- Ubuntu Connect Business Partner’ General Acknowledgement.
I understand and acknowledge that as an independent, fully paid up Business Partner of UBUNTU CONNECT (“Ubuntu Connect” or the “Company”):
(a) I have the opportunity to purchase products and services from Ubuntu Connect or its partners;
(b) I have the right to offer for sale Ubuntu Connect products and services, without the individual approval of each sale by Ubuntu Connect, but in accordance with this Acknowledgement, the Ubuntu Connect Policies & Procedures and the Ubuntu Connect Compensation Schedule (all of which are collectively referred to as the “Agreement”);
(c) I have the opportunity to enrol persons as Business Partners of Ubuntu Connect;
(d) I will assist, train, and motivate the Business Partners that I enrol;
(e) I will comply with all applicable municipal laws, ordinances, rules, and regulations, and shall make all reports and remit all returns or other deductions as may be required by any municipal law, ordinance, rule or regulation;
(f) I will perform my obligations as a Business Partner with honesty and integrity;
(g) I will only use the sales materials and order forms which are provided by Ubuntu Connect for the sales of its products and services; and
(h) I will procure leads for both customers and other Business Partners on my own without the assistance of the Company; and
(i) I understand that the Company does not provide leads to me.
- Compliance with Ubuntu Connect Materials.
As an Ubuntu Connect Business Partner, I agree to accurately present:
(a) the Ubuntu Connect Business Opportunity to current and prospective Business Partners; and
(b) Ubuntu Connect products and services to current and prospective customers in a manner consistent with, and in accordance with, the Agreement and any terms of sale provided by Ubuntu Connect in the Online Business Centre.
As part of the foregoing, I will make no claims regarding potential income, earnings, health benefits, or the features of products or services beyond what is stated in official Ubuntu Connect marketing material. Except as allowed in the Ubuntu Connect Policies & Procedures, unless I have received express written permission from Ubuntu Connect, I will not:
(a) use, produce, create, publish, distribute, or obtain from any source other than Ubuntu Connect, any literature, recordings (audio, video, or otherwise), or sales aids relating to Ubuntu Connect products, services, or the Ubuntu Connect Business Opportunity;
(b) use or display any Ubuntu Connect or Ubuntu Connect partner trademarks, trade names, logos, designs or symbols; or
(c) advertise Ubuntu Connect products, services, or the opportunity to become an Ubuntu Connect Business Partner.
- Independent Contractor Relationship.
I agree that as an Ubuntu Connect Business Partner, I am an independent contractor (direct seller) and not an employee, agent, partner, legal representative, or franchisee of Ubuntu Connect. As a result, I understand and agree that:
(a) I am not authorised to and will not incur any debt, expense, obligation, or open any account on behalf of, for, or in the name of Ubuntu Connect;
(b) I will control the manner and means by which I conduct sales as an independent Ubuntu Connect Business Partner, subject to my obligations to comply with the Agreement;
(c) I will not be compensated based on hours worked, but on a commission basis for products and services sold as set forth in the Ubuntu Connect Compensation Schedule;
(d) I will be solely responsible for paying all expenses I incur, including but not limited to advertising and marketing, travel, food, lodging, secretarial, office, long distance telephone, and other expenses;
(e) I shall not be treated as an employee of Ubuntu Connect for any tax purposes;
(f) Ubuntu Connect is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, any taxes of any kind, unless such withholding becomes legally required;
(g) I shall be bound by all tax collection agreements between Ubuntu Connect and all appropriate taxing authorities, and all related rules and procedures; and
(h) I am not eligible for unemployment compensation, medical benefits, sick pay, leave pay nor any type of pension plan.
- The Business Partner Has Read and Understands the Agreement.
I have carefully read and agree to comply with the Agreement, including without limitation, the Ubuntu Connect Policies & Procedures and the Ubuntu Connect Compensation Schedule. I understand that I must be in good standing, and not in violation of any of the terms of any of the Agreement in order to be eligible to receive any bonuses or commissions from Ubuntu Connect. I understand that the Agreement may be amended from time to time by Ubuntu Connect, and I agree that any such amendments will apply to me as set forth in the Ubuntu Connect Policies & Procedures.
- Terms of Relationship.
The initial term of Ubuntu Connects appointment of me to act as an independent Ubuntu Connect Business Partner shall commence on the date my payment clears in the Ubuntu Connect bank account and this Acknowledgement as accepted by me is accepted by Ubuntu Connect, to the same date of the following year. Thereafter, the term shall be governed by the provisions of the Ubuntu Connect Policies & Procedures.
- No Assignment Permitted.
Except as provided in the Ubuntu Connect Policies & Procedures, I understand and agree that I may not assign any rights or delegate my duties under this Acknowledgement nor under the Agreement without the prior written consent of Ubuntu Connect.
- Failure to Comply with Agreement, Cancellation, Termination, Non-Renewal.
I understand that if I fail to comply with the terms of the Agreement, Ubuntu Connect may, at its discretion, terminate my right to continue as an Independent Ubuntu Connect Business Partner or impose upon me other disciplinary action, as provided in the Ubuntu Connect Policies & Procedures. If I am in breach, default, or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. If my rights as an Independent Ubuntu Connect Business Partner are cancelled, terminated, or not renewed for any reason, I will forever lose my rights as an Independent Ubuntu Connect Business Partner, including, without limitation, all rights to compensation pursuant to the Ubuntu Connect Compensation Schedule. If I fail to pay for products and services when payment is due, I authorise Ubuntu Connect to withhold the appropriate amounts from my bonus or commission payments, to debit my credit cards, or debit my bank accounts, if any, which I have authorised Ubuntu Connect to debit.
