Last Updated 2023-08-25
WELCOME TO GiANT! You have joined a dynamic group of individuals who are dedicated to improving their lives and that of their family and friends, while taking steps to improve their personal and financial wellbeing. Along the way we’ll have a great time together and you will grow in ways you’ve probably never imagined. What follows are GiANT’s policies and procedures, which is frequently referred to as the “P&P.” They are the rules of the road for your independent GiANT business. By abiding by the letter and spirit of the rules, your business will stay on the right track.
Your Independent GiANT Guide Agreement includes several documents. In addition to the terms and conditions that you agreed to when you enrolled, your contract with GiANT includes these Policies and Procedures, the GiANT Compensation Plan, and if you enrolled as a business entity (such as an LLC or corporation), the Business Entity Application & Agreement. We will refer collectively to these documents as the “Agreement.” The most current version of the Agreement, including these Policies and Procedures, will be posted on the GiANT website, and within your Dashboard. When the terms “We”, the “Company” or “Our” are used in the Agreement, it means GiANT. When the terms “You”, “Your” or “Guide” are used, we are referring to you and our other Independent GiANT Guides.
In addition to other sales channels, GiANT markets its products & services through independent contractor sales representatives called “Guides.” To clearly define the relationship that exists between Guides and GiANT, and to explicitly set a standard for acceptable business conduct, GiANT has established the Agreement.
GiANT Guides are required to read and comply with all of the terms and conditions set forth in the Agreement, as well as all federal, state, and local laws governing their GiANT business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this Agreement carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from your pack leader(s) or the Compliance Department at GiANT. The Compliance Department may be reached via compliance@giantworldwide.com.
Because federal, state, and local laws, as well as the business environment, periodically change, GiANT reserves the right to amend the Agreement and its prices from time to time in its sole and absolute discretion. By entering into the Guide Agreement, a Guide agrees to abide by the Agreement and financial terms of all amendments or modifications that GiANT elects to make. Any of these changes will be effective upon posting such amendments or updated documents on the GiANT website. The Company may provide or make available to all Guides a copy of the amended provisions by one or more of the following methods: (1) posting on GiANT’s official website; (2) electronic mail (email); (3) inclusion in Company periodicals; (4) inclusion in product orders; or (5) special mailings. The continuation of a Guide’s GiANT business (“Guideship”) or a Guide’s acceptance of commissions constitutes acceptance of any and all amendments present and future.
GiANT will not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, terrorism, acts of God, acts of nature, acts beyond the reasonable control of GiANT, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
If any provision of the Agreement, in its current form or as it may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision will be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if the invalid, or unenforceable provision, never comprised a part of the Agreement.
GiANT never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of your business. No failure of GiANT to exercise any right or power under the Agreement or to insist upon strict compliance by a Guide with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, will constitute a waiver of GiANT’s right to demand exact compliance with the Agreement. Waiver by GiANT can be effectuated only in writing by an authorized officer of the Company. GiANT’s waiver of any particular breach by a Guide will not affect or impair GiANT’s rights with respect to any subsequent breach, nor will it affect in any way the rights or obligations of any other Guide. In addition, no delay or omission by GiANT to exercise any right arising from a breach will affect or impair GiANT’s rights as to that or any subsequent breach.
The existence of any claim or cause of action of a Guide against GiANT will not constitute a defense to GiANT’s enforcement of any term or provision of the Agreement.
GiANT Guides have the unique opportunity of representing GiANT, our vision and our products and services in the community at large. For this reason, we expect that Guides will uphold the standards of our Company and that each Guide will serve as an ambassador of Our mission and Our brands. Accordingly, in addition to all terms of the Agreement, all Guides must agree to the following GiANT Guide Code of Ethics:
Section 2 - Becoming a Guide
There are a few requirements to be an Independent GiANT Guide:
You are not required to buy products or services to be a Guide or to earn a commission, however there are some expenses. There is a monthly charge for your GiANT Guide Subscription, and optional charges should you wish to purchase any GiANT products for personal use.
The current cost of the GiANT Guide Subscription can be found on the GiANT Guide Application.
Once we accept your Guide Application and Agreement, and if you have an active GiANT Guide Subscription, you’re entitled to a number of benefits that include the following:
You must never engage in deceptive, fraudulent, or illegal activity in conjunction with your independent GiANT business or make any false or deceptive claims about GiANT’s products or business opportunity. You must also conduct yourself so that your activities outside of your independent GiANT business do not affect Your business or GiANT’s reputation. For example, if you are convicted of a felony or some other illegal activity that is unrelated to Your GiANT business, it can damage the Company’s reputation and goodwill. Therefore, we reserve the right to cancel Your Agreement if You are convicted of, or plead no contest to, a felony or a crime involving drugs, fraud, theft, physical or sexual violence or abuse, or any other crime involving moral turpitude.
Guides must promote and offer the GiANT business and products in a manner that is consistent with the methods in the Company’s training materials. Guides may not require or encourage other current or prospective Customers or Guides to execute any agreement or contract other than the official GiANT agreements and contracts in order to become an Independent GiANT Guide. Guides may not sell or in any manner profit from (directly or indirectly) or promote lead lists to other Guides.
GiANT Guides may not require compensation or other benefits (such as income, traded or free services, recoupment of costs, charitable donations, etc.) for tools, consulting for Guides, software or other sales aids, including requiring any other Guide to use any third party tools as part of their Guide business.
Guides may not market any other goods or services to any Guides or their customers through any GiANT tools, mediums or by using any GiANT provided contacts or information. However, Guides are permitted to market their own goods and services (subject to other restrictions set forth in these policies, including the restrictions around other tools and software) through general social media and other non-GiANT mediums.
You may only create GiANT branded items (t-shirts, caps, etc.) for your own personal use (not sold for profit) and only with the prior written approval of our Compliance department. Your proposed designs may be submitted by emailing the proposed materials to compliance@giantworldwide.com. Any proposed branded items must comply with the terms of these Policies and Procedures and may not include the name, image or likeness of any GiANT trainers.
You may not engage in any television or radio advertising that has not been pre-approved in writing by the Company. Requests for the approval of television or radio advertising must be submitted to the Compliance department at compliance@giantworldwide.com.
You may want to promote your GiANT business through a website. We provide all Guides with GiANT replicated websites ("Storefronts"). These replicated websites ("Storefronts") are template websites from which you can sell GiANT products and enroll new Guides. If you want to use a website other than a Company provided replicated website ("Storefront"), you must abide by the following rules:
Guides may not use, attempt to register, or register with the U.S. Patent and Trademark Office, any state Trademark Office, any Trademark Office outside of the United States, any governmental corporations division, or with any domain registrar any of the following or their translations (in any language), whether alone or in combination with any other word(s), design(s), or symbol(s): (1) Our name GiANT; (2) GiANT’s brand names, trade names, trademarks, service marks, product names, domain names, symbols, logos, slogans, artwork, or other identifiers or designations of origin of GiANT (“Marks”); (3) anything confusingly or substantially similar to any of the Marks as determined by GiANT, including any portion of, modification to, or derivative of any of the Marks, or (4) the word “Guide” by itself. This restriction includes any use of any of the above as or in connection with any symbols, keywords, advertisement buys, hidden text, or any other activities that are considered Internet optimization; as any Internet domain name (including, without limitation, as a sub-domain on the GiANT website); as a registered business entity name; or as the Guide’s account name or user ID within any blogs, social networking websites, or any “posting” sites such as (but not limited to) Facebook, YouTube, Instagram, or Twitter; or as the numbers/designations within a Guide’s phone number (for example, 1-800-GOGiANT).
GiANT products enjoy strong brand recognition. Because GiANT brands are well recognized, we must go to great lengths to protect them. So long as You are an active Independent GiANT Guide, You have limited license to use the Marks for the sole purpose of building your GiANT business and selling GiANT products. You can download the Marks from your Guide Operating System and You may only use the Marks that are available for download. That is, You must not try to copy or recreate any of the Marks or any mark that is similar to the Marks. You are expressly prohibited from modifying the Marks in any manner.
