These Terms and Conditions (‘these Terms”) govern your use of our Services and Products available through the website www.magnumlife.org including all pages and features within the website (“the Website”) as well as blog and those certain products and services provided on, through or in relation to the Website.
These Terms are a legal agreement between you (referred to herein as "you" or "your"), on the one side, and Magnum Life (“we”, “us”, “Company”), on the other side.
You and we are sometimes referred to herein each as a "Party" and together as the "Parties."
Please read these Terms carefully before accessing or using the Website. Remember that when you create, register or log into an account through the Website you are automatically accepting and agreeing to the most-recent version of these Terms and additional terms, conditions and policies referenced herein on the Website.
If you do not accept and agree to these Terms in their entirety, then we ask you to stop visiting, accessing, registering with and/or using the Website.
Company may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Website, or sent to the you by e-mail, as applicable and your continuing visit, access, registration with or use of the Website reaffirms your acceptance and agreement in each instance.
It is your responsibility to carefully review these Terms each time you visit, access, register with or use the Website.
We have designed our Products and Services for majors only. If you are the person under 18 or another age, defined in your state or country as the age of maturity, please, do not use, visit, access, register on our Website. We do not bear any liability concerning the consequences of the usage of our platforms by minors.
You agree to comply with all applicable laws for visiting, accessing, registering with and using the Website and for purchasing any Products or Services through the Website, and you may only use them for lawful purposes.
We provide access to various educatuional courses in the field of business, leadership and personal development and other educational products as the case may be through our Website. However, we also may offer, sell, market or provide some other products and services through our platform, as we deem necessary.
Our third-party payment processing vendor may facilitate the transaction as an intermediary (ies) through the provision or operation of the online technological platform or online payment processing application.
To make your usage of the Website more convenient, Company provides you with the opportunity to create an Account. Registering an Account on the Website is necessary, if you want to make an order and purchase our Products and Services. Also by registering an Account you automatically will be registered to our Affiliate program and agree to our Affiliate Terms [URL], provided however you’re not obliged to promote our Services and take part in Affiliate Program.
By creating your Account, you give us some of your privacy data, such as: your email, payment information and other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy [URL] and Cookie Policy [URL].
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account.
You may also contact us through your Account or by email that you provided at the point of registration by writing an email to our support team, or on our social media platforms. You may also delete your Account at any time by contacting our support team at support@magnumlife.org.
You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. You acknowledge that any person with access to your username and password may be able to access your user account. You accept all risks of unauthorized use of your user account and hereby release Company from any liability in connection with any such unauthorized access. You will promptly notify us if you discover or otherwise suspect any security breaches related to the Service, including any unauthorized use or disclosure of a username or password.
We provide subscription to some of our Products, Services and packages like Booster Package, Associate Package, Executive Package, Advance Package, Professional Package, as specified on our Website and as may be amended by us from time to time.Accordingly, you understand and acknowledge that, Company will charge you a subscription fee according our Billing Policy [URL] in exchange for your right to have access and use our products in accordance with these Terms (“the Subscription Fee(s)”). At the start of each subscription period, we will charge the Subscription Fee to your credit card or debit card on file with Company. The Company will not automatically charge your account, unti you initiate a payment. For the details, please refer to our Billing Policy [URL]. The payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Website; and you will receive a receipt through your email.
You may cancel your subscription at any time by contacting our support team at support@magnumlife.org
The amount of each Subscription Fee will be set by us according to the subscription plan you choose. Information about Company`s current Subscription Fee rate amounts is available at our Website landing page. By accepting the terms and conditions of these Terms, you understand and acknowledge that we reserve the right, to change Subscription Fee rates at any time at our sole discretion upon prior notice to you. Please refer to our Billing Policy [URL] for the detailes information about payment process and refund conditions.
The Website and all its contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Website for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website or in the contents.
In consideration for your agreement to the Terms and purchasing the subscription, the Company grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable, freely-revocable license to access and use the Website, and content for the purpose as Company intends for end users.
Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Website, or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited.
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms or any applicable law, or any other purpose not reasonably intended by the Company.
Additionally, you agree that you will not in whole or in part:
Without limiting the foregoing, You shall at all times comply with these Terms and Policies, as may be amended at the sole discretion of the Company, and furthermore may not use the Website to: (a) send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third party's privacy rights.
Company may suspend or terminate the function or existence of all or any part of the Website, and/or your Account at any time, and without notice or recourse, as Company deems advisable in its sole discretion. We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Website and Products and Services, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name Magnum Life or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Website or otherwise (“Intellectual Property”).
Except as specified herein, you do not acquire any rights, express or implied, in the Website, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Website, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to these Terms. No rights or permissions granted to you under these Terms are coupled with an interest. Nothing contained in these Terms shall be construed as a waiver or limitation of Company`s or its licensors respective rights and remedies under applicable law.
The Company takes reasonable steps to protect the information provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Website you agree to be bound by that policy.
However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet.
You hereby expressly consent to sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Company deems appropriate in its sole discretion, whether through the Website, through other platforms provided by us, by personal communication, by e-mail, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service aka SMS, and multimedia messaging service aka MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Company products or services.
You may opt-out of receiving any e-mails as described in section 10.1. above any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You may also opt-out of receiving certain e-mails by managing your electronic communication preferences through your personal mail account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, Company`s products or services, and/or your ability to receive certain messages and/or notifications from Company.
