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IMPORTANT INFORMATION:
PLEASE READ Agreement Applicant applies to become a NeXarise IBO and agrees to abide by the terms of the IBO Agreement set forth below this application form (as altered from time to time).
It is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme. Do not be misled by claims that high earnings are easily achieved. If you sign this contract you have 14 days in which to cancel and get your money back.
Terms and Conditions of IBO (Independent Business Owner) Agreement
1. Purpose of the Agreement
These Terms and Conditions set forth the conditions under which an individual or company may participate as a NeXarise Independent Business Owner ("IBO") and be entitled to promote and sell NeXarise Products, Services and to promote the NeXarise Opportunity. The following documents apply to the Independent Business Owner's application and agreement and form a fundamental part thereof: these general terms and conditions, policies and procedures, the compensation plan, D.T.R.T, the privacy statement as well as any additional documents made available to the IBO by NeXarise.
2. General Terms and Conditions
2.1. IBOs are compensated and promoted based on the successful marketing and sale of NeXarise Products and Services to customers in accordance with these General Terms and Conditions and the Compensation Plan. Success as an IBO is based on the IBO's individual efforts and abilities, and no income, profits, or success is promised or guaranteed. Compensation is not earned for promoting the NeXarise opportunity or sponsoring new IBOs.
2.2. The contract terms, services and trading programs, and compensation schemes of direct marketing companies are not subject to prior review or approval by any government agency.
2.3. The person submitting this application and agreement confirms that the IBO is authorised to enter into this agreement with NeXarise and that the individual or principal contact person identified in the application (1) is at least 18 years of age; (2) is a citizen or legal person resident of the country where the registration was submitted; and (3) has the authority to work within that country.
2.4. Your activity under this Agreement shall be centred in the United; but you will be able to promote NeXarise Services, and the NeXarise Opportunity in a country where NeXarise operates subject to these Terms and Conditions and compliance with applicable laws and regulations in such countries.
2.5. You have the right to withdraw from this agreement and get your money back for 14 days in accordance with clause 7.6.
3. Definitions
a) "NeXarise", "us", or "we" means NEXARISE EUROPEAN SERVICES LTD, registered in the companies house under 12809334 at 1000 GREAT WEST ROAD, BRENTFORD, TW8 9DW, UK , or, if the context indicates, another member of the NeXarise Group. "NeXarise Group" means all legal entities under joint ownership with NeXarise European Service LTD 12809334.
b) "NeXarise Business Tools" means training and marketing materials produced by NeXarise or by a NeXarise Business Partner exclusively for NeXarise and available for purchase by Independent Business Owners from NeXarise website.
c) "NeXarise Business Partner" means a person with whom the NeXarise Group enters into a contract for the provision of NeXarise Services, NeXarise Business Tools or the NeXarise Opportunity. Independent Business Owners (IBOs) are not NeXarise business partners.
d) "NeXarise Opportunity" means the business opportunity provided by NeXarise to promote and sell NeXarise Products, Services and the NeXarise Opportunity.
e) "NeXarise Services" means services or products offered to customers of NeXarise, and the Independent Business Owner (IBO) or an NeXarise Business Partner.
f) "Annual renewal fee" is the fee of £ 78.6 (including VAT) which will be charged for each renewal period.
g) "Compensation Plan" means the applicable country-specific commission and bonus plan for which an Independent Business Owner (IBO) is compensated by NeXarise for the successful promotion or sale of NeXarise Services.
h) "Customer" means a person who purchases NeXarise services or from NeXarise or an IBO (Independent Business Owner).
i) "Customer Contract" means an agreement between (1) a Customer and (2) NeXarise or an NeXarise Business Partner to purchase NeXarise Services. Agreements between an IBO and a customer are not customer contracts for the purpose of this agreement.
j) “Rank”, “Activity” or “Position” means your business activity as an IBO.
k) "Downline" means an IBOs (Independent Business Owner) sales organization and may include directly sponsored IBOs (Independent Business Owner) and people sponsored by the IBOs (Independent Business Owner).
l) "Effective Date" means the date an Independent Business Owner Application is accepted by NeXarise and the IBO is notified of such acceptance.
m) "Period" means (1) the period beginning on the effective date and expiring 12 months from the date IBO paid ("Starting Period") or (2) any 12-month renewal period ("Renewal Period").
n) "Home country" means a country where a Supervisory Board was originally established.
o) Enrollment /Start-up Fee for IBO ”means the fee of £ 99.0 (including VAT) to cover the cost of establishing and operating your business and allows you to conduct business in any NeXarise operating in. With the start-up fee for IBO an applicant will gain:
(1) Access to an online store and continuous IBO support and
(2) Access to the NeXarise International capability and full suite of reporting tools with Downline reporting and dashboard alongside the control centre.
