IBP Agreement


INDEPENDENT BRAND PROMOTER AGREEMENT

This Independent Brand Promoter Agreement (hereinafter referred as the ‘IBP Agreement’) will be considered effective from either the date of payment for purchasing the IBP License or from the date of IBP License Activation, whichever is earlier (hereinafter referred as the ‘Effective Date’) between the Company and the respective Independent Brand Promoter (hereinafter referred as the ‘IBP’).

IBP and Company together referred to as the Parties and individually as Party.

This IBP Agreement represents an agreement between the Company the respective IBP, superseding all prior negotiations or any agreement, whether written or oral except as provided in this IBP Agreement.

Purpose: The purpose of entering into this IBP Agreement is to have an Independent Brand Promoter (hereinafter referred as the ‘IBP’) for marketing, selling and advertising the Company Services as per the below terms and provision agreed between the IBP and Company. Furthermore, to clearly define the relationship that exists between the IBPs and Company, and to explicitly set a standard for acceptable business conduct, Company has established this IBP Agreement with the respective IBP.

Your access or the use of the Company Website or Services shall mean that you have read, understood and agreed to be bound by this IBP Agreement. By accessing or using any Company Website or Services you also represent that you have the legal authority as per the applicable laws (including but not limited to age requirement) to accept the terms of the IBP Agreement on behalf of yourself and/or any other person you represent in connection with your use of the Company Website or Services. If you do not agree to the terms of the IBP Agreement, you are not authorised to use the Company Website or Services.

Whereas Parties agrees as following;

  1. Company commits to provide the most exceptional direct sales experience backed by impeccable service to its IBPs,
  2. IBPs undertakes to operate their business according to the highest standards of integrity and fair practice.
  3. IBP understands and accepts that his/her potential income is solely based on Company Financial Rewards Plan as agreed between the Parties.
  4. IBP understands and accepts that Company does not guarantee him/her any income nor he/she is assured any profits or success.

Terms:

  1. DEFINITIONS: For this IBP Agreement, the following words/phrases shall have the meaning as specified below
    1. Company Restricted Countries:
      1. United Arab Emirates
      2. Sanctioned Countries, as provided in Clause 5.
    2. Company Website: Company Website will include all website and sub-domains currently owned or which might be purchased in the future by Company or its Affiliates.
    3. Company Affiliates:
    4. Third Parties: Any party that is not a signatory to this IBP Agreement or is not one of the Company Affiliates shall be considered as Third Party for the purposes of these Terms.
    5. Services: Company and its Affiliates provide a range of Services for a subscription. Please note that new Services might be added, removed or modified and therefore the IBP is requested to regularly visit Company Websites to stay updated about the available Services.
  2. REQUIREMENTS TO BECOME A COMPANY IBP: A prospective IBP is mandatorily required to fulfil the below requirements to be a Company IBP.
    1. Be at least eighteen (18) years of age,
    2. Reside in countries or territories which doesn’t fall under the Company Restricted Countries,
    3. Provide correct and up to date information for registration purposes and agrees to immediately inform Company if there is any change or amendment in the information provided earlier.

