Association of Independent Reciprocal Exchanges

Terms and Conditions

Applicant hereby applies for membership in the Association of Independent Reciprocal Exchanges, hereinafter referred to as AIRE. Member agrees that, in return for the privilege of trading goods and services with other AIRE members, Member will abide by all AIRE Rules, which are incorporated herein by reference, and the terms and conditions outlined below and/or which may be adopted in the future.

Upon ACCEPTANCE into AIRE, Member agrees:

1. To make available goods and/or services to other AIRE Members, in exchange for SKY credits at regular prevailing prices. SKY credits shall not be considered as a security or legal tender by either AIRE or its Members, IT IS EXPRESSLY UNDERSTOOD THAT FOR ALL PURPOSES OF VALUATION ONE SKY CREDIT IS EQUIVALENT TO ONE DOLLAR IN UNITED STATES CURRENCY OR THE LOCAL U.S. DOLLAR EQUIVALENT IN THE COUNTRY WHERE THE TRANSACTION TAKES PLACE. WHERE THE TRANSACTION INVOLVES A U.S. BARTER COMPANY, THE TRANSACTION SHALL BE VALUED IN U.S. DOLLARS.
2. To accept SKY Credits as payment for goods and services. Members may halt their sales at any time they have a positive balance of SKY credits.
3. That AIRE does not make any representations or guarantees with respect to the quality or volume of business that Member will derive from participation in AIRE.
4. That AIRE will use its best efforts to accurately record trades, to administer AIRE Rules in accordance with its terms and to broker members’ products and services. However, Member acknowledges that the sole principals in any trade are the buying and selling members involved, that trades are entered into voluntarily, and that AIRE is not the agent of any member, nor is it the guarantor of any transaction or SKY credit.
5. To grant to the AIRE Committee the right and power to regulate and control the number of outstanding SKY credits within the AIRE system, and to make SKY credit loans and/or assign credit lines as stipulated in the AIRE Rules.
6. That for a transaction to take place through the AIRE System, the seller is required to process the transaction in the AIRE trading platform and obtain the proper authorization number.
7. To examine its monthly statement immediately upon receipt, and to advise AIRE of any discrepancies, within fifteen (15) days OF RECEIPT OF SUCH STATEMENT. The Member further agrees to the accuracy of the statement and agrees to be bound thereby, if Member fails to notify the AIRE within fifteen (15) days OF RECEIPT OF SUCH STATEMENT.
8. That it may cancel this agreement at any time, EXCEPT DURING PERIODS OF DELINQUENCY. Upon cancellation, the Member may only recover value of its position by effectuating purchase transactions through the AIRE System. To engage in transactions through the AIRE System, the Member must be current on all fees due AIRE under AIRE Rules. Members are responsible for all fees incurred while the account is in overdraft status. Accounts may not be canceled until overdrafts are paid in full.
9. That each and every term and provision contained in the AIRE Member Contract Agreement and Rules and Regulations is severable from every other term and provision therein. If any such provision or term shall be invalid, illegal or unenforceable, it shall not affect the enforceability, validity, or legality of the remainder of the terms and/or provisions of the Member Agreement or AIRE Rules.
10. That the AIRE Committee, may, at its sole discretion, modify, amend, or change the terms of this Agreement and the AIRE General Guidelines and Rules from time to time by giving thirty (30) days prior notice to all AIRE members. Member agrees that any purchase or sale of products or services after the thirty (30) day notice period shall constitute acceptance of the new provisions.

It is acknowledged and understood that this Contract, including all of the Terms and Conditions attached to this form and AIRE Rules and Regulations and the General Trading Policies and Procedures now in effect, or hereafter adopted or amended, constitute the entire contract between the parties, and that this contract shall be binding upon the heirs, successors, administrators and assigns of the Member. In the event of bankruptcy, insolvency and/or the failure of the member’s business or corporation, to clear any and all delinquent overdrafts, the owner(s) of the member exchange explicitly agree to be personally liable and personally guarantee any and all such delinquent overdrafts. This Contract becomes effective when the Member’s account is approved and activated on the AIRE trading platform.

