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SETAIA INC. AFFINITY MEMBER AGREEMENT*
I understand that there is no requirement beyond the completion of this
application and no purchase of collateral, sales or training materials are
required to become an Independent Affinity Member. My advancement to higher
levels in the Setaia Compensation Plan is based upon the acquisition of customer
points and retail telecommunications usage. I understand that if I choose
to sponsor or enroll others to participate in Setaia Compensation Plan, I
will not receive any compensation whatsoever for the act of sponsoring or
recruiting, and that I will be compensated based upon the activities of other
Affinity Members only to the extent of the sales made by them to end customers.
Ihereby apply to become an Affinity Member for Setaia, Inc. (hereinafter "Company")
marketing program.
As a
Setaia Affinity Member, I understand and agree that:
1. I
am of legal age in the province in which I enter this agreement.
2. I
shall become an Independent Affinity Member upon acceptance of this application
by the Company. As an Affinity Member, I shall have the right to sell
the services and products offered by the Company in accordance with all Setaia
Inc. documents, which include but are not limited to, the Setaia Inc. Policies
and Procedures document, Setaia Inc, Affinity Member Agreement, Setaia Inc.
Privacy Policy, and any other official Setaia Inc. documents.
3. Upon
notification to Affinity Members, the Company, at its discretion, may amend
any Setaia Inc. documents.
4. I
have carefully reviewed all Setaia Inc. documents and acknowledge that they
are incorporated as part of this agreement in their present form and as modified
from
time to time by the Company.
5. By
and between Setaia Inc., its parents, subsidiaries and affiliates (collectively "Setaia
Inc."), I consent to the collection, use, disclosure and transfer of
my personal information as set out below:
(a) For the purposes of processing
my application to become an Affinity Member and administering my participation
in the Setaia Inc. Compensation Plan, including but not limited to, the
calculation of my compensation and commissions, the communication of information
pertinent to Setaia Inc. products or management, and any administrative
or other purposes relevant to my participation as a Affinity Member.
(b) Where applicable, I also
consent to having my name, my occupation, position at Setaia Inc. (ranking),
city of residence, published on the Setaia Inc. website, or any other marketing
or promotional materials for the purposes of reporting my accomplishments.
(c) My personal information
related to my participation in the Setaia Inc. Compensation Plan will be
maintained electronically, and will be available to Setaia Inc. employees
or agents involved in the administration and operation of the Setaia Inc.
Compensation Plan who require such access and use for the performance of
their duties or responsibilities.
(d) I understand that I have
a right to access and rectify my personal information contained in my electronic
file held that may be obsolete, incomplete or incorrect by writing Setaia
Inc., Attention: Privacy Officer at 420 Passmore Avenue, Toronto, ON, M1V
5B1 or by email at info@my-comm-card.com.
6. Unless
subject to earlier termination in accordance with the terms hereof, the initial
term of the agreement is one year. Company Affinity Members, who wish to
continue as Affinity Members, must apply to renew their Affinity Member agreement
annually. The Company reserves the right to accept or reject your application
for renewal and the renewal shall be deemed accepted if it has not been rejected
in writing by the Company within 30 days of receipt of the renewal fee and
application. The renewal fee is for ongoing sales and marketing materials
support in both written and electronic and online media formats, including
product and service and training updates, website development, and maintenance
and hosting, and accounting and technical support of management of your marketing
sales activity, and management of both your business and sales force management.
7. A
Affinity Member shall be entitled to cancel participation in the marketing
program at any time and for any reason upon notice to the Company. Upon
his/her notification of cancellation or termination, the sponsoring Affinity
Member or the Company will repurchase the at cost sales kit materials in
accordance with its policies as stated in the Company's marketing program
and statement of policy.
8. Upon
acceptance of this application by the Company, I further agree that I am
not an employee of Setaia Inc. and shall not be entitled to receive from
Setaia Inc. any benefits whatsoever and Setaia Inc. shall not be required
to make contributions for Employment Insurance, Canada Pension, Workers Compensation
and other similar levies in respect of payments to be made to me as an Affinity
Member. I shall be fully responsible for paying all applicable federal and
provincial withholding taxes, source deductions, taxes, Employment Insurance
premiums, Canada Pension Plan contributions, Workers Compensation contributions
or provincial employee health tax contributions and other premiums, license,
requirements and fees relating to my activities as a Affinity Member.
9. I will not use the Company's
trade name and/or trademark except in the advertising provided to me by the
Company or in other advertising without prior written approval by the Company.
10. I acknowledge that Setaia Inc. is not
otherwise affiliated with or authorized on behalf of any telecommunications
carrier company with whom it transacts or contracts business and that my
Affinity Member relationship is with Setaia Inc. and not with any telecommunications
carrier company with whom Setaia Inc. transacts or conducts business.