You may opt-out of receiving any text messages (e.g., short message service aka SMS, and multimedia messaging service aka MMS) at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, Company`s products or services, and/or your ability to receive certain messages and/or notifications from Company.
You may opt-out of receiving any communications above at any time by providing Company with an e-mail to support@magnumlife.org with a subject line of "Opt-Out of Communications," a list in the body of the e-mail that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the e-mail that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Website, Company products or services, and/or your ability to receive certain messages and/or notifications from Company.
You represent, warrant and covenant to Company that:
Your visit, access, registration with or use of the Website in any way is done at your own risk. The Website, the success or performance of the Website or and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Website are provided to you on an "as is," "where is," "as available," and "with all faults" basis. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Website, the success, performance, functionality, reliability or safety of the Website or any such information, communications, content, features, products or services.
Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Website, the success, performance, functionality, reliability or safety of the Website and any such information, communications, content, features, products and services.
In no event shall the Company be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this website and/or the information or content posted on this Website, regardless of whether the Company has been advised as to the possibility of such damages.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through the Website.
Company reserves the right, with or without prior notice to you, to do any one or more of the following:
The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services, so some or all of the exclusions or limitations in this provision may not apply to you. This disclaimer constitutes an essential part of these terms. The above disclaimers shall survive the termination of these Terms or your right to use this Website.
In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Website; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Website or made or provided during the course of your visit, access, registration with or use of the Website; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Website or made or provided during the course of your visit, access, registration with or use of the Website; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Website.
The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages, some or all of the exclusions or limitations in this provision may not apply to you. In such jurisdictions the Company liability shall be limited to the maximum extent permitted by the applicable law.
The above limitation of liability shall survive the termination of these Terms or your right to use this Website.
If you fail to comply with any terms or conditions (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your Account information and settings and any unauthorized access or use of your Account), and agree to indemnify, release and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from your violation of any term of these Terms, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content; and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.
This provision shall survive the termination of these Terms and remain in full force and effect.
The disclaimers and limitations set forth in the sections above are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
These Terms shall continue and remain in effect until it is terminated in accordance with the terms and conditions of these Terms. Company may terminate these Terms at any time, for any or no reason, and without notice to you (including, without limitation, if Company believes that you have violated or acted inconsistently with any term or condition of these Terms).
You may terminate these Terms at any time and for any or no reason by deleting cancelling your account subscription with Company. If these Terms is terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Company, and the following shall survive in perpetuity: all defined terms under these Terms; all rights and privileges under these Terms which were granted to and/or accrued in favor of Company and/or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of these Terms termination; all payments which accrued as of the date of termination; all disclaimers, limitations of liability and limitations of remedies; all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.
These Terms and the legal relationship between the parties arising in connection herewith shall be governed by and construed in accordance with the laws of England and Wales without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.
The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of these Terms. For any dispute, you have with Company, you agree to first contact us at compliance@magnumlife.org and attempt to resolve the dispute informally.
Any dispute that can not be resolved by the aboved way shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically:
Any disputes between the Company and its clients, related to and in relation to these Terms and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of the London Court of International Arbitration.
In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the English Courts., for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient.
These Terms, together with those additional terms, conditions, and policies referenced herein, constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersede any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
If any provision of these Terms is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining provisions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.
The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Company reserves the right to update, change or modify these Terms from time to time at its sole discretion without any prior notice. If you do not agree with the terms and conditions of these Terms or any subsequent modifications to these Terms, do not use or access (or continue to access) Services or Products.
Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word including means including but not limited to.
Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company.
The Company may provide notifications to you via email notice, or through posting of such notice on the Website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms.
The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Please direct any questions you may have about the Website or these Terms to the following:
By e-mail: support@magnumlife.org
Company does not provide any guaranteed response time but will make a good faith effort to answer questions within five (5) business days.
These Independent Distributor Program Terms (“these Terms”, or “Agreement”) shall govern relationship between each Independent Distributor and when the context so admit joint-affiliates and the Company as defined below.
These Terms are a legal Independent Distributor Agreement between you (referred to herein as “Independent Distributor”, "you" or "your"), on one side, and Magnum Life on the other side. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term “you” or “your” shall refer to such entity and its affiliates. If you don’t have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not participate in Independent Distributor Program on behalf of such entity.
You and we are sometimes referred to herein each as a "Party" and together as the "Parties."
Please read these Terms carefully before accessing or using the website www.magnumlife.org including all pages and features within the website (“the Website”) as registered user. Remember that when you create, register or log into an account through the Website you are automatically accepting and agreeing to the most-recent version of these Terms and additional terms, conditions and policies referenced herein on the Website. Any and all online forms and other Company’s official documents, placed on the Website constitute an integral part of these Terms. The Company’s reward plans and the requirements contained therein are also explicitly part of these Terms.
If you do not accept and agree to these Terms in their entirety, then we ask you to stop visiting, accessing, registering with and/or using the Website.
Company may supplement, amend or otherwise modify these Terms or reward plans at any time as specified below. Such modifications will be posted on this or a similar page of the Website, or sent to you by e-mail, as applicable and your continuing visit, access, registration with or use of the Website reaffirms your acceptance and agreement in each instance.
It is your responsibility to carefully review these Terms each time you visit, access, register with or use the Website.
When you subscribe for Company Products or Services you become automatically registered to our Independent Distributor Program and agree to these Terms. You’re not obliged to market and promote our Products and Services, but if you wish to do so, you shall comply with these Terms and our relationships will be regulated by these Terms.
