Business Owner Terms & Refund Policy
The initial $133 startup fee as well as the recurring direct debit monthly business tool fees are non refundable. However they may be cancelled at any time provided you give us 2 weeks notice, so we can cancel with appropriate third party providers for your services.
The purchase of the initial MWP programs including MWP 1, MWP 2 & MWP 7 each have a 10 day cooling off period and agreement may be cancelled without penalty for 10 days from the date of the electronic signature and submission, this doesn't apply to upgrades.
Business Owner Application, Agreement & Refund Policy
PART I. INDEPENDENT BUSINESS OWNER AGREEMENT SECTION 1 Definitions:
1.1 The Business Owner Agreement ("Agreement") consists of (1) the Independent Business Owner Application, including its Terms and Conditions ("Business Owner Application"); (2) the the company Compliance Guide, A Statement of Policies and Procedures ("Compliance Guide"); (3) the the company Compensation ("Comp Plan"); and (4) subsequent amendments to any of the preceding documents.
1.2 Independent Business Owners, Trained Business Owners and Business Trainers are terms used throughout the Agreement; all are used to identify an authorised reseller of the company products and services; a person bound by this Agreement. Herein all referred to as IBO (Independent Business Owners')
1.3 "Acceptance" shall be deemed to occur when the company first receives an application from a person who has decided to become a IBO.
1.4 "Breach", "Default" and "Violation" mean an actual or alleged transgression or violation of any part of this Agreement.
1.5 "Cancel" or "Cancellation" means the expiration or termination of the Business Owners's Agreement between the IBO and the company; loss of the IBO's business. Cancellation may be either voluntary or involuntary by either the company or a IBO through non-renewal, inactivity or breach of this Agreement.
1.6 The "Definitions" section of the company's Compliance Guide is incorporated as a part of these Terms and Conditions.
1.7 "Downline" or "sales organisation" means the network of Independent Business Trainer's who exist under another Business Trainer pursuant to the Agreement.
1.7.1 "Downline" or any similar reference is only used for simplicity purposes. Business Trainers understand that they do not have any ownership or possessory right, title or interest in any downline individual, entity, organisation or in any materials generated by the company or created by a IBO or any other individual or entity to the extent that it consists, in whole or in part, of any information about the company's downlines or any part of the Agreement, the sole property interest of a Business Trainer with respect to downlines is the contractual right to receive compensations as set forth in the Agreement.
1.8. "Eligibility": IBO's must be of legal age to enter into this agreement in the state or territory in which they reside; no one under 18 years of age may participate/enrol/apply. A person may only have an interest in one Business Ownership with the Company.
1.9 "Materials", "Promotional Materials" or "a Publication" means any publication created or adopted by the company that is made available to IBO's.
2.0 "Start Up Kit", includes a one month subscription to all of the ongoing online business tools service which includes access to the the company business manager system itself, the data base management tools and conferencing calls, and also provides a customised company website; purchase of this kit also includes an automatic recurring subscription to all the subscriptions in the amount of $133AU per month.
SECTION 2. ELIGIBILITY. By submitting your Business Owner Application, you warrant that you meet all of the eligibility requirements as described in section 1, 1.8.
SECTION 3. TERM. The term of this Agreement is from the date of the company's acceptance of the application.
SECTION 4. INDEPENDENT CONTRACTOR STATUS. IBO's shall be an independent contractor and not an employee, agent, partner, or franchisee of the company. the company is not responsible for withholding, and will not withhold or deduct from IBO's retail profit and business profits profit for taxes of any kind.
SECTION 5. START-UP KIT. No person is required to purchase the company products or services to become a IBO. However, to familiarise new Business Owners with the company products, services, sales techniques, sales aids, the purchase of a Business Owner Start- up Kit is required, where permitted by law; this kit is offered 'at cost' to the IBO This kit includes a one month subscription to all the business management tools which includes access to the the company business manager system itself and also provides a replicated company website. By purchasing the start-up kit, you are subscribing to the automatic monthly recurring subscriptions which will be billed to the credit card on file. I authorise the company to debit the c.c. on file each month in the amount of $133AU until cancelled. You may cancel any of these subscriptions at any time; continued subscription to the customised database and conferencing calls is not mandatory nor a condition of this Agreement. However, for IBO'S who wish to order the company Products at wholesale prices the Business Manager Subscription is required. Requests to cancel must be received by the Company in writing.
We need TWO (2) weeks notice to cancel the monthly fee, please this is non-negotiable as we do not provide these software services from our company but rather we pay for these services to 3rd party providers on your behalf and we need to provide them with the same TWO (2) weeks notice for cancellation.
SECTION 6. LEGAL PROVISIONS RELATIVE TO THE AGREEMENT.
6.1 Any promises, representations, offers, or other communications of anyone that precede the effective date of this Agreement and that are not contained in this Agreement are of no legal force and effect as to this Agreement.
6.2 The Agreement may be amended from time-to-time at the sole discretion of the company. Notification of each amendment shall be effective upon publication of that amendment in a the company publication.
SECTION 7. NO RIGHTS TO TRANSFER OR DELEGATE. IBO's do not have any right to transfer or assign any rights or delegate any duties under the Agreement without the prior written consent of the company. Any attempt to transfer or assign the Agreement without the express written consent of the company is totally ineffective and void.
SECTION 8. PUBLICITY RIGHTS. the company is authorised to use IBO's name, photograph, personal story and/or likeness in advertising/ promotional materials while this Agreement is in effect and for the six consecutive months immediately after its cancellation. IBO's authorises and agrees to these Publicity Rights as described herein and waives all claims for remuneration for such use.
SECTION 9. I UNDERSTAND THAT AS A IBO:
9.1 I have the right, but am under no obligation, to purchase and resell the company products and services in accordance with the Agreement.
9.2 I have the right to enrol persons as IBO's of the company products in accordance with the agreement.
9.3 I have an obligation to train and motivate the IBO's in my downline marketing organisation if I elect to become a Business Trainer.
9.4 I have an obligation to comply with all federal, state and local laws, rules, and regulations.
9.5 I have an obligation to perform my obligations as an IBO with honesty and integrity in accordance with the Agreement.
SECTION 10. GOVERNING LAW; RESOLUTION OF DISPUTES:
10.1 The interpretation and enforcement of this agreement is governed by and shall be construed and interpreted in accordance with the laws of Australia, without giving effect to conflicts of law principles.
10.2 Except as provided for in 8, 8.3 of the Compliance Guide, all disputes between the parties that in any way are connected to or that arise out of this Agreement, shall be resolved by arbitration only as is more fully set out in the Policies and Procedures
SECTION 11. MISCELLANEOUS.
11.1 A faxed, digital or scanned e-mail copy of this Agreement shall be treated as an original in all respects.
11.2 I specifically authorise the company to communicate with me by electronic mail (email) for any business related purpose, including formal notices pursuant to the Agreement, at the email address I have entered on my online enrolment application.
By using this website you agree to the Terms and Conditions and the Policies and Procedures as set forth herein. I represent that I have had full opportunity (a) to read the Independent Business Owner Application and Agreement, inclusive of the the company Compensation Plan and the company Compliance Guide, and agree to all Terms and Conditions of these documents set forth as the IBO Agreement, (b) to obtain guidance or advice from my own legal representative, and (c) to communicate with the company Corporate, directly, concerning any comments or questions about my understanding of this Agreement.
SECTION 12: COMPANY OR DIRECTOR DISPUTES WITH IBO's
Decisions by the directors of the company are FINAL.
In any matters, disputes, disagreements or any disruptions caused by IBO's or unacceptable, malicious, underhanded or un-ethical behaviour relating to the actions of business owners (IBO's) or failure on the behalf of an IBO to follow directions or instruction from directors of the company, or any actions that may affect the directors of the company in a negative way or other business owners, the company and/or directors may revoke or suspend access to the business products and/or training and the offending IBO may be banned permanently from our business should this behaviour endure, suspension may also apply to our products and events. This final decision will lie with the directors of the company. Their decisions are FINAL.
Should we cancel your right to our products, training or events no refund will be provided by the company or referring business owners nor will you be able to attend any trainings.
By being an IBO and conducting a business within our framework you waive all rights to legal recourse or litigation against us or other business owners.
So play by the RULES. They are there to protect you.