11. In the process of selling or otherwise
promoting Setaia Inc. service or telecommunications products or services
of the various carrier companies, I agree that I, as a Affinity Member, will
operate in a lawful, ethical and moral manner and I agree to make no false
or misleading statements regarding the various relationships between Setaia
Inc., the carriers with whom Setaia Inc. transacts or contracts business
or me and the telecommunications products and services.
12. I agree to keep accurate records
and to avoid any misleading, deceptive or unethical practices. I further
agree to abide by all Federal, Provincial and local laws and regulations
governing the sales contemplated under this Agreement and the Setaia Inc.
documents. For greater clarity, I agree to comply with federal and provincial
privacy laws respecting the privacy of my customers, and will only collect,
use, disclose and transfer their personal information with their informed
consent, only for the purposes for which they have consented, and always
in compliance with applicable legislation.
13. Any
Affinity Member, who sponsors other Affinity Members, must fulfill the obligation
of performing a bona fide supervisory, distribution and sales function in
the sale or delivery of product to the ultimate consumer and in the training
of those sponsored. Affinity Members must have ongoing contact, communication
and management supervision with his/her sales organization. Examples
of such supervision may include, but are not limited to: newsletters,
written correspondence, personal meetings, telephone contact, voice mail,
electronic mail, training sessions, accompanying individuals to Company training
sessions and sharing genealogy information with those sponsored. Affinity
Members should be able to provide evidence to the Company semiannually of
ongoing fulfillment of sponsor responsibilities. If an Affinity Member
is an Enroller in the marketing program entitled to Enroller bonuses, then
the Enroller is obligated to the same responsibilities of supervisory, communication
and training activities with respect to Affinity Members he/she has enrolled,
irrespective of whether the Enroller is also the Sponsor of those Affinity
Members.
14. The
company's program is built upon retail sales to the ultimate consumer. The
company also recognizes that Affinity Members may wish to purchase product
or service in reasonable amounts for their own personal or family use. For
this reason, a retail sale for bonus purposes shall include sales to non participants,
as well as sales to Affinity Member for personal or family use which are not
made for purposes of qualification or advancement. It is company policy,
however, to strictly prohibit the purchase of product in unreasonable amounts
solely for the purpose of qualifying for bonuses or advancement in the marketing
program. Affinity Members may not inventory load nor encourage others
in the program to load up on inventory. Affinity Members must fulfill
published personal and downline retail sales requirements, including requisite
retail sales to non participants, as well as supervisory responsibilities,
to qualify for bonuses, overrides or advancements.
15. The
Affinity Member acknowledges that a Affinity Member is a wholly independent
marketing representative who establishes and services retail customers for
Company products as an independent contractor. The position of Affinity Member
does not constitute either a sale of a franchise or a distributorship, and
absolutely no fees have been or will be required from the Affinity Member
for the right to distribute the Company's products pursuant to this agreement
other than the 'at cost' Setaia Sales kit for $100 and annual renewal
fee of $100. This agreement is not intended and shall not be construed
to create a relationship of employer employee, agency, partnership, or joint
venture between any Marketing Consultant, sponsor and/or the Company.
As
an independent contractor, the Affinity Member shall:
A. Abide
by any and all federal, provincial, municipal and local laws, rules and
regulations pertaining to this agreement and/or the acquisition, receipt,
holding, selling, distributing or advertising of Company products.
B. At
the Affinity Member’s own expense, make, execute or file all such
reports and obtain such licenses as are required by law or public authority
with respect to this agreement and/or the receipt, holding, selling, distributing
or advertising of Company products.
C. Be
solely responsible for declaration and payment of all local, provincial
and federal taxes as may accrue because of the Affinity Member's activities
in connection with this agreement.
16. No
purchase or investment is necessary to become a Company Affinity Member other
than the purchase of the sales kit which is sold "at Company cost."
17. Prior
written approval from the Company is required for the following:
A. To
advertise Company products;
B. For
there to be more than one Affinity Member in an immediate family in one
household;
C. Issuance
of a position in a Company or corporate name.
18. The
Company may immediately terminate a Affinity Member who discredits the Company's
name, violates any requirement contained in this Agreement, Company Policy
and Procedures, or training manuals or misrepresents the Company's products
or business opportunity by making claims contrary to the Company's product
literature and labels.
19. Neither Setaia Inc. nor any telecommunications
/supplier/service provider companies with whom Setaia Inc. transacts or contracts
business shall be liable under any circumstances for any damage or loss of
any kind, including indirect, special, punitive, compensatory, or consequential
damages, losses or profits which may result from any cause, including but
not limited to, breach of warranty, delay, act, error or omission of Setaia
Inc. or any carrier/supplier/service provider(s), or in the event of discontinuation
or modification of a product or service by Setaia Inc, or its carrier/supplier/service
provider(s). I understand that the obligations of Setaia Inc. and/or its
carrier/supplier/service provider(s) are limited to the performance of best
efforts to process customer orders for acceptance and approval of requested
services.
