1) In consideration of your agreement to be part of the promotional and marketing for Ecomins product (“the Product”) and to abide the terms and condition herein, you will be entitled to a commission if you are able to sell our Product to the customer. Kindly request the rate of commission from us, in which event we reserve the rights to amend and/or revise the rate of commission from time to time at our sole and absolute discretion and the revision thereof shall take effect immediately upon the same are being notified you in any mode of notification.
2) The payment of commissions will be paid to you on or before the tenth (10th) day of every month provided always that the customer has fully paid the purchase price to us and we are in receipt of the tax invoice from you.
3) Your duties and obligations
- You shall attend to the training organized by us and shall further study the Product specifications to understand the functions and/or benefits of the Product to provide a better understanding to customers with information of the Product.
- You shall market and sell the Product to customers at the prescribed recommended retail price.
- You shall abide strictly and sell the Products to the customer within the territory as determine by us only.
- You shall obtain and provide us the information and/or the details of the customer.
- You shall diligently provide honest good service to customer at all material times.
- You shall report all complaints, issues and/or matter raised by the customer immediately.
- You shall maintain proper documentation records including the duly acknowledged delivery order all follow-up calls and/or maintenance of the Product.
- You shall without any further delay upon receipt of notification from us attend to our designated office / area to collect the Product for delivery of the Product to the customer.
- You shall deliver the Product together with the warranty card to customer with proper care as described to you from time to time and forthwith return the duly acknowledged delivery order by the customer to us after the delivery has been made.
- You shall not without our written consent repackage the Product;
- You will act honestly and in good faith and comply with all necessary requirements and not to conduct in the manner that would tarnish our business reputation.
- You must not sell any other product from competitors or from other distributors or conduct any promotions of the Product, without our prior written approval during the existing appointment herein.
- In the event of termination of appointment herein by either party, you will not sell any product of competitors or from other distributors within six (6) months from the said termination of your appointment.
- You shall keep yourself up-to-date with the information of any promotion / discount / programme in relation to the Product that we offer to the customer from time to time. In this regard, you will be informed of our instruction or requirement imposed on you vide our written notice. You undertake to observe and comply with such instruction or requirement issued by us.
4) Termination
- The agreement herein can be terminated by either party without assigning any reason by giving fourteen (14) days written notice to the other party.
- We are entitled to terminate this agreement with immediate effect in the event:-
- You breach any terms and conditions stated herein and/or any applicable laws;
- You use or we reasonably suspect that you act for unlawful purposes and/or conduct any unlawful activity including but not limited to bribery, fraudulent, money laundering and/or terrorist financing activity; or
- We reasonably suspects that you misrepresent to the customer or the information provided by you is misleading, false and/or untrue.
- Upon the termination hereof, you shall at your own costs and expenses promptly withdraw and return to us all samples, promotional material or other documents relating to the Product which you have in your possession.
5) You shall not without our prior written consent, disclose to any third party the contents of this agreement or any information in performance of or in connection with this agreement.
6) Your obligations as to disclosure and confidentiality shall come into effect upon your acceptance of this agreement herein and shall survive after the expiry or earlier termination hereof.
7) In the event of any dispute or discrepancy arises in relation to the payment and/or account of the commissions, we shall have the right to determine and you shall be bound by our decision in which our decision shall be final and conclusive.
8) Without prejudice to other clauses contained herein, we shall not in any manner whatsoever be responsible or liable for any actions, claims, suits, demands, judgments, losses, costs, expenses and/or damages that may be taken against you arising as a result of your own negligence, acts and/or omissions and/or your failure to observe the terms and conditions herein. You further agree to fully indemnify and hold us harmless at all times from and against any and all actions, claims, suits, demands, judgments, losses, costs, expenses and/or damages whatsoever resulting and/or arising thereof and/or to any breach of these terms and conditions by you.
9) The relationship between the parties is that of independent contractor and nothing contained herein shall be construed to create a representative, agent, joint venture or agency relationship between the parties. You do not have the authority to act for, bind and commit for us.
10) We reserve the rights to amend and/or revise the terms and conditions herein from time to time at our sole and absolute discretion and the changes and/or amendments shall take effect immediately upon the same are posted and/or published in this website herein.