To be an Independent Distributor you must have reached the age of 18 years or the other age of mature in your country and be legally entitled to work in the country in which you are enrolled as an Independent Distributor.
An Independent Distributor will be allocated an Independent Distributor ID Number. This number will be recorded on the Company computer system together with the Independent Distributor’s personal details. Independent Distributors may not have an ownership interest in or management control of more than one Independent Distributor account, whether direct or indirect or whether as an individual or joint member.
The Company is a network – marketing company, providing to its users and members, educational courses and related additional products and services.
The Company grants to Independent Distributor under these Terms the non-exclusive right and privilege to purchase, promote and market the Products and Services as defined in Terms & Conditions of the Website.
Independent Distributor may receive a bonus for his/her marketing activity as further described below. The bonus and the manner in which it will be paid will be based on the rewards plan in force at that time.
In order to participate in Independent Distributor Program Independent Distributors shall comply with these Terms and other documents on the Website. Independent Distributors are entitled to receive Company marketing materials and other communications, to participate in service, training, motivational, incentive competitions and recognition functions (subject to qualification and applicable charges) and to participate in promotional and other Company programs.
The Parties each acknowledge that there is no annual minimum financial commitment for Independent Distributor to participate in the Independent Distributor Program and reward plan and there are no financial or purchase requirements to become Independent Distributor or to enter, maintain, or advance in the reward plan.
The Company would like to point out expressly that Independent Distributor’s success depends entirely on their personal commitment, abilities, and effort. Furthermore, the Company does not guarantee or warrant any specific level of remuneration or other income from the mere participation in Independent Distributor Program and also does not provide a package of services that would result in such guaranteed remuneration.
Independent Distributors are independent contractors responsible for their own business and are not employees, partners, agents, sales representatives, brokers, franchisees or joint ventures of or with the Company. Independent Distributors shall have no legal right or authority to bind the Company to any obligation or to make representations or warranties on behalf of the Company.
Any verbal or written statements made by Independent Distributor, as an independent contractor, with regard to the Products and Services must be based strictly on the written information issued by the Company, for example, on the current Company website and sales promotion literature. Independent Distributor is liable for all statements he/she may make which deviate from the aforementioned and shall indemnify the Company from any loss, damages, claims, costs (including legal fees or court costs) or fines arising from unauthorized representations made by Independent Distributor, or otherwise not complying with these Terms.
Independent Distributor has the right to and is encouraged to determine his/her own hours of work, sales methods and sales operation provided they comply with these Terms, applicable laws and regulations. There are no requirements as to revenues, sales, minimum deliveries, etc. Independent Distributors are not subject to any instructions from the Company, with the exception of their contractual obligations, and they bear the full entrepreneurial risks of their business activity, including the obligation to pay all expenses (if any) incurred in the running of his/her business.
Independent Distributor agrees to give a true and fair description of the Products and Services in all discussions with customers, fellow independent distributors and potential independent distributors.
Independent Distributor shall neither mis-state nor omit any essential details regarding the reward plan or abuse or improperly manipulate the reward plan. In discussions with potential independent distributors Independent Distributor shall not make any unrepresentative or exaggerated representations as to potential income to be realized by prospective Independent Distributors when presenting the business opportunity or the reward plan.
Independent Distributor shall not make claims for the Products other than those found in information contained in current Company literature, Company websites or on packaging labels.
Independent Distributor must not disparage other Independent Distributors, the Products, the reward plan, Company employees or officers.
It is the responsibility of the Independent Distributor to ensure that he/she complies with his/her obligations under applicable consumer protection legislation in respect of the marketing of Products or Services to consumers.
Independent Distributor is allowed to only work with the official Company advertising materials. Independent Distributor may use, produce or disseminate its own sales documents, websites, product brochures, promotion videos, or other self-generated online or offline media and advertising materials only upon Company’s prior written approval, whose approval may be withheld at its sole discretion and in compliance with current legislation.
Media opportunities are not individual sales opportunities. All media opportunities must be referred to Company’s relevant department. Independent Distributor must not have any contact with the media unless prior written authorization from the Company is received.
Independent Distributor may not re-label, repackage, or modify Company’s packaged or virtual training materials in any way.
No endorsements by a Company officer or administrator or third parties may be asserted, except as expressly communicated in Company’s literature and communications. Independent Distributor may not represent or imply, directly or indirectly, that the Company programs, products or services have been approved or endorsed by any governmental agency.
Independent Distributors may not record or reproduce materials or content from any Company corporate function event or speech without the express written permission of the Company. Independent Distributors may not record or reproduce or copy any presentation or speech by any Company spokesperson, representative, speaker, officer, director or other Independent Distributors without the prior written approval of the Company and the speaker.
Independent Distributors must not use the names of any individuals or companies connected with the Company in any advertising and/or promotional materials of any kind without the express written permission of the Company. All publicity material originated by Independent Distributors or replies to enquiries from newspapers, magazines or any other print media must be submitted to the Company for approval prior to publication. Please allow 5 business days for approval.
Independent Distributor may not produce, sell or distribute literature, films, audio recordings or video recordings which are deceptively similar in nature to those produced, published, and provided by the Company for its independent distributors.
In the course of their business activities, Independent Distributors are not authorized to make negative, disparaging or otherwise unlawful comments or assessments about competing or other third-party companies, brands, logos or other trademarks.
Independent Distributor may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or bring Independent Distributor or Company into disrepute.
