All
information on the services and products
of the 1000Club (description of the
services, of the goods, indication of
the prices, availability, etc...) and
stipulations or bindly juridically
declarations [General
Conditions of Adhesion,
Mandate of Sell or
Research, Contrat of
affiliation Independent Business Partner,
Charter of Quality
& Ethics,
Dynamic Business
Plan (hereafter also, "DBP"),
Confidentiality & Private Life] are
specified on Internet at the address:
www.1000club.com.
These data constitute the bases of all
the contracts concluded with the
Networker for the 1000Club and EREGEX
services and the products selection.
The request
for adhesion as Independent Business
Partner (hereafter, called "IBP") is
validated by the Networker by the
setting on line of the personalized URL
address of the IBP, on the model:
www.1000club.com/club/login and
www.eregex.com/login (or all other
models chosen by the Netwroker).
This setting on line offers advantages
to the IBP which, on the other hand, is
committed respecting the present ones
and future conditions and procedures.
Any violation of the conditions and
procedures, just as that of the Charter
of Ethics, can have for consequence, on
the Networker decision ...
(a) the exclusion of the 1000Club
International;
(b) the cancellation of this affiliation
agreement with immediate loss of the
incomes envisaged by Dynamic Business
Plan without compensation nor damages;
(c) any other sanction freely considered
relevant by the Networker.
The quality of employee, agent or legal representative of the Networker is not conferred by adhesion as IBP. The IBP supports all the inherent expenses of its public relations independent activity.
To preserve
the trust that exists between Members or
IBP, as well as the conferences between
Members or IBP belonging to different
lineages, IBP is free to conduct several
business at the same time, particularly
in network marketing. However, he
accepts to never communicate any
information to Members or IBP about its
other network marketing activities, or
to recruit Members or IBP of the
1000Club other than those he has
personally sponsored in 1000Club, as
well as not to disclose Members or IBP
coordinates to anyone with the intention
of recruitment. These are grounds for
immediate cancellation without warning.
The IBP must make choices between
businesses and behave in an ethical
manner, respecting the work of all those
who have worked hard to build their
1000Club network.
4.1 - This adhesion on a purely strictly
personal basis, as IBP Affiliate, opens
right to :
(a) advantageous tariffs on the
purchases of personal consumption;
(b) a remuneration proportional to the
purchases and services subscribed by the
Members, customers brought by the IBP (remuneration
being defined exclusively by Dynamic
Business Plan);
(c) the possibility of participating in
the events organized by the Networker
and other IBP.
4.2 - In the event of adhesion by way of
company, the IBP profits from the
additional right to acquire the products
of the 1000Club selection to freely
resell them to its customers, by thus
carrying out an immediate profit, when
the 1000Club tariff allows it. It acts,
with its risks and dangers, as a
independent purchaser-retailer of the
Networker. It does not acquire more
products than necessary and does not
constitute stocks. The Networker fixes
the amount of the annual member
contribution, and the IBP cannot modify
the amount of it. It can however resell
the products at the price which it
wishes.
The responsibility to learn any applicable and relevant legislation belongs to the IBP which accepts it and which is committed to conform to it and to pay all taxes, VAT, social contributions, etc, due under its independent activity.
The IBP must
declare the incomes perceived from the
Networker to the concerned and the tax
authorities (private individuals and
companies).
The Networker could not be considered as
responsible for the non declaration of
these incomes.
The trademarks and comercial names are the property of the Networker, and the IBP agrees to use them only within the limit and in the form authorized by the contract or differently agreed with the prior written agreement of the Networker. The IBP will freely use any promotional document placed at its disposal on the 1000Club Web site, as well as EREGEX one (when it will be on line).
The Networker places at the disposal of the IBP various development tools and a business concept without being able however to guarantee results, which depend on the use made of them by each IBP, its attitude and the regularity of its work.
The IBP
agrees not to make any statement,
allegation, certificates relating to the
products, services and advantages
suggested on the 1000Club and/or EREGEX
Web sites other than those which appear
in their presentation (published by the
Networker which cannot be considered as
responsible of the non respect of this
clause).
Thus, the IBP avoids giving any
testimony other than his own ones
concerning the benefits brought by the
Networker services and the products.
The IBP
agrees not to use all advertising media
(small advertisements included), that if
it were recorded beforehand as a company.
Even in this case, it agrees to use only
the models of publicity which will be
proposed to him by the Networker in the
area reserved for the IBP.
The IBP will not use under any pretext,
without the written agreement of the
Networker, the denomination "1000Club"
and "EREGEX" in any publicity, small
advertisement, interview, e-mail, etc,
otherwise than in the following form:
www.1000club.com/club/IBPlogin and
www.eregex.com/IBPlogin, except if the
document was already published as a
model by the Networker.