Association of Independent Reciprocal Exchanges General Rules and Procedures

AIRE RULES & REGULATIONS

The following General Rules and Procedures for the Association of Independent Reciprocal Exchanges hereinafter referred to as (“AIRE”) form part of and are included in the AIRE Account Application and Agreement (“Agreement”) that has been made by Member with AIRE (“Member”). Any trade purchase or sale by Member constitutes acceptances of all terms and conditions of these AIRE Rules as most recently furnished by AIRE. 

1. PURPOSE OF AIRE

AIRE shall exist to serve the members of the barter industry, and its currency, the SKY credit, as a medium of exchange and accounting between reciprocal trading partners. AIRE shall strive to promote trading and good will among members.

2. NATURE OF THE PARTIES

AIRE is a non-profit 501[c]6 corporation. AIRE acts as a broker, clearinghouse and third-party record keeper of barter transactions among its members. All transactions are between the buyer and the seller. AIRE bears no responsibility for the quality or delivery of any product or service traded.

Members of AIRE have contracted with AIRE to exchange their goods and/or services with other members and subscribes to AIRE’s record keeping services. Members grants to AIRE the exclusive right to regulate AIRE, to establish policies and procedures and make decisions that AIRE, in its sole judgment deem necessary to fulfill the purpose of AIRE. AIRE Members’ clients are individuals or business entities that have contracted with Member to use the services of Member to facilitate barter transactions. Members arrange the terms and conditions of its contract with its clients and manage the barter transactions among and between their clients. AIRE facilitates barter transactions between its Members, and in the regular course of business does not conduct, supervise, or regulate transactions with Members’ clients.

AIRE may, from time to time, engage in activities on behalf of members of AIRE to maintain the value of the SKY currency. These activities may include, but are not limited to, offering goods for sale in the AIRE system on its own behalf and using proceeds from the sale of these goods to offset any systemic deficits within the trading system. Members acknowledge that these trading system support transactions may occur, and consents thereto.

3. NATURE OF SKY CREDITS

Members will offer their products and/or services at regular prevailing prices to other members of AIRE in exchange for SKY credits posted to Member’s account pursuant to these Rules. Members agree that SKY credits are not legal tender, securities or commodities, and that they cannot be redeemed for cash or currency. The terms SKY credits or SKY trade credits is equivalent to one dollar in United States currency or the local U.S. dollar equivalent in the country where the transaction takes place. Ownership of SKY credits denotes the right to receive products or services available from other members of AIRE. SKY credits may be used only in the manner and for the purpose set forth in these rules. AIRE specifically disclaims any responsibility for the availability of goods and services from any source. AIRE does not function as a bank; accounts held with AIRE are not insured by any government or quasi-governmental entity.

4. AIRE ACCOUNTING

AIRE shall operate as a zero (0) balance accounting system. AIRE shall maintain a General Operating Account and a Debt Reserve Account within the AIRE system. However, the AIRE General Operating Account shall not have a credit line and must operate from a positive position at all times. Member signup fees collected in SKY credits shall be deposited into the AIRE General Operating Account. The AIRE General Operating Account revenue shall be used to fund AIRE operations and expenses and to promote AIRE within the barter industry. Transaction fees collected in trade dollars will be deposited into the AIRE Debt Reserve Fund. The AIRE shall operate on an established yearly budget prepared by the AIRE Board of Directors.

5. AIRE Board of Directors

AIRE shall be managed by a Board of Directors selected as set forth below:

a. Members of the AIRE Board of Directors must be members in good standing of AIRE and have never been convicted of a felony.
b. The AIRE Board of Directors shall be elected at the annual AIRE conference:
c. The AIRE Board of Directors shall make all policy and credit decisions of AIRE. Actions require a 2/3 vote of the AIRE Board of Directors.
d. The AIRE Committee shall meet at the AIRE International Convention and at such other times as deemed appropriate by the AIRE Board of Directors.