Independent Distributors are not allowed to respond to press enquiries concerning the Company, its services, its reward plan, or any other matter related to the Company, its activity and other services. Independent Distributor is obliged to immediately forward all press enquiries to the Company.
Independent Distributor will notify the Company of the location, time and content of promotional events designed to appeal to the general public in advance of issuing invitations to such events. The Company may at its sole discretion require changes or even the cancellation of such events.
Inquiries or complaints of any kind concerning the goods, service, or the compensation system are to be forwarded immediately to the Company.
In the event that Independent Distributor promotes Company Services and Products in other online media such as social networks (e.g. Facebook), blogs or chat rooms, you must always only use official and approved advertising messages. Furthermore, when using other online media, Independent Distributor must explicitly indicate that it is not an official Company advertisement or online presence of the Company, but independently developed by the Independent Distributor advertising of his/her activity.
Services and Products may be presented face-to-face at home-based parties or other events, online parties, webinars or other online presentations, only in compliance with the Company’s advertising policies and in compliance with the relevant сopyright legislation.
The Services and Products may not be offered at auctions, public or private online flea markets, swap networks, online department stores, online markets such as eBay, Amazon or comparable venues. Advertising in electronic media and mass media is only conditionally allowed. Independent Distributor may advertise Services and Products on TV, cable TV, radio, newspapers, email or other forms of electronic media or mass media only with the Company’s prior written consent. Said consent may be withheld by the Company at any time and at its sole discretion.
Unless otherwise specified in these Terms or in another legally binding Independent Distributor and the Company document, Independent Distributor is not allowed to promote, organize or in any other way participate in an activity involving acceptance of MagnumBits by merchants as a mean of payment without prior express written consent of the Company and provided that all the applicable Company’s requirements, policies and procedures are met, including regarding CDD (Customer due diligence).
Independent Distributor is required to identify himself as independent distributor in all of their business dealings. As a rule, all websites, stationery, business cards, car labels, advertisements, promotional materials and the like shall include the words independent distributor of Company. Independent Distributor is also prohibited from applying for or taking out loans, incurring expenses, making commitments, opening bank accounts or entering into any other contracts on behalf of, in the interest of or in the name of the Company.
Independent Distributor represents that, by entering into this Independent Distributor Agreement and by providing the services contemplated thereunder, Independent Distributor will not be in breach of any existing contractual or other legal obligations to any current or prior employer, principal, supplier, company or business. If Independent Distributor is subject to any other obligations of any nature to any other company or person which would restrict Independent Distributor from performing services or recruiting additional independent distributors under this Agreement, or which Independent Distributor thinks may possibly restrict her/him from performing services under this Agreement, Independent Distributor hereby undertakes to provide a copy of any such contract, policy or agreement to the Company prior to entering into this Agreement and prior to performing any activity under this Agreement and it will be the sole responsibility of Independent Distributor to take steps to ensure that Independent Distributor does not breach any such obligations in the course of performing this Agreement. Should such obligations, in the opinion of the Company, prevent Independent Distributor from performing her/his obligations under this Agreement, the Company shall have the right to terminate this Agreement forthwith without notice. Independent Distributor shall indemnify and hold harmless the Company from and against any actions, claims, losses, damages, liabilities, obligations, costs, charges and expenses which the Company may suffer or incur or be found liable for as a direct or indirect result of any breach or alleged breach of any such obligation by Independent Distributor. Independent Distributor agrees not to use or disclose any confidential or proprietary information belonging to or about any previous employer, supplier, customer, contractor, principal or other person in the course of conducting activity under this Agreement.
The abuse and misuse of email by Independent Distributor is a serious problem. The Company will not tolerate SPAM.
Definition of UCE (Unsolicited Commercial email), or SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice. SPAM is not only harmful because of its negative impact on client’s attitudes toward the Company, but it can also overload the Company, resources and other services.
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our service providers. It can cause negative client attitudes and drain resources. The Company strives to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
The Company reserves the right to terminate, without warning, any Independent Distributor that violates this policy. Becoming Independent Distributor constitutes acceptance and understanding of this policy. The Company reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk email”, and to determine from all of the evidence whether or not the email recipients were from an “opt-in” email list.
If Independent Distributor or Independent Distributor’s Website is mentioned in a SPAM complaint, said Independent Distributor may be subject to immediate termination.
The Company will not allow the actions of a spammer to compromise the Company business and community. The following actions against a violating Independent Distributor shall be applicable:
The Company reserves the right to determine what violates its Anti-spam Policy.
Furthermore, the use of false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company and/or products is strictly prohibited.
If a person or entity indicates that they do not want to receive email, Independent Distributor agrees not to send email to such person or entity. If a person initially agrees to receive email, but later asks to stop receiving email, Independent Distributor must abide by that request.
The Company also prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
As compensation for their activity and upon reaching the required qualifications, Independent Distributors will receive bonuses which are accrued weekly or daily and arise according to the respective qualification requirements in the reward plan as may be amended by the Company from time to time.
All bonuses will be credited to Independent Distributors virtual account with the Company. Company will organize payouts from Independent Distributor’s virtual account according to the reward plan. Such payout may be made within 7 business days of the end of the week of activity. The payment of all monies which may become due to the Independent Distributor is conditional on full compliance of the Independent Distributor Agreement.
The Independent Distributor understands and agrees that bonuses or commissions paid within the preceding 120 days from the date of return on Products or refund of Services, may be deducted from his/her virtual account with the Company. This amount will be itemized on the monthly statement.