      However, fulfilling the above requirements doesn’t guarantee that an individual can become a Company IBP. Company shall have the full discretion to reject any application or expression of interest from prospective IBPs. A prospective IBP may self-enroll on his or her sponsor’s website. In such event, Company will accept the IBP Agreement by way of an “electronic signature” rather than submission via a physical hard copy of the agreement. An IBP’s acceptance of the “electronic signature” signifies his or her explicit acceptance of the terms and conditions of the IBP Agreement, as well as the acceptance and understanding of additional applicable policies. Please note that such electronic signature constitutes a legally binding agreement between you and Company.
  3. REGISTRATION OR USE OF COMPANY WEBSITE OR SERVICES: To use certain Services offered by Company or to be a Company IBP, you may be required to open an account by completing the registration process. You will also choose a password and user name, and maintaining the confidentiality of your password and account shall be your sole responsibility. You expressly agree to absolve the Company of any responsibility/liability in this regard.
  4. GEOGRAPHICAL REACH OF COMPANY WEBSITE AND SERVICES: Company Website and Services are available globally without any restriction from our end. Therefore, you can access or use the Company Website or Services from any jurisdiction around the world, and you will be doing so at your own risk, and you are solely responsible for the compliance of the local laws or any other applicable national or international laws and regulations.
  5. RESTRICTED COUNTRIES FOR COMPANY SERVICES:
    1. Company acknowledges that Company Website can be accessed from any jurisdiction around the world; however, Company does not provide its Services to the residents and companies registered in countries which are currently under Sanctions imposed by the United States of America or under the respective applicable laws. For the specific Sanctions and the list of countries under such Sanction, please visit the website of the U.S. Department of the Treasury (https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx).
    2. Company currently also doesn’t provide its Services to the residents of United Arab Emirates.
    3. If a user or an IBP is resident of restricted countries as provided in Sub-Clause (a) & (b) of this Clause then Company has the complete discretion to cancel such subscription or immediately terminate the IBP Agreement without any notice as and when it comes to its attention and Company shall not have any obligation towards such user or IBP. Such user or IBP shall also not have any right to seek refund or compensation from Company.
  6. COMPANY FINANCIAL REWARDS PLAN:
    1. BP acknowledge that the Financial Rewards Plan is based on current products and services Company is marketing or offering and both the range of products and services and the Financial Rewards Plan or any other related document are subject to change. IBP acknowledge that it must maintain qualifications, as detailed in the Financial Rewards Plan, to continue to receive all residual income based on customers’ usage of products and services.
    2. IBP accepts that only compensation and benefits that he/she is entitled to are provided under this IBP Agreement and Financial Rewards Plan, and IBP shall meet all the requirements to achieve the same. If the IBP fails to meet the necessary requirement than Company has the right to deny the payment of appropriate compensation and IBP waives to take any action against the Company.
  7. TERM AND RENEWAL: The term or duration of this IBP Agreement shall be for twelve (12) months from the Effective Date. Upon completion of the twelve (12) months period, IBP shall renew his or her business by making the mandatory payment of the required fee as available on the Company Website. If the IBP fails to make the necessary payment for the renewal of his/her business, then the respective IBP shall lose all the rights of his or her downline organisation unless the renewal payment is made within thirty (30) days (the grace period) from the end date of the term. The Term of the renewed period will be effective from the date when the payment became due not when the payment was made during the grace period. Upon payment of the renewal fee within the thirty (30) day grace period, the IBP will resume the rank and position held immediately before the expiration of the IBP Agreement. However, such IBP’s paid as level will not be restored unless he or she qualifies at that payout level in the new month. The IBP is not eligible to receive commissions for the time that the IBP’s business was expired.
  8. IBP BENEFITS: Upon the Company’ acceptance of the IBP Agreement, the benefits of the Company Financial Rewards Plan and the IBP Agreement shall become immediately effective. These benefits include the following rights:
    1. The ability to sell Company products/services;
    2. The ability to participate in the Company Financial Rewards Plan (i.e., receive bonuses, commissions and other benefits, if eligible);
    3. Sponsor other individuals as customers (“Customers”) and downline IBPs into the business, thereby building an organisation and progressing through the Company Financial Rewards Plan; and
    4. Receive periodic Company Company literature and other corporate communications,
    5. Replicated online site and back offices
  9. ADHERENCE TO THE COMPANY FINANCIAL REWARDS PLAN: IBPs must adhere to the terms of the Company Financial Rewards Plan as outlined in official Company literature. IBPs shall not require or encourage current or prospective customers or IBPs to participate in Company in any manner that varies from the program as outlined in official Company literature. IBPs shall not require or encourage current or prospective customers or IBPs to execute any agreement or contract other than official Company agreements and contracts to become a Company IBP. Similarly, IBPs shall not require or encourage current or prospective customers or IBPs to make any purchase from, or payment to, any individual or other entity to participate in the Company Financial Rewards Plan other than those purchases or payments identified as recommended or required in official Company literature.