6. QUALIFICATIONS

Membership in the AIRE shall be composed primarily of individuals, partnerships, corporations, and firms who engage in the trade/barter industries worldwide. AIRE members must meet a high level of integrity and agree to abide by the AIRE Code of Ethics and Conduct, be directly involved in the day-to-day running or operating of an independent barter exchange, must have a physical business location, which shall be open during established business hours. Members shall employ at least one full-time employee, have a listed business telephone number for his or her trade or barter exchange and be an established barter exchange with a minimum of 1 year in the industry.

The AIRE Board of Directors reviews all membership applications to determine if the qualifications for AIRE membership have been met.

7. TRADE PROCEDURES

To receive credit for a transaction, seller must obtain an authorization number from the AIRE trading platform before releasing merchandise or performing a service. AIRE reserves the right to reject any transaction and to refuse to issue an authorization number for any of the following reasons including, but not limited to:

a. The buyer does not have sufficient trade dollars in its account or an approved line of credit;
b. The buyer is more than 30 days delinquent in its cash fees due AIRE; or
c. The transaction is in conflict with these Rules.

Authorization of a transaction instantly applies trade dollars from the buyer’s account to seller’s account. Both buyer and seller may automatically be notified by email of the transaction detail.

8. Ownership/Redemption Rules for Scrip Sold on AIRE

For purposes of this section, scrip is defined as a certificate, (ie., gift certificate, gift card or online certificate), indicating the right of the holder to receive goods or services. AIRE members who sell scrip on AIRE pledge that the scrip offered for sale is valid and useable and is issued in accordance with the State laws in which it is redeemable. Should the scrip not be redeemable at anytime up to six months from the date of the AIRE purchase, the seller is responsible for refunding back the full amount of the non-redeemable scrip back to the  buyer.

9. TAXES

It is the Member’s responsibility to ensure that all applicable sales, value added, excise or other transfer taxes on transactions conducted through AIRE are collected and paid in a timely manner to the appropriate state and/or national authority. It is also the responsibility of Member to file all applicable tax returns or reports relating to transactions conducted in AIRE with the appropriate state and/or national authority. AIRE is not responsible for the collection or reporting of any taxes arising from transactions through AIRE.

Member agrees and affirms that the AIRE is not acting as its agent, and in the event any jurisdiction successfully asserts any obligation to collect or pay any  tax or fee upon AIRE, that Member agrees to hold  AIRE harmless and will reimburse all such taxes and fees (including any interest, penalties and other  costs) incurred by AIRE, in cash, upon presentment of any obligation so owed. Member agrees that AIRE is not an importer or exporter of any goods or services sold internationally through AIRE. Member is responsible for ensuring that all applicable customs, export control, sanctions, anti-boycott, and other international trade laws and regulations of all relevant countries are strictly adhered to and complied with in any transaction and in the event any jurisdiction successfully asserts liability on the part of AIRE, Member agrees to hold the AIRE harmless and will reimburse any and all monetary sanctions imposed or incurred by  AIRE, upon presentment of any obligation so owed.

10. CREDIT LINES

Member grants to the AIRE Board the right and power to issue SKY currency credit lines to any member on terms and conditions consistent with the then current AIRE credit policies and members’ credit worthiness and ability to repay. The exercise of the power shall be at the sole discretion of the AIRE Board with regard to terms, conditions and other particulars. The AIRE Board shall determine the actual amount of a member’s credit line according to the credit policies established by the AIRE Board in addition to those enumerated in this paragraph. In no case shall the credit line be more than the amount requested by the member. The AIRE Board reserves the right, in its sole discretion, to reduce the amount of any member’s credit line at any time. The AIRE Board of Directors shall determine the total available amount of credit in AIRE.