(3) Marketing material and customer support
p) "Independent Business Owner" or "IBO" means any person or entity that enters into an agreement with NeXarise for the promotion and sale of NeXarise Services NeXarise products, and the NeXarise Opportunity. "You" refers to the IBO that enters into this agreement.
q) "Intellectual Property" means all trademarks, service marks, trade names, logos, copyrighted materials, know-how, business documentation, operating methods, processes and systems, and other proprietary rights owned by any member of the NeXarise Group.
r) "Sample Withdrawal form" means a model/template provided by NeXarise that may be used by IBOs to exercise their right of withdrawal under clause 7.6.
s) The "Monthly Business Support Fee" is the £ 20.4 (including VAT) fee payable by you monthly starting from your second month and monthly renewal period to maintain your business status with NeXarise.
4. As an IBO, I understand and agree:
4.1. I will promote and sell NeXarise products and/or services to customers as an introducing agent on behalf of NeXarise and its suppliers. In this agreement, NeXarise products and/or services shall mean both the current range of products and/or services and such further products and/or services which may be supplied by the NeXarise group of companies in addition to, or in substitution for, those products and/or services from time to time in respective countries.
4.2. I will present NeXarise products and/or services in a truthful, genuine and honest manner, and I will conduct myself in a manner that reflects the highest standards of integrity and responsibility in keeping with the reputation of NeXarise. In any information I provide about earnings, I will ensure the following wording is used: “It is illegal for a promoter or participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting other people to join a trading scheme. Do not be misled by claims that high earnings can be easily achieved”.
4.3. I will not accept orders for purchases which I know to be for unreasonable volumes, for example if the purchaser had no need of the goods, either for his own use or for re-sale within a reasonable period.
4.4. I will not (in the first seven days of my appointment as an IBO) pay or agree to pay to NeXarise European Services Ltd or any other IBO a sum in excess of £ 200, whether in respect of products and/or services ordered or anything else. I consent to NeXarise retaining the details of the credit or debit card I use when enrolling in order to process subsequent payments due from me, until such time as I give notice to NeXarise of my withdrawal of such consent.
4.5. I will make personal or telephone contact with consumers only in a reasonable manner, and I will inform the consumer that the purpose of the visit is to solicit or confirm an order for products and/or services.
4.6. I will demonstrate or sell only NeXarise products and/or services. I will not demonstrate or sell any other products and/or services, including any products and/or services made personally by me, as part of my business, at any NeXarise-sponsored event or meeting.
4.7. I will make only such verbal or written product claims with respect to product efficacy as are authorised by NeXarise or the respective supplier.
4.8. When making an appointment to visit a consumer, I will:
4.8.1. inform the consumer as to the purpose of the visit;
4.8.2. if the visit is likely to last more than 15 minutes, inform the consumer as to the likely length of the visit;
4.8.3. where products and/or services are intended particularly for the elderly or infirm, check for any vulnerability (lack of understanding etc) that the consumer might have. In such cases, I will use an effective screening system able to identify vulnerable consumers and take all reasonable steps to ensure that the vulnerability is not exploited, even unintentionally.
4.9. I will protect NeXarise’s trademarks and trade name by (1) not reproducing NeXarise’s name and/or trademarks or copy any of NeXarise’s materials for use in any advertising without the prior written approval of NeXarise, and (2) respecting NeXarise’s list of recommended prices. I will comply with the rules established by NeXarise as regards the permissible and prohibited routes to market as set out in the NeXarise Policies & Procedures from time to time.