  10. BONUS BUYING PROHIBITED: IBP clearly understands and agree that bonus buying is strictly prohibited. The ‘bonus buying’ shall include;
    1. the enrollment of individuals without their knowledge and agreement and/or without execution of an IBP Application;
    2. the fraudulent registration of an individual as an IBP or merchant;
    3. the enrollment or attempted enrollment of non-existent individuals as IBPs or merchants;
    4. the use of a credit card by or on behalf of an IBP or merchant when the IBP or customer is not the account holder of such credit card;
    5. Purchasing Company products on behalf of another IBP, or under another IBP’s ID number, to qualify for commissions or bonuses.
  11. DUTIES OF IBP: The IBP understands and agrees to ensure mandatory compliance with following requirements during the IBP Agreement and after the termination of the IBP Agreement, where applicable;
    1. IBP accepts that to maintain its IBP Rank/Placement, he/she must pay the required fees as and when it becomes due,
    2. The IBP shall not make false or misleading statements regarding the products or services offered by Company and its Affiliates and Company’ service partners or the relationship between the respective IBP and the Company and Company’ service partners,
    3. The IBP shall always operate in a lawful, ethical manner and comply with the terms of the Code of Ethics of the Direct Selling Association, Company Policies and Procedure, etc.
    4. The IBP shall not engage in the slamming of a customer (i.e. any practice that causes a customer’s service provider to be changed without the customer’s knowledge or consent),
    5. The IBP shall keep accurate records of the business and shall share the same with Company as and when requested within forty-eight (48) hours of the request made by the Company.
    6. The IBP shall not engage in or perform any misleading, deceptive or unethical practices,
    7. The IBP shall abide by all national, state and local laws, industry codes and standards or other regulations governing the marketing to, or solicitation of customers for the products and services offered by Company and its Affiliates, including but not limited to your resident country’s consumer protection laws.
    8. The IBP further agree that, as an IBP, it shall be responsible for the payment of all taxes and maintenance of all insurance cover which may be required in connection with this IBP Agreement. IBP shall indemnify Company and must keep Company indemnified against any claim, action, damage, loss, liability, cost, expense or payment which Company directly or indirectly suffers or incurs in connection with or in relation to any failure by IBP to pay any tax as and when it falls due, any failure by Company to perform obligations required of IBP or Company by law in relation to paying all necessary taxes on amounts due to IBP, withhold money on account of any tax from amounts due to IBP and any failure by IBP to maintain any policies of insurance that an IBP required by law to obtain.
    9. The IBP understands and agrees that he/she shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount nor that all or any IBPs will succeed.
    10. IBP agrees to make timely payment for any service or other help received from the Company on or before the due date of payment. In the event the IBP fails to make such timely payments, then he/she acknowledges that Company may offset such debt from any monies owing to such IBP under the Financial Rewards Plan or any other agreed arrangement and IBP waives its right to take any action against Company under such circumstances.
    11. An IBP shall at all times conduct itself in a considerate manner and shall not engage in any high-pressure selling/promoting, but shall make only truthful and accurate statements about the business opportunity, Company Services offered through or by Company. IBPs shall not make any claims about Company Services provided through or by Company other than those claims found in Company authorised literature and on Company Website.
    12. When describing the Plan: (a) an IBP’s statements must be truthful, accurate and not misleading; (b) the roles of a balanced business (promotions, personal use and sponsoring) must be accurately described; and (c) all income representations must be limited to income from the Plan, based on actual experience or from Company-authorized materials, and provide realistic income potential.
  12. DUTIES OF COMPANY:
    1. Company will always endeavour to deliver all Services on time and in good quality,
    2. Company will always try to provide quick and efficient customer support services,
    3. Company will provide with agreed and paid Services,
    4. The IBP has the right to raise a complaint about service deficiencies under the Terms, and other policies agreed between the Parties.
  13. DISCLAIMER OF WARRANTY: Company disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible under applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the Company Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of any content on the Company Website; any losses or damages; or any conduct by users of the Company Website, either online or offline. Company does not warrant or represent the use or results of the use of the services or materials on the Company Website in terms of correctness, accuracy, reliability, or otherwise.
  14. WARRANTIES BY IBP: The IBP warrants to the Company that;
    1. It is eligible to enter into this IBP Agreement as per the applicable laws and regulations,
    2. It complies all necessary terms and conditions provided in this IBP Agreement for it to be eligible to enter into a relationship with Company,
    3. It shall at all the time honour and abides by the terms of IBP Agreement and other arraignments entered between the Parties from time to time. Any breach of obligation by IBP shall make it liable to pay compensation to Company along with other available remedies.
  15. TERMINATION: Either Party can terminate this IBP Agreement by providing a ninety (90) days advance written notice to the other Party.
  16. UNILATERAL TERMINATION RIGHTS OF Company: Company has the unilateral right to terminate this IBP Agreement without providing the applicable notice if Company reasonably believes that the IBP has breached any of the terms of this IBP Agreement or any other arrangement/agreement between the Parties.