Finally, You must not use any of the Marks in any domain name, email address, social media handle, or use them in a team or company name, or use them in a customized license plate.
We also have to protect our copyrighted material. Therefore, You may not copy or produce for sale, distribution, or advertising any of the Company’s copyright-protected material and may not record Company events and speeches without express written permission from GiANT. Likewise, GiANT produces its own promotional videos, some of which are posted in your Guide Operating System ("Dashboard") for Your use. If You use any of these videos, you must use the video as it is posted and never edit the video. If You use any of Our copyrighted materials in your promotional material, which GiANT deems violates this Agreement or any of its intellectual property rights, it may ask you to immediately take down such promotional materials and remove Our copyrighted materials; otherwise, You agree that GiANT shall have an irrevocable license to use the material You produce and shall not have any obligation to pay any form of remuneration or compensation to You.
To the extent that Guides become aware of any activity that may infringe on any trademark, copyright, or other intellectual property rights of GiANT, Guides should immediately inform GiANT via email at compliance@giantworldwide.com. Guides should not, and are not authorized to, act on GiANT’s behalf in such situations for many reasons, including that any action could harm GiANT’s ongoing enforcement efforts.
We have business relationships with other well-known companies. We usually have a license to use their marks but our license is limited. That means that We are only allowed to use their marks according to the terms of Our contract with them. Consequently, We need to be careful not to misuse their marks. If We have a license to use another business’ Marks, and they have authorized Guides to use their marks as well, We will post authorized and approved Marks in your Guide Operating System ("Dashboard"). You may ONLY use the marks that are posted in your Guide Operating System ("Dashboard") and You must never reproduce any mark of a third party.
This policy is designed to assure that accurate and consistent information is provided to the public, as well as a proper public image. Guides may not publish or allow any third party to publish a press release or news release without obtaining prior written approval of the content and proposed channels by GiANT’s Compliance department. Proposed press releases may be submitted by email to the Compliance department for further review and approval. If You are contacted by the media, please politely direct them to us at compliance@giantworldwide.com. Our media and public relations team will be prepared to respond.
U.S. and international laws relating to unsolicited email (SPAM) are very strict and complex. To put it simply, you may not spam. If You want to send unsolicited email to anyone other than a friend, family member or business colleague, before doing so You must provide the Company with a written legal opinion from a lawyer licensed in the country into which you want to send the email that states that your proposed email campaign complies with the law of the country (the legal fees are at Your expense). Also, a word of caution: some people may try to sell you an email list of leads. They may even say they are “prequalified leads”. We caution you that these are normally a waste of money. It is extremely unlikely that Your returns will exceed what You pay for the leads.
The above is only provided as a general outline of CASL’s requirements, so in order to fully comply with the law and various requirements; you should first consult an experienced attorney before undertaking this type of marketing, particularly around the use of any referrals. For additional information, please also visit http://fightspam.gc.ca.
The use of telephone calls, SMS/text messages, faxes or other messaging in connection with your GiANT business is highly regulated and if not done in compliance with the law, can result in significant legal and financial liability ($16,000 per violation in the U.S., as an example) for You and your business. As with all other marketing efforts You undertake as an independent business, you are fully responsible for being aware of and complying with all laws, rules and regulations, including those which apply to this kind of marketing. Accordingly, you must first consult with an experienced attorney in order to properly comply with the various legal requirements for conducting this type of marketing. In general, Guides may send SMS/text messages to customers with whom they have an existing business relationship; however, sending such messages using technology that has automatic dialing capabilities requires the customer’s prior express written consent as specifically required by law. Any text message sent by a Guide relating to the promotion of their business or any GiANT product or service must clearly identify the sender as an Independent GiANT Guide. In addition, Guides may not use an automatic telephone dialing system to call a customer’s cellular phone in connection with the operation of their GiANT businesses without first obtaining the customer’s prior express written consent as specifically required by law. The term “automatic telephone dialing system” means equipment that has the capacity to: (a) store or produce telephone numbers to be called, using a random or sequential number generator and (b) to dial such numbers. In addition, except as stated in this Section, Guides may not use or transmit unsolicited faxes in connection with the operation of their GiANT business. The terms “unsolicited faxes” means the transmission via telephone facsimile or electronic mail of any material or information advertising or promoting GiANT, GiANT, its products and services, its Compensation Plan, or any other aspect of the Company that is transmitted to any person, except that these terms do not include a fax or email: (1) to any person with that person’s prior express invitation or permission or (2) to any person with whom the Guide has an established business or personal relationship. The term “established business or personal relationship” means a prior or existing relationship formed by a voluntary two-way communication between a Guide and a person, on the basis of (i) an inquiry, application, purchase, or transaction by the person regarding products offered by such Guide or (ii) a personal or familiar relationship, which relationship has not been previously terminated by either party.
Many Guides utilize social media as a tool to grow their business and share their passions. It is critical to remember that whether you do so by participating in a blog, video, Wiki, social network or any other form of online publishing or discussion, social media is heavily regulated and includes the following set of rules and guidelines that Guides must follow.
You Are Responsible for Postings
You are personally responsible for Your postings and all of your other online activity that relates to GiANT. Therefore, even if You don’t manage or operate a blog or social media site, if You post to any site about GiANT, You are responsible for the posting. You are also responsible for postings that appear on any blog or Social Media site that you manage or control even if someone else posts offending material on that site.
Identification as an Independent GiANT Guide
You must disclose your full name on all social media postings, and conspicuously identify Yourself as an Independent GiANT Guide. Anonymous postings, blind ads, or use of an alias are not permitted. This identification must be in the original post and not in a separate comment that could be covered up by subsequent comments, or in your details about yourself. Whenever you provide your personal opinion, you must clarify what is your opinion rather than a GiANT position with a statement such as “The postings on my site are my own and do not necessarily represent the position, strategy or opinions of GiANT and its brands.”
Social Media as a Sales and Promotion Forum
Some social media sites promote commercial use while others prohibit it. It’s Your responsibility to learn and abide by the social media site’s terms of use and policies. Remember, you are strictly limited as to what GiANT provided content you may use from social media pages and other websites managed by GiANT, and the Guide Operating System ("Dashboard"). At no time may any Guide upload or post more than two minutes of any original GiANT content (audio or video) except as released by GiANT directly for Guide promotional use (such as a new product or special bundle or sizzle reel). Guides may only post content (audio, video, or other) of themselves doing a GiANT exercise—without including any of the original audio or visual GiANT content—as long as the total content time (in whole or divided into multiple pieces) does not exceed five minutes in length. Content that exceeds these restrictions and/or time limit (including if divided into multiple pieces) or otherwise violates copyright will be removed from the associated site by the Company without any prior notification to the infringing account holder, and may result in disciplinary action under these policies and procedures as well as the suspension or termination of the user’s account.
Sales and Enrollments from Social Media Sites are Prohibited
Online sales and/or enrollments may only be generated from Your GiANT replicated website ("Storefront"). You must not use a social media site to accept orders or to attempt to enroll prospective Guides. You must not use any social media site to explain the GiANT Compensation Plan or any component of it.
Use of Third-Party Intellectual Property in Postings
As with content you use on your own website, if You use the trademarks, trade names, service marks, copyrights, or intellectual property of any third party in any posting, it is Your responsibility to ensure that You have received the proper license to use it and have paid the appropriate license fee. All third-party intellectual property must be properly referenced as the property of the third-party, and You must adhere to any restrictions and conditions that the owner of the intellectual property places on the use of its property.
Respecting Privacy
Always respect the privacy of others in your postings. As a member of the GiANT community, You should not engage in gossip or advance rumors about any individual, company or competitive product or service.