11. FEES

Member agrees to the following fees:

• Application fee of $600 in Sky credits debited from Member’s approved credit line upon approval of membership.
• Monthly cash member dues of forty-nine dollars and ninety-five cents US ($49.95).
• Transaction fee of one quarter of one percent (.25%) in cash and trade on all purchases and one quarter of one percent (.25%) in cash and trade on all sales.
• A late fee of $5 in cash for any cash fee not paid by the 15^th of the month.

Member agrees to pay all cash fees by credit card in US dollars except as otherwise described herein and to provide AIRE the appropriate credit card information upon application and thereafter. On or about the 1st day of each month, all cash and trade fees due from activity posted the prior month plus the monthly fee will automatically be charged to the credit card on file. A monthly statement of account will be sent to each Member by e-mail attachment on the 1^st day of the month.

The AIRE Committee may, at its sole discretion, by a two-thirds (2/3) vote, change the fee structure in order to maintain the fiscal integrity of AIRE. The AIRE Committee will provide written notice via e-mail to Members at least thirty (30) days prior to implementing a fee change.

12. SUSPENSION OF TRADING PRIVILEGES

The AIRE Committee reserves the right, at its sole discretion, to suspend Member’s trading privileges to protect the integrity of the trading system. Suspension of trading privileges of a member requires a 2/3 vote of the AIRE Board of Directors. A member so suspended may receive written notice via certified mail.

13. DISPUTES

AIRE – functioning in an exchange capacity and, as a third-party record keeper – is to be held harmless with regard to any liability or dispute arising between members. If a Member disputes a transaction, the Member must notify the seller and the AIRE Administrator by certified mail within ninety (90) days after the Member is notified of the authorized transaction by email. Upon notification of a dispute, the AIRE Board will request proof of delivery from the Seller. If the seller is unable to prove delivery of the goods or service, the funds will automatically be returned to the buyer. If the seller provides proof of delivery, the funds will be posted to the seller’s account. Final resolution of disputes is the responsibility of the parties to the transaction. The AIRE Boqrd may freeze funds involved in a disputed transaction and place such frozen trade dollars into an escrow account to be held until their release is authorized by the mutual consent of the parties to the disputed transaction, or by an arbitration authority of competent jurisdiction.

14. ASSIGNMENT

Member accounts may not be assigned, transferred or sold without the prior written approval of the AIRE Board and completed transfer forms. The terms of these AIRE Rules are binding upon Member’s heirs, successors and assigns, and on the administrators of an individual Member’s estate. AIRE may assign its rights and obligations under these Rules or any portion thereof.

15. CLAIMER OF LIABILITY

By agreeing to participate in the AIRE, Member agrees to indemnify, hold harmless, and defend AIRE and its management or directors with respect to any claim, debt or liability whatsoever arising out of any transaction wherein Member is a buyer or seller. Member acknowledges that any barter transaction in which Member participates shall be on a voluntary basis. In no event shall AIRE be liable for any direct, indirect, incidental,  or consequential damages arising from or in connection with the operation of the network including but not limited to loss of data, loss of projected revenues, or the costs of obtaining substitute goods or services, arising under any theory of liability, even if AIRE was advised of, knew of, or should have known of, the possibility of such damages.

16. AMENDMENT OF AIRE RULES

The AIRE Rules and fee schedule may be amended by 2/3 vote of the AIRE Board of Directors and with thirty – (30) days written notice to members. Any transaction that takes place in the month following the month notice is given to Member constitutes acceptance of the amended rules.

