A sponsoring Associate is obliged to fairly and fully explain the marketing plan to all prospective Associates, Making sure to stress that the degree of success is directly related to individual effort and ability.
CROSS LINING
Cross lining or cross sponsoring is where an associate solicits other MiKi Kard associates who are not in their team or line of sponsorship to become an associate in their team. MiKi Kard associates may NOT introduce other MiKi Kard associates to other similar opportunities.
Cross lining is strictly prohibited in MiKi Kard and may result in the imposition of penalties including immediate termination of the Associate’s License key and participation in the MiKi Kard rewarding social networking program.
MULTIPLE PURCHASES OF MIKI KARD LICENSE KEY/ MULTIPLE POSITIONS
MiKi Kard Associates may choose to purchase more than one MiKi Kard License key and hence obtain additional positions in the rewarding social networking program. MiKi Kard recommends that any additional positions in the rewarding social networking program are treated a separate entities rather than as one group entity.
Please note that MiKi Kard does NOT encourage the purchase of multiple MiKi Kard License keys to participate or advance in the rewarding social networking program. Any associate who advises prospective applicants of anything otherwise will be in violation of this agreement and subject to penalties as set forth herein.
RELATIONSHIP OF ASSOCIATE TO MIKI KARD
Associates representing MiKi Kard are known as independent marketing consultants, and have no authority to bind the company to any obligations. The relationship between Associates and MiKi Kard is established only by this Agreement. An Associate is not an agent, employee or any other legal representative of MiKi Kard or its service providers.
Associates are solely responsible for all self-employment taxes and any federal, state, local or other taxes that may be due as a result of their MiKi Kard business activities. Marketing Consultant agrees to abide by any national, federal, state, provincial, county or local laws, rules and regulations pertaining to this Agreement. At Associate’s own expense, Associates will make, execute and file all such reports and obtain such licenses as are required by law or public authority with respect to this Agreement.
TRADEMARKS AND MARKETING MATERIALS
Associates will not use the MiKi Kard trade names and/or trademarks except to promote MiKi Kard. In all such authorized use, Associates will ensure that they represent themselves as an independent representative and that all marketing efforts are the responsibility of the Associate and not the company.
The Miki colour swirl and miki guy are trademarks of the Miki Corporation worldwide and cannot be used by associates for advertising purposes without the express permission in writing from the company. A disclaimer must be on all marketing materials made by the associate stating that they are an independent contractor and associate only of the company.
Any sales and marketing materials supplied by MiKi Kard may NOT be on sold to other parties at a profit and that any purchase of these materials from MiKi Kard does not qualify the associate for any commissions.
MiKi Kard makes no warranty, express or implied, with respect to the use, efficacy or suitability for any purpose with respect to any such marketing material unless otherwise explicitly stated in writing in connection with the purchase thereof.
MEDIA
No Associate may speak for MiKi Kard by way of an interview on radio, television or through the press, including any periodical. If approached for such purpose the Associate should contact Company.
MIKI KARD WEBSITE
On occasion, MiKi Kard will undergo routine maintenance or experience unexpected technical problems. MiKi Kard will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. MiKi Kard may be required to access an Associate’s web site from time to time to provide maintenance. MiKi Kard will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by Associates; or temporary or permanent loss of data.
PROMISES MADE BY MIKI KARD ASSOCIATES
When a associate presents MiKi Kard to others they should understand all aspects of the rewarding social networking program and not make any representation or promise that is not contained in this agreement or in MiKi Kard corporate literature and promotional materials.
If a prospective applicant for License key relies on any promises made by a MiKi Kard associate that is not stated in this Agreement and/or official company materials, and the associate fails to keep any such promise, the Applicant shall only have recourse against the associate and not the company.
If the associate has unfulfilled promises made they have the option of lodging a complaint with MiKi Kard. Upon receipt of such a complaint, the Company will investigate the matter as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Associate. Such action however will not result in any recovery of damages by the Applicant, which the Applicant is free to seek against the offending Associate, not the Company.
ASSOCIATE RIGHTS AND RESPONSABILITIES
Associates who choose to promote MiKi Kard are able to earn rewards through MiKi Kard’s rewarding social networking program. The associate understands and agrees to abide by the Associate Agreement. A Associate understands they are bound by the terms hereof and that the associate will be entitled to participate as a associate upon acceptance of a valid application for License key.
To qualify for rewards through the rewarding social networking program a associate needs to personally introduce two other associates to MiKi Kard who purchase a Mikikard License key. Associate’s are responsible for their own marketing and accept that any rewards earned are the result of consistent marketing efforts. MiKi Kard makes NO guarantees that a associate will qualify or earn the rewards.
Associates are responsible for ensuring any new associates they introduce to MiKi Kard are aware of the policies and procedures, how the rewarding social networking program works, and how to take advantage of the benefits and privileges of the MiKi Kard License key.
Marketing Consultant understands that participation in the Rewarding social networking program does not affect the price of the MiKi Kard License key or any other product or service price. Only those who purchase MiKi Kard License key shall be entitled to receive a MiKi Kard License key card and welcome package and those entitlements that come with that License key.
INCOME REPRESENTATION
Associates understand that any rewards that are offered from MiKi Kard through the rewarding social networking (RSN) program is the result of associates introducing other associates who purchase MikiKard License keys. Advancement in the rewarding social networking program is not based on solely the introduction of other Associates.
No associate may make any promise or guarantee that a associate will derive any specific income or profit from the rewarding social networking program as a associate of MiKi Kard. Any rewards or income a associate receives through the rewarding social networking program is a direct result of the marketing efforts of the associate and any associates in his team. Associates must meet Miki Kard’s KYC requirements in order to receive the benefits of the rewarding social networking program.