Professionalism
It is your responsibility to ensure that your postings are truthful and accurate. This includes any references you make to your title (Independent GiANT Guide), as well as any other professional credentials you maintain. Guides should not infer a professional qualification or certification they do not possess. In addition, this requires that You fact-check the material that you post. You should also carefully check Your postings for spelling, punctuation and grammatical errors. Use of offensive language or inappropriate images is prohibited.
Prohibited Postings
You may not make any postings or link to any postings or other material that:
Responding to Negative Posts
Do not attempt to converse with someone who places a negative post against You, other Independent GiANT Guides, or GiANT. You may report negative posts or your specific concerns to the Compliance department via email at compliance@giantworldwide.com.
Responding to negative posts simply fuels a discussion with someone carrying a grudge who does not hold themselves to the same high standards as GiANT, and therefore damages the reputation and goodwill of GiANT.
Social Media Sites with Website-Like Features
Because some social media sites are very robust, the distinction between a social media site and a website may not be clear-cut. GiANT therefore reserves the exclusive right to classify certain social media sites as websites and require that You adhere to the Company’s policies relating to independent websites if You use such social media site.
Failure to comply with these guidelines can not only lead to suspension or termination of your GiANT Guide Operating System, but could also lead to direct action against you by the Federal Trade Commission (FTC), your state’s Attorney General or other regulatory agencies.
Guides who are contacted directly via email, text, phone, or some form of social media by a GiANT customer requesting no further contact or solicitation are obligated to remove that customer from future communications (including emails, Facebook posts and other means of social media).
No Guide may use any electronic tools or forums or websites provided by GiANT (including social media pages hosted by GiANT) to advertise, promote, solicit, or otherwise conduct any third-party businesses, activities, and/or any other third-party business opportunities at any time. In addition, Guides may not use these forums to advertise their GiANT business, offer GiANT products for sale, or recruit Guides into their organization.
The Federal Trade Commission and the Federal Communications Commission each have laws that restrict telemarketing practices. Both federal agencies (as well as a number of states) have “do not call” regulations with which You must comply. Although You probably don’t think of Yourself as a “telemarketer” in the traditional sense of the word, these government regulations broadly define the terms “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal or a state “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly as they carry significant penalties (including some penalties up to $16,000 per violation). All penalties will be at Your sole expense and liability, including but not limited to if they are assessed directly against GiANT due to any Guide’s noncompliance. Therefore, You must not engage in prohibited telemarketing in the operation of Your GiANT businesses, and, in addition to complying with the “do not call registry,” must not make repeat or harassing phone calls to Prospective Guides or Customers. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a GiANT product or service, or to recruit them for the GiANT Guide Business Opportunity. “Cold calls” made to Prospective Customers or Guides to promote either GiANT’s products or services or the GiANT Guide Business Opportunity constitute telemarketing and are prohibited. However, a telephone call(s) to a Prospective Customer or Guide (a “prospect”) is permissible under the following situations:
By participating as a Guide and agreeing to the Agreement, you authorize GiANT to place prerecorded telephone messages to the telephone number(s) you provided in your GiANT Guide Application and Agreement.
You may not offer or facilitate the offering of GiANT products on or through any online auction or classified site, including but not limited to eBay, iOffer, and/or Craigslist, or any online marketplace, such as Amazon Marketplace.
You may use online marketplaces and social networking sites simply to discuss the GiANT Guide Business Opportunity, but must always identify Yourself as an Independent GiANT Guide in each of these forums. Similar to website advertising, any title or content of any social networking website, account or other forums cannot in any manner imply that the forum and/or its content is coming directly from or is in any manner pack leadered or endorsed by the Company.
You may not buy or use Keywords, Pack Leadered Links, and/or Adword buys that include any Company Marks or other prohibited terms as defined in Exhibit A, on any search engines, websites or any other online marketplaces (including Facebook and other social media outlets). Similarly, You may not list or advertise on shopping comparison sites or similar product price search engines where You must purchase any placement or listing (including but not limited to Google Product Search, Shopzilla and NextTag), and must abide by the stated policies and prohibitions contained on any free registration shopping sites (including but not limited to Google Product Search).
You may not post messages (directly or through a third party) on any GiANT hosted website promoting or alluding to the GiANT business opportunity in any manner. GiANT hosted sites, groups and pages are maintained solely to offer support, guidance, and a team motivational atmosphere for those participating members.
Usernames
You may not use “GiANT” or “Guide” (or anything similar such as “Top Guide”) in any message board screen name in accordance with Section 3.2.4 of the Policies and Procedures. For example, You may choose a screen name of “Guide Bill” but may not use a screen name only of “Guide.”
Offensive Content
Posts containing profanity, racist comments, hateful, inflammatory, abusive or offensive statements, or comments of a sexual nature are prohibited and will be removed immediately.
Links
We will allow links to your favorite GiANT threads and tools only. Members are prohibited from posting links that direct members away from the community forums. We reserve the right to edit, remove, or suspend any post or thread that is in violation of these rules.
Contact Information
In an effort to control spam, You may not post ANY contact information, including phone numbers, IM screen names, website links, signature blocks and/or email addresses.
Product Promotion
You may not promote competitor’s products and services on any of our message boards. You may discuss other non-GiANT programs You are using or have used in the past.
Integrity
You may post open and honest remarks about GiANT but Your remarks may not be slanderous, false, defamatory, hateful, or offensive, and they must not include personal attacks against any Guide, member, product, service, or any other individual or company. The same standards apply when criticizing any other individual or business (including a GiANT competitor).
We may remove or request that You remove any post that may violate these rules. To maintain a community focused on transformation, wellness, support, and motivation, You should not post identical posts in multiple threads and/or forums. We reserve the right to restrict any user’s use of or access to any GiANT hosted platform without prior notification.
*These policies are in addition to the standard Terms and Conditions for the website and all other Guide Policies and Procedures, governing the use of social media platforms. Please review the Terms & Conditions found on our website, www.giantworldwide.com.
Bonus buying is strictly and absolutely prohibited. “Bonus buying” includes: (a) the enrollment of individuals or entities without the permission and/or knowledge of such individuals or entities; (b) the fraudulent enrollment of an individual or entity as a Guide or Customer; (c) the enrollment or attempted enrollment of nonexistent individuals or entities as Guides or Customers (“phantoms”); (d) purchasing GiANT products or services on behalf of another Guide or Customer (unless given express, written permission), or under another Guide’s or Customer’s I.D. number, to qualify for commissions or bonuses; or (e) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end-user consumers.
The use of any individual’s credit cards, debit cards, or other payment instruments to purchase products or service fees on the accounts of any other Guide or Customer other than two other immediate family members (defined as a parent, spouse, or child) is expressly prohibited. If You wish to purchase products or cover service fees for an immediate family member, You must report this information to the Compliance department by sending the necessary information via email to compliance@giantworldwide.com. Similarly, subject to the allowance provided in the prior sentence, each Guide must maintain payment for their own account and may not use a third party’s payment instrument to pay for their GiANT products or services. Upon the first discovery of any bonus buying, you are subject to penalty and possible revocation of being a Guide.
A Business Entity may apply to be a Guide by submitting a GiANT Independent Guide Agreement along with a properly completed IRS Form W-9 or government form. The Business Entity, as well as all shareholders, members, managers, partners, trustees, or other parties with any ownership interest in, or management responsibilities for, the Entity (collectively “Affiliated Parties”) are individually, jointly, and severally liable for any indebtedness to GiANT, compliance with the Policies, the Agreement, and other obligations to GiANT.
For the purposes of recognition, GiANT Guide support, and other references and mentions, only one individual may be named as primary on the account. That will be the individual considered the Guide of record (the “Admin”).