The IBP expressly avoids letting believe that its communications, in all forms which they are, emanate from the Networker itself. It avoids using the denomination 1000Club or EREGEX in the object or the contents of the email which it addresses to the other Members for the promotion of its own products or services.
The IBP avoids communicating to whoever its access codes to the IBP reserved services area (ideas of prospection, training scheme, etc) and to the Members, just as the access codes of another IBP.
The IBP are
committed clearly informing the new
1000Club Members and IBP of the
sanctions which will be taken in their
connection (of which their exclusion in
particular) if they try:
- To insert any profile or photographs
other than those relative to themselves
or their personal experiments in the
data bases and the magazines of the
1000Club by using their Login and
password (strictly personal delivered).
- To box the amount of the contribution
of another Member or IBP on behalf of
the Networker.
- To resell their strictly personal
Login and password of Member.
The IBP avoids practising any SPAM to promote the 1000Club and/or EREGEX, or to SPAM other 1000Club Members or IBP.
The IBP avoids claiming others any counterpart that those envisaged by the Networker within the 1000Club and this affiliation contract to be able to become Member and/or IBP. It also avoids collecting the amount of the contributions on behalf of the Networker. Any payment of annual contribution must be done, by each Member and/or IBP, directly to the Networker.
The IBP accepts that the Networker exerts a right of exclusive ownership on its IBP and Members network.
The IBP admits having the whole responsibility for the information contained in all promotional supports which are not produced by the Networker. As well as the SPAM or that the disclosure of confidential password, it also recognizes that if it uses supports or documents non in conformity with the above mentioned conditions, or other applicable policies of the Networker and with any local legislation, it runs the risk of an exclusion as 1000Club's IBP and/or Member, or of any other sanction considered suitable by the Networker.
The Networker uses video to promote the Members and the IBP in the form of clips on CD, DVD or any other numerical support, like on the Internet. According to the cases, this advertising service is not free, even if it ensures at the same time its own promotion.
THE IBP
YELDS, GRACEFULLY AND WITHOUT FINANCIAL
OR ANY OTHER COUNTERPART, RIGHTS
CONCERNING THE USE OF ITS IMAGE AND THAT
OF ITS ARTISTIC OR DIFFERENT CREATIONS
IN NONADVERTISING REPRODUCTION AND, MORE
PRECISELY, FOR ANY PUBLICITY WITHOUT
PURCHASE OF SPACE INCLUDING ANY 1000Club
PROMOTION (CD MARKETING, DVD, Etc, PUT
ON LINE ON INTERNET, AIMING TO THE
1000Club PROMOTION).
The IBP is committed not prohibiting the
publication of a photograph or the
commercial diffusion of a video of its
person, nor not to claim any financial
compensation or remuneration for this
publication, diffusion or marketing,
even in the event of non renewal of its
adhesion or its exclusion of the
1000Club.
The IBP is committed to never
reconsidering these conditions.
Its participation to a 1000Club event
implies a behavior which it estimates
worthy to be published.
The Networker can modify any support
freely where a IBP would appear, and in
particular to withdraw an erased IBP of
any promotional video.
The IBP is committed marketing the products and services of the Networker selection only in the countries where the Networker deliver them expressly, and it recognizes that such an act would cause irrevocable damage to the Networker. It would also cause him irrevocable damage in the event of ostentatious declaration of profits or guarantees of incomes, explicitly or implicitly.
The IBP is
forbidden to market (outside the
Networker) products or services of
subcontractors and/or commercial/technical
partners of the Networker, even during a
period of three (3) years after the end
of the present contract.
The IBP also refrain from contacting and/or
dealing directly or indirectly (outside
of the contractual relationships with
the Networker) with subcontractors and/or
commercial/technical partners of the
Networker, and he cannot claim them for
its contribution of customers any kind
of compensation in any form whatever.
The IBP agrees, during the periods of
the present contract as well as during
three (3) years after the end of this
contract, to keep confidential any
information regarding the names and
addresses of subcontractors and/or
commercial/technical partners of the
Networker, and is liable to prosecution
for the injuries suffered by the
Networker in the case of disclosure.
All remuneration of the IBP resulting
from its contribution of customers (even
directly to the subcontractors and/or
commercial/technical partners of the
Networker) will be exclusively treated
by the Networker, according to its terms
and conditions of remuneration, after
its own cashing of the corresponding
sums which had by its subcontractors and/or
commercial/technical partners on the
businesses treated by customers brought
by his network of IBP.
