Business Associate System Cluster (hereinafter referred to as BASC) Terms and Conditions Agreement (User Agreement) between the named Business Associate (hereafter refer to as BA) and TOLKUN GLOBAL CONCEPTS LIMITED. (hereafter refer to as TGCL) effective under the terms and conditions below: Business Associate hereby applies to participate in TOLKUN GLOBAL CONCEPTS LIMITED associate marketing program.
Upon the submission of this application, BA have just 7days to activate his or her account, or the account will be deleted from the system.Immediately TGCL receive BA activation fee, BA is entitled to a free services or products from any of TGCL trade partners. BA is approved to earn referral bonus and also Associate Reward.BA has the rights to sell TGCL partners products and services. TGCL reserves the right to accept or reject any application for any reason.
Upon acceptance as an BA by TGLC, BA is authorized as an Associate of BASC from the day of activation. The Company reserves the right to terminate this Agreement at any time if the Company chooses to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its partner’s products and/or services via associate marketing channels, or at any time upon not less than 7 days’ notice and without further notice if the BA breaches this User Agreement and fails to remedy the breach before the end of the notice period.
BA is an autonomouscontractor under the terms of this agreement, and not an agent, employee, or legal representative of his/ her sponsor or TGCL, and will in no way represent him/herself as such. As such, BA has no power to bind TGCL to any obligation and BAis responsible for all applicable income, sales, social security, unemployment or other tax, license, or fee arising out of BA activities hereunder.
BA will not produce, promote, or use materials of any kind describing TGCL’s names, programs, products, and trademarked, copyrighted, or otherwise protected materials except as permitted in TGCL’s policies.
BA has the duty to supervise and train any BA Members that he/she may sponsor as described in the Policies and Procedures. BA will explain TGCL’s programs honestly and completely when presenting them to others.
BA understands and will make clear in any presentation the following: that earnings comes in multiple style, (Referral bonus and Associate Reward) referral bonus are based on new BA you sponsored and Associate Reward are based on first come first pay in BASC program.
BA agrees that reward is only paid for sales of TGCL trade partners products and services as deﬁned in the Policies and Procedures and in the company’s Rewards Plan.
Any sale or assignment of this agreement must be approved by TGCL. Successors in interest or assigns must comply with all program requirements.
The undersigned hereby acknowledges that he/she is of legal age and authorized to bind the BA to each of the terms set forth herein and to the terms of the Policies & Procedures.
You have the right to cancel your BASC agreement at any time and for any reason.
You are free to participate in other multilevel marketing ventures, but you may not sell or promote to other TGCL BA or Customers similar or competitive products or services or any other multilevel marketing opportunity, except for your direct enrolees in your TGCL business.
TGCL genealogy reports are conﬁdential and proprietary business trade secrets. You may not use the reports for any purpose other than to develop your TGCL business. Speciﬁcally, you must not disclose any information contained in the reports to a third party or use the reports to compete with TGCL or to recruit or solicit other BAs or Customers to participate in other multilevel marketing ventures.
TGCL’s failure to exercise any rights as set forth in this agreement or to insist on your strict compliance with the terms and conditions of this User Agreement and the Policies & Procedures does not constitute a waiver of TGCL’s right to require compliance therewith.
TGCL’s waiver of any BA default does not affect TGCL’s rights with respect to any subsequent default or the rights or obligations of any other BA. Delays or omissions by TGCL in exercising rights which might arise from a Partner’s default do not affect the company’s rights concerning the default or any subsequent default.
TGCL reserves the right to cancel any BA at any time for cause if the BA violates the terms and conditions of this Agreement or the provisions of the Policies & Procedures and Rewards Plan.
You may be required from time to time to provide TGCL with personal information relating to your BASC Agreement. TGCL’s rights to use your personal information and your rights to access and correct the personal information you give TGTL are described in TGCL’s Policies & Procedures. By signing this Agreement, you consent to TGCL’s collection, use, and disclosure of your personal information in accordance with TGTL Policies & Procedures.
By signing this Agreement, you give TGCL consent to contact you by telephone, facsimile transmission, email or text, concerning your BA Agreement, and any related TGCL matter.
BA agrees not to contact or initiate contact at any time or for any purpose, either directly or indirectly, with any ofﬁcers, directors, shareholders, consultants, attorneys, employees, agents or other afﬁliates of TGCL Vendors or Suppliers, unless such approval is speciﬁcally granted in written form by TGTL, which shall be considered on a case-by-case basis. Any communication sent by any BA to TGCL’s Vendors or Suppliers, either directly or indirectly to any ofﬁcers, directors, shareholders, consultants, attorneys, employees, agents or other afﬁliates of TGCL’s Vendors or Suppliers is in direct violation of this BASC Agreement and could result in the termination of your BASC Agreement. This includes any and all verbal and or written communications. From time to time TGCL may invite guest from TGCL’s Vendors or Suppliers to speak on TGCL webinars and conference calls, such guest appearance do not constitute TGCL’s approval for furthered communications with TGCL Vendors or Suppliers. You further agree and understand that the only entity which has an Agreement with TGCL Vendors or Suppliers is TGCL.
To the maximum extent permitted by law, TGCL, its parent or afﬁliated companies, directors, ofﬁcers, shareholders, employees, assigns, and agents (collectively referred to as “afﬁliates”), shall not be liable for, and I release TGCL and it’s afﬁliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release TGCL and it’s afﬁliates from all liability arising from or relating to: (a) my, or any other BA’s, breach of the Agreement; (b) the promotion or operation of a TGCL business by me or any other BA and any activities related to it, including, but not limited to, the presentation of Products/Services or the Company Rewards Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify TGCL and its afﬁliates for any liability, damages, ﬁnes, penalties, or other; (c) any incorrect data or information provided by me or any other BAs to TGCL; (d) my, or any other ISP’s, failure to provide any information or data necessary for GTL to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify TGCL for any liability, damages, ﬁnes, penalties or other awards arising from any unauthorized conduct that I undertake in operating my TGCL business.
The Company grants to me a non-exclusive, royalty free, revocable license to use the intellectual property in TGCL’s name, trademarks (whether registered or unregistered), and other intellectual property rights in any materials or documents pertaining to the subject matter of this Agreement for the purpose of promoting the software products and services and sourcing potential customers. I agree that the Company may impose restrictions on my use of TGCL’s name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation and image of TGCL, provided that such restrictions are applied to all BA’s generally. I also agree to not apply singly or in association with any other party for registration of any intellectual property owned by TGCL capable of registration but not registered and to give all reasonable assistance, at TGCL reasonable cost, to assist TGCL to register any such intellectual property.
If an BA wishes to bring an action against TGCL for any act or omission relating to or arising from the Agreement, such action must be brought within 30 days from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against TGCL for such act or omission. BA waives all claims that any other statutes of limitations apply.