Spouses or couples residing in the same immediate household may maintain the same or separate Independent GiANT Guide Subscription(s). However, for qualifying spouses or cohabitating couples sharing the same business entity with a common FEIN or FBN, there may be no more than two such GiANT Guide Subscription(s) per household. Similarly, if qualifying spouses or cohabitating couples who each own a GiANT Guide Subscription wish to form a single business entity for tax or business reasons, their respective GiANT Guide Subscription may both be held as assets of the business entity they form and their separate Guide Accounts may both be converted to the common business entity, but their Guide Accounts will be recognized and treated by GiANT as separate and distinct businesses even though they are owned by a common business entity.
When adding a co-applicant (either an individual or a business entity) to an existing GiANT business, the Company requires a written request as well as a properly completed Guide Application and Agreement containing both the applicant's and the co-applicant’s Social Security or Social Insurance numbers and signatures. To prevent the circumvention of Section 3.22 (regarding transfers and assignments of a GiANT business), the original applicant must remain as a party to the original Guide Application and Agreement. If the original Guide wants to terminate his or her relationship with the Company, he or she must transfer or assign his or her business in accordance with Section 3.22, or the business shall be canceled upon the withdrawal of the original Guide. All bonus and commission checks will be sent to the address of record of the original Guide. There is a $25.00 fee for each change requested, and payment must be included with the written request and the completed Guide Application and Agreement. GiANT may, at its discretion, require notarized documents before implementing any changes to a GiANT business. Please allow thirty (30) days after the receipt of the request by GiANT for processing. Please note that the modifications permitted within the scope of this paragraph do not include a change of pack leadership. Changes of pack leadership are addressed in Section 3.6.2.
To protect the integrity of all packs and safeguard the hard work of all Guides, We strongly discourage changes in pack leadership. A change of pack leadership from one pack leader to another is rarely permitted. If You want to request a pack leader change, you must submit a written request to the Compliance Department and your request must include the reason for the change. If the requesting Guide also wants to move any of the Guides in his or her pack, each Guide within the pack must also obtain a properly completed Pack Leadership Transfer Form and return it to GiANT with Transfers will only be considered in the following three (3) circumstances:
In cases wherein the appropriate pack leadership change procedures have not been followed, we make a mistake in the placement of a Guide, or if we exercise our discretion to allow a Guide to change organization, we reserve the sole and exclusive right to determine the final disposition of the pack. YOU WAIVE ANY AND ALL CLAIMS AGAINST GiANT AND ITS OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO GiANT’S DISPOSITION OF ANY PACK REORGANIZATION.
If You have been enrolled as a Guide for ten (10) calendar days or fewer You may request a change of pack leadership by contacting support at support@giantworldwide.com as detailed in Section 3.6.2(c) above. If You have been enrolled for more than ten (10) calendar days, You may cancel and re-enroll with a new pack leader only if You formally terminate your business and remain inactive (i.e. no purchases of GiANT products for resale, no sales of GiANT products, no pack leading, no use of any GiANT intellectual property (IP) for revenue-generating purposes, no participation in any other form of Guide activity) for six (6) full calendar months; however, a Guide who has been enrolled more than ten (10) calendar days but less than thirty (30) days may cancel their GiANT Guide Subscription and re-enroll immediately with their previous pack leader, in the same position as before.
Regardless of the reason for Your re-enrollment, if You re-enroll You must start Your business anew under a new Guide Account and may not transfer into any existing Guide Account. Additionally if You re-enroll You will not be entitled to Your prior rank, benefits, volume, or position in the pack.
You are fully responsible for all of Your statements and actions regarding GiANT, its products, and the Guide Compensation Plan that are not expressly contained in official GiANT materials. You agree to indemnify GiANT from liability, including settlements, judgments, penalties, refunds, attorney’s fees, court costs, incurred as a result of Your statements, acts, omissions or any other violation of the Agreement (including, without limitation, its officers, directors, employees and agents) and hold them harmless. This policy shall survive the termination of Your Guide Agreement.
No claims (which include personal testimonials) as to any products offered by GiANT may be made except those specific claims contained in official GiANT literature. Such claims may only be repeated or republished in exactly the same format as that published by the Company and the claim must be republished in its totality.
You may not make unsubstantiated claims about your GiANT Guide income. Guides may only make income claims that they can document as accurate (such as about their own income or that of other Guides that they have actual proof to support). While Guides may refer to financial achievements in general terms, a Guide may not include a specific dollar reference in any authorized income claim they intend to use. Guides must include the following mandatory statement in all written and promotional materials, or online or live presentations:
GiANT does not guarantee any level of success or income for GiANT Guides. Each Guide’s income depends on his or her own efforts, diligence, and skill.
Unsupported or unauthorized claims are expressly prohibited under these Policies and Procedures, but also violate multiple state and federal laws and regulations. Accordingly, any Guides engaging in unsupported or prohibited income claims may be subject to immediate disciplinary procedures, including, without limitation, the suspension or termination of their Guide account. An example of this prohibited behavior includes, without limitation, sharing, displaying, or otherwise posting on any online forum or social media the amounts of, or actual pictures of, any compensation paid to Guides (such as pictures of compensation checks, tax statements, or screen shots of a bank account or the commission reports found in the Guide Operating System ("Dashboard")).
GiANT’s business model calls for product sales through direct contact with customers. Therefore, You may not sell or facilitate the sales of GiANT products out of stores, kiosks, buying clubs, or any other general public retail or commercial outlets without the express written consent of GiANT.
Guides may display and/or sell GiANT products and the GiANT Guide program at trade shows and professional expositions. Before submitting a deposit to the event promoter, Guides are encouraged to contact the Compliance department in writing to obtain GiANT’s approval. Guides must always act in a professional and supportive manner at any such events. GiANT must pre-approve all advertising material that the Guide who received approval to display at the event wishes to use.
Any requests to participate in future events must again be submitted to the Compliance Department. GiANT further reserves the right to refuse authorization to participate at any function it does not deem a suitable forum for the promotion of its products, services, or the Guide program.
As a GiANT Guide, you have made a commitment to helping others in their personal growth. By participating as a Guide, you will not only have the chance to earn income and other rewards you may earn as a Guide, but you might be provided proprietary tools, lists, direct customer leads and other trade secret sensitive information. Accordingly, during the term of this Agreement and regardless of your paid or lifetime rank, You may not directly or indirectly Recruit or solicit other GiANT Guides or their customers for any other business opportunity in any and all markets in which GiANT conducts business.
The term “Recruit” means the actual or attempted solicitation, enrollment of, or effort to influence in any other way, either directly or indirectly, any GiANT Guide or their Customers to enroll, purchase any goods or services, or otherwise participate in another business opportunity, which at all times will be expressly prohibited.
Although your signed Guide Application constitutes a binding contract between you and GiANT, you have no contractual relationship with any other Independent GiANT Guide. You may not take any action that would interfere with GiANT’s contractual relationships with other Independent GiANT Guides, including, without limitation (i) any form of recruiting any Guide to participate in any business opportunity other than GiANT, directly, indirectly or through a third party, or (ii) to promote, feature or otherwise market any other business opportunity, including its product or services, in any public or GiANT forum, which includes direct contact with any GiANT Guide or customer. To do so constitutes tortuous interference with GiANT’s contractual relations. Any Guide who violates the restrictions set forth in this Section (directly or through another member of that Guide’s household as provided in Section 3.10.4 below) will be subject to disciplinary action in accordance with these GiANT Guide Policies & Procedures, to include, without limitation, suspension and termination of the Guide subscription and GiANT may additionally institute legal action against you seeking injunctive and monetary relief.
You agree that any violation of this Non-solicitation Policy will cause GiANT irreparable harm for which there is no adequate remedy at law, and that such harm will outweigh any injury to You should injunctive relief be granted to the Company. GiANT will therefore be entitled to immediate and permanent equitable relief to prevent further violations to this policy.
