Associate Agreement
The Terms & Conditions That Govern Your Membership. PREAMBLE
The Terms & Conditions which control the operation of a Our Communications Company business are detailed below. When you check the box at the foot of this form, you agree to be bound by these terms which are for the protection of you as an individual Member / Associate Member and of the business as a whole. We recommend that you copy this section and print it out to retain for your records. If there is any part of this that you do not understand, ask the Member / Associate Member who invited you to join to clarify it for you or call Member Services on (1300 763 793) and discuss it with a Member Services officer.
IMPORTANT NOTICE REGARDING COMMUNICATION
(a) Our Communications Company maintains a web site to provide all information as may be needed by a Member / Associate Member.
(b) This will include product & services information, training & guidance tips, changes to commission structure, administration & procedure.
(c) As a condition of your Member / Associate Membership, Our Communications Company Member / Associate Members should regularly visit the web site to keep up to date with all information.
(d) Our Communications Company will attempt to give advance notice of any changes or other information by SMS or e-mail to the address supplied by the Member at the time of application (or as may be advised to Our Communications Company in any subsequent notification).
A. This Agreement
A1. Upon acceptance of this application by Our Communications Company Pty Ltd. (referred to in this Agreement as “Our Communications Company”), you and Our Communications Company jointly agree to the Terms & Conditions in this Agreement.
A2. Words importing the masculine, feminine and neuter gender include the others and vice versa. The following words shall have the meaning set out hereunder: Our Communications Company shall mean Our Communications Company Pty.Ltd (A.C.N. 122 576 532)
SPONSOR shall mean the Member / Associate Member who has introduced another Member / Associate Member on their first generation.
TEAM shall mean the Member / Associate Members introduced directly by you and those persons whom you sponsor.
A3. Our Communications Company reserve the right to alter, amend or otherwise change any of the Terms & Conditions in this agreement.
A4. This Agreement and any amendments which may be issued from time to time constitutes the whole of the Agreement between you and Our Communications Company.
B. Registering as an Member / Associate Member
B1. Our Communications Company Member / Associate Memberships are granted to individuals only.
B2. You must read, understand, complete and check the box at the foot of this Agreement form.
B3. If any of the information you provide as part of this Application is false or misleading in any way, Our Communications Company reserve the right to refuse your Application or terminate your Member / Associate Membership immediately upon learning of misleading or false information.
B4. If your Application is accepted by Our Communications Company, you will be sent a notice of acknowledgment by e-mail and/or standard mail authorising you as an Member / Associate Member of Our Communications Company organisation effective from the time your Application is accepted.
B5. You are then permitted to promote and distribute all Our Communications Company products and services in accordance with Our Communications Company marketing program and as amended from time to time.
B6. Your spouse or partner may join with you as part of this Application. Alternatively, they can become a Member / Associate Member in their own right by completing a separate Application.
B7. You must be introduced by a current Member / Associate Member who, in the opinion of Our Communications Company, is in good standing at the time of the application.
B8. Associates accepted by the Company will receive automatic entry into the Dynamic Rewards loyalty program. This is NOT a condition of an Associate’s registration and you may opt out of the Dynamic Rewards program at any time without penalty except the loss of any points from the Dynamic Rewards program.
C. Consenting to Electronic Record
C1. E-SIGN, the electronic signatures in Global & National Commerce Act(15U.S.C.7001,et.seq.), requires that you consent to entering into an electronic agreement with Our Communications Company before this agreement is entered into.
C2. To enter into this agreement, you must electronically acknowledge that you agree to the Terms & Conditions herein.
C3. Your acknowledgment & consent will apply to all transactions between you and Our Communications Company.
C4. Your may withdraw your consent to the use of electronic records at any time. However, would you do so, your membership will be automatically terminated.
C5. You may withdraw your consent by sending written notice of withdrawal to Our Communications Company at their business address.
D. Persons Under The Age of Eighteen (18)
D1. Persons under 18 years of age are permitted to hold an Member / Associate Membership.