17. CANCELLATION AND TERMINATION

Member’s breach of this agreement and/or AIRE Rules may cause Member’s account to be cancelled by AIRE. Member’s account may also be cancelled if, in the sole discretion of the AIRE Board, Member has acted in a manner that is detrimental to AIRE or its members. In the event of cancellation of Member’s account, Member and/or guarantor hereby agree to pay any negative trade account balance either in products acceptable to AIRE or in cash or currency  upon Member’s receipt of the Notice of Cancellation via certified mail. If the balance in Member’s account is positive upon Notice of Cancellation, AIRE may, at its sole discretion, permit Member to continue trading for ninety (90) days thereafter under such restrictions as AIRE may impose to ensure that trading on the account is directed only toward clearing the positive balance to zero. Member agrees to prepay any fees owed on future trading and monthly fees in order to utilize balance of trade dollars. Any positive balance remaining in Member’s account ninety (90) days or more following delivery of a Notice of Cancellation shall thereafter be subject to the AIRE Credit and Delinquent Account Parameters.

In the event Member’s account is inactive (no sales or purchases) for a period in excess of 120 days, the AIRE Board may, in its discretion, close the account. However, prior to closing the account, a 30-day notice will be sent via electronic mail or certified mail giving Member an opportunity to petition the AIRE Board to reactivate the account. Such reactivation shall be in the sole discretion of the AIRE Board.

18. CONTINGENCIES AND DISOLUTION

The AIRE Board has the right to change, suspend or discontinue any aspect of its services, at any time at their sole discretion without liability.

In the event AIRE ceases operating as a facilitator of barter transactions between its Members, AIRE will attempt to collect as many outstanding debit balances as practical from Members. When, in the sole discretion of AIRE, a reasonable share of outstanding debit balances have been collected from Members, these collected funds, in conjunction with funds in the AIRE Debt Reserve Account will be used to constitute a fund from which then outstanding credit balances will be paid on a pro rata basis to Members holding credit balances. AIRE shall have no liability to compensate Members in any way for their credit balances in the event of any dissolution or winding up of AIRE.

19. INDEPENDENT BUSINESS ENTITY

In performing any transactions through AIRE, Member is independent of AIRE and the personnel and other representatives of Member do not act as agents or employees of AIRE.

In performing any transactions through the AIRE, Members trading within AIRE are independent of AIRE and are solely responsible for negotiating the terms and conditions of particular transactions with other Members subject to these Rules. Member shall have complete charge and responsibility for personnel employed by Member.

20. ENFORCEMENT

Member agrees that each and every term and provision contained in this agreement is joint and several with regard to every other term or provision therein. If any such provision or term shall be invalid, illegal or unenforceable, it shall not affect the validity, legality or enforceability of the remainder of the terms and/or provision of the agreement.

21. NOTICES

Unless otherwise agreed in writing by the parties or as required herein, all notices to AIRE regarding these Rules shall be sent by recognized courier or delivery service to AIRE at PO Box 956003, Duluth, GA 30095 or to such successor main office address as the AIRE may announce to Members.

All notices to Members may be sent by any means reasonably calculated to provide adequate notice, including by electronic mail, unless otherwise provided herein.

22. ARBITRATION

All AIRE members agree to settlement of any claims or disputes with AIRE by binding arbitration to be held in Atlanta, GA, in accordance with the rules then in effect of the American Arbitration Association. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties to the arbitration shall each pay such costs and expenses directly related to the arbitration as are determined by the arbitrator. At the time of application all members shall sign an Arbitration and Waiver of Jury Trial Agreement.

ARBITRATION AND WAIVER OF JURY TRIAL

By opening or maintaining the Account, you and we agree that any controversy, dispute, or claim (“Claim”) by either you or us against the other, or against the employees, agents, or assigns of the other, whether based on contract, tort, or any other legal basis or theory, and whether pre-existing, present, or future, that arises from or relates to (a) this Agreement, (b) services rendered by us pursuant to this Agreement, or in connection with any Account you have with us, (c) the relationships that result from this Agreement, or (d) the validity, scope, enforceability, or applicability for this arbitration provision to a Claim shall be resolved by binding arbitration.

