FLANTECH ASIA INDEPENDENT/ CORPORATE MEMBER AGREEMENT
An Agreement between the before-named APPLICANT (hereinafter referred to as the APPLICANT) and FLANTECH ASIA SDN. BHD. (568711-K) (AJL931410), (hereinafter referred to as the COMPANY) effective on the Terms and Conditions below:-
- The APPLICANT hereby applies for authorization as a Member in the COMPANY'S Independent/ Corporate Membership programme and certifies that the APPLICANT is of legal and or capacity age in the state in which the APPLICANT resides. For a period of 30 days from the submission of this Application, or until such time as the COMPANY notifies the APPLICANT of the acceptance of this Application or its rejection. For registration, the APPLICANT must make a payment of RM60 being the registration fee whereafter, the APPLICANT is provisionally authorized as a Independent/ Corporate member and granted the rights to sell the COMPANY'S products. The COMPANY reserves the right to accept or reject any application wihout assigning any reason.
- Upon acceptance as a Member by the COMPANY, the APPLICANT is authorized as a Member. However, if the Member does not order products from the COMPANY for a period of 12 months, the Membership will be automatically removed and he must reapply if the he wish to rejoin the COMPANY subject to the Policies & Procedures outlined by the COMPANY.
- The APPLICANT has read, understood, and agreed to be bound by the Terms & Conditions of this Agreement which include all rules, policies, procedures and compensation programmes of the COMPANY as set forth in the official COMPANY’s Policies & Procedures which are hereby incorporated and made part of this Agreement, in their current form and as they may be amended through the COMPANY’S amendment process.
- The APPLICANT is an independent contractor under the terms of this Agreement, and not an agent, employee or legal representative of his sponsor of the COMPANY, and will in no way represent himself as such. The APPLICANT is also not an employee.
- The APPLICANT will not produce, promote, or use materials of any kind describing the COMPANY’S name, programmes, products, and trademarked, copyrighted or otherwise protected materials if such materials are not obtained from or approved in writing by the COMPANY.
- The APPLICANT will explain the COMPANY’S programmes honestly and completely when presenting them to others. The APPLICANT understands and will make clear in any presentation the following, that no amount earnings are guaranteed by the COMPANY or its programmes, no Member will earn money solely from sponsoring; no specific amount of products must be purchased at any level; there are no exclusive territories for Members in the programme and the APPLICANT certifies that none of the proceding claims or representation have been made to the APPLICANT. Neither the execution nor acceptance of this Agreement constitutes the sale of a security or a franchise.
- The APPLICANT is responsible for all of his own income/ sales taxes, licenses, and fees of any kind.
- The APPLICANT must offer all of his retail customers a full money-back guarantee of all products. As a Member, the APPLICANT has the responsibility to refund the purchase price of any products that fails to fully satisfy any of his own retail customers within 30 days of purchase. If this happens, the COMPANY will promptly replace any products returned to the APPLICANT upon receipt by the COMPANY of the completed Consumer Products Return Form and the returned product.
- Any sale or assignment of this Member Agreement must be approved in writing by the COMPANY. Successors in interest of assign must comply with all programme requirements.
- By the submission of this application, the signatory(ies) hereby agree(s) that he/they is/are authorized to bind the APPLICANT(if the APPLICANT is a corporation/ partnership)
- Venue and jurisdiction for any action pertaining to this Agreement of any disagreement or claim between the parties hereto shall be in the state of Penang, Malaysia. The APPLICANT understands and agrees that except as set forth in the Policies & Procedures, all claims and disputes relating to this Agreement, the rights and obligations of the parties or any other claims or causes of actions relating to the performance of either party under this Agreement and/ or Applicants purchase of products shall be settled totally and finally by arbitration in Penang, Malaysia, in accordance with the Federal Arbitration Act.
- Any and all cost, including Solicitors fees, incurred by the COMPANY as a result of any violation of this Agreement of any other dispute between the parties hereto shall be borne by the APPLICANT. In the event that this Agreement at any time, for any reason is determined to be avoided or superseded, the provisions of this paragraph shall survive.
- The APPLICANT shall be entitled to cancel participation in the marketing programme at any time and for any reason upon notice to the COMPANY. Upon notification of cancellation or termination, the COMPANY will repurchase inventory in accordance with its policies as stated in the COMPANY'S Policies & Procedures.
- The COMPANY reserves the rights to terminate any Membership for causes, as outlined in the Policies & Procedures.
- No purchase or product investment is necessary to become a Member of the COMPANY.
- This Agreement constitutes the entire agreement between the APPLICANT and the COMPANY and no other additional promises, representations, guarantees or agreements of any kind shall be valid unless agreed upon by the COMPANY in writing. The APPLICANT agrees to indemnify and hold the COMPANY in harmless against any claims, costs, damages, losses, liabilities and expenses (including legal fees) arising from or connected with, directly any breach of this Agreement, the Policies and Procedures or other conducts by the APPLICANT, the APPLICANT’S agent or employee.
* The word denoting the masculine gender shall include the feminine gender.