The IBP acts in an independent way, as a
contributor of businesses of the
Networker, and cannot be juridically
related in any manner to the
subcontractors and/or commercial/technical
partners of the Networker.
In the event of possible Internet link
between the personal Web sites of the
IBP and those of the subcontractors and/or
commercial/technical partners of the
Networker, the IBP recognizes that the
remuneration which will resulting from
it will be dealt exclusively by the
Networker, according to its terms and
conditions.
The IBP cannot assert direct
remuneration, in any form that it is,
from the subcontractors and trade or
technical partners of the 1000Club from
which he is totaly independent.
The Networker agrees to carry out the payment of remuneration due to the IBP under the terms and the conditions of this contract and according to the conditions and procedures of Dynamic Business Plan.
In the event of payment by bank card, the Networker will pay remuneration only when the payment by bank card will be out of delay for dispute or renunciation.
The IBP is committed carrying out no fraudulent payment, nor to use the bank card of a third to regulate any payment on a purely personal basis or for the account of others, except to expressly inform by e-mail the Networker of it.
Moreover, it is committed checking that its personal IBP godsons, of which it stands as guarantor, do not derogate from this last rule.
The IBP
admits being informed that it can obtain
all information necessary to the
exercise of its activity :
(a) On the 1000Club Web site.
(b) During seminars of formation
animated by the Networker or other IBP
duly approved as 1000Club trainers.
(c) Near its godfather or of any member
of his IBP upline of support. It has to
go to the information retrieval. It has
to make this step himself.
It is recommended to the IBP (which co-opts some another) to communicate to the new IBP (at least by email or phone, if the distance does not allow a direct contact) all information necessary to the exercie of its activity. Just as it is highly advised to him to present the 1000Club and its advantages at a score of contacts of the new personally co-opted IBP (in its presence to show him how to duplicate it int he future).
Networker
can terminate this contract when it
wants by written notification 14 days
before (by email or mail) or on through
an anoucement on the 1000Club Web site
and can terminate the incontinent
contract if the IBP breaks an
unspecified provision of the contract.
The IBP can put an end constantly with
the contract without penalty by giving
written notification by Registered
Letter with Acknowledgement of Delivery
of its cancellation with balance of any
account addressed to :
Kadima Inc. - c/o Marc Planchette - Le
Continental C - Place des Moulins -
MC98000 Monaco.
It can also inform the Networker of its
intention by electronic mail to be sent
to 1000Club e-mail address or via our
form of contact
by choosing the heading "Others". The
parts recognize however that this
specific electronic mail does not have
legal value in the event of cancellation
by the IBP.
The cancellation starts the day on which
the written notification of the IBP by
registered letter with acknowledgement
of delivery duly arrived to the
Networker. No legal formality is
necessary.
The IBP must be ensured, before its
contract will be terminated by Networker,
to have asked in writing for its account
balance. Other wise, the amount of money
possibly preserved on its electronic IBP
account would be definitively lost with
the obliteration of its data.
The exclusion of an IBP (as a 1000Club Member and IBP) will be communicate by the Networker to the IBP by email (to its last email address registered in its IBP Account) or by registered letter with acknowledgement of delivery.
In the event of exclusion, the IBP is automatically erased as Member and it accepts that the Networker publishes its name, its personal photographs, the reasons for its exclusion, just as of the elements which motivated this exclusion. This publication will be made in a data base accessible only to the 1000Club Members, on the 1000Club Web site for a period of ten (10) years from its notification (this in order to allow the other members to be informed of the intrigues of the IBP which do not fit with required ethics). This exclusion could also be notified by the Networker to the other IBP and Members by every tool of its choice.
The IBP avoids beeing part of a competitor business network of the 1000Club, i.e. more precisely of a businesses network, which offers any form of remuneration for the co-optation of new members.
In this case, the IBP will be excluded and erased as IBP and Member with loss of all his rights, advantages and remuneration, without being able to claim with an unspecified form of remuneration or compensation on the other hand.
The Networker reserves the right to proceed to changes or modifications to the contract with a thirty (30) days notice by communicating information on its Internet Web site (in particular in the Partners Mag) or by any other means of its choice. The IBP accepts that the aforementioned changes and the aforementioned modifications take effect thirty (30) days after their notification on the 1000Club Web site and that they are automatically integrated into the contract as obligatory and applicable provisions.
The IBP took note that the Networker will be able to charge on its IBP account some material expenses and annual services to cover the direct annual costs of materials and services making it possible to provide to the IBP the data carriers necessary, and it accepts it. If the IBP would cease its activity, it agrees not to receive any refunding under these expenses.