You or we may choose either the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) to conduct any arbitration proceeding. If for any reason the AAA or the NAF is unwilling or unable to conduct the arbitration proceeding, or if you or we are unable to agree on another arbitrator, we will substitute another national or regional arbitration organization.

IF A CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE CLAIM SHALL BE DECIDED IN A COURT OF COMPETENT JURISDICTION WITHOUT A JURY. YOU AND WE IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY.

AIRE Credit Maintenance and Delinquent Account Parameters

1. 1. Members In Good Standing (Current on AIRE Fees): Must have a credit card on file or no line of credit will be granted.
   2. A credit line of $5000 will be granted upon approval of membership.
   3. Credit lines will adjust upward and/or downward based on the total amount of offers each Member has on the AIRE trading platform. The credit line will be 50% of the value of the offers of products and services for sale and will be reviewed and adjusted monthly.

Non-Renewing AIRE Members who are not in good standing (Not current on AIRE Fees, Members who are over their line of credit)

Positive SKY Balances:

Members not in good standing (examples include, but are not limited to, not paying AIRE dues and or not paying AIRE fees, etc.) are placed on Administrative Hold and member may receive a cancellation warning. AIRE fees immediately increase to $100 cash/100 SKY per month and transaction fees increase to 1/2% (cash/trade on purchases and sales). Member must pay all fees in advance to spend down their account. AIRE will consider the entire balance forfeited if payment is not made within 90 days.

Negative SKY Balances:

Members not in good standing (examples include, but are not limited to, not paying AIRE dues and or not paying AIRE fees, etc.) are placed on Administrative Hold and Member may receive a cancellation warning. Fees on the account immediately increase to $100 cash/100 SKY per month and transaction fees increase to 1/2% (cash/trade on purchases and sales). If SKY balance and outstanding dues and/or fees are not settled, the AIRE Board may proceed immediately to cash collection of the account. An account with a negative balance must cooperate with offerings and have an active credit card on file to be in good standing.

Accounts Exceeding Credit Allowance:

Members who exceed their line of credit by way of trade reversal, line of credit decrease or otherwise are placed on Administrative Hold. Member shall have 90 days from the date their account becomes overdrawn without penalty to obtain a balance within their credit parameters. Accounts that remain overdrawn after 90 days shall pay a penalty of .5% in cash on the overage amount (example: Line of Credit is $10,000, after 90 days of overdrawn credit notice Balance is $12,000. Penalty is .5% cash on $2000) until sufficient sales are made and member’s account is back within their credit line.

AIRE Code of Ethics and Conduct

AIRE members recognize that membership in AIRE carries with it the responsibility of conducting themselves and their barter exchanges in a manner that is consistent with the AIRE goal of providing the most professional, ethical and well- managed organized barter programs to the public. Therefore, the members of AIRE agree to abide by the following specific codes of conduct and barter management. In the event a violation occurs with any section of this Code of Ethics, the party determined to be in violation will be subject to the disciplinary provisions as described below.

General Principles

1. 1. AIRE members shall operate their businesses within the bounds of the law and comply with all laws, regulations, rules and ordinances for the jurisdiction wherein they reside.
   2. AIRE members shall establish internal rules, procedures and practices in their business operations that will serve the best interest of the public and their clients.

Tax ReportingCompliance

1. 1. U.S. Member exchanges will abide by the IRS reporting requirements as defined in the Tax Equity & Fiscal Responsibility Act of 1982. 1099B forms must be distributed to all exchange members that had sales for the exchange’s fiscal year and exchanges must report their annual sales to the IRS annually.
   2. U.S. member exchanges agree to communicate the reporting requirements of TEFRA to all exchange member prospects. Additionally, AIRE members are encouraged to highlight TEFRA reporting requirements in their marketing and sales materials, including their websites.
   3. Non-U.S. exchanges must adhere to the governmental reporting requirements of their given jurisdictions.