Commission statements detailing the Independent Distributor’s transactions during the preceding month will be available online to Independent Distributor. The Company must be notified in writing within five (5) business days (as of the date of the payment) of any incorrect bonuses or other payments. After this time, the bonuses or other payments shall be deemed as accepted and approved.
The Company reserves the right to require Independent Distributors prove their identity before any bonuses are paid for the first time or services delivered. The Company may at its discretion require that the Independent Distributors’ identity be proved within 5 business days with a copy of their personal ID or passport, an excerpt from the commercial register, a VAT certificate, or that of some alternative TAX ID, potentially in conjunction with a recent electricity, gas water or other utility statement.
Independent Distributors will provide the Company with their tax ID and a copy of the confirmation letter from the responsible tax office immediately upon opting to pay VAT on their business activities or when their business volume exceeds the thresholds set for small business exemptions.
Bonuses and charges for the delivery of services of Independent Distributors may only be paid to accounts held in their name or that of a partnership or legal entity in business relationship with Company.
The Company is entitled to assert its right of retention in accordance with the law. In addition, the Company may exercise its retention right by withholding the payment of bonuses if any of the documents required by law, (such as the VAT identification number for legal entities, as requested and issued; and business registration etc.) have not been provided upon request before the first payment is due. If the Company exercises its right to withhold bonus payments, the parties hereby agree that Independent Distributor may not demand interest on the amount payable.
In addition to any other rights and remedies available to the Company, if any amount payable by the Independent Distributor to the Company becomes overdue, the Company is entitled to fully or partially offset its claims against Independent Distributors against their bonus claims. Independent Distributors are only entitled to offsets when counterclaims are undisputed or have been established by a court of law.
Your virtual account with us (and any available balance therein) is not a bank account, a trust account, a securities account, a credit card or deposit account. Our services are not financial instruments. No interest will be paid on any funds or currency you use to purchase or trade for any other currency, MagnumBits, or any other thing with other members, and all assets, including such currency or MagnumBits, that are directly held by the Company are not insured by the Company or any government agency. All currency bought and sold by you will be associated with your Account until used to purchase or sell from or with other members or until withdrawn by you.
As an independent contractor Independent Distributor shall be responsible for the filing of all necessary tax returns and registering for and paying all applicable taxes due in relation to the Independent Distributor’s business (e.g. registration for a VAT ID number, registration of their employees in the social insurance system, obtaining business licenses if required). Independent Distributor is personally liable for any taxes or duties, pension and insurance contributions, and the proper collection and payment of any remittance taxes due on bonuses and commissions paid as required by law in the country in which they are enrolled as an independent distributor. Independent Distributor will keep all such proper records as are necessary to ensure the proper assessment and payment of any such taxes or duties.
The Company reserves the right to deduct the respective amount for taxes and fees from the bonus and/or demand reimbursement for damage or expenses incurred by due to the Independent Distributor’s breach of the foregoing stipulations.
In addition to Intellectual Property protection provisions of Terms & Conditions, this section specifies your rights and obligations when using Intellectual Property of the Company in your activity as Independent Distributor.
are proprietary. Except for marketing materials, sample products, and advertising provided or sold to Independent Distributor by the Company, Independent Distributor shall not use or display such trademark(s), trade names, slogans, symbols, and color schemes without the Company’s prior written permission or otherwise in accordance with these Terms. Independent Distributors are prohibited from using Company trademark(s), trade names, slogans, symbols, and color schemes in advertising in a manner that would suggest or imply that they are employed by the Company. The copyright in all Company promotional materials, presentations, advertising materials, training and film materials etc. (including photographs) used in and for the purposes of Company business, whether printed matter or audio-visual or electronic items, shall remain the property of the Company at all times and may not be reproduced in whole or in part by the Independent Distributor and nor shall Independent Distributor permit any other persons to do so, without express written consent from the Company.
Independent Distributor shall have no rights in respect of the trademark(s) or other trade names used by the Company and he/she shall not acquire any rights in respect of the same. Independent Distributors may not copy, distribute, disclose, or otherwise modify the content and trademark(s) either in whole or in part in any way that goes beyond the usage already granted contractually without the express written consent of the official owners of those trademarks.
Independent Distributors are further prohibited from registering their own trademarks, titles, websites or other intellectual property rights that contain the Company’s logo, trademark(s), product names, titles, or trade names of the Company in any other country. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in subdomains or other subcategories of the URL. The repackaging and relabeling of Products and Services is also prohibited.
Independent Distributor shall promptly and fully notify the Company of any actual or threatened infringement of the trademark(s) or any other Intellectual Property of the Company in the Products and Services or any claim that the same infringes any third party’s rights.
Independent Distributor grants the Company the right to freely collect and execute photographic and/or audiovisual material containing his/her picture, voice recordings, likeness, biographical information, statements and citations within the scope of his/her function as an Independent Distributor. For this purpose, Independent Distributor explicitly agrees to the publication, usage, duplication and modification of his/her citations, footages or records. Independent Distributor shall be entitled to revoke the aforementioned consent. In case of a revocation, the Company will stop the foregoing usage within a one-month period. Independent Distributor grants to the Company the following absolute and irrevocable rights to such content: a) the right to copyright, alter, publish, reproduce, and distribute through any commercial or other medium, publication or means; b) the right to reproduce, distribute, and display and to license or syndicate use of the content, or any part of the content, in any medium or form of communication, now existing or hereafter developed, to others; and c) the right to use the content, or any part of the content, in any release, article, internal or external publication, brochure, public exhibit, display or signage, still and motion picture footage, software, electronic or digital communications tools, and other media format now or hereafter known. This grant of rights includes, but is not limited to, the right to adapt or otherwise use the content, or any portion of the content, alone or in conjunction with other materials, in all types of electronic, digital and computer-based media and technologies, now existing or hereafter developed, as well as the storage, retrieval, transmission, display, output and reproduction of data through any such media and technologies.
