1. Team Client.
1.1. Team Client (hereinafter - "the Client") - an individual who is not registered as an individual entrepreneur in the registration authorities. The Client shall provide the Company following documents: two originals of this Agreement, a copy of the passport pages (the passport issuing authority, with a photo, with a valid registration). Within 30 calendar days of receiving the individual number The Client must provide the document package to the Company office, otherwise the Company has the right to suspend activities of such Client.
Client is properly notified that prior to registration as an individual entrepreneur, the Client is not entitled to expect the benefits provided with the Marketing Plan "Partnership Program" of the Company (hereinafter - the "Partnership Program"), but the customer is entitled to purchase the Company's products.
1.2. Client acknowledges and agrees that the Client as an individual is only a buyer of the Company's products and is not an employee, an agent, a licensee, a joint venture partner, a companion or the owner, co-owner of the Company. The client is not eligible to bind the Company to any obligations or voluntarily undertake any obligations on behalf of the Company without a duly executed written authorization (power of attorney).
1.3.The customer is personally responsible for compliance with applicable Ukrainian legislation regulating any legal relations in the sphere of business activities on the territory of Ukraine, including for tax purposes. The Client may at any time register at registration authorities as an individual entrepreneur and by submitting document copies, confirming such registration, to the Company, acquire the status of a Team Member.
1.4.By signing this Agreement, the Client confirms that he/she is a capable person. The Company shall not be liable in the event if the Client provides false information regarding their legal capacity.
2. Team Member.
2.1. Team Member (hereinafter - the "Member") - is an individual entrepreneur or legal person who is required to complete this agreement in part of the Member, and provide the Company following documents:
2.1.1. For individual entrepreneurs: two originals of this Agreement, with indication of individual entrepreneur; copies of passport pages (namely: who issued the passport, with a photo, with a valid registration); A copy of, or extract of registration; copy of a certificate from the Chief Directorate of Statistics; bank account details; notice of the applicable tax system.
2.1.2. For legal persons: two originals of this Agreement specifying legal person’s data; A copy of or extract of registration; bank account details; articles of association copy (first, second and third sheets, and a sheet with credentials and head of the office term, the reverse side of the last page, members protocol or decision on the appointment of the company head; a copy of the power of attorney if the contract is signed by a representative, notice of the applicable tax system.
2.2. The documents specified in Sec. 2.1.1., 2.1.2 of this Agreement, shall be submitted in copies certified by the seal of the legal person and the signature of the head, or a person acting in the interest of that legal person by power of attorney, if the authority for certification of copies stated in the power of attorney. In the case, if the Member within 30 calendar days of receiving the individual number will not provide documents to the Company office, the Company may suspend activities of such Member, including the rewards payouts.
3. Additions to the Agreement.
3.1. Additions (attachment) to the Agreement and its integral parts are the "Partnership Program", Product Catalog et al. Additions (attachment) can also regulate the relationship between the Company and the Member/ Client. Member/ Client is obliged to abide by the terms of this Agreement and Additions (attachment) to it, otherwise the Member / Client is responsible for the violations.
3.2. By signing this Agreement, Member/ Client confirms the fact that he/she is familiar with the terms and conditions of the "Partnership Program" and accepts and agrees to comply with the conditions set forth in the “Partnership Program”.
4. Termination of the Agreement.
4.1. Member / Client may terminate this Agreement upon his/her signature, only in the case of cash and property relations settlement with the Company, as well as in the absence of the Company's claims towards the Member/ Client regarding money and property relations between the parties of the Contract, sending written notice of Agreement termination to the Company in advance.
5. Intellectual property rights and means of individualization, confidentiality.
5.1. Member / Client agrees not to use the registered and / or sent for registration trade marks for goods and services, industrial designs, utility models, and other objects of intellectual property rights (whether registered or not registered), used in the production and / or sale of the goods offered by the Company, without the prior written consent of the Company of such use. The company has exclusive rights to the list of Members /Clients and other confidential commercial or financial information. Member / Client is not to use any information about the list of Members/ Clients or confidential information belonging to the Company, for the purpose of sale or use of any goods or services, other than the goods and services offered by the Company.
5.2.Retaining force of the provisions of this Agreement and the obligations of a Member/ Client to respect and protect the trade secrets of the Company, the rights to intellectual property rights and other rights, confidential information and materials remain in force for three years after the termination of this Agreement.
6. Shipment and payment terms.
6.1. Member / Client is required to pay for the ordered by the Member / Client products and any possible costs associated with registration, payment, shipment, delivery of goods.