If you have training or development that would benefit other Guides in building their business, you must abide by these rules:
As independent contractors with independent interests, Guides may engage in other business interests and opportunities provided that they comply with the terms and restrictions provided in these Policies and Procedures, including, without limitation, the specific limitations provided in this Conflicts of Interest Section.
If a Guide engages in another business opportunity which includes products or services related to people development or any other product or service which competes with a current GiANT offering, they may not promote, advertise, sell, or attempt to sell any of those competing products using any GiANT or Guide branded website or platform, or any other website or social media platform they primarily use to promote their GiANT business (such as a Guide team page or group). Any program, product, or services in the same generic category as GiANT products or services is deemed to be competing, regardless of differences in cost, quality, or ingredient content.
In addition to the restrictions above, Guides may not display GiANT promotional material, products, or services with any other promotional material, products, or services in a fashion that might in any way confuse or mislead a prospective Customer, Guide, or member of the public into believing there is a relationship between the GiANT and non-GiANT products or services Guides may not offer or require any non-GiANT products or services as either an incentive or requirement to recruit prospective Guides, or to provide support or training to existing Guides.
Guides found in violation of these policies may face the suspension and/or termination of their GiANT Guide account.
Pursuant to Section 3.20 (Actions of Household Members or Affiliated Individuals), GiANT Guides who have family members or other individuals living in their immediate household who are engaged in other business opportunities will be held responsible for the activities of these individuals should those individuals violate the GiANT Guide Policies & Procedures, including the restrictions provided in this Section 3.10. The resulting disciplinary action may include the suspension and/or termination of the Guide’s subscription.
Genealogy reports are available through Your Guide Operating System ("Dashboard") provided by the Company. The information in Your genealogy report is trade secret information that belongs exclusively to GiANT. You must never use this information for any reason other than to build your GiANT business and of course you must NEVER allow anyone to access Your genealogy report or provide any information in the report to anyone else. If You share your username, password or any other access to your GiANT Guide account, Guide Operating System ("Dashboard"), you are solely responsible, among other possible damages, for any resulting charges, activity or changes to your Guide organization, reports, rank or other financial information.
You must never poach any Guide from another Guide. Poaching which is also called “Cross-Pack Recruitment” is any effort to enroll an existing Guide or someone who was a Guide whom You did not personally recruit within the preceding six (6) calendar months. In the spirit of this policy, You must also not attempt to circumvent this policy through any other means (such as using a spouse’s name or forming an entity through which to operate). This policy shall not prohibit the transfer of a GiANT business in accordance with Section 3.23.
If Cross-Pack Recruitment is discovered, You must bring it to the Company’s attention immediately. GiANT may take disciplinary action against the Guide who changed organizations and/or those Guides who encouraged or participated in the Cross-Pack recruiting. GiANT may also move all or part of the offending Guide’s pack to his or her original pack if the Company deems it equitable and feasible to do so. However, GiANT is under no obligation to move the Cross-Pack Recruited Guide’s pack, and the ultimate disposition of the organization remains within the sole discretion of GiANT. You waive all claims and causes of action against GiANT arising from or relating to the Company’s disposition of the Cross-Pack Recruited Guide’s pack.
If You have questions or believe any errors have been made regarding Your commissions, bonuses, genealogy, placement, Pack Activity Reports, or charges, You must notify GiANT in writing within ninety (90) days from the date on which the purported error occurred. GiANT Guides EXPRESSLY WAIVE CLAIMS FOR ANY COMMISSION AND/OR GENEALOGY ERRORS, OMISSIONS, OR PROBLEMS NOT REPORTED TO GiANT WITHIN NINETY (90) DAYS.
Federal or state regulatory agencies or officials are not permitted to approve or endorse any direct selling companies or programs. Therefore, You must never represent or imply that GiANT or its Compensation Plan have been “approved,” “endorsed,” or otherwise sanctioned by any government agency.
You are an independent contractor not an employee of GiANT, so You will not be treated as an employee for federal or state tax purposes, benefits or in any other manner. You are responsible for paying local, state, provincial and federal taxes due from all compensation You earn. GiANT will not withhold any taxes from Your earnings unless we are compelled to do so by law. You have no authority (expressed or implied) to bind the Company to any obligation.
You are responsible for paying local, state, and federal taxes on any income You earn as an Independent GiANT Guide. If Your business is tax-exempt, You must provide Your Federal Tax Identification number to GiANT. Every year, GiANT will provide an IRS form 1099 MISC (Non-Employee Compensation) earnings statement (or any other updated form which may be required) to each U.S. individual or entity that: 1) had earnings of $600 or more in the previous calendar year; or 2) made purchases during the previous calendar year in excess of $5,000 or as otherwise required pursuant to any other applicable law, rule or regulation. No taxes of any kind will be withheld by GiANT as You are an independent contractor.
You may wish to arrange insurance coverage for your business. Your homeowner’s insurance policy does not cover business-related injuries or the theft of or damage to inventory or business equipment. Contact your insurance agent to make certain your business property is protected. This can often be accomplished with a simple “Business Pursuit” endorsement attached to your present home owner’s policy, although at no time can GiANT provide any insurance or other financial advice to any Guides as each Guide has his or her own unique circumstances as an independent contractor.
Because of critical legal and tax considerations, GiANT must limit the advertising and sale of GiANT products and services, and the presentation of the GiANT business, to prospective Customers and Guides located within the United States and U.S. Territories, and those other countries where the Company has announced it has officially opened for its business. In addition, You may not engage in any sales or business building activity in any country that GiANT has not announced as officially open for business.
You must obey all laws and ordinances that apply to Your business. For example, many cities require that You obtain a license to operate a business within the city limits. If a city or county official tells You that an ordinance applies to Your business, You should be polite and cooperative, and immediately send a copy of the ordinance to the Compliance department at GiANT (compliance@giantworldwide.com.). There may be exceptions to the ordinance that may apply to Independent GiANT Guides.
You must never pay, offer or promise to pay, or directly or indirectly authorize the payment of any money, gift, or anything of value to any government official, officer or employee of a government at any level, or any officer or employee of an entity controlled to any extent by a government, a public international organization, a person acting in an official capacity for or on behalf of any such government or public international organization, a candidate for political office, a political party or party official) for the purpose of influencing any act or decision of such official or to obtain or retain business.
You may operate or have an ownership interest, legal or equitable, in only one unique GiANT business except as expressly permitted in Section 3.5.2. For purposes of clarification, except as permitted above no individual may have, operate, or receive compensation from more than one unique GiANT business. For example, You may not own a GiANT business individually and also have an interest in a business entity that owns or operates a GiANT business.
If any member of Your immediate household engages in any activity that would violate any provision of the Agreement, such activity will be deemed a violation by You, and GiANT reserves the right to take any disciplinary action pursuant to these Policies and Procedures against You. Similarly, if any individual associated in any way with a corporation, partnership, trust, or other entity (collectively “affiliated individual”) violates the Agreement, such action(s) will be deemed a violation by the entity and each of its owners, shareholders, members or management, and GiANT reserves the right to take disciplinary action against the entity and all individuals who own, operate, or manage the entity or the GiANT business.
Any request for hard copies of invoices, applications, Pack Activity Reports, or other records will require a fee of $1.00 per page per copy with a minimum charge of $10.00, which must be paid in advance.
If You want to sell, assign or otherwise execute a non-testamentary transfer of Your GiANT business, You must follow these procedures (GiANT’s succession policies apply to testamentary transfers as detailed in Section 3.24):
GiANT reserves the right to approve or deny any transfer request in its sole and absolute discretion.