D2. Their Application & Agreement form must be completed by their parent or legal guardian in the section indicated. http://ourcommco.com/u18application.pdf
D3. By completing the parent or legal guardian section, they acknowledge that they accept responsibility for the administration of the minor’s Member / Associate Membership, its compliance with all legal and statutory requirements and for ensuring the payment of all taxes, levies and other costs which may arise from time to time.
E. Your Authority & Limitations
E1. Your acceptance as a Member / Associate Member of Our Communications Company means that you are granted permission to act as a limited agent only for Our Communications Company.
E2. You are only authorised to obtain orders and to assist in the fullfilment of them on behalf of Our Communications Company in respect of such products & services as Our Communications Company may specify and as may be permitted by law and to obtain applications for the appointment of further Member / Associate Members, also as limited agents for Our Communications Company.
E3. Where used in this Agreement, Member / Associate Member is limited to the meaning given to it in this clause.(i) You acknowledge that you are not an employee, legal representative or joint venture partner of Our Communications Company but an independent agent and you will operate your business using your own skill and equipment. (ii) You will bear all costs and expenses incurred in the legal conduct of your business.(iii) You acknowledge that you have no claim over any territory or geographical region and may not imply that you hold such rights when introducing other Member / Associate Members, nor may you infer or claim that you have the right to sell any territory or identifiable geographic region or demographic market.
E4. You do not have any power or authority to represent or bind Our Communications Company on any matter except as set out in the Terms & Conditions of this Member / Associate Member Agreement.
E5. You may not make any statements, claims or representations about Our Communications Company or Our Communications Company’ products (whether manufactured or otherwise provided by Our Communications Company or distributed by Our Communications Company on behalf of others under any agreed distribution arrangement) that are, or may be, false or misleading or not authorised by Our Communications Company in writing.
E6. You are authorised to introduce other Member / Associate Members in accordance with the procedures and practices as advised by Our Communications Company.
E7. You may not make any unauthorised claims or representations about Our Communications Company, its staff and organisation, the Member / Associate Member network, the products, the Our Communications Company compensation program, administrative procedures or income potential save as duly authorized by Our Communications Company.
E8. You will indemnify and keep Our Communications Company indemnified against all actions, proceedings, criminal penalties, liabilities, claims, damages, costs and expenses arising out of or in any way relating to your activities.
E9. That indemnity does not apply to any actions which relate to the inherent quality and fitness of any Our Communications Company product as Our Communications Company agrees to be responsible for those actions.
E10. You will abide by the laws governing the direct selling industry as they apply in the country and legal jurisdiction in which you are working. You must obtain all consents, licenses and approval necessary to enable you to conduct your business and you will comply with the provisions of such State and Federal legislation (including by-laws and local ordinances) as are in force or introduced from time to time in the region in which you operate.
E11. Under the Income Tax Assessment Act, you are required to keep all records of business transactions made in respect of or in relation to your Our Communications Company business.
E12. You will not be entitled to receive payment or reward for introducing new Member / Associate Members or potential Member / Associate Members nor may you imply or state that any other person is entitled to any reward for introducing another person as a Our Communications Company Member / Associate Member.
F. Products Orders, Guarantees & Procedures
F1. All products supplied to a Member / Associate Member will be deemed to have been sold to a retail Customer or end-user within seven (7) days after delivery to the ordering Member / Associate Member.
F2. After that time, the sale will be regarded as completed and all rewards, commissions, bonuses and incentives will be paid upon completed sales.
F3. You acknowledge that the orders you will place with Our Communications Company shall be for the sole purpose of satisfying the requirements of your retail Customers or your reasonable private use.
F4. Our Communications Company will, to the extent that is reasonably possible, deliver the products to the person/organization at the address specified by you as promptly as possible.
F5. You will place all orders through the approved Our Communications Company ordering procedure and, upon acceptance, the Company will send an e-mail confirmation to you and the Customer (if one is involved).
F6. Our Communications Company reserves the right to refuse any order or to seek verification of any order for any reason.
F7. You acknowledge that orders may be placed with Our Communications Company by any Member / Associate Member of your team without prejudice.
F8. Our Communications Company will not be responsible for any losses you may incur as the result of any delay in delivery, no matter the cause. Deliveries and orders may be subject to a handling charge at the discretion of Our Communications Company.