4.10. I am an independent contractor; I am not an employee, agent, partner or franchisee of NeXarise. I cannot act on behalf of, represent, or conclude any contracts on behalf of NeXarise, save for the collection and transmission of orders for NeXarise products and/or services; I do not have any authority to incur any debt, obligation or liability on behalf of NeXarise. I agree that the activities carried out by myself under this Agreement are not intended as my main source of income and shall under no circumstances be interpreted as my primary activity.
4.11. I will comply with all applicable laws and regulations when promoting NeXarise Services, NeXarise Products, and the NeXarise Opportunity. This obligation includes, but is not limited to:
4.11.1. complying with all laws, regulations, and industry codes applicable to the promotion and sale of NeXarise Services, and the NeXarise Opportunity, including consumer protection, direct sales, distance selling and data protection policies;
4.11.2. obtain any permits, trade licenses, or registrations, including visas and work permits, required in a country where I choose to conduct NeXarise business;
4.11.3. maintain accurate and complete protocols (such as order forms, invoices and receipts) in connection with the operation of the my business as an IBO;
4.11.4. make all registrations and notices necessary to ensure the correct assessment and payment of taxes (including personal and company income tax, national or local business taxes, etc.), state taxes and social security contributions (such as social security and pensions); and
4.11.5. comply with the Direct Sales Association's (DF) Code of Ethics (available at www.direktesalgsforbundet.no) and Seldia's European Code of Conduct (available at www.seldia.eu), and the Direct Sales Association's Code of Conduct for any country in which I operate NeXarise Business (regardless of NeXarise is a member of the Direct Sales Association in these countries or not).
4.11.6. I understand that I am not covered by any employment protection legislation and I will not be treated as an employee with respect to this agreement for any tax or legal purposes, or otherwise. I agree to abide by all laws relating to my business. I will be responsible for my conduct in relation to my business with NeXarise and will indemnify NeXarise as regards any claims against NeXarise and/or myself arising out of my conduct. I will maintain adequate insurance against all relevant risks including public liability. I confirm that I have the right to work in the country where the registration was submitted and will produce, upon request, documentation to confirm my right to work. I hereby indemnify NeXarise in respect of all and any claims, expenses, costs or liabilities against it arising from or in connection with my right to work.
4.12. I will present NeXarise’s business opportunity in a truthful manner. I will not make any misleading earnings claims. I will accept recruiting responsibilities by ensuring that any prospective recruit is 18 years of age or older.
4.13. I will submit product orders to NeXarise in the manner prescribed by NeXarise by making full payment by any method deemed acceptable by NeXarise. I understand that all orders are subject to acceptance by NeXarise or its supplier.
4.14. I understand that information and materials provided to me containing confidential and proprietary information of NeXarise. I will not use, disclose or reproduce these materials other than for my business without the prior express written consent of NeXarise.
4.15. I have no financial obligation during the period of 12 months from the start of this agreement other than to pay the Enrolment fee, the monthly business support fee and to pay for any goods or services ordered by me. If I purchase NeXarise services, I am subject to the terms of the relevant customer contract provided that, if I do not pay for my NeXarise services, NeXarise may, in addition to any remedies in the customer contract,
4.15.1. offset amounts due from any remuneration to me as an IBO under this Agreement;
4.15.2. impose reasonable fines and statutory interest; and
4.15.3. initiate a conformity investigation under clause 7.11.
4.16. I understand that a variety of financial rewards (“commissions”) will be paid in accordance with NeXarise’s Compensation Plan and that I must comply with and not be in breach of any of the terms of the Agreement in order to be eligible for payment. I understand that NeXarise may suspend or revoke payment of commissions paid less than 120 days previously if I am in breach and I authorise NeXarise to deduct any amounts owed by me to NeXarise which are due at the time of the deduction, from commissions or other amounts due to me. NeXarise may recover from me commissions paid in respect of returned products and/or services or cancelled services for any reason including disputes raised by the customer.