  17. IBP RANKING AND ADVANCEMENT:
    1. IBP accepts that the advancement to next ranking or position shall be solely upon meeting the exact requirements set out in this IBP Agreement, Financial Rewards Plan and other understandings as and when entered between the Parties.
    2. IBP understand and acknowledge that the success of Company IBP is not guaranteed but depends on specific IBP’s efforts and other circumstance which might be beyond Company control.
  18. IBP AS INDEPENDENT CONTRACTOR: IBP understands and accepts that it is an independent contractor and no prospects of employment are presented to it by Company. IBP agrees and admits that he/she is responsible for his/her own business and is not an employee of Company, any related party of Company or a supplier of Company under this IBP Agreement or any similar document agreed between the Parties. IBP further understands and agrees that he/she not be treated as an employee for purposes of any national, state or local statute, regulation, determination or other law.
  19. IBP’S AUTHORITY TO REPRESENT COMPANY: IBP understands and agrees that it shall be representing Company to the limited extent expressly provided in this IBP Agreement and it is not authorised and empowered to bind Company in any other way.
  20. PROHIBITION ON USE OF COMPANY SERVICES FOR FUND-RAISING ACTIVITY: No IBP shall use Company Services in conjunction with any type of fund-raising activity unless expressly authorised by Company in writing. Fundraising includes the solicitation for the donation of funds or for the purchase of Company Services based on the representation that all, or some, of the gains, proceeds, donations, bonuses, or profits generated by such sale will benefit a particular group, organisation, or a cause.
  21. IBP MEDIA USE: You agree to permit Company to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Company for any lawful purpose, and without compensation. You agree that subject to Company’ policies and procedures and Privacy Statements, Company may obtain, record, use, hold, transfer, dispose of and otherwise process other Company IBPs, Company Affiliates and third parties, such personal and business information as may be necessary to enable Company to fulfil its obligations under your IBP Contract, or which Company determines is expedient to support its business operations and the management of the Line of Sponsorship.
  22. IBP TO INDEMNIFY COMPANY: IBP agree to indemnify and hold Company, its shareholders, directors, officers and employees harmless from any and all claims, damages and expenses, including any attorney’s fees, arising out of any actions or inactions in violation either of this IBP Agreement, Representation, Duties, Warranties or Covenants or any law or regulation, including industry standards pertaining to activities arising out of this IBP Agreement.
  23. LIMITATION TO BRING CLAIM: Parties agree that any cause of action arising out of or related to use of the Company Website, Services or under this Agreement must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred, except as agreed otherwise by Parties in writing.
  24. RISK DISCLAIMER: The information or any advice provided on the Company Website or any other Company authorised literature is only for general information and education purposes and shall never under no circumstance be interpreted as financial, investment and/or legal advice.
  25. DISCLAIMER AND LIMIT TO LIABILITY OF COMPANY:
    1. You understand and agree that Company provides the Services on ‘as-is’, ‘with all faults’ and ‘as available’ basis. You agree that use of the Company Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company whether express or implied and expressly disclaim any and all representations and warranties as to the;
      1. accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose;
      2. that the Services will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected;
      3. the quality of any services, content, information, data, or other material on the Company Website will meet your expectations or requirements;
      4. any errors in the Company Website will be corrected;
      5. warranties against infringement of any third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
      6. Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third-party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the Company Website or the Services, whether based in contract, tort, strict liability, or other theory, even if Company has been advised of the possibility of damages.
    2. Company, its officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of Services offered by Company, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by Company or the materials on the Company Website. The fact remains true despite the advice given to Company or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not apply to everyone since some jurisdictions do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
    3. In the event any exclusion contained herein be held to be invalid for any reason Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
  26. INTELLECTUAL PROPERTY RIGHTS: Unless otherwise specified, all materials appearing on the Company Website, including the text, site design, logos, graphics, icons, and images, trademarks and other intellectual property assets as well as the selection, assembly and arrangement thereof, are the sole property of Company. You may use the content of Company Website only for this IBP Agreement and for no other purpose. No materials from the Company Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission of the Company. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on Company Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  27. LINKS TO OTHER WEBSITE: The Company Website may contain links or pointers to other sites on the internet that are owned and operated by Third Parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site. When you click on a link within the Company Website, Company may not warn you that you have left the Company Website and are subject to the terms and conditions (including the privacy policies) of another website. Please be careful to read the terms of use and the privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on this IBP Agreement to govern your use of another website. Company is not responsible for the content or practices of any other website even if it links to the Company Website. You acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Company Website.