- Waiver of Liability.
To the maximum extent permitted by law, Ubuntu Connect, its directors, officers, shareholders, employees, assigns, successors, and agents (collectively referred as “partners”), shall not be liable for, and I release Ubuntu Connect and its partners from, and waive all claims for any loss of profits, indirect, direct, special, or consequential damages or any other loss incurred or suffered by me as a result of any of the following:
(a) my breach or failure to comply with any portion of the Agreement;
(b) any promotion, operation, or other actions by me that violate any of the terms of the Agreement;
(c) any incorrect or wrong data or information provided by me; and
(d) my failure to provide any information or data necessary for Ubuntu Connect to operate its business. I agree that the entire liability of Ubuntu Connect and its partners for any claim whatsoever related to my relationship with Ubuntu Connect, including but not limited to, any cause of action sounding in contract, tort, or equity shall not exceed, and shall be limited to, the sale price of the products and services I have purchased from Ubuntu Connect under the Agreement within the past twelve (12) month period.
I agree to indemnify, hold harmless, and for any third party claims, defend at my expense, Ubuntu Connect and its partners against any and all claims, losses, demands, liabilities, judgements, attorney’s fees and all other expenses arising or alleged to arise in connection with my activities as a Independent Ubuntu Connect Business Partner or any breach or failure by me to comply with any portion of the Agreement.
- Entire Agreement.
This Acknowledgement, along with all of the portions of the Agreement, constitutes the entire contract between Ubuntu Connect and me. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
To the extent of any conflict or inconsistency between this Acknowledgement and the Ubuntu Connect Policies & Procedures and the appendices thereto, the terms of the Ubuntu Connect Policies & Procedures and the appendices thereto shall in all instances supersede and prevail.
- No Waivers.
Any waiver by Ubuntu Connect of any breach or failure by me must be in writing and signed by an authorised officer of Ubuntu Connect. Any written waiver by Ubuntu Connect of any breach or failure by me shall not operate or be construed as a waiver of any subsequent breach or failure.
In the event that any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the Agreement will remain in full force and effect.
- Governing Law; Venue, and Arbitration.
This Acknowledgement will be governed by and construed in accordance with the laws of South Africa. As set forth in Sections 13.3 and 13.4 of the Ubuntu Connect Policies & Procedures, certain disputes between me and Ubuntu Connect will be governed by arbitration and all disputes will be heard in arbitration or in court in the Randburg Magistrates Court, South Africa. I agree I have reviewed Sections 13.3 and 13.4 of the Ubuntu Connect Policies & Procedures and will comply with its requirements.
- Consent to Use of Personal Information.
I consent to Ubuntu Connect’s collection and use of my personal information in connection with Ubuntu Connect’s business operations. My personal information may be used by Ubuntu Connect to consider and approve or reject my application. If approved, Ubuntu Connect may use my personal information for the processing of orders submitted by me, including payments due to me. My personal information may also be used to conduct analysis and reviews to assist Ubuntu Connect in assessing and revising its product and service offerings as well as its methods of operation. I acknowledge that my personal information will be shared with Ubuntu Connect partners.
- Consent to Receipt of Email Communications.
I specifically consent to the receipt of email and other forms of electronic communications from Ubuntu Connect, and agree to execute and deliver to Ubuntu Connect, upon request, any further waivers, agreements, consents, and acknowledgements as may be required or requested by Ubuntu Connect from time to time to ensure or confirm compliance with the Can Spam Act and other similar laws. You can opt out of these email communications at any time by clicking the UNSUBSCRIBE link in any email received.
- Consent to Receipt of SMS Text Communications.
By providing your cellular telephone number to Ubuntu Connect you are expressly consenting and authorising Ubuntu Connect to deliver or cause to be delivered to you advertising or telemarketing text messages, SMS messages, and other similar electronic messages using an automatic telephone dialling system or an artificial or pre-recorded voice to the mobile number provided in this agreement or in any other subsequent communications with Ubuntu Connect or its partners. You are not required to consent and authorise Ubuntu Connect (whether directly or indirectly) to provide you with these electronic telemarketing messages as a condition of purchasing any products, goods, or services. Based upon current business practices, it is anticipated that you will receive approximately 10 text messages from Ubuntu Connect per month about promotions, products, events and the latest news. Message and data rates may apply. You can opt out of these messages at any time by replying to one of the messages received with the response STOP.
- Agreement to Refrain from Discrimination.
I agree that I shall not engage in any discriminatory practices, including sexual harassment and harassment based upon race, sex, national origin, religion, disability, age or any other protected characteristic. I understand that harassment of employees, other Business Partners, customers, including harassment because of race, colour, religion, creed, national origin, ancestry, citizenship, age, sex, pregnancy, marital status, disability, sexual orientation, military or veteran status or any other status protected under applicable laws, is unacceptable and will not be tolerated. In keeping with this commitment, I will not tolerate, and understand that Ubuntu Connect will not tolerate, the harassment of Business Partners by anyone, including any other Business Partner, employee, vendor, client, contractor, or customer.
- Confidentiality Obligations.
I understand and agree that the Ubuntu Connect Policies & Procedures obligate me to keep all confidential information of the Company in the strictest of confidence and I agree to comply with those obligations.