F9. You may return any product to Our Communications Company in accordance with the procedures established by Our Communications Company.
F10. You must honour all returns from Customers in accordance with Our Communications Company product guarantee.
F11. You acknowledge that product returns could affect the level of commissions payable in the week in which the returns were made.
F12. Our Communications Company reserves the right to assess the state of any product return, its saleability and adjust any repayment accordingly.
F13. Our Communications Company also reserves the right to refund monies or replace with product to cover any or all returns.
F14. You agree to pay the return freight on any products returned.
F15. Certain products & services provided by Our Communications Company and on which you may be entitled to a commission may be downloaded from the Our Communications Company or associated web sites.
F16. Upon making such a download, you will not be entitled to a refund or replacement save in the case of a malfunction that prevents the successful download of the product or service.
F17. You acknowledge that all such downloads are for your personal use only and may not be used for any public replay or commercial purpose.
G. Commission & Bonus Payments
G1. Our Communications Company will pay you the commissions and bonuses accordance with the Our Communications Company Compensation Plan.
G2. Our Communications Company retains the right to deduct at any time, any monies owed by you to it from any commissions and bonuses due for payment to you.
G3. You acknowledge that commissions and bonuses are paid to you on completed sales and that the return of the product to Our Communications Company effectively reverses that sale.
G4. You acknowledge that, in order to receive any rewards, commissions & bonuses, you will need to generate a minimum qualification level as indicated by Our Communications Company.
G5. In the event that the relevant qualification level is not achieved in any month, the rewards structure shall compress and commissions paid to the next qualified Member / Associate Member upline from the non-qualifying Member / Associate Member.
G6. You acknowledge Our Communications Company’ right to alter the Compensation Plan and all administrative procedures, incentive programs & policies and practices regarding the conduct of the business.
G7. Our Communications Company undertake to send advice of such changes to you by such means as might be indicated to the address supplied in the original application or as may have been supplied to Our Communications Company subsequently.
H Your Conduct Of The Business
H1. You are not required or obliged to perform any work under this Agreement nor are you excluded from engaging in any other work, whether part-time or full-time and whether a contract of service, provided that it does not bring you into conflict with your obligations under this Agreement including your obligations of confidentiality.
H2. You may not, while you remain a Member, engage in any activity which may have an adverse effect on the commercial activities of or the good name of Our Communications Company.
H3. You must operate your business in a lawful, ethical and moral manner so as not to affect adversely the good name, business activities and income potential of other Our Communications Company Member / Associate Members.
H4. You may not represent that Member / Associate Members need to acquire or subscribe for books, tapes or any instructional or motivational material or to attend seminars, meetings or rallies in order to achieve success at any generation.
H5. You may not approach any other registered Our Communications Company Member / Associate Members and encourage them to change their enrolment from their current line of Membership and join as part of your team.
I Distributor web sites rights & obligations
I1. Upon acceptance of the Agreement by the Company, the Member / Associate Member will receive a replicated web site for use in the conduct of their business.
I2. Member / Associate Members are permitted to advertise through their web site and to direct others to visit it with the intention of selling Our Communications Company products/services or to sponsor as Member / Associate Members.
I3. You may NOT create a separate web site that utilizes any of the Our Communications Company names, logos, grade names or marks or those of its associated companies without the express written permission of Our Communications Company and such permission will not be unreasonably withheld.
I4. You may not use the web site to direct others to a web site that is not related to Our Communications Company.
I5. You may not engage in large scale distribution of your web site through mass distribution by facsimile message (FAX) or e-mail (spamming).
J. Ceasing To Operate Your Membership
J1. You may terminate your Member / Associate Membership at any time by giving seven (7) days notice of termination in writing to Our Communications Company.
J2. Such notification may be made by standard mail, e-mail or facsimile message (FAX) and provide such information to correctly identify you.