Independent Distributor assigns any and all copyright that he or she may hold in the content, including all moral rights, to the Company.
An Independent Distributor acknowledges and agrees that he or she will have no present or future right to receive compensation of any nature or extent in return for the rights granted by him or her to the Company in this document.
All details of the Company, the Products and Services and endorsements, testimonials and reports relating to them, and information relating to other independent distributors and customers of the Company, manufacturer and supplier information and such other financial and business information which the Company may designate as confidential, are the property of the Company and may only be used in the proper promotion of the Company business as provided for under these Terms.
They may not otherwise be used by the Independent Distributor in any other context, whether before or at any time after termination of the Independent Distributor Agreement and all copies of the same shall be returned to the Company forthwith on termination of the Independent Distributor Agreement.
Independent Distributor shall (to the extent such details are not publicly available other than by breach of these Terms) at all times and without limit in time, treat such details as confidential information in the nature of a trade secret and shall not use, disclose or permit the use or disclosure of such details to any other person (and shall take all reasonable steps to protect and maintain the security of the information) and shall use the details solely for the benefit of the Company’s Business and for the stated purpose for which they were provided.
Independent Distributors must not use the information to compete with the Company or for any purpose other than promoting Company’s program and its Products and Services.
Independent Distributors may not disclose any information about their income or the earning opportunities provided by their participation in Independent Distributor Program in any of their promotional materials. Independent Distributors are instead expressly required to inform potential partnership applicants that only very few partners can achieve higher incomes with their Independent Distributor activities and that such incomes are only possible through very intensive, continuous effort.
The Company takes reasonable steps to protect the information provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Website you agree to be bound by that policy.
However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet.
In consideration of the granting of the Independent Distributor’s position, for the duration of the Agreement and after the expiry or termination of the Agreement for a period of 6 months Independent Distributor agrees not to take or encourage any action, the purpose or effect of which would be to circumvent, breach, interfere with or diminish the value or benefit of the Company’s contractual relationships with any independent distributors, or (whether directly or indirectly) contact, solicit, persuade, sponsor or accept any independent distributor or in any way promote, opportunities in marketing programs or businesses of any direct sales company that offers competing Products to the Company.
Independent Distributor agrees, while this Agreement is in effect and for a period of 6 months thereafter, not to directly or indirectly, for herself/himself or for or on behalf of any other party or entity, solicit or recruit or cause any other person or entity to solicit or recruit any employee of the Company or any independent contractor of the Company either under contract with the Company (or who has been under contract with the Company in the six months prior to the termination of this Agreement) to or into any business which is or will be in competition with the Company. For greater certainty, any business offering for sale to the public in any manner whatsoever e-learning, including entrepreneurship training, shall be deemed to be in competition with the Company.
Independent Distributor shall not, during the term of this Agreement and for a period of 6 months thereafter, directly or indirectly solicit or recruit prospective members, affiliates and/or customers on behalf of any other company or person at Company event, meeting or conference (whether organized by the Company or by another Independent Distributor).
Independent Distributor agrees, during the term of this Agreement, not to: (a) represent, display, sell or promote, directly or indirectly, any other line(s) of e-learning, including entrepreneurship training, not sold by or purchased from the Company; (b) represent, sell, promote or display, directly or indirectly, any e-learning, including entrepreneurship training, as a Company product if they are not Company products; (c) become a partner, affiliate, consultant, agent, distributor, advisor, owner or employee of any other direct sales company or entity promoting or selling competing products to those sold by Company, without the express prior written consent of the Company.
Independent Distributor shall not, during the term of this Agreement, directly or indirectly, whether through spouses, common law partners or other affiliated third parties or entities, solicit, show, promote, market or sell any e-learning, including entrepreneurship training, product or service not sold by the Company to other independent distributors, or solicit or recruit prospective additional members, affiliates and/or customers on behalf of any other business or entity at Company event, meeting or conference.
Independent Distributor shall not manage or own or be otherwise interested in or concerned with any other direct sales company(s) which sells e-learning, including entrepreneurship training, or any other product which competes with the products and services of the Company during the term of this Agreement and for a period of 6 months thereafter, for whatever reason.
Independent Distributor acknowledges and agrees that each of the covenants contained in this Section 9 are separate and independent and each is an indispensable part of the transactions contemplated by this Agreement and are enforceable and, having obtained professional advice or been given adequate opportunity to do so, that the restrictions contained in such covenants are fair and reasonable in the context of this Agreement. The parties acknowledge, however, that such restrictions may be rendered invalid or unenforceable by changing circumstances, public policy, or other unforeseen reasons and accordingly if any one or more of the restrictions contained in this Section shall either individually or together be adjudged for whatever reason to go beyond that which is reasonable in all the circumstances for the protection of the legitimate interests of the Company but would be adjudged reasonable and/or enforceable if any particular restriction or restrictions were deleted or limited in any manner (including without prejudice to the generality of the foregoing any reduction in duration or geographical area) the said restrictions shall apply with such deletions or limitations.
