I understand that there is no requirement beyond filing of this application, and no purchase of referral or training materials is required to become a Pandora Financial Services Ambassador (PA) other than the purchase of an Ambassador Launch Kit. I acknowledge that any purchase of referral aids, training materials or training is strictly voluntary. I also understand that, if I choose to refer others to participate in PFS’ Compensation Plan, I will not receive any compensation whatsoever for the act of referring, and that I will be compensated based upon the activities of PFS only where draw down of a loan occurs by customers. I acknowledge that, if I am executing this agreement on behalf of a company of any kind, I nevertheless remain personally responsible for the performance of all of the duties and obligations described in this agreement.
1. I acknowledge that the Terms and Conditions of this PFS application, the Compensation Plan and the PFS Policies and Procedures incorporated herein by references constitute the entire agreement (the “Agreement”) between parties here to.
2. I understand that this Agreement is not binding until received and accepted by PFS. I agree to timely pay for any products, materials, services or other items that I purchase from PFS. In the event that I am delinquent with respect to such payments, I acknowledge that PFS may offset such debt from any monies owed to me under the Compensation Plan.
3. I agree that I am an independent contractor and, as such, I am responsible for my own business . I am not an Agent, representative, legal representative, partner, franchisee or employee of PFS. I agree that I will not be representing in any manner that I am an Agent, representative, legal representative, partner, franchisee or employee of PFS or that I have any authority to bind PFS. I will not be treated as an employee for purposes of any federal, state or local statute, regulation or other law.
4. I may terminate this Agreement for any reason or no reason, at any time, by giving PFS prior 10 days written notice at its address on record and pay out my loan. PFS may terminate this Agreement pursuant to its Policies and Procedures or in the event that I breach any part of this Agreement. This will not affect any accrued rights or obligations that exist at termination or any obligations which apply expressly following termination. Please refer to our policies and procedures for additional information.
5. I acknowledge that, as a PA, I am not guaranteed any income, nor am I assured any profits or success, and I certify that no claims of guaranteed profits or representations of expected earnings that might result from my efforts as an PA have been made by PFS or my sponsor. I shall not represent directly or indirectly that any person may, can or will earn any stated gross or net amount, nor that sponsorship of other PAs is easy to secure or retain, or that substantially all PAs will succeed.
6. I acknowledge that I must not undertake credit activities (as that term defined in the National Consumer Credit Protection Act 2009) during the term of this agreement.
7. Payment by the PA of the annual renewal fee will fall due on the day after the PA’s anniversary date of the loan draw down The annual fee is for services provided by PFS which include but are not limited to tracking of personal customers, tracking of downline PAs and accounting services. The PA can obtain a renewal application from the PFS website. Renewal application and fee must be received by PFS no later than 30 days after the PA’s anniversary date, failing which, deactivation of the PA position will occur, resulting in the forfeiture of future bonuses, commissions or other payments from PFS. For your convenience, PFS will charge the credit card on file for your annual renewal fee on your anniversary date. Initial here to consent __________________
8. I acknowledge that my PA relationship with PFS is not exclusive.
9. In the process of selling or otherwise promoting the products that PFS markets, I agree that I, as a PA, will operate in a lawful, ethical and moral manner and I agree to make no false or misleading statements regarding the various relationships between PFS, the said contractors, businesses or suppliers, or me and the products. Violation of this covenant is a terminable offence under this Agreement. But loan is with lender?
10. I understand that during any investigation by PFS with respect to any breach of this Agreement (including but not limited to PFS’ Policies and Procedures), my referral agreement may be suspended by PFS and any payments which may otherwise be owing to me shall be escrowed until final resolution has been achieved. I acknowledge that, in the event of my violation of this Agreement (including but not limited to PFS’ Policies and Procedures), this Agreement may be terminated and, if terminated, no further commissions, rewards or payments of any kind will be made to me.
11. I agree to keep accurate records. I further agree to abide by all federal, state and local laws and regulations governing the referral or solicitation of the products marketed by PFS, including but not limited to, any and all permits and licenses required to perform under this Agreement.
12. To the extent permitted by law, neither PFS, nor any contractor, business or supplier with whom PFS transacts or contracts shall be liable under any circumstances for any damage or loss of any kind, including indirect, special, punitive, compensatory, or consequential damages, losses or profits which may result from any cause, including but not limited to, breach of warranty, delay, act, error or omission of PFS or any contractor, business or supplier, or in the event of discontinuation or modification of a product by PFS. I understand that the obligations of PFS are limited to the performance of best efforts to process customer application for approval of requested services in accordance with credit policy of lender.
13. I understand that, as an independent PA, I am free to select my own means, methods and manner of operation, and that I am free to choose the hours and location of my activities under this Agreement, subject only to the terms of this Agreement, including all PFS Policies and Procedures.