J3. On termination of this Agreement, you forfeit your rights to any income under the Compensation Plan as set out in Our Communications Company information or otherwise. Any debt owed to Our Communications Company must be paid in full prior to the termination of the agreement. All monies outstanding greater than 60 days will incur interest at the Australian Bank rate plus 2%
J4. Upon receipt of a notice of termination by Our Communications Company, you will be discharged from all liabilities to Our Communications Company and this Agreement save for:(i) Any liabilities relating to contracts (whether lawfully made or otherwise by you.)(ii) Any liability relating to statements made by you (whether authorised or unauthorised). (iii) Any liability to account for monies received from Customers.
J5. Any breach of your obligations pursuant to these Terms & Conditions or Our Communications Company information (as may be amended from time to time) will give Our Communications Company the right to terminate this Agreement immediately.
J6. Our Communications Company reserves the right to make the final decision on any matter concerning the conduct of any Member / Associate Member which may relate to the fitness of that person remaining a Member / Associate Member.
K. Multiple Memberships
K1. You acknowledge that you may NOT register more than one Membership in the Marketing Plan.
K2. Our Communications Company reserve the right to terminate any other Member / Associate Memberships established by you.
K3. Such termination will not jeopardize your rights & obligations applying to any other approved Member / Associate Membership.
L. Copyright, Confidentiality & Approvals
L1. You acknowledge Our Communications Company’ exclusive rights to all copyright, trademarks (either applied for or granted) and other intellectual property rights in connection with Our Communications Company’ business and will not do anything which may prejudice Our Communications Company’ rights in any manner including registration of similar names or copying Our Communications Company’ literature, manuals or printed materials.
L2. You acknowledge that ALL information and literature supplied to you by Our Communications Company (in any form) is confidential and that its disclosure (other than for the legitimate conduct of the business) will cause irreparable harm to Our Communications Company.
L3. You acknowledge that all material produced by Our Communications Company is the copyright property of Our Communications Company and may not be copied or reproduced in any way without the express written permission of Our Communications Company or as permitted or where indicated on certain items.
L4. You acknowledge that Our Communications Company does not allow the production of any training or promotional material (in any printed or electronic form) for re-sale to any other Member without the express permission of Our Communications Company.
L5. You may not charge for training or any other services rendered to your team.
L6. You may, with prior agreement and advice, make a pro rata charge for reasonable expenses associated with the conduct of training including room hire, audio visual hire costs, refreshments, guest speaker costs, travel expenses and accommodation.
L7. All material is produced for the exclusive use of Our Communications Company Members and, subject to this Agreement and the provisions set out in the Our Communications Company information, may be used to display to Our Communications Company Members or potential Members.
L8. You may not use any other material or produce any other material without the express written permission of Our Communications Company.
L9. All advertisements, promotional items and training material you produce for use in the conduct of your business or for distribution to team Members must be approved by Our Communications Company.
M. Line Of Membership
M1. If your sponsor resigns or terminates their Membership, then the next active and current upline Member will become your direct sponsor.
M2. If you resign or your Membership is terminated, you may apply to rejoin. However, you may not re-enter in your original line of Membership and regain your original team.
M3. Our Communications Company undertakes to send advice of such changes to you by such means as might be indicated.
N. Communication, Validity & Jurisdiction
N1. All notices pursuant to this Agreement which affect your Membership only shall be deemed to be delivered to you on the third business day after which a letter has been forwarded to you by ordinary pre-paid post addressed to the address shown on the Agreement held by Our Communications Company or to some other address as has been advised to Our Communications Company in writing.
N2. If any provision of this Agreement is found to be unenforceable or invalid, the validity of the remaining conditions shall not be affected.
N3. The waiver of any of the Terms & Conditions by Our Communications Company does not constitute a waiver in the case of further breaches of the same Terms & Conditions whether that breach is similar or not.Queensland and you and Our Communications Company agree to submit to the exclusive jurisdiction of the courts of Queensland.
O. Sale & Assignment Of Membership
O1. You may not sell, transfer, assign or otherwise deal with your rights and obligations under this Agreement without the permission of Our Communications Company.
O2. This does not remove your right to dispose of your Membership in any lawful manner provided it is in accordance with Our Communications Company procedures and approved by Our Communications Company at its discretion.
O3. Our Communications Company undertake not to unreasonably withhold such permission.
O4. Our Communications Company reserves the right to assign this Agreement.