Upon the death of Independent Distributor, the rights and responsibilities of Independent Distributor may be passed on to the rightful heir(s) as required by law, who shall be eligible to receive all sums due or to elect to accept the Independent Distributor position on the terms and conditions of the Independent Distributor Agreement as if they were a party thereto or final payment of sums due (if any) under the Independent Distributor Agreement. The death must be proven by means of a death certificate. Should there be a will granting the Independent Distributor Agreement as part of the deceased’s inheritance, a notarized copy of the will must be presented. The six-month period may be extended by a reasonable length of time on an exceptional basis, if it is disproportionately short for the heir(s). The Company reserves the right to suspend the Independent Distributor position until receipt of documentation evidencing the entitlement of the heir to the deceased’s Independent Distributor position.
Upon the incapacity of Independent Distributor, the rights and responsibilities of an Independent Distributor can be assumed by his/her attorney who may handle the Independent Distributor’s affairs even though he/she may him/herself hold Independent Distributor position. The Company reserves the right to suspend the Independent Distributor position until receipt of documentation evidencing the authority of the attorney.
The Company shall be entitled to place Independent Distributor’s account on suspension for a period of up to ninety (90) days, when the Company considers the suspension necessary for security reasons, in case of suspect regarding Independent Distributor’s illegal, fraudulent or unlawful activity or material breach of these Terms.
The right of a suspended Independent Distributor to receive commissions or bonuses from the Company ceases immediately from the date of suspension through to the end of the suspension period. A suspended Independent Distributor must cease selling the Products, using Company promotional materials, trademark(s), trade names, logos and color schemes, representing him/herself as Independent Distributor or acting in any way which may be adverse to the business of the Company or its affiliates. At the expiry of the suspension period Independent Distributor may be reinstated to good standing with the Company and commissions paid for the suspended period as appropriate, or where the suspension is for breach of these Terms may be terminated in accordance with these Terms.
The Independent Distributor Agreement (forming inseparable part of one document and entire agreement between the Company and its Independent Distributors, together with the Terms and Conditions and reward plan) is concluded for an indefinite period and may be terminated as specified below.
The Independent Distributor Agreement may be terminated:
In case the Independent Distributor Agreement is terminated for the purposes (i) or (ii) section 11 above whatever the balance on their virtual account is it will be given to the Independent Distributor, less the transaction cost. As for the balance on MagnumBits account please refer to MagnumBits Terms. In case the Independent Distributor Agreement is terminated for the purposes in (iii) section 11 above you won’t be entitled to any payouts.
Independent Distributor who has terminated his/her Independent Distributor Agreement or whose Independent Distributor Agreement has been terminated by the Company must wait for 12 months from the date of termination before re-applying to become an Independent Distributor.
The right of a terminated Independent Distributor to receive commissions or bonuses from the Company ceases immediately from the earlier of the date suspension or of termination. Upon termination of the Independent Distributor Agreement, all Confidential Information and Intellectual Property of the Company in the possession of Independent Distributor shall be returned to the Company.
Except where the obligation on the Independent Distributor is specified to apply after termination of the Agreement in respect of Section 9 in accordance with the Agreement, Independent Distributor shall be released from all future contractual liabilities toward the Company on termination of the Agreement at any time.
Notwithstanding the retention of all or part of any commissions or bonuses by the Company upon the suspension or termination of Independent Distributor, Independent Distributor shall remain liable to indemnify, defend, and hold harmless the Company and its successors, assigns, affiliates, members, officers, directors, agents and employees from any and all claims, causes of action, injuries, losses, damages, judgments, costs, or expenses, including legal and accounting fees, arising in any manner from any breach by Independent Distributor of the Independent Distributor Agreement.
The Independent Distributor Program is provided on an "as is" and "as available" basis and participation in the Independent Distributor Program is at the Independent Distributor's own risk. The Company makes no representations or warranties, either expressed or implied, with respect to the Independent Distributor Program, or any service or information provided through the Website.
The Company is not responsible for any damages, injury or economic loss arising from the participation in Independent Distributor Program. Should any part of the Independent Distributor Program cause damage or inconvenience to the Independent Distributor or anyone claiming through the Independent Distributor, the Independent Distributor assumes responsibility and the entire cost for them.
In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with your business activities under this Independent Distributor Agreement.
The Company hereby disclaims all warranties. The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Website, Independent Distributor Program, the Service or the content contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website and all such content, Services and Products are provided "as is," "with all faults," and "as available." We disclaim all warranties, express and implied, arising out of, or in connection with, the Website, Independent Distributor Program, Service and content, including, but not limited to the warranties of non-infringement, merchantability, and fitness for a particular purpose and those arising by law, statute, usage of trade or course of dealing and any liability with regard to the Website, Independent Distributor Program, content and Services and any actions resulting from Independent Distributor’s participation in Independent Distributor Program or any Service.
Independent Distributor’s use of the Website, Independent Distributor Program, Service and content is at his/her sole risk. Although our content may be updated from time to time, it may be out of date and/or may contain inaccuracies or typographical errors. We are not responsible for the Independent Distributor’s inability or failure (for any reason) to access the Website or content or otherwise use or receive information or Service from or regarding the Website, content, or Independent Distributor’s Account with the Company. The Company does not warrant that the Website or Service will be compatible with any hardware or software systems or that the Website or Service will be uninterrupted or error free. Independent Distributor assumes the risk of any and all damage or loss from use of, or inability to use, the Website or Service.
