Clan Merger Admission

[RonaldLee[1up]]

CLAN MERGER ADMISSION

Purpose. The purpose of this policy is to provide a method for 1up to assume and acquire gaming clans, through an approved merger process. This rule shall govern assumption and acquisition of gaming clans.

Merger Application. There shall be a “Merger Application” that constitutes an application for permission to merge a gaming clan into the folds of 1up. The official Merger Application is located at: http://www.1upclan.info/cforms/merger_form/index.php. Once submitted for filing, 1up Application Staff shall assist the applicant-clan representative to tender supplemental information to update the Merger Application.

Voting Classifications. There are three classifications of votes applicable to a Merger Application: (1) Preliminary Vote, (2) Progress Vote, and (3) Confirmation Vote.

Majority Requirement. A 70% approval rating is required to approve a Merger Application.

Voting Options. There are two voting options available in the Preliminary, Progress and Confirmation Vote proceedings:

•    "Yes"    (Approval)

•    "No"     (Disapproval)

Procedure. A properly filed Merger Application shall be placed in “Pending” status. A Preliminary Vote date will be established that is at least ten (10) calendar days from the date of granting “Pending” status.

Preliminary Vote. The Preliminary Vote is the initial vote on a Merger Application. If the Preliminary Vote fails to result in a 70% approval rating, then the Merger Application shall be denied without further ado. If the Preliminary Vote results in a 70% approval rating, then the Merger is approved. If the Merger is approved, then (regardless of clan member size) the merging clan leader is assigned a 1up Support Member title, the remaining merging clan members are assigned 1up Trial Member titles, and a Progress Vote shall be docketed to take place 30 days thereafter.

Progress Vote. The Progress Vote is the second vote on a Merger Application. There are three possible outcomes flowing from a Progress Vote: (1) If the Progress Vote results in a 70% disapproval rating, then the merging clan shall be expelled without further ado. (2) If the Progress Vote results in less than a 70% approval rating (and less than a 70% disapproval rating), the merging clan shall continue their respective 1up titled positions, and a required Confirmation Vote shall be docketed to take place 30 days thereafter. (3) If the Progress Vote results in a 70% approval rating, then the merger will become final and the merging clan shall be placed within 1up as follows:

• In the case of a merging clan containing 11 members or less, the merging clan leader is assigned a 1up Member title with full voting rights; the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 12 to 22 members, the merging clan leader is assigned a 1up Referee title; the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 23 to 34 members, the merging clan leader is assigned a 1up Referee title (with eligibility for rapid advancement to 1up Server Admin at the expiration of six months);  the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 35 to 49 members, the merging clan leader is assigned a 1up Server Admin title;  the remaining merging clan members are assigned 1up Member titles.

Confirmation Vote. The Confirmation Vote is the final vote on a Merger Application. A Confirmation Vote shall not be scheduled unless a Progress Vote dictates that a Confirmation Vote is required. A Confirmation Vote is only required when a Progress Vote results in neither an expulsion or a promotion of the merging clan (i.e., less than a 70% approval rating and less than a 70% disapproval rating).  If the Confirmation Vote fails to result in a 70% approval rating, then the merging clan shall be expelled without further ado. If the Confirmation Vote results in a 70% approval rating,  then the merger will become final and the merging clan shall be placed within 1up as follows:

• In the case of a merging clan containing 11 members or less, the merging clan leader is assigned a 1up Member title with full voting rights; the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 12 to 22 members, the merging clan leader is assigned a 1up Referee title; the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 23 to 34 members, the merging clan leader is assigned a 1up Referee title (with eligibility for rapid advancement to 1up Server Admin at the expiration of six months);  the remaining merging clan members are assigned 1up Member titles.

• In the case of a merging clan containing 35 to 49 members, the merging clan leader is assigned a 1up Server Admin title;  the remaining merging clan members are assigned 1up Member titles.

Voluntary Vote. All 1ups eligible to vote may voluntarily cast a vote during the period a voting poll is open.

Time Limitations. The Preliminary, Progress and Confirmation Vote shall run for a period of five (5) days. Each potential voter must cast their vote within the five-day period.

Exception. Any person who becomes ineligible to cast a vote during the pendency of a vote proceeding shall have their vote stricken.

Right of Refusal. 1up may exercise the right to refuse any member of a Merger Application for any reason. 1up reserves the right to refuse a member of a Merger Application who engages in conduct that is contrary to the 1up Code of Conduct, examples of which include but are not limited to: asshattery, lack of English skills, and multi-claning. In exercising the Right of Refusal, the undesired member of the Merger Application shall be stricken or redacted from the Merger Application. Further, the Right of Refusal may be exercised at any stage of the Merger, which includes the Merger Application, Preliminary, Progress and Confirmation Vote proceedings.

Rejection. (1) In the case of where a member of a Merger Application or part thereof is found to be a Hacker, such person will be automatically rejected. (2) In the case of where a Merger Application is found to be substantially untruthful or significantly deceptive such that the same cannot be reasonably cured, the same shall be subject to dismissal with prejudice. (3) In the event that a member of a Merger Application or part thereof incurs a justified 1up server ban or a justified ban from the 1up forum, such person may be excluded from the Merger Application and their part thereof redacted.

Limitations. A Merger Application may be subjected to a Procedural Bar and/or Individual Bar as follows:

• Procedural Bar. A Merger Application denied by majority vote shall constitute a bar to submission of a second Merger Application.

• Individual Bar. An individual who has twice been denied admission to 1up Clan through an (individual) Application for Admission, shall be barred and ineligible to be listed as a merging clan member in a Merger Application, unless a waiver is granted by the Founder or his authorized agent. An individual who has twice terminated a membership with 1up Clan, shall be barred and ineligible to be listed as a merging clan member in a Merger Application, unless a waiver is granted by the Founder or his authorized agent.

Conclusive Effect. In a completed merger the merging clan members transform into members of 1up Clan.   

Definitions.

Merger Application: The application submitted by a representative of a clan that moves for approval to merge into 1up Clan.

Merging Clan: The clan upon which the Merger Application is submitted.

Merging Clan Representative: A person who is at least 16 years of age who has authority to bind the Merging Clan.

Merging Clan Leader: The leader of the Merging Clan.

Merging Member: A person who is a member of the Merging Clan.

Merging Clan Member: A person who is a member of the Merging Clan.

Preliminary Vote: The first vote on a Merger Application.

Progress Vote: The second vote on a Merger Application.

Confirmation Vote: The final vote on a Merger Application.

Commentary.

     Special circumstances may arise during any of the vote proceedings. In the event that the merging clan representative resigns, 1up Application Staff shall transfer the Merger Application to another member in the merging clan. In the event that the merging clan representative elects to withdraw the Merger after preliminary approval, then 1up Application Staff shall offer to each surviving merger member the option to continue to with the Merger. Additional circumstances may arise. This policy cannot foresee each and every complication. Policy shall be construed and applied in a manner to promote full term completion of the process where it is reasonably clear that surviving merger members desire to obtain process.