Advertising & Marketing

Members shall be truthful with regard to their spoken, printed or Internet based representations regarding their barter exchange and in their marketing materials, specifically but not limited to:

1. 1. The number of active members in their exchange. Active members are defined as those members who have made a purchase or sale within the last twelve (12) months.
   2. The limited scope of products and services available.
   3. The accurate trade volume of their exchange.
   4. Accurately communicating any and all restrictions related to an offering to its exchange members.

Discrimination

Members shall not discriminate on the basis of race, color, national origin, religion or gender in hiring employees, acceptance of clients or establishment of any other business relationship.

Trademarks – Corporate Names

No person or company shall engage in the unauthorized use of the trademark, trade name, corporate name or slogan of another AIRE member business nor shall any person or company purchase the domain names or materially similar domain names of other companies so as to restrict the rightful owner their inherent ownership benefits.

Liability For Territories, Licensees & Franchisees Offices

1. 1. When AIRE members expand their core operations through the creation of franchisees, licensees or territories, AIRE members agree to comply with all Federal, State, local or jurisdictional requirements related to the creation of such business entities and agree to supply AIRE with documentation verifying compliance with such regulatory laws.
   2. When AIRE members establish territory’s, licensee or franchisee offices of the parent company, the licensor or franchisor shall be liable for the trade debts of the territory, licensee or franchisee office in the event of termination of the territory, licensee or franchise office. Should the territory, licensee or franchisee be a separate legal entity and declare bankruptcy, the AIRE member parent company shall be liable for the trade debts of the territory, licensee or franchisee regardless of whether the territory’s, licensee’s or franchisee’s corporate entity was legally discharged in bankruptcy court.

Acquisition of Barter Exchanges

When AIRE members are involved in the purchase of another exchange every effort will be made to protect and honor the negative and positive balances of all the accounts, including reciprocal accounts, of the acquired exchange in an equitable manner.

Direct Solicitation of Other AIRE Trade Exchange Members

1. 1. AIRE exchanges are not permitted to knowingly contact or solicit for membership the members of another AIRE member exchange. This prohibition against poaching another AIRE member exchange’s members is absolute and applies to, but is not limited to direct personal solicitation, telephone, fax, e-mail and internet solicitation.
   2. If the alleged poaching activity is presented to AIRE via an Ethics Complaint the burden of proof is on the complainant to show beyond any reasonable doubt that the alleged improper poaching activity took place.

Investigative Powers Granted to AIRE With Ethics Complaints

When evaluating all AIRE Ethics Complaints, the AIRE Board reserves the right to interview AIRE member employees, independent contractors and sales  prospects.

AIRE also reserves the right to inspect any and all documentation related to any claim brought by an AIRE Ethics Complaint, be it on paper, e-mail, social media or other Internet forum.

AIRE members agree in good faith to provide all information requested by the AIRE Ethics Committee. The Ethics Committee shall hold such information confidential. Withholding of any material information by either the complainant or respondent shall be grounds for a decision in favor of the non-withholding party, and shall be made at the sole discretion of the AIRE Board.

Time Limitation on Bringing Ethics Complaint

The alleged occurrence, which is the subject of the Ethics Complaint, must have occurred within two years on the filing date of the Ethics Complaint.

Disciplinary Provisions

AIRE members found in violation of the AIRE Ethics Code are subject to the following disciplinary actions by AIRE:

1. 1. First Offense: A letter of reprimand will be sent to the violating party.
   2. Second Offense: The violating party’s AIRE membership shall be suspended for a period of 180 days. The violating party also will not be permitted to attend AIRE Conventions or participate on the AIRE Board or AIRE Committees during their suspension.
   3. Third Offense: The violating party’s AIRE membership will be automatically terminated. The principals, officers and/or managing director of such entity shall not be permitted to re-apply for membership in AIRE with a different entity for a period of 5 (five) years.

Amendment of Ethics Code

The Boards of Directors of AIRE shall review this Code of Ethics from time to time and any revisions or amendments shall be ratified by two-thirds majority vote of the members.