6.2.Member / Client acknowledges and agrees that the selected product by the Member / Client will be sent to the Members / Clients delivery or mailing address that Member / Client stated, until the Member/ Client informs Company in written form about the change of the address. The Company is not entitled to change the selected by the Member / Client volume of products, delivery date and payment form, without firstly notifying the Member / Client in writing or by e-mail. Member / Client understands that failure to notify about the Members/ Clients mailing address or e-mail address changes, Member / Client may incur additional shipping costs and storage of such goods in the warehouse of the carrier.
6.3. Member / Client understands that the delayed payment for goods (up to 3 working days prior to the intended date of issue / dispatch of the goods), the Company has the right not to carry out the shipment of goods to the Member / Client.
6.4. The duty of the Company to transfer the goods considered fulfilled and the ownership of the goods passes from the Company to the Member / Client at the time of goods transfer to the carrier by the Company or personal obtainment by the Member / Client of such goods. The risk of accidental loss or damage to the goods passes from the Company to the Member / Client from the moment of ownership transfer of such goods from the Company to the Member/ Client.
6.5. In case of sending goods via carrier service (carrier), the Company has the right to determine such a carrier (courier), and Member / Client is obliged to carry out the export of goods from the warehouse of the carrier (courier), including paying the cost of storage of such goods in the warehouse of the carrier (courier).
7. Other terms and conditions of the Agreement.
7.1. Member / Client acknowledges and agrees that he/she is not in employment relations with the Company, is not an agent and / or licensee and / or joint venture partner, and / or companion, and / or owner and / or co-owner of the company.
7.2. Member / client is incompetent to bind the Company to any obligations or willfully assume any obligation on behalf of the Company.
7.3.Member / Client is solely responsible for compliance with applicable legislation regulating any legal relations in the sphere of entrepreneurial activity on the territory of Ukraine.
7.4. Member / Client is personally responsible for any taxes and responsibilities, as well as the rights of third parties, established by the current legislation of Ukraine. Member / Client is obliged to keep proper records, to submit set reports and guarantees to the payment of any applicable taxes and to perform other duties established by the legislation.
7.5. Member / Client is obliged to notify the Company of any change in the status of the physical person-entrepreneur or legal entity, especially with regard to its termination, together with the documents confirming such changes within three (3) calendar days from the date of occurrence of such changes.
7.6. Member / Client by signing this Agreement confirms that he/she has reached an unconditional understanding that the Company reserves the right to unilaterally make changes and amendments to this Agreement and to the attachment (appendix), and the notice of such changes and amendments should be posted on the official Company website and shall enter into force on the date of their placement in this manner, at that moment, Member / Client is considered to be familiarized, and in agreement with the changes and / or amendments to this Agreement.
7.7. In all matters not provided by the terms of this Agreement, the Parties shall be governed by the laws of Ukraine.
7.8. The Parties have agreed that any dispute arising between the Parties during the term of this Agreement shall be settled by the Parties in the complaint procedure. The Parties have agreed that all legal disputes arising in connection with this Agreement, the performance of its conditions are imposed at the location (registration) of the Company.
7.9. In accordance with the Law of Ukraine "On Personal Data Protection " from 01.06.2010 № 2297-VI, Member / Client provides the Company his/her consent to the processing and storage of the personal data in order to implement relationships that arise between the parties under this Agreement, in order to ensure the implementation of administrative relations, fiscal relations, relations in the field of accounting, relations in the field of advertising, collecting personal data for commercial purposes, in order to implement relations in the field of statistics in accordance with the current legislation of Ukraine. Member / Client confirms that he is warned (familiar) with their rights under Art. 8 of the Law of Ukraine "On Protection of Personal Data" from 01.06.2010 № 2297-VI
7.10. The Parties have agreed that the attachment (appendix), to this Agreement in posted on the official website of the Company.
8. Acceptance- transfer services.
8.1. Acts of acceptance. Types and list of services provided by the Member are specified and confirmed by the Parties on a quarterly basis in the Acts of acceptance and transfer of services rendered, which shall be signed by the Parties in respect of each month during which the parties provide for the Company services under this Agreement, unless a different periodicity of the Acts of acceptance is not agreed by the parties or determined in the "Affiliate Program". The act of acceptance of services rendered, signed by the Company confirms that the Company receives services provided by the Member during the relevant time period, and that the amount of Member remuneration (bonus) for services rendered is agreed by the Parties. To receive remuneration (bonuses) Member must sign a copy of the Certificate of acceptance and send the signed Act by postal services before the end of the last month of the quarter. In case when the Company does not receive the Act of acceptance and transfer of the rendered services for the respective period, the Company has the right to suspend performance of its obligations relating to the payment of remuneration (bonus) to the member for the same period of time as are the delays in obtaining the Certificate of acceptance and transfer of services provided by the Member.
Signature of the Member / Client: ______________
Signature of the co-applicant: ____________________
Signature of the Company _______________________________________