The Company is not responsible or liable for maintaining any Independent Distributor data or for the deletion, corruption, destruction, damage, loss or failure of any Independent Distributor data or for any third-party access to any Independent Distributor data.
The Company is not responsible and cannot be held liable for incorrect usernames and other data provided by Independent Distributor.
The Company is not responsible and may not be held liable for any additional bank fees, taxes and currency exchange rates, that may result in any amounts to be added to the account of the respective Independent Distributor.
The Company makes no warranty or representation as to the level of success, if any, individuals may achieve by participating in Independent Distributor Program or using any of the Company’s Services or Products. Individual results may vary and depend on many factors including an individual's specific financial situation, efforts and actions.
To the maximum extent permitted by law, the Company and its affiliated parties shall have no liability whatsoever for Independent Distributor’s participation in Independent Distributor Program, use of any content or other information or Service related to the Website, Service or Products and shall not be liable for any direct, indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of business, loss of profits, or litigation), (i) arising from any decision made or action taken by the Independent Distributor in reliance upon the content or our Products or Service, (ii) arising out of or in any way connected with the use or performance of the Website or content, or with the delay or inability to use the Website, content, or related Service, or from the use or misuse of any information, products, services, related graphics, and content obtained through the website, (iii) any incorrect or missing information or data, or (iv) otherwise arising out or resulting from loss of the Independent Distributor’s data or information, whether based on breach of contract, breach of warranty, tort (including, but not limited to, negligence), or otherwise, even if advised of the possibility of such damages. The Company’s maximum liability, if any, for any loss or damage relating to or arising out of the use of the Website, Services, Products or any content will not exceed the lesser or actual damages or 500 GBP.
The Company is not responsible for interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connections, or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions, or for any technical malfunctions, failures or difficulties.
The above limitations and exclusions shall apply to the Independent Distributor to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory.
The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages, some or all of the exclusions or limitations in this provision may not apply to you. In such jurisdictions the Company liability shall be limited to the maximum extent permitted by the applicable law.
The above limitation of liability shall survive the termination of these Terms or your right to use this Website.
The Independent Distributor will indemnify and hold harmless the Company, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Independent Distributor's activity under Independent Distributor Program and Independent Distributor’s use of Products and Services, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content.
These Terms and the legal relationship between the parties arising in connection herewith shall be governed by and construed in accordance with the laws of England and Wales without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises.
The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of these Terms. For any dispute, you have with Company, you agree to first contact us at Compliance@Magnumlife.org and attempt to resolve the dispute informally.
Any dispute that cannot be resolved by the above-mentioned way shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically:
Any disputes between the Company and its clients, related to and in relation to these Terms and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of the London Court of International Arbitration.
In the event a particular dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the English Courts.
Claims arising from this contractual relationship become time-barred after 6 months starting from the time the corresponding claim becomes due and the entitled person knows all the circumstances justifying his/her claim, or if his/her ignorance of the circumstances are due to gross negligence. Statutory provisions mandatorily prescribing a longer limitation period shall remain unaffected.
These Terms, together with Terms and Conditions, the website Terms of Use, and the Privacy Policy, and other documents is hereby incorporated/ might be incorporated by reference into the Independent Distributor Agreement shall constitute the entire agreement between the parties with respect to the subject matter of the Independent Distributor Agreement and supersedes all previous agreements and representations (whether written or oral) made between the parties prior to Independent Distributor entering into the Agreement. Except as specifically provided in these Terms in the case of conflict between these Terms and any other document, these Terms shall prevail.
If at any time any term or provision of these Terms shall be held to be illegal, invalid or unenforceable in whole or in part under any rule of law or enactment such term or provision or part shall to that extent be deemed not to form part of these Terms but the enforceability of the remainder Terms shall not be affected.
The Company shall not be responsible for delays and failures in performances thereunder, where performance is made commercially impracticable due to circumstance beyond the Company’s reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of the Company’s usual source of supply, or government decrees or orders.
The Company reserves the right particularly considering any changing market conditions, to amend these Terms upon reasonable advance notice to Independent Distributor (either specifically to the Independent Distributor or generally through official Company communications). The placing of orders by Independent Distributor and/or continued promotion of the Company business opportunity following the issue of such notice of amendments will conclusively indicate acceptance by Independent Distributor of such amendments to this Agreement.
The Company shall be entitled to change the reward plan at any time. The Company will announce any general amendments within a reasonable period. Independent Distributor has the right to object to the amendment. In case of an objection Independent Distributor is entitled to terminate the Independent Distributor Agreement at the date of entry into force of the modification. In case he/she does not terminate the Agreement within two weeks after the entry into force of the modification, Independent Distributor expressly accepts the modification.
Failure of the Company to exercise any rights stated in these Terms and or any other relevant documentation shall not constitute a waiver of Company’s right to demand exact compliance therewith and waiver by the Company of any breach in such documentation shall not constitute a waiver of any prior, concurrent, or subsequent breach by Independent Distributor. Any waiver by the Company must be issued in writing by the Company.
The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. This Agreement is personal to Independent Distributor and neither this Agreement nor any benefit under this Agreement may, without the prior consent in writing of the Company, (which may be given on such terms as to guarantee or indemnify or otherwise as the Company thinks fit) be assigned, mortgaged, charged or otherwise disposed of.
The Company may provide notifications to you via email notice, or through posting of such notice on the Website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms.
The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Please direct any questions you may have about the Website or these Terms to any one of the following:
Company does not provide any guaranteed response time but will make a good faith effort to answer questions within five (5) business days.
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