20. I understand that no governmental
or other authorities ever review, endorse or otherwise approve any product
membership, compensation program of any marketing company.
21. I acknowledge that Setaia Inc. may transact
business as a Reseller or Marketing Agent with various telecommunications
carriers in order to provide telecommunications products and services to
Setaia Inc. end customers. The rate for these products and services shall
be established by Setaia Inc. or its carriers and from time to time shall
be subject to change without prior notice.
22. The sales kit shall constitute training
to Affinity Member in the event that the Affinity Member is unable to receive
training. I acknowledge that purchasing training is entirely optional. If
I decide not to purchase training, this in no way affects my eligibility
for commissions.
23. Setaia Inc. shall periodically
make various sales literature, promotion materials, training and other products
or services available. I, however, am under no obligation to purchase any
quantities of those materials or services at any time. Rather, I will have
the option to order and purchase any materials or services, which I may choose.
24. Affinity Members are not required to
purchase any products or services that Setaia Inc. markets. If, however,
I elect to purchase any products or services marketed by Setaia Inc., I agree
to pay for such products or services in a timely manner as prescribed by
Setaia Inc. or its carrier/supplier/service provider. If I fail to pay for
any products or services so elected within thirty (30) days of the date payment
is due, Setaia Inc. has the right to terminate this Agreement and apply any
compensation otherwise due to me to the complete satisfaction of any unpaid
balance for such products or services or against any indebtedness owed to
me by Setaia Inc.
25. I acknowledge that I have the right
to sign up as many personal customers as I wish. For each personal customer
signed, I will receive a commission each month from my personal customers'
telecommunications usage payments and from my network of Affinity Members
in accordance with the currently valid Setaia Inc. Compensation Plan. Setaia
Inc. reserves the right to vary or change eligibility as set out in the compensation
plan. Any other payments I receive will be based upon fulfilling certain
terms of qualification as set forth by the Setaia Inc. Compensation Plan.
I agree that as a Setaia Inc. Affinity Member, I shall place primary emphasis
upon the sale of telecommunications services to customers that are not existing
Affinity Members as a condition of my receipt of commissions. Under certain
circumstances, commission rates may be adjusted for promotional products
or negotiated pricing. I agree that any payments made to me by Setaia Inc.
in cheque form that remain uncashed by me after six (6) months from the date
on the cheque are forfeited by me and thereafter are the property of Setaia
Inc.
26. I
acknowledge that as a Affinity Member, I am not guaranteed any income nor
am I assured any profit or success, and I certify that no claims of guaranteed
profit or representations of expected earnings that might result from my
efforts as a Affinity Member have been made by Setaia Inc. or my sponsor.
In this connection, I shall not represent directly or indirectly that any
person may, can or will earn any stated gross or net amount nor that sponsorship
of other Affinity Members is easy to secure or retain or that substantially
all Affinity Members will succeed.
27. Affinity Members have an obligation
to inform new Affinity Members that the only requirement to become a Affinity
Member is the purchase of the "at cost" sales kit.
28. I
agree to indemnify and hold Setaia Inc., its shareholders, directors, officers
and employees harmless from any and all claims, damages, and expenses, including
any legal fees, arising out of my actions or conduct in violation of this
Agreement. This provision shall not constrict Setaia Inc. from seeking preliminary
or permanent injunctive relief in any court of competent jurisdiction. I
understand that I have a right to access and rectify my personal information
contained in my file held that may be obsolete, incomplete or incorrect by
writing Setaia Inc., Attention: Privacy Officer at the address listed in
section 5 (d),or by email at info@my-comm-card.com.
29. The
agreement constitutes the entire agreement between the Affinity Member and
Company and no other additional promises, representations, guaranties or
agreements of any kind shall be valid unless in writing.
30. This
agreement shall be governed by and construed in accordance with the laws
of the Province of Ontario and federal laws of Canada applicable therein
(excluding any conflict of laws rules or principles that might refer such
construction to the laws of another jurisdiction). Any dispute brought in
connection with this Agreement shall be brought in the courts of Ontario,
Canada.
31. I acknowledge that I have read, understand
and agree to the terms set forth in this agreement.
32. This agreement is not in force until
accepted by the Company.
my-comm-card
420 Passmore Avenue,
Toronto, Ontario M1V 5B1
Tel: 416-609-8980
Toll Free Tel: 1-866-909-6624
Toll Free Fax: 1-866-909-6625
Email: info@my-comm-card.com |