4.17. I agree that personal information provided to NeXarise may be retained and processed by NeXarise manually and/or on a computer database, disclosed and transferred to NeXarise and its affiliates and to other persons situated within or outside the European Economic Area for use by NeXarise for business purposes. Personal information includes, but is not limited to, my name and address, sensitive personal data and other information relating to me and information may be disclosed to third parties for NeXarise’s business purposes unless I notify NeXarise that I do not want such information released. I also agree that such information pertaining to customers belongs to NeXarise and that NeXarise reserves the right to assure continued service to customers if I cease to be an active IBO. I will take appropriate steps to protect the security of personal data in my possession.
4.18. In the supply of promotional or training literature (sales aids) in hard copy or electronic form I will:
4.18.1. utilise only materials that are approved by NeXarise or comply with the same standards to which NeXarise adheres;
4.18.2. not make the purchase of such sales aids a requirement for downline direct sellers; provide such literature (and any other sales aids) at no more than a reasonable and fair price, equivalent to the price of similar material available generally in the marketplace;
4.18.3. offer a written return policy that is the same as the return policy of NeXarise;
4.18.4. not require any other direct seller to purchase any sales aids or other materials that are inconsistent with NeXarise’s policies and procedures;
4.18.5. ensure that sales aids and other materials are not misleading or deceptive and are sold only in compliance with the provisions of the DSA Code; and
4.18.6. not permit the sale of sales aids to be a profit centre for any direct sellers.
4.19. I cannot assign, transfer or subcontract this agreement or my appointment as an IBO to any person or entity other than to a UK - registered limited company which I control, save with the consent in writing of NeXarise, and will continue to control during the currency of this Agreement. I will remain responsible to NeXarise for the proper performance of the obligations of the IBO notwithstanding any such assignment, transfer or subcontract. As an independent contractor, I am entitled to arrange for such assistance in the conduct of my business as I deem appropriate. I may transfer the benefit and burden of my appointment as an IBO under my Will, subject to the terms and conditions in the NeXarise Policies & Procedures.
4.20. I may cancel this Agreement without penalty within fourteen (14) days of entering into it and if I do so I am entitled to recover all monies paid to NeXarise. Cancellation can be requested via email to cancellations@nexarise.com. Such notice must contain my full name, IBO Business ID, Date of birth and address.
5. An IBO expressly agrees that the Compensation Plan may be amended by NeXarise without notice, and that such change does not give rise to a claim for compensation of the IBO against NeXarise. The IBO's continuation of the activity in accordance with this agreement after a change in the Compensation Plan shall be regarded as acceptance of such a change. An IBO recognizes that the IBO must have an active rank at the time compensation is paid to receive payment. An IBO confirms that the provisions of this clause 5 are reflected in the treatment given under this Agreement and in the IBO's decision to enter into this Agreement. Amounts earned by IBOs for IBOs' resale of NeXarise products to customers are not part of the Compensation Plan. This clause does not apply to NeXarise services or NeXarise products purchased by an IBO as a customer.
6. NeXarise understands and agrees:
6.1. IBO will earn income based on sales of NeXarise products and/or services. NeXarise will calculate and pay commissions in accordance with the then current NeXarise-published commission schedules. NeXarise may change commissions, incentive programme rule and active sales requirements at any time without giving any notice as per the clause 7.9
6.2. NeXarise will not impose on IBO any geographical territories or limits relating to sales and recruiting of IBOs in the country where the registration was submitted.
6.3. The IBO has no financial obligation during the term of this agreement other than to pay the Enrolment fee, the periodical maintenance (business support fee) and renewal fees or for the products and/or services ordered as a customer.
7. General
7.1. This agreement is effective for 12 months from the Effective Date. At the end of a term, an IBO may request a renewal of the rank by completing the renewal procedure and paying the annual fee. Renewal will constitute a new agreement between the IBO and NeXarise. If an IBO does not renew, the agreement will terminate at the end of the period (subject to any applicable grace period) and the IBO will lose all rights under this agreement, including the right to receive future compensation. NeXarise may, at its sole discretion, reject a claim for renewal.
7.2. An IBO may terminate this agreement at any time by giving written notice to NeXarise. NeXarise may terminate this agreement for any breach immediately or for any reason upon 30 days written notice.
7.3. No IBO or former IBO directly or indirectly may sell products and/or services which are competitive with the products and/or services of NeXarise either while this agreement is in effect or for a period of 180 days following its termination.