GiANT Guides sometimes operate their GiANT businesses as husband-wife partnerships, regular partnerships, corporations, or trusts. In community property states the spouse of a Guide may have a legal interest in the Guides’ business. If You divorce, or if Your GiANT business is owned by an entity that is dissolving or reorganizing, or if you reside in a community property state and Your spouse has an interest in your GiANT business, during the divorce, dissolution or reorganization process, the parties must adopt one of the following methods of operation:
Under no circumstances will the pack of divorcing spouses or a dissolving business entity be divided. Similarly, under no circumstances will GiANT split commission and bonus checks between divorcing spouses or members of dissolving entities. GiANT will recognize only one pack and will issue only one commission check per GiANT business per commission cycle. Commission checks shall always be issued to the same individual or entity unless otherwise changed in accordance with this Section 3.24. If the parties to a divorce or dissolution proceeding are unable to resolve a dispute over the disposition of commissions and ownership of the business, the Guide Business shall be involuntarily canceled.
If a former spouse has completely relinquished all rights in their original GiANT business, he or she is immediately free to enroll under any pack leader of their choosing, and need not meet the waiting period requirements set forth in Section 3.6.3. In such case, however, the former spouse shall have no rights to any Guides in their former organization or to any former retail customer. He or she must develop the new business in the same manner as would any other new Guide. In cases of business entity dissolutions, a former business entity partner, member, shareholder, or other affiliate who loses his or her interest in the GiANT business must wait six (6) calendar months as specified in Section 3.6.3 before enrolling again as a Guide.
Upon Your death or incapacitation, Your business may be passed to Your heirs, even if such successor is already a GiANT Guide. Accordingly, You should consult an attorney to assist in the preparation of a will or other testamentary instrument. Whenever a GiANT business is transferred by a will or other testamentary process, the beneficiary acquires the right to collect all bonuses and commissions of the deceased Guide’s marketing organization provided the following qualifications are met:
To affect a testamentary transfer of a GiANT business, the successor must provide the following to GiANT: (1) an original death certificate; (2) letters testamentary from the executor of the estate directing GiANT on the proper disposition of the business; and (3) a completed and executed Guide Agreement by the successor. If the successor is currently a GiANT Guide, the successor Guide will be granted an exception and allowed two separate Guide Businesses.
To transfer a GiANT business because of incapacity, the successor must provide the following to GiANT: (1) a notarized copy of an appointment as trustee; (2) a copy of the trust document or other documentation establishing the trustee’s right to administer the GiANT business; and (3) a completed Guide Agreement executed by the trustee.
In all succession cases:
Pub House is the official owner of all content used within GiANT. Pub House is owned by Jeremie Kubicek and Steve Cockram to protect the content and ensure its purity and efficacy. GiANT has been granted the rights to utilize this content inside the business and to certify Guides to utilize it, as well.
From time to time Guides may desire to reference Pub House/GiANT IP content in other works they are creating. This document specifies the guidelines around doing so. It is important to review them fully & follow them completely in order to avoid the project being dismissed or slowed down.
Before beginning any work, you must obtain initial approval from Jeremie Kubicek, who represents Pub House and GiANT by submitting your plans in writing (including the book/product outline) to compliance@giantworldwide.com.
Upon completion, the finished work must be submitted again (via the same email) for review to ensure all guidelines have been followed and in order to receive final approval.
You should provide your new address and telephone number to GiANT’s Support Department within 30 days of moving to ensure timely delivery of any important documents.
GiANT Guides are encouraged to maintain ongoing support and communication with the Guides in their pack. Examples of this may include team newsletters, team calls, written correspondence, in person or ZOOM meetings, one-on-one telephone calls and emails, as well as attending any GiANT event with your pack members where training is provided, such as during a Retreat or Summit.
GiANT Guides are also encouraged to motivate and train new GiANT Guides in GiANT product knowledge, effective sales techniques, the GiANT Guide Compensation Plan, and compliance with these Policies and Procedures. As Guides progress through the various levels of leadership, they will become more experienced in sales techniques, product knowledge, and their understanding of GiANT programs. Sharing this knowledge with less-experienced Guides is an important part of being a pack leader and mentor as a senior Guide.
It is the responsibility of every GiANT Guide to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of these Policies and Procedures. When enrolling a new GiANT Guide, it is the responsibility of the pack leader to ensure that the applicant is provided with, or has online access to, the most current version of these Policies and Procedures and the GiANT Compensation Plan, which will always be provided in the Guide Operating System ("Dashboard") and on the GiANT website prior to his or her execution of the GiANT Guide Agreement.
GiANT wants to provide its Independent GiANT Guides with the best products, compensation plan, and service in the industry. Accordingly, we value Your constructive criticisms and comments. All such comments may be submitted in writing to the GiANT Support Department (support@giantworldwide.com.). Remember, to best serve You, we must hear from You! While GiANT welcomes constructive input, negative comments and remarks made in any forum (online, written, or in the field) by Guides about the Company, its compensation plan or other Guides serve no purpose other than to sour the enthusiasm of other GiANT Guides. For this reason, and to set the proper example for their pack, You must not publicly disparage, demean, or make negative remarks about GiANT, other GiANT Guides, GiANT’s products, the GiANT Guide Compensation Plan, or GiANT’s directors, officers, or employees.
If You see another Guide engaging in a Policy violation, You should report the violation directly to the GiANT Compliance department. Details of the incidents, such as dates, number of occurrences, persons involved, and any supporting documentation, should be included in the report. Emails should be sent to compliance@giantworldwide.com.
The Company engages in various marketing activities that are directed at the GiANT network customer database (those customers who have purchased through various channels). GiANT network customers who are interested in GiANT products or the GiANT Guide program may be assigned a Guide through our various lead programs. If the Company assigns You a lead, You must promptly engage with these customers to ensure that they are getting the most out of their products, services, and to potentially connect them with other products or services which might help them achieve their goals.
If You discover any inaccuracy about Your eligibility to receive leads under any of GiANT’s lead programs, You must report it to the Company no later than the fifth calendar day of the following month. Your eligibility for leads for the new calendar month is locked in on the first of each month, as reported in the Guide Operating System ("Dashboard"). You may report errors or inaccuracies by contacting GiANT Support. If You report an inaccuracy that is verified by the Company, You will be awarded any missed leads. GiANT does not guarantee that You will be assigned leads under any of its lead programs even if you meet all of the qualification criteria for the program.
When a prospective customer who is not associated with a Guide joins GiANT, either as a paid or free member, they are assigned to a qualified Guide when the GiANT account is created. To be eligible, You must meet the following requirements (all requirements below must be achieved in the previous calendar month to receive leads the following month. For example: requirements achieved in July will qualify You for leads in August:
Associated Commissions and Volume
The assigned Guide will receive the commissions and volume points on all future product purchases made by that customer lead.
Dormant Leads
For any leads assigned to a Guide where no purchases have occurred from the assigned lead for a period of six (6) months, GiANT may reassign the lead to another Guide.
Various countries around the world have laws governing the protection of an individual's personal information (such as their name, contact details, and so on). These laws, including the General Data Protection Regulation (GDPR) for personal information belonging to individuals in the European Union, are known as data protection laws. You should ensure that Your collection and use of personal information of fellow GiANT Guides, Customers and other individuals is in compliance with the data protection laws that apply to Your business – and seek legal advice if You are unsure of Your responsibilities, which may include:
Specific rules apply to the collection and use of personal information for marketing-related activities, including a potential requirement that you first obtain an individual’s prior consent to marketing and the need to allow individuals to opt-out of marketing at any time. See section 3.2 above for more details.
Data protection laws often give individuals rights over their data too. This may include the right to access information You may have that pertains to them; the right to request that You correct information that pertains to them; the right to request that You delete information that pertains to them; and more. Where these rights exist, You must ensure that You allow (and help) individuals to exercise their rights upon request.
Be aware that some countries may treat the collection of personal data as a type of "special" or "sensitive" data, and may have stricter requirements about the collection and use of this data (for example, a requirement to seek explicit consent or to apply stricter security protections to the data). It is Your responsibility to investigate this and take steps to comply with any applicable data protection law requirements as necessary.