The renewal of the quality of IBP is automatic at the dates envisaged, and the Networker will be able to freely output the electronic account of the IBP or to be regulated contribution of IBP by any other means of its choice, except cancellation express of this contract at least two months in advance by the IBP. This cancellation will have to take place by Registered Letter with Shown Reception addressed to the Networker to the specified address of this agreement. The postmark being taken.
In the event of non payment of its contribution by an IBP at the renewal date, the member will irremediably lose his quality of IBP, with all the consequences that it implies, in particular the irreversible loss of all his rights and advantages, as of the remuneration which was possibly due to him under its quality of IBP.
The IBP admits duty ensuring itself, without the 1000Club informed him in advance, of the renewal of its contribution at the envisaged date.
Any eigtheen (18) years old person can make an electronic request on the 1000Club Web site to become IBP. This request must be validated by the Networker which can refuse without justification any request of its choice. By its acceptance, it makes active the login of affiliated of the applicant and thus allows him to profit from the services reserved to the IBP. The IBP is consequently committed using these services offered by the Networker only for exclusive promotion and the development of its 1000Club business.
In the event of non-payment, the Networker will suspend its services and its deliveries in progress and will apply post maturity interest to the statutory rate. Following the sending of a registered letter with acknowledgement of delivery, followed of a setting in residence after time of fortnight, the IBP accepts that all money sums due to the Networker can be deduced from the amount of its remuneration. The expenses of recommended with acknowledgement of delivery will be also deduced from the account of IBP.
This contract which binds the IBP to the Networker can be transferred, assigned or differently transferred with the prior written agreement from the Networker.
If one of the provisions of the contract is inapplicable, the remainder of the conditions will not be affected and will remain legally and completely applicable.
Any
controversy or request resulting from
the present or y related, or any rupture
of the aforesaid contract, will be
solved and regulated by :
(a) mediation with the indicated
authorities, in the buildings of the
Networker; or
(b) if the litigation is not regulated
by mediation, by arbitration, in
accordance with the rules such that they
appear in international commercial
Arbitrations.
The Networker will decide if the
arbitration will proceed in Monaco. The
arbitration will proceed in French, but
with the request and the payable
expenses in advance by the IBP, it will
be possible to translate documents and
testimonys in another language. A
referee will be designated to hear and
to judge the litigations within the
framework of this provision, it will be
chosen by mutual assent between the
parts. The parts will support each one
the costs and the expenses in equal
shares of the fees of the referee and
the expenses of arbitration. None the
parts nor the referee can reveal the
contents or the results of any
arbitration carried out within the
presents without the prior written
agreement of the two parts. The
judgement related with any award cannot
be given in a court of competent
jurisdiction.
The arbitration judgement cannot be
disputed in front of a court. The two
parts accepts it without possible
recourse.
The contract
(including this agreement) is translated
in another language that French for the
only suitability of the IBP. The French
version of the contract will be checked
under all its aspects. No translation in
another language could be used to
interpret nor to translate in another
direction this contract.
Only this version of the contract is
valid and binds the parts. Any other
version, in some form that it is (PDF
document including), will have only one
informative value. The two parts are
thus invited to print its last update to
refer to it.
The IBP is committed never not
reconsidering the conditions of this
contract.
LEGAL WARNING
Ensure you that you have attentively read and that you took note of the Dynamic Business Plan.
Take into
account the following points ...
(a) It is judicious to take council near
an independent expert before engaging
you.
(b) you do not let incite to conclude
the contract by the promise of easy
benefit.
(c) No transaction is free from risk. Do
not conclude more goods than you will
not be able to honour over one
reasonable period.
YOU CAN DENOUNCE THIS WRITTEN CONTRACT.
YOU HAVE FOR THAT A (7) SEVEN DAYS
DEADLINE FROM TODAY. THE POSTMARK
CONSTITUTES A REASONABLE EVIDENCE OF
RESPECT OF NOTICE. ADDRESS YOUR
CANCELLATION BY REGISTERED LETTER WITH
ACKNOWLEDGEMENT OF DELIVERY TO THE
COMPANY: KADIMA INC., C/O MARC
PLANCHETTE, LE CONTINENTAL "C", PLACE
DES MOULINS, MC98000 MONACO.
I undersigned, attest by my acceptation to have entirely read and understood the contract and to agree to it in all points, and certifies to have taken knowledge of the right of cancellation.
The fact of clicking on "I have read and I acccept this contract" implies the full and whole acceptance of this affiliation contract and to affix my electronic signature.
TO PROFIT FROM YOUR OWN PERSONALIZED URL ADDRESS OF THE 1000Club WEB SITE, TO REGISTER NEW MEMBERS AND EARN MONEY ACCORDING TO OUR DYNAMIC BUSINESS PLAN, PLEASE...