7.4. No IBO or former IBO may directly or indirectly solicit or attempt to solicit customers of NeXarise as introduced under the scheme for a period of 180 days following the termination of this agreement, whether active or inactive, to participate in a direct sales program offered by a other company, whether or not the services offered by such company are similar to NeXarise Services; do anything to transfer a customer to a similar service provider, or to persuade a customer to switch companies, whether or not the IBO has promoted NeXarise services to the customer; or encourage or enter into an employment, marketing, or other contractual relationship with an NeXarise Business Partner. Violation of this provision 4 may result in (a) compliance action under this agreement; (b) suspension or termination of this agreement by NeXarise for breach; (c) revocation of the IBO's rights under this Agreement; and (d) legal or other action by NeXarise against the IBO.
7.5. If any provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
7.6. If IBO terminates this agreement within its first 14 days, IBO may cancel any outstanding orders with NeXarise without charge and receive a full refund of anything paid for, yet not received, in connection with this agreement. If IBO returns to NeXarise, at the address identified below, any tangible goods IBO purchased in that period, NeXarise will give a full refund for them provided the goods are returned in the condition in which they were supplied. This clause does not apply to NeXarise services or NeXarise products purchased by an IBO as a customer. An IBO's rights with respect to these purchases are subject to applicable terms and conditions. (The Mille, 1000 Great West Road, TW8 9DW, UK)
7.7. If IBO terminates this agreement more than 14 days after entering into it or if NeXarise terminates this agreement, IBO shall have no further contractual obligation to NeXarise save under the provisions which expressly or by implication endure beyond that point as an IBO.
7.8. Upon termination of this agreement, an IBO shall be released from all obligations under this agreement with the exception of (a) obligations related to payments to the IBO; (b) claims against the IBO for NeXarise Services or NeXarise Business Tools that are not eligible for reimbursement under clause 7.6. An IBO may not challenge the amount or validity of any settlement agreement or payment resulting from this agreement upon termination.
7.9. This agreement, terms and conditions, NeXarise’s Policies & Procedures and Compensation Plan, may be modified at any time without notice. All communications with NeXarise or NeXarise business partners to IBOs about such changes shall be deemed to be effective notice, including but not limited to, information posted on the IBO Back Office. By continuing to promote NeXarise Services, NeXarise Products, or the NeXarise Opportunity after notice, an IBO shall be deemed to have consented to the termination of the Agreement. An IBO confirms that the provisions of this clause 7.9 are reflected in the treatment given under this Agreement and in the IBO's decision to enter into this Agreement.
7.10. IBOs shall not communicate with any printer, radio or television station, Internet company or other media on behalf of NeXarise or any NeXarise business partner without the written consent of NeXarise. Media inquiries regarding NeXarise should be directed to NeXarise.
7.11. IBO's breach of this Agreement, including breach of these Terms, Guidelines and Procedures or Attempts to Take Unfair Benefit from the Compensation Plan, shall be deemed a breach of this Agreement and may result in legal action and compliance negotiations with IBOs during the processes set out in the Guidelines and Procedures. Disciplinary action for demonstrated violations is taken at NeXarise‘s sole discretion. An IBO agrees that all compliance negotiations and appeals therefrom will be dealt with solely in accordance with the processes set forth in the Guidelines and Procedures, and the IBO loses its right to seek exemption from the courts or other courts. An IBO agrees that his or her rank may be suspended while a compliance investigation is ongoing.
7.12. This Agreement covers the entire agreement between the IBO and NeXarise. Past communications, representations, arrangements, express or implied warranties and conditions made by any person about this Agreement, whether in writing or orally, are expressly excluded from this Agreement and are unenforceable.
7.13. This agreement is subject to the laws of the United Kingdom. Disputes arising under or in connection with this agreement or in relation to other agreements between NeXarise and an IBO shall be resolved exclusively by a competent English court.
© 2020. Effect from 16 September 2020.
Once you have reviewed the Policies, and if you agree to abide by them, please click the "I agree" box located below and continue with your application to become an independent distributor. PLEASE NOTE THAT BY CLICKING "I AGREE" YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE POLICIES, AND AGREE TO BE BOUND BY THEM.
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