Some countries may have laws that prohibit You from transferring personal information to recipients in other countries – for example, it is generally prohibited to transfer personal information collected in the European Union outside of the European Union, unless You have implemented a legal data transfer solution. However, if you then wish to send or transfer any personal information outside your country, it is Your responsibility to investigate any such requirements and take steps to comply with any applicable data protection law requirements as necessary.
Any personal information of another individual that you receive from GiANT, including if from another country, is provided to you pursuant to a legal data transfer solution.
Because You are a business owner who independently decides how You collect, store, use, and manage personal data belonging to residents of the European Union (which includes the United Kingdom), you acknowledge and agree You are a “Controller” of that personal data as defined in Article 4(7) of the GDPR. This means You are responsible for complying with the GDPR as an independent Controller for any such personal data, which includes without limitation, processing the personal data in a lawful manner and securing the personal data through appropriate technical and organizational measures.
You must only use Your own credit card, debit card, or other account to pay for Your products and service fees, and You may not use any of your accounts to pay for the products or fees of any other Guide or customer, unless given express permission from GiANT. The only exception is that You may use your account to pay for the products or fees of two other immediate family members (that is a parent, spouse or child over the age of 18). In addition, if You wish to purchase a product or cover service fees for an immediate family member, You must report this information to the Compliance department by sending the necessary information via email to compliance@giantworldwide.com. Your email must include the name and Guide ID or customer account number of the family member whose products you are purchasing and the fees for which you are paying, and Your relationship to the individual.
Guides may not sell GiANT products below the price set by GiANT. At no time however may any cash payment, directly, as a reimbursement or through any third party, be offered or made in connection with any recruitment, enrollment, or business activities, except as otherwise defined in the GiANT Compensation Plan.
Guides may offer incentives to their team; however cash incentives at any amount are not permitted, especially where directly related to any recruitment activity. Where a Guide offers a non-cash team incentive, each Guide offering such an incentive must publish clear guidelines to his or her team which outline the qualifications necessary to be eligible for the incentive. Again, the incentives must be achievement based and never based on or focused around recruiting, or enrollment with a certain Guide or team as an “enrollment bonus” or perk. Guides wishing to offer their teams the opportunity to participate in a bonus pool (separate from any bonus paid by GiANT as outlined in the GiANT Compensation Plan) must review the offer they wish to make with the Compliance department for prior approval. Participation in a business challenge operated by an Independent GiANT Guide where a bonus pool is available must be completely voluntary. The bonus pool must not have a combined value of greater than $5,000 and all monies paid in by participating Independent GiANT Guides must be paid out to all participating Guides at the end of the promotion with no monies being retained by the pack leading Guide.
There are no exclusive territories granted to anyone.
Records documenting the purchases of Guides’ Direct Customers will be maintained by GiANT. Customers can find their receipts in their GiANT Account.
GiANT businesses may be operated for fundraising purposes. However, if you are using your GiANT business in a fundraising program for any entity or individual, You must not represent or imply to anyone that any (a) GiANT, GiANT or its Guides are directly involved with the charitable promotion or (b) the purchase they make from You will be for the benefit of any charitable purpose or program.
Although Guides may contribute a portion of their GiANT earnings to a charitable cause, due to the charitable permit and registration requirements of multiple states and additional federal requirements, You may not use any contribution as a means of promoting Your GiANT business, or run any sales or incentive promotions where a charitable group or cause is identified as the benefitting organization.
The minimum amount for which GiANT will issue a check is $10.00. If Your bonuses and commissions do not equal or exceed $10.00, the Company will accrue the commissions and bonuses until they total $10.00. A check will be issued once $10.00 has been accrued.
Guides receive bonuses and commissions based on the actual sales of products and services to end consumers. When a product is returned to GiANT for a refund or is repurchased by the Company, the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted, in the month during which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Guides who received bonuses and commissions on the sales of the refunded products. The Company may, at its discretion, also deduct the corresponding Personal Volume (PV) from Guide’s future purchases and sales and may make adjustments to any contest or incentives qualified for as a result of the original purchase.
ALL PERSONAL AND GROUP SALES VOLUME INFORMATION, PACK ACTIVITY REPORTS, AND ALL OTHER INFORMATION PROVIDED THROUGH YOUR GiANT Guide Operating System ("Dashboard") IS OWNED EXCLUSIVELY AND AT ALL TIMES BY GiANT, AND IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GiANT, ITS OWNERS, AFFILIATES, PARENT ENTITIES, SUBSIDIARIES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY Guide OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF YOUR RELATIONSHIP WITH GiANT AS AN INDEPENDENT Guide, INCLUDING WITHOUT LIMITATION ACCESS TO OR LOSS OF PERSONAL AND GROUP SALES VOLUME INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BONUSES OR COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF GiANT OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, GiANT OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of GiANT’s online and/or hard-copy reporting services, and your reliance upon such information, is at your own risk. All such information is provided to you “as is.” If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to GiANT’s online, hard copy, and telephone reporting services and your reliance upon the information. The Company is not responsible for losses or damage incurred by Guides that arise from or relate to problems with GiANT’s system or problems with a Guide’s replicated website ("Storefront") or Guide Operating System ("Dashboard"), including losses from but not limited to software error, hardware malfunction, unauthorized third-party access to the system, or other system malfunctions or errors.
ANY AND ALL SOFTWARE, WEBSITES, ELECTRONIC TOOLS, AND ANY OTHER SYSTEMS OFFERED OR PROVIDED BY GiANT ARE EXPRESSLY PROVIDED SOLELY “AS IS” AND WITHOUT ANY WARRANTIES OR ASSURANCES OF ANY KIND. GiANT MAKES NO WARRANTY THAT ANY SOFTWARE OR WEBSITE SYSTEM IS ERROR FREE AND DOES NOT INFRINGE ON ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
GiANT offers a 100% money-back satisfaction guarantee (less shipping and handling charges where applicable) to all Customers and Guides on all of our products and offerings. Please review Section 7.3 for details on how refunds are processed.
A customer has three (3) business days (Saturday is a business day) after the sale or execution of a contract to cancel the order and receive a full refund consistent with the cancellation notice on the order form (five (5) business days for Alaska residents and fifteen (15) business days for residents of North Dakota who are 65 or older). If you make a sale or take an order from a customer who cancels or requests a refund within the cancellation period, You must promptly refund the customer’s money. Additionally, Guides must inform customers of their right to rescind a purchase or an order within the cancellation period, and ensure that the date of the order or purchase is entered on the order form.
If you are not satisfied with our platform and wish to request a refund within 30 days of your initial sign-up, you are eligible for a full refund without any further approval.
7.3.2 Refunds from 31-90 Days
Should you wish to request a refund after the initial 30 days, but before 90 days from your sign-up, the refund is possible but will require approval from our team. If approved, you can receive a full refund.
Generally, refunds are not given for requests made after 90 days. However, exceptional cases will be considered, but they require approval and, if approved, only a partial amount can be refunded.
To initiate a refund, please contact our support team either by creating a support ticket on your OS account, or by emailing support@giantos.com. The following information is required:
Once received, our team will review your request and get back to you promptly.
We encourage you to reach out to our support team with any issues or questions prior to requesting a refund. We’re here to help and ensure you get the best experience with our platform.
We take utmost care to ensure all charges are accurate and fair. If there has been a charge caused in error by us or our systems, we will fully acknowledge the mistake and promptly issue a full refund. Please notify our support team immediately by creating a support ticket on OS or by emailing us at support@giantos.com if you identify any such discrepancies. Only refund requests for charges in error in the same calendar year will be honored. It’s also important to note that unknown charges that are determined to be valid are not considered grounds for a refund. We encourage all users to review the terms of our services, or reach out to our support team with any questions regarding charges, to avoid any confusion.