  28. PRIVACY: Company keep your personal information private and secure. When you purchase from Company Website or subscribe to any service offered by Company, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalise your shopping experience and to fulfil the requirements of the IBP Agreement. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measure listed in Company General Privacy Policy.
  29. COMPANY REFUND POLICY: Company has a Company Refund Policy which forms an integral part of this IBP Agreement. For the updated version of our Refund Policy, please refer to the Website.
  30. COMPANY SUBSCRIPTION CANCELLATION POLICY: Company has a Company Subscription Cancellation Policy which forms an integral part of this IBP Agreement. For the updated version of our Subscription Cancellation Policy, please refer to the Website. If the conditions for the cancellation of subscription have not complied, then Company has the full discretion to charge the subscription amount for the following month.
  31. COMPANY WEBSITE USER CONDUCT: All users of the Company Website shall be eighteen (18) years of age or older and must be eligible to enter into a legally enforceable agreement as per their local jurisdiction laws and regulations. In connection with the use of the Company Website and content, users are not allowed to:
    1. Upload, post, email, or otherwise transmit any:
      1. content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
      2. content that does not give any right to users to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
      3. content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
      4. unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      5. material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
    2. Use the Company Website for any unlawful purpose;
    3. Interfere with or disrupt the services and content of the Company Website,
    4. Intentionally or unintentionally, violate any applicable local, state, national, or international law.
  32. MEDIA CONTACT: The IBP shall not speak, write or interact in any form with print, electronic, social and/or radio platforms/media, without the prior written permission of Company, making false claims or depicting Company in bad light hampering the reputation, goodwill and the trust of Company’ customers and partners in negative sense. If the IBP makes a public statement in any form, whether written or oral, for which the Company did not provide prior written permission then that shall be termed as an immediate breach of these Terms at the option of Company and Company shall have the right to seek compensation including any other available remedy.
  33. FORCE MAJEURE:
    1. Notwithstanding anything to the contrary contained in this Company IBP Agreement, both Parties shall not be required to fulfill their obligations, in whole or in part, to the extent the provision of such obligations becomes impracticable as a result of a cause or causes outside the reasonable control of the Parties (including due to fire, flood, storm, earthquake or other acts of God, riot, war, terrorism, rebellion, or other acts of war or civil unrest, utility outages or interruptions, strike, lockout, any Law, demand or other requirement of any governmental entity, and all other causes outside of Company’ reasonable control), including unfeasible technological requirements, hacks or to the extent the performance of such Services would require the Parties to violate any applicable laws, rules or regulations or would result in the breach of any agreement with any third party.
    2. When affected by any such event, Parties shall
      1. Promptly notify the other side of the occurrence of such an event and describe in reasonable detail the nature of the event, and
      2. Use commercially reasonable efforts to resume performance of its obligations under these Terms as soon as reasonably practical.
  34. GOVERNING LAW OF THE TERMS AND CONDITIONS: The governing law for these Terms shall be the laws of the Jurisdiction as provided in the Terms of Use.
  35. DISPUTE RESOLUTION: Same as provided in the applicable Terms of Use.
  36. JURISDICTION: Same as provided in the applicable Terms of Use.
  37. NO WAIVER: No failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver of it, nor will any single or partial exercise of any right, power or privilege under the same preclude any other or further exercise of it or any other right, power or privilege under the Terms or otherwise.
  38. ENTIRE AGREEMENT: The Company IBP Agreement and below mentioned additional documents/policies along with any additional Company documents constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all the prior agreements and understandings, oral or written, with respect to such issues, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies;
    1. Company Financial Rewards Plan
    2. Terms of Use
    3. Company Refund Policy
    4. Company Cancellation Policy
    5. Company GDPR Privacy Policy
    6. Company Privacy Policy
  39. NON-ASSIGNABILITY: The agreement formed between the Parties by agreeing to the terms of the IBP Agreement and other policies as entered between the Parties is personal. The IBP shall not, without the prior written consent to Company, assign or transfer any right or obligation hereof to a Third Party.
  40. NON-COMPETE: In consideration of the benefits, compensation and bonus provided under the Financial Rewards Plan and this IBP Agreement, the IBP has agreed to be bound by the terms of this Non-Compete Clause.
    1. The IBP has agreed that for the entire duration of this IBP Agreement and one (1) year after termination of this IBP Agreement, the IBP shall not work with the Company Competitors (as listed below) as a distributor or in a similar capacity in the country where they are a legal resident.
      1. Company Competitors;
        1. iMarketsLive
        2. iBuumerang
        3. Kuvera Global
        4. World Venture

