYER CAN AFFORD TO LOSE SOME OR ALL OF IF THE BUSINESS VENTURE IS UNSUCCESSFUL. Any false, deceptive or misleading claims regarding the Business Opportunity or product/service are prohibited. ZPLAYERS occasionally, in violation of the rules of FantaZ, represent hypothetical income figures based upon mathematical calculations of the power of network marketing as actual income projections. This is counterproductive, and prohibited, since new ZPLAYERS may be quickly disappointed if their results are not as rapid as the hypothetical model. If a ZPLAYER is uncertain as to the accuracy of any calculations or income projections presented, ZPLAYER should contact FantaZ for additional information. Even though a ZPLAYER may witness another party making false, deceptive, misleading, or hypothetical calculations of income, this provision is not waived and the ZPLAYER is not permitted to engage in such activity.
62. Contact Each person who registers on the FantaZ Website consents to receiving periodic emails and other contact from FantaZ regarding FantaZ and the FantaZ Opportunity and specifically about such person’s account. Persons who register with FantaZ may opt-out of the periodic emails by following the instructions in such emails. Persons may not opt-out of certain emails specific to their FantaZ account, except by cancelling their FantaZ account.
63. No Governmental Endorsement. Federal and state regulatory agencies do not approve or endorse direct-selling programs. In some instances, the FantaZ program may be registered with a state or federal agency. Registration does not represent or imply endorsement by that agency and does not mean that agency has undertaken any investigation of the FantaZ program. Therefore, ZPLAYERS may not represent or imply, directly or indirectly, that the FantaZ program has been approved or endorsed by any governmental agency.
64. Amendments. FantaZ reserves the right to amend this Agreement, its prices, product availability, and Compensation Plan as it deems appropriate, so long as all Amendments apply equally to all ZPLAYERS. Generally, Amendments are effective for all ZPLAYERS as of the effective date stated in the Amendment; however, in the event that, because of applicable law or practical implementation issues, an Amendment cannot be applied to all ZPLAYERS immediately, such Amendment will be applicable to each ZPLAYER on that ZPLAYER’s annual renewal date. Amendments will be communicated to all ZPLAYERS through FantaZ publications, through its Website, or by electronic means.
65. 67. Non-Waiver Provision. No failure of FantaZ to exercise any right under this Agreement or to insist upon strict compliance by a ZPLAYER with any obligation or provision herein and no custom or practice of the parties at variance with this Agreement shall constitute a waiver of FantaZ’s right to demand exact compliance with this Agreement. Waiver by the Company can only be made in writing by an authorized officer of the Company. FantaZ’s waiver of any particular default by a ZPLAYER shall not diminish or impair FantaZ’s rights with respect to that default, if it is continuing, or any subsequent default, nor shall it diminish or impair in any way the rights of FantaZ with respect to any obligations of any other ZPLAYER.
66. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which FantaZ has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, FantaZ shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The ZPLAYER shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
67. Jurisdiction. All disputes and claims relating to this Agreement, the FantaZ Compensation Plan, its products, the rights and obligations of a ZPLAYER and FantaZ, or any other claims or causes of action relating to the performance of this Agreement by either party shall be governed by the laws of Nevada and shall be adjudicated totally and finally in Nevada, or such other location as FantaZ prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, a Louisiana resident ZPLAYER shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
69. Pre-Launch Applicants. FantaZ, at its sole discretion, may allow applicants to pre- register prior to the full launch of the FantaZ Website (“Pre-Launch Applicants”). Such registrants are only submitting applications to become ZPLAYERS, and FantaZ’s acceptance of such applicants as ZPLAYERS is expressly made conditional upon payment of the fee in section 1 and compliance with these Terms and Conditions. Acceptance of Pre-Launch Applicants as ZPLAYERS and allowing the Pre-Launch Applicants to register other Pre-Launch Applicants and Players is wholly within the discretion of FantaZ.
70. Notices All legal notices, demands, and service must be made to:
Fanta-Z Holdings, LLC
Attn: Legal Department
2780 South Jones Blvd # 3431
Las Vegas, NV 89146
71. Limitation of Liability, Waiver of Claims, and Indemnification of FantaZ. To the extent permitted by law, FantaZ shall not be liable for and ZPLAYER releases and holds FantaZ harmless from, and agrees to indemnify and defend FantaZ from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by ZPLAYER as a result of: (a) the breach by the ZPLAYER of this Agreement; (b) the operation of ZPLAYER'S business; (c) any incorrect or wrong data or information provided by ZPLAYER; (d) the failure to provide any information or data necessary for FantaZ to operate its business, including without limitation, the enrollment and acceptance of ZPLAYER into the FantaZ Income Opportunity or the payment of commissions and bonuses; (e) any misrepresentations by the ZPLAYER, whether intentional, knowing, negligent or unintentional, to any party; (f) any misrepresentations by a third party, including a member of the upline or potential upline of ZPLAYER, to the ZPLAYER; and (g) any misuse, unauthorized use, or infringement by the ZPLAYER, regardless of whether such misuse, unauthorized use, or infringement by the ZPLAYER is intentional or not, of the trademarks, copyrights, patents, or other intellectual property of any third party, whether on the FantaZ Site, a website owned or hosted by the ZPLAYER, or other misuse, unauthorized use, or infringement by the ZPLAYER on the intellectual property of a third party for which the third party alleges that FantaZ is liable. Furthermore, it is agreed that any liability from FantaZ to the ZPLAYER may not exceed, and is hereby expressly limited to, the lesser of: (i) the amount paid by the ZPLAYER to FantaZ within the previous six months; or (ii) the amount of commissions owed to the ZPLAYER at such time.