If You violate the Agreement or engage in any illegal, fraudulent, deceptive, or unethical business conduct, or any act or omission that, in the sole discretion of GiANT, may damage GiANT’s reputation or goodwill, You are subject to disciplinary measures, which, at GiANT’s discretion may result in one or more of the following corrective measures:
In any case which arises from or relates to the wrongful termination of a Guide’s Agreement and/or independent business, the parties agree that damages will be extremely difficult to ascertain. Therefore, the parties stipulate that if the involuntary termination of a Guide’s Agreement and/or loss of their independent business held to be wrongful through final adjudication under any theory of law, Guide’s sole remedy shall be liquidated damages calculated as follows:
The Parties agree that the forgoing liquidated damage schedule is fair and reasonable.
If You have a grievance or complaint with another Guide You should first report the problem to the other Guide’s pack leader, who should review the matter, and if the matter does not involve the interpretation of the Policies and Procedures, try to resolve it with the other party’s pack leader. If the matter cannot be resolved, or if it requires an interpretation of the Policies and Procedures, it must be reported in writing to the Compliance Department at the Company. The Compliance Department will review the facts and resolve the issue. In your submissions to the Compliance Department, You must specify the Guide’s conduct that You believe violated the Policies and identify the precise policy(s) you believe were violated.
For purposes of this Section, “Dispute” shall mean any dispute, claim, or action between You and GiANT arising under or relating to the Agreement, the GiANT Guide program or any other transaction involving you and GiANT, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND GiANT AGREE THAT “DISPUTE” AS DEFINED IN THE AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR GiANT FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, (D) TRADEMARK INFRINGEMENT OR DILUTION, (E) ANY INJUNCTIVE, EQUITABLE OR DECLARATORY RELIEF SOUGHT BY GiANT AGAINST YOU TO ENFORCE ANY TERMS OR REQUIREMENTS IN THE AGREEMENT, AND (F) ANY INDEMNIFICATION OBLIGATIONS OWING FROM A Guide TO GiANT UNDER THE AGREEMENT OR OTHERWISE. Moreover, notwithstanding anything else in the Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these six exceptions.
Dispute Notice. In the event of a Dispute, You or GiANT must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to GiANT must be addressed to: GiANT Worldwide, LLC, 7 NE 6th St, Oklahoma City, OK, 73104, Attn.: Chief Legal Officer (the “GiANT Notice Address”). The Dispute Notice to You will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If GiANT and You do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, You or GiANT may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Binding Arbitration. In the event You and GiANT do not reach an agreement to resolve the Dispute as stated in the preceding paragraph, You and GiANT further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in the Agreement; (b) the Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of the Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award You the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, You may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND GiANT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Section, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Section, the rules set forth in this Section shall govern. You may, in arbitration, seek any and all remedies otherwise available to You pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in selection of the arbitrator. The Arbitrators Bound By The Terms of the Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court must determine the limited question of whether a claim or cause of action is for: (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; (d) trademark infringement or dilution; (e) any injunctive, equitable or declaratory relief sought by GiANT against You to enforce any terms or requirements in the Agreement; and (f) any indemnification obligations owing from a Guide to GiANT under the Agreement or otherwise which are excluded from the definition of “Disputes.” The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Oklahoma City, Oklahoma County, Oklahoma, at your option.
(a) Initiation of Arbitration Proceeding. If either You or GiANT decide to arbitrate a Dispute, we agree to the following procedure:
Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
JAMS 707 Wilshire Blvd, 46th Floor Los Angeles, CA 90017, U.S.A.
Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by GiANT or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or GiANT is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. GiANT shall pay, or (if applicable) reimburse You for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or GiANT) pursuant to provisions of the Agreement.
(d) Opt-out. You may elect to opt-out (exclude Yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to the GiANT Notice Address within thirty (30) days of your submission of a completed application to become a Guide which includes: (i) your name and provided Guide ID number, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, You and GiANT agree that if GiANT makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to GiANT’s address) in this Section, GiANT will obtain Your affirmative assent to the applicable amendment. If You do not affirmatively assent to the applicable amendment, You are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Policies and Procedures.
Exclusive Venue for Other Controversies. GiANT and You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Oklahoma County, OK, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy. The terms of this shall otherwise survive any termination of these Policies and Procedures.
Your bonuses and commissions constitute the entire consideration for Your efforts in generating sales and all activities related to generating sales (including but not limited to building, training, and maintaining a pack). Following the non-renewal of Your Agreement, cancellation for inactivity, reclassification of Your Agreement, or voluntary or involuntary cancellation of Your Agreement (all of these methods are collectively referred to as “cancellation”), You shall have no right, title, claim, or interest to the Guide business You operated, or any pending or future commission or bonus payment from the sales generated by Your Guide Business or the organization. Your independent GiANT business is canceled simultaneously with the cancellation of Your Agreement. You will lose all rights as a Guide. This includes the right to use any GiANT intellectual property in any paid client engagement (including GiANT tools you may have learned or resources you may have downloaded). It also includes the right to sell GiANT products and services and the right to receive future commissions, bonuses, or other income resulting from the sales and other activities of Your former pack. Lastly, you will lose access to GiANT OS and your Guide Dashboard, your existing status and level on GiANT OS, and access to the GiANT Sack community. In the event of cancellation, You agree to waive all rights they may have, including but not limited to property rights, to Your former pack and to any bonuses, commissions, or other remuneration derived from the sales and other activities of Your former pack. Lastly, you will not be allowed to register as a Guide again for a period of six (6) full calendar months (per Section 3.6.3).
If You are not current with the payment of Your Business Service fees, then You will not be “Current” and will not be eligible to receive any bonuses, commissions, or other payments under the Guide Compensation Plan. If You do not make payment in full to the Company of all outstanding Business Service fees to become Current, then any and all withheld bonuses, commissions or any other payments due You exceeding three (3) weeks shall be permanently waived and forfeited. Without limitation of the foregoing, if You have not paid Your Business Service fees when due for either three (3) consecutive months or any four (4) times in a rolling twelve (12) month period, Your Agreement and independent business will be canceled for inactivity, and You will be reclassified as a Customer.
You may ask GiANT for reinstatement in less than the standard six (6) month period. However if You do so, You must start Your business anew under Your original pack leader, but You will not be entitled to Your prior position in the genealogy.
Notwithstanding the foregoing, You may ask GiANT to place Your account on hold during a limited period of time for extraordinary circumstances. GiANT may approve such a temporary voluntary suspension at its sole discretion.
Your violation of any of the Agreement, including any amendments that may be made by GiANT, or any misconduct stated in Section 8.1 may result in any of the disciplinary measures listed in Section 8.1, including the involuntary cancellation of Your Agreement and GiANT business. Cancellations for Policy and Procedure and Guide behavior violations shall be effective on the date on which written notice is emailed, mailed, faxed, or delivered to an express courier, to the Guide’s last known address (or email address), or to his or her attorney, or when the Guide receives actual notice of cancellation, whichever occurs first. For Account maintenance violations, such as account verification or Business Service Fee violations, You will have 72 hours from the time you receive notice of the maintenance violation to resolve the issue before Your account is suspended. If Your business is suspended due to an account maintenance violation, You will forfeit any pending or future commissions or bonus payments. If You do not fully resolve the account maintenance violation Your Agreement and business will be permanently terminated.
GiANT reserves the right to terminate all Guide Agreements upon thirty (30) days’ written notice in the event that it elects to (1) cease business operations; (2) dissolve as a corporate entity; or (3) discontinue distributing its products or services via direct selling.
You have the right to cancel at any time, regardless of reason. Cancellation must be submitted online via your Guide Settings on GiANT OS. You will be required to meet with a GiANT representative for a 15-minute cancellation call in order to complete the cancellation. (This call is designed to hear feedback on why you are leaving & possibly make some adjustments to help you, if possible (or cancel you if not).)
The following shall occur if Your Guide Business is canceled for any reason: