AGREEMENT BETWEEN BUSINESS ASSOCIATE & INTERNATIONAL MARKETING
CORPORATION HEALTHCARE SDN BHD (1288774 - M) (AJL 932402)
These Terms and conditions are to be read together with the application, company policies and procedures handbook and collectively they constitute a binding agreement between IMC and the Direct seller (Associate/ Business Associate) signing this application.
- Eligibility Criteria and Requirements
1.1 The applicant confirms and undertake that he/she is above the age of 18 years and is not disqualified from contracting by any law.
1.2 Each Business associate will be assigned a unique Associate ID, the associates cannot operate through multiple Associate IDs.The spouse of an Associate will get de facto membership of IMC as co-applicant.
1.3 Applicant must submit the following documents;
- Duly filled application form
- Copy of National Registration Identification Card (NRIC)
- Size of the photograph shall be 3.8 cm x 3.2 cm and shall be without border
- Bank Details
- No Employee-Employer relationship: The Direct seller confirms that he/she/they has/have entered into this agreement as an independent contractor. Nothing in this agreement shall establish either an employment relationship or any other labour relationship between parties or a right for Direct seller to act as a producer, broker, commercial agent, contracting representative or other representative of IMC or its affiliated/ subsidiary company.
- The applicant is entitled to join IMC by filling the Associate Application Form and purchasing a Business Starter Kit worth 50 MYR which includes literature, botanical beverage aloe vera bottle (500 ml) and an Associate ID Card which he/she can download from IMC Application.
- Term: Upon acceptance the direct seller will remain a business associate of the company for a period of 12 months. This Direct selling agreement, shall remain valid and continue to remain in full force unless terminated earlier by either party with or without cause by giving a notice.
- IMC Business Plan Benefit are solely based on efforts put in by the Business Associate in building their IMC business of buying and selling of IMC products. Such benefits will continue to be enjoyed till a Business Associate shows an active engagement. In the event of non-engagement for a continues period of 6 months such benefits will be limited only to earning a retail profit margin however such a Business Associate will not be entitled to build his business team or to enjoy benefits of the efforts of his/her business groups. During the term of this agreement a Business Associate can start to earn all the benefits by actively engaging himself/herself in building IMC business by buying and selling IMC products.
- Cooling off period: Newly joined business associates shall have a cooling off period of 10 Working days to cancel the agreement and receive full refund against the product purchased in this period. Further, the terms and Conditions regarding Cooling Off shall be governed by clause 4.3 of the Code of Ethics of IMC. Company also offer 30 days Product return policy for currently marketable goods sold.
The said written notice shall duly constitute the waiving-off of the cooling-off period of 10 working days and the Business Associate shall be eligible to engage in regular business with IMC in accordance with the provisions of the Code of Ethics.
Rescission Clause: During this cooling-off period, no products shall be delivered to the said Business Associate and no payment shall be accepted by the Company from the said Business Associate unless the Business Associate has given three days written notice after signing the Business Associate Application Form.
The said written notice shall duly constitute the waiving-off of the cooling-off period of 10 working days and the Business Associate shall be eligible to engage in regular business with IMC in accordance with the provisions of the Code of Ethics.
- Activation of the Associate ID:-
7.1 The new Joinees’ are necessarily required to register themselves online on the company’s web portal. An associate shall verify his/her details through a email and Mobile number with the help of an OTP (One Time Password) which will be sent to the email ID and Mobile number which the associate is intended to get registered. Only one registration is possible via one registered email ID and Mobile number
7.2 If the Associate cannot verify his/her Email ID and Mobile number instantly with an OTP then he/she can do so within next 48 hours after filling the online application form, failing which the Associate ID will be terminated automatically. Till the time the business Associate does not verify his/her email ID, he/she cannot sponsor anyone and/or purchase anything from the company.
- Duties & Obligation for Business Associates
8.1 No Associate can introduce/produce or sell any business support material without the consent or approval from IMC. This will amount to infringement of Intellectual property rights of the company.
8.2 IMC through its diverse range of products gives the Business Associates' an opportunity to start business. On becoming the IMC Business Associate the products are available at Discounted Rates which can be sold on Retail Price (but not beyond the RP) and the Business Associate can introduce new people to start their respective businesses.
8.3 The Business associate shall carry/wear the identification cards (ID cards) issued by the company through their respective online Portals and will seek prior appointment with customer for initiation of sale, Direct seller shall identify himself/herself and the company, provide contact details to the customer & would truthfully represent the nature of products in the manner consistent with the claims authorized by the company.
8.4 The business associate shall not use misleading deceptive or unfair trade practices and not misrepresent actual or potential sales/ earning advantages of Direct selling. Direct seller shall not make any false representation/ promise relating to direct selling, earning potential, remuneration system etc.
8.5Commissions or bonuses to business associates are paid solely based on sale of products and no payment will be made only for recruitment of new business associate.
8.6The Business associates shall be guided by provisions of Direct Sales and Anti-Pyramid Scheme Act 1993 and shall comply with the Regulations made thereunder and be responsible for payment of any tax liability on their earning as per all local and municipal laws, ordinance, rules, and regulations, guidelines and shall make all reports and remit all withholdings or other deductions as may be required by any such law.
8.7The Business associate cannot market or sell the IMC products by using any online medium like apps and web-portals, provided that the Business associate shall sell the product only at the price determined for the Business Associate.
- Ethic for business associates
9.1 An Associate is expected to be truthful and accurate in offering IMC Business opportunities or selling IMC Products. He/She should not make false claims about the quality, uses, opportunities, products, earnings and efforts required to build the business.
9.2An Associate in one line of sponsorship must buy all the products either directly from IMC or from its recognized stockist and authorised stockist or from his/her sponsor. No Associate shall engage in Cross-Group Selling.
9.3An associate must not engage in any deceptive or unlawful trade practices as defined by any Central, State or Local law or regulation.
9.4An associate will keep in confidence all trade secrets and agrees not to enter or participate in a competing business activity in any direct selling company.
9.5All the payment towards the purchase of IMC products shall be made to the authorized distributor stockist of IMC, The company will not be responsible for any loss, if the money has been entrusted to somebody else except the authorized dealer/representative/ outlet of IMC.
- Termination of agreement: -
In order to retain the status of business associate, the Direct seller needs to demonstrate his activity by involving itself in sale of the IMC products through his Associate ID, if a person fails to make any sale/purchase for a period of 2 years from the date of contract or the last sales made the contract shall come to an end by giving a notice. IMC may in its absolute discretion immediately suspend and/or terminate the Business Association by notice in writing to the Business Associate in the event that IMC has reasonable grounds to believe that the Business Associate has breached any provision of this agreement, its rules, regulations, policies or procedures as amended from time to time and the company shall not be liable for any incidental or consequential damages caused by its breach, cancellation or suspension of this agreement, whether or not the possibility for such damages is known to IMC.
- Assignment of rights and duties:
This agreement is entered on a personal basis and may not be assigned or transferred by the Business Associate to a third party without the written consent of the company.
- Rejection of application:
IMC may reject any application for any reason, at its discretion, if the application contains incomplete, inaccurate, false or misleading information. Any alteration or modification will be subject to verification.
- Modification by the Company:
IMC expressly reserve the right to alter, modify or amend its rules and regulations which includes but does not limit to product prices, policies and procedures, product availability and compensation plan. If the Business associate do not agree to be bound with the said amendment, then he may terminate this agreement with immediate effect by giving a written notice to the company. His/her continuation as a Business associate constitutes as an affirmative acknowledgement by the business associates to having agreed to such amendment and be bound by the same.
- Dispute Resolution:
All disputes or differences arising out of or in relation to this agreement shall be amicably settled. However, in case of non-settlement of disputes through amicable manner, the laws and regulations of Malaysia shall apply to such disputes.
- Clause of severability
If any provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Limitation of liability
Companies liability whether under agreement or otherwise, arising out of or in connection with this agreement shall not exceed the lesser of a) actual damages or loss accessed by the arbitrator b) the total commission earned by the direct seller during the six months period preceding the date of the dispute.
- Term & Renewal
Upon acceptance of the application, the Associateship shall remain valid for a period of one (1) year unless resigned or terminated hereunder. The renewal fee for continuing as Business Associate is MYR 20.00 in Malaysia. The renewal fee is non-refundable. An Associateship may be renewed at the discretion of IMC provided that the Business Associate is not in violation or breach of the Code of Ethics. To be eligible for renewal, a Business Associate must submit a notice to IMC annually requesting that the Associateship be duly renewed. If the same is accepted by IMC, any extension of the term of the said Business Associate and scope of the Code of Ethics shall be effective from the date of extension and concluding 12 months thereafter. Without limiting IMC’s discretion to deny extension of the term of a Business Associate, the following shall automatically disqualify a Business Associate from extension of his/her Associateship. The Business Associate was operating in a manner that was contrary to the interests of IMC; or The Business Associate did not comply with or is in breach of the Associateship within the 12 months preceding the period for which extension is sought; or If the Business Associate fails to meet the requirements of the Business Associate as stated under clause 2.2 of Code of Ethics.
- For Personal Data Protection Norms
I have read the Terms and Conditions of this Associate Application Form and hereby give my consent to receive commercial electronic information and promotional offers from IMC in accordance with the provisions of the Personal Data Protection Act 2010.
If you have any enquiries about the Personal Data Protection Norms being complied by IMC, if you would like to update information IMC has about you, or if you wish to exercise your data protection rights in accordance with the provisions of the Personal Data Protection Act 2010, you may contact IMC at the below mentioned email address: info@imcbusiness.my
