TERMS AND CONDITIONS
- Definitions
- “Affiliate means Independent Sales Agent (ISA);
- “We” or “Us” or “Our” or “Company” means Assist Marketing Group Limited and/or AMG;
- “You” means the person whose name appears under Affiliate details overleaf;
- The singular shall be deemed to include the plural where applicable;
- “Products” and/or “Services” means the products and/or services made available or provided by either AMG or its clients to customers;
- “Relevant Representatives” means Directors, Secretary and Shareholders of the Company.
- Your Obligations as an Affiliate
In consideration of us granting you the right to promote the Products and/or Services in accordance with the terms of this Agreement you agree:-
2.1 That the principle purpose of being an Affiliate is the promotion of the Products and/or Services;
2.2 That you are wholly independent and that this Agreement does not create any employer/employee, agency, partnership or joint venture relationship. You understand that you have no power or authority to incur any debt, obligation or liability or to make any representations or warranties on our behalf;
2.3 That you are responsible your own decisions and expenditure and we will not be responsible for any loss, cost, claim or any liability relating thereto;
2.4 To comply with all government laws and regulations as may be applicable to your AMG business activities, from time to time, and be responsible for filing all necessary returns and paying all income taxes, self-employed national insurance contributions and value added tax due in relation to your business and to keep such records as are necessary to ensure the proper assessment and payment of tax;
2.5 To comply fully with the Company Policies and Procedures as set out in the Agent pack or as otherwise notified by us to you from time to time;
2.6 To present and market the Product and/or Services and business scheme ethically and professionally, and use your best endeavours to promote the Products and/or Services on a continuing basis;
2.7 You understand that if you personally sponsor other Affiliates, that you must yours efforts to provide bona fide support and training of such personally sponsored Affiliates in all areas of the scheme, including the not limited to ongoing contact, communication, encouragement and support ;
2.8 That the use of media advertising for Products and/or Services or business is expressly prohibited except with our prior written approval to whom copy must be submitted at least 10 working days before the intended publication or transmission date, media advertising includes but is not limited to newspapers, magazines, radio, television and the Internet;
2.9 To pay for all orders in one of the following ways: cash, bankers draft, direct debit, or personal cheque and to ensure that sufficient funds are available to meet the cost of the transaction;
2.10 That any information that you give to us including information relating to you, your address and other details will be retained by us on a computer database and maybe used by us for such purposes as we may decide at our sole discretion are in our best interests. You also acknowledge that we may disclose this information as we see fit and you irrevocably consent to us retaining, processing and disclosing such information;
2.11 At all times to treat as confidential and in the nature of a trade secret the names of our Affiliates, which are held and protected by us as confidential information, and not to use or disclose to any third party the Affiliate names and/or organizational summaries provided by us to you or prepared by yourself which are solely and exclusively for the benefit of your AMG business;
2.12 Not to make any claims, statements, representations or warranties relating to us, Products and/or Services or method of operation, which are not contained in our literature;
2.13 Not to acquire a simultaneous beneficial interest(s) in more than one Affiliate position with our written consent;
2.14 You cannot make any qualification to a position with in the business scheme by the sale of Products and/or Services to you by you;
2.15 Not at any time to make unauthorized use of our copyright, trademarks, slogans, symbols and colour schemes without our prior written permission, save that you shall be entitled to use our official marketing materials, sample Products and/or Services and any advertising which is provided or sold to you by us from time to time;
2.16 Not to participate in a business scheme promoted by any other Company whose Products and/or Services compete either directly or indirectly with the Products and/or Service offered by us.
- Renewal and Termination
3.1a A monthly renewal fee is payable with effect from the first anniversary of this Agreement as follows:-
Independent Sales Agent
- If your monthly commission (net of any other deductions) exceeds £19.97 then a renewal fee of £19.97 will be deducted by the Company; or
- If your monthly commission (net of any other deductions) is less than £19.97 then a renewal fee of £29.97 will be collected using the direct debit details set out overleaf or as subsequently notified to us.
3.1b In the event that your bank refuses to pay any direct debit for any reason, we shall be entitled to terminate this Agreement forthwith.
3.2 During the term of this Agreement or any renewal thereof, or for a period of 90 days after the termination of this Agreement for any reason whatsoever, you agree not to take or encourage any action or make any statement the purpose or effect which would be to interfere with the Company’s contractual relationship with any other Affiliate and without prejudice to the generality of the foregoing, not to directly or indirectly contact, solicit, entice, sponsor or accept any Affiliate into opportunities in schemes in any company other than ourselves or to cease being an Affiliate;
3.3 You may terminate this Agreement at any time by giving 14 (fourteen) days written notice to us;
3.4 We reserve the right to terminate this Agreement at any time forthwith upon giving written notice to you that we have reasonable cause to believe you have acted in contravention of the terms of this Agreement or otherwise against the best interests of the Company;
3.5 You may dispose of your position as an Affiliate in any manner allowed by law subject to our prior written approval and in accordance with the Policies and Procedures. Any such sale, assignment or other transfer will not be valid until we have given written notice of the date from which the sale, assignment or transfer will be authorised. An administration fee is payable on every transfer;
3.6 You have the right within a period of 14 (fourteen) days of entering into this Agreement to cancel the Agreement without penalty by notifying in writing;
3.7 If this Agreement terminates pursuant to Clause 3.4 above, or as a result of you not having renewed your position as an Affiliate pursuant to Clause 3.1 above, then we will be under no obligation to make any refunds or re purchase any marketing or training materials purchased by you prior to the date of termination;
- Our Obligations to you and your rights as an Affiliate
We will make available the marketing and training materials for purchase by you in accordance with the Policies and Procedures and Compensation Plan as contained in the Agent Starter Pack.
5.1 You may market and promote the Products and/or Services and the business opportunity to anyone residing in any country where AMG operates. No Affiliate will be given an exclusive territory or an exclusive Affiliate franchise.
5.2 We will use our reasonable endeavours to supply you with all the marketing and training materials ordered by you within a reasonable period of time from receipt of your payment. We reserve the right to alter the price of the marketing and training materials from time to time by giving written notice to you and any such change will be effective on the date specified in the notice.
5.3 We will not accept any order from you and no sale of goods will made to you in excess of the £200 maximum limit until the expiry of 7 (seven) days from the effective date of this Agreement.
5.4 In respect of independent Sales Agents: we will promptly pay any commission due to you in accordance with the Compensation Plan as contained in the Agent Starter Pack and amended by us from time to time.
- Waiver
Failure or delay in exercising any right under this Agreement on our part shall not operate as a waiver thereof.
- Conflict
In the event of any conflict or inconsistency between this Agreement, the Compensation Plan and the Policies and Procedures and any other document referred to herein the terms of this Agreement shall prevail.
- Notices
Any notice given under this Agreement may be delivered personally or sent by first class recorded delivery; post to the address of the party set out in this Agreement or to such other address as shall have been notified from time to time in writing by one party to the other. In respect of any notice given by you to terminate this Agreement the period of notice shall, when given by post, start to run from the day when such notice is posted by first class recorded delivery post to us.
- Severability
If at any time any provision of this Agreement shall be found to be illegal, unenforceable or invalid in whole or in part the remaining portions of such provisions and other provisions of this Agreement shall continue to be binding and in full force and effect.
- Force Majeure
This Agreement shall be terminated without liability on either party in the event that either party is prevented from complying with their obligations here under due to circumstances beyond their reasonable control.
- Governing Law
This Agreement shall be governed by the laws of England and Wales and the parties here by submit to the exclusive jurisdiction of the English courts.