          Provided further that, for this Clause (just like the entire IBP Agreement), the substance (nature of actual work done) will be given preference over the form (designation or post held by the IBP in the competing company).
    2. The IBP has also agreed that for the entire duration of this IBP Agreement and one (1) year after termination of this IBP Agreement, the IBP shall also not set up a business that is in competition with Company’ business and industry within the country of which they are a legal resident.
    3. In the event this Clause or a part of this Clause is breached by the IBP then;
      1. There shall be a presumption of irreparable harm.
      2. Company shall have the right to seek all or any of the following remedies;     
        1. Compensation,
        2. Damages,
        3. Injunctive Relief,
        4. Attorney fees and any arbitration or litigation cost, and
        5. Punitive damages
      3. The term of this Clause may be extended to an additional six (6) months at the discretion of Company.
    4. For the purposes of this Clause;
      1. The Company Business shall include;
      2. E-Learning in Foreign Exchange Trading, Blockchain, Network and Affiliate Marketing.
    5. The Company Market shall include;
      1. Information Services
      2. Personal Development and Training Events
  41. NON-SOLICITATION: In consideration of the benefits, compensation and bonus provided under the Financial Rewards Plan and this IBP Agreement, the IBP has agreed to be bound by the terms of this Non-Solicitation Clause.
    1. The IBP agrees that it shall not for a period of one (1) year following the termination of this IBP Agreement shall not solicit by mail, phone, electronic communication, personal meeting, or any other means, either directly or indirectly, business/customer/clients or IBPs of Company who were served by Company or whose name became known to the IBP during your engagement or agreement with Company.
    2. This agreement not to solicit means that IBP shall not, during the course of this IBP Agreement in any capacity, and for a period of one year thereafter, initiate any contact or communication, of any kind whatsoever, for the purpose of inviting, encouraging or requesting any Company customer, client or IBP to transfer from Company to you or to your new company (which is the market or industry competitor of Company), to open a new account or agreement with IBP or with IBP’s new employer, or to otherwise discontinue its patronage and business and commercial relationship with Company.
    3. In the event this Clause or a part of this Clause is breached by the IBP then;
      1. There shall be a presumption of irreparable harm.
    4. Company shall have the right to seek all or any of the following remedies;     
      1. Compensation,
      2. Damages,
      3. Injunctive Relief,
      4. Attorney fees and any arbitration or litigation cost, and
      5. Punitive damages
    5. The term of this Clause may be extended to an additional six (6) months at the discretion of Company.
  42. SEVERABILITY: If any Clause or specific part of a Clause of these Terms or applicable policies is held to be illegal, invalid or unenforceable, that Clause or part of a Clause shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but that shall not affect the legality, validity or enforceability of any other Clause of the Terms.
  43. PREVAILING LANGUAGE: These Terms might be agreed between the Parties in more than one language apart from English. In the event of any dispute, the English version shall be prevailing in all matters related to these Terms between the Parties.
  44. COUNTERPARTS: These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute the same instrument. These Terms may be delivered by email, and email copies of executed signature pages shall be binding as originals.