14. I acknowledge that PFS’ products shall be subject to change at any time with notice to you.
15. Privacy: The personal information that I provide on this PA application will be used by PFS to establish and maintain a relationship with me, including to create and maintain my PFS account; respond to my queries and provide other support; to process my orders; to make reward, commission and bonus payments and to keep me informed of new products and services. My personal information will also be shared with my referrer and others in my upline. PFS may also disclose my personal information to third party services providers, such as payment processors and order fulfillment companies which PFS has entered into contractual arrangements with for the provision of PFS products and services to me. PFS’ privacy policy at (http://pandorafinancialservices.com.au) contains further information about the above as well as information about how I may access and seek correction of my personal information held by PFS; how I may complain to PFS about any privacy concerns and how PFS will respond to my complaint. n accordance with changes in Loan term & condition? PFS Privacy Officer may be contacted at [email protected]. PFS’ Compliance Department may be contacted at [email protected].
16. PFS shall periodically make various sales literature, promotion materials, training and other products or services available. I, however, am under no obligation to purchase any quantities of those materials or services at any time. Rather, I will have the option to order and purchase any materials or services which I may choose.
17. I agree to indemnify and hold PFS, its shareholders, directors, officers and employees, as well as any contractor, business or supplier, harmless from any and all claims, damages, and expenses, including any attorneys’ fees, arising out of my actions or conduct in violation of this Agreement (including the Policies and Procedures). In the event a dispute shall arise between myself and PFS as to our respective rights, duties and obligations arising out of or relating to this Agreement (including the Policies and Procedures), it is agreed that such disputes shall be exclusively resolved through binding arbitration.
18. This Agreement shall be governed by the laws of the State of Victoria and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State.
19. I understand and agree that the Policies and Procedures are binding upon me. I further acknowledge that PFS fully reserves its right to modify this Agreement, (including the PFS Policies and Procedures and Compensation Plan) at any time by providing me with written notification to my email address on record, or published on the PFS website (www.pandorafinancialservices.com. au) or such modifications through other electronic, written or verbal communication from PFS. For purposes of this Agreement, my address as indicated on this agreement shall be deemed to be my correct address unless and until written notification of a change of address is provided by me to PFS.
20. This agreement shall be binding upon and inure to the benefit of heirs, successors and permitted assigns of the parties hereto. I may not assign any rights or delegate my duties under this Agreement without the prior written consent of PFS. I understand that any attempt to transfer or assign this Agreement without the express written consent of PFS renders this Agreement voidable at the option of PFS and may result in disciplinary action. If any provision of the Agreement is determined by any authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provision or portions thereof shall not be affected thereby.
21. During the term of the Agreement, PAs may not, directly or indirectly, sell to or solicit other products or services that may be offered by PFS through any person or entity other than that specifically designated or approved in writing by PFS. I shall not, during the term of the Agreement, and for a period of one (1) year thereafter:
a. directly or indirectly, divert, entice, knowingly call upon, sell or solicit, take away or move any customer of PFS, inside the PFS organization or elsewhere, whether or not the PA originally procured or brought such customer to PFS (such activities are collectively referred to herein as ‘Solicitation’).
b. enter into a direct marketing relationship with any competitor of PFS.
c. solicit a PFS PA (except for a PA who was personally sponsored by the former PA), whether active, inactive, individual or entity, to participate in a network marketing program offered by any other company, regardless of whether or not such network marketing company offers competing products or services. All customers solicited by me on behalf of PFS are deemed to be customers of PFS, and not of me. I understand that all nonsolicitation prohibitions may be strictly enforced, and that PFS’ corporate affiliates and suppliers shall be third party beneficiaries of these prohibitions. PFS is willing to entrust proprietary and confidential customer, vendor and corporate information to me only subject to the terms and conditions set forth herein, that such intellectual property is and remains the exclusive property of PFS, and I acknowledge and agree that PFS has conditioned its disclosure of any such information on my compliance with the terms and conditions of this Agreement. Without limiting in any way PFS’ right to pursue all rights and remedies available to it, violation of this covenant and condition will result in, but is not limited to forfeiture of all current and future commissions and payments of any kind.
22. I acknowledge and agree that the name “PANDORA FINANCIAL SERVICES” and other names as may be adopted by PFS are owned by PFS. I will not use any of its trade names, trademarks, designs, symbols, domain names or any derivatives of such marks in any manner without the prior, written permission of PFS.
23. I acknowledge and agree that upon the expiration or termination of this Agreement for any reason, I will immediately cease the use of any trade names, trademarks, trade names, designs or symbols of the PFS family of companies (or an affiliate of PFS) or any derivatives of such marks. Without limiting the above, I acknowledge and agree that I will immediately cease any use, publication and distribution of any and all promotional or informational material whether in writing or any other media (including websites, blogs etc) with respect to, or which refer to PFS’ products, PFS, the PFS family of companies, any PFS affiliates or the manufacturer of PFS’ products. In the event that I breach this clause and I fail to remedy the breach within five days of receiving written notice of that breach from PFS, I hereby appoint PFS (or its delegate) to be my Agent and representative holding any and all rights necessary to remedy any such breach or failure on my behalf. I acknowledge and agree that any action undertaken to remedy such breach or failure will be at my sole expense, including but not limited to, the removal of my web content on websites hosted by third parties. For the avoidance of doubt, this clause shall not derogate from any other rights that PFS may have under contract or applicable law.
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