MISREPRESENTATION
Associates will not misrepresent MiKi Kard in any manner whatsoever at any time.
The Miki Colour Swirl, MiKi Guy, website title and content is the sole property and trademark of the MIKi Kard Company and use by others is prohibited.
For purposes of this policy, misrepresentation includes, but is not necessarily limited to the following:
1. Reviewing the marketing plan with any person without clearly advising them that no remuneration is received solely for enrolling or sponsoring new Associates.
2. Reviewing the marketing plan with any person without clearly advising them that there is no requirement to pay a fee other than the purchase of the License key and welcome package with a bank fee.
3. Stating that any person has made or may make any specific income through the use of the marketing plan and by the generation of income, whether by specific example, geometric progression, or otherwise. Unless in the same presentation it is stated that said hypothetical or potential earnings, as earnings may vary due to individual efforts, geographic location, timing and many other factors.
POLICY, TERMS AND CONDITIONS CHANGES
Associates agree that MiKi Kard may from time to time make changes to its benefits and privileges, product and services, pricing, rewarding social networking program or to this agreement applicable to all Associates. A associate agrees that the policy terms and conditions my change at any time without prior notice given to Associates. Associates will be made aware of subsequent changes via email to the email address listed in the Associates account. It is the responsibility of each associate to ensure the email address listed in their account is valid. Associates agree to abide by all changes and conditions.
CONFIDENTIALITY
Associates understand that the MiKi Kard marketing plan, details of their progress in the rewarding social networking program, details of their MiKi Kard team Associates, and official company literature are proprietary information and considered trade secrets of MiKi Kard.
Associates hereby agree to not directly or indirectly disclose or use any of said confidential or proprietary information except to specifically promote the Associates independent MiKi Kard business in accordance with the provisions of this Agreement. Associates further agree that this provision shall survive the expiration or termination of this Agreement for a period of one year.
CANCELLATION AND REFUNDS
Should a Associate wish to cancel their License key Agreement with Company the Associate should notify MiKi Kard by E-mail. Once notified there will be no refund of License key money or MiKi E-Wallet credit. If the License key is cancelled, that associate may not apply for a new License key for at least 6 months after Company has received the notice of cancellation. Company reserves the right to cancel a License key Agreement should there be any breach by the associate of the Agreement. License keys are not refundable under any circumstances whatsoever.
INDEMNITY
Marketing Consultant indemnifies and holds MiKi Kard or any of its associated companies, owners, employees, sub-contractors, staff or other associates harmless against all claims made by any third party, and any related damages and expenses, arising out of or connected with the Marketing Consultants conduct, the associate’s website or online store, the goods or service the Marketing Consultant offers or any violation of this agreement by associate.
IMPOSITION OF PENALTY
If a Marketing Consultant breaches any of the provisions of this Agreement, violates any applicable law or regulation or engages in any false, misleading or unfair trade practice, including but not limited to, making misleading income representations or making promises to potential Marketing Consultants that cannot be kept by marketing consultant, (herein called "Violation") any such Violation is grounds for the imposition of penalty, as more fully set forth hereafter.
The Company may suspend the Associates License key, including suspension of cheques, credits and credit transfers or rewards earned at the time, pending investigation of any alleged Violation. The Associate shall be given notice of the alleged Violation by e-mail, fax or other rapid method of communication and shall have seven days thereafter to respond in writing (verbal response will not be considered) to any alleged Violation (s), failing which, the Company can consider the allegations to be true. (It is Associate’s responsibility to see that Company receives the response, with supporting documentation, if any, within the seven-day period.) If at the end of the investigation it is determined that Marketing Consultant is to be penalized, the date of the imposition of the penalty can be, at the Company’s option,
1. The date of the penalty notice
2. The date of the notice of the alleged Violation
3. The date on which suspension, if any, occurred, or
4. Any other current date.
Incomes suspended and/or earned, if any, as of the date of a termination, shall not be paid. Any such payments not paid shall be deemed to be liquidated damages as payment of part of the damages suffered by Company for the Violation. A associate can request that any decision to impose a penalty be reviewed and supply any additional material that may bear on the matter in support thereof within seven days after notice of the penalty is given. Company shall then advise the Associate of its final decision. The Company shall have the option of imposing any one or more of the following penalties for Violations:
• Disabling of business node of Associate;
• Denial or revocation of any achievement awards otherwise earned;
• Denial of sales credit for sales that fall into the team of a cross-sponsored Associate;
• Denial of credit for sales of multiple web sites due to falsely representing need for them;
• Imposition of a fine in an amount to be determined by the Company; and/or
• Termination of the Associate’s Agreement.
RESPONSIBILITY
MiKi Kard or any of its associated companies, owners, employees, sub-contractors, staff or other associates is not responsible for the acts of its Marketing Consultants under any circumstances for their wrongful and illegal activities.
APPLICANT ACKNOWLEDGEMENT
Marketing Consultant acknowledges that Marketing Consultant has read, understands and agrees to the terms set forth in this Agreement. Marketing Consultant understands that this Agreement is not in force until accepted and acknowledged in receipt form and payment has been made.
ANTI-SPAM POLICY
THE MIKI KARD COMPANY HAS A ZERO TOLERANCE ANTI-SPAM POLICY. THIS MEANS THAT ANY TEAM LEADER OR ASSOCIATE OR RELATED PARTICIPANT THAT SPAMS IN ANY WAY, THAT ASSOCIATE SHALL BE IMMEDIATELY TERMINATED WITH ALL RIGHTS, CREDITS AND POSITIONS FORFEITED.
