AMSAV sells Survey and Video Packages and other products and services to budding entrepreneurs and Business Networkers via their web site and online Store. AMSAV comprises a number of facilities, features and benefits, including a newsletter and online shopping mall where clients can purchase our survey and/or video packages. We provide clients and visitors (“Independent Agents”, hereinafter referred to as “Agents”) with a performance-based “Spotter’s Commission” on whatever their referred customers spend with us, on their first order only. Subsequent purchases are not commissionable. Agents earn once-off commissions of 10% on product sales they personally initiate. This is a single-tier commission structure. These commissions are paid in arrears, directly into their chosen bank accounts. All fees, bonuses and commissions currently exclude government tax.
- AMSAV is described as an online retailer of virtual products, whose products are available to all individuals and online or offline business owners.
AMSAV provides Customers and Visitors with:
a.) Sales and marketing expertise, Attraction Marketing principles, prospecting surveys and promotional videos customised to suit the client’s business or industry.
b.) A flat 10% commission paid to anyone who refers paying customers to us;
c.) Access to a selection of products, services, facilities, features and benefits;
d.) Access to periodic discounts and special offers;
f.) Additional periodic features and benefits, rewards, bonuses, incentives, competitions, products or services deemed to be of benefit to its Customers and Agents as described on the AMSAV web site.
2. The AMSAV services may be used for lawful purposes only. The transmission or storage of any material in violation of any local, international, federal or state law or regulation is expressly prohibited.
3. People visiting this web site can become Customers or Independent Agents. Nothing in this agreement shall be construed as creating franchisees, joint ventures, partners or association between the Parties or making the Agent an employee of AMSAV and Agents are prohibited from stating or implying, whether orally or in writing, otherwise. In all of its operations hereunder, the Agent shall be deemed an Independent Associate / Contractor / Agent, shall conduct its business at its own cost and expense and shall have no authority to make any representation or warranty on behalf of AMSAV. Agents have no authority to bind AMSAV to any obligation and at no time shall the Agent represent that the Agent represents or is authorized to obligate or act on behalf of AMSAV, unless expressly authorized by this Agreement or with the prior written consent of AMSAV.
4. As Independent Contractors / Associates / Agents, Agents will not be treated as franchisees, owners or employees of AMSAV for income tax purposes including, with respect to the South African Revenue Service, unemployment act, or any other local statute, ordinance, rule or regulation.
5. Agents will not make false or misleading statements about AMSAV’s benefits or Agent Position, and the Agent understands that false or misleading statements to enlist a Customer or Agent into AMSAV will result in the immediate termination of that Agent’s affiliation with AMSAV.
6. AMSAV’s name, trademark, service marks, and copyrighted materials are owned by AMSAV. AMSAV’s literature and materials may not be duplicated or reprinted without the prior written permission of AMSAV. All advertising and promotions conducted by the Agent must be approved prior to use by an authorized representative of AMSAV. Said approval must be in writing or transmitted via email or sms to the Agent. The Agent hereby acknowledges and agrees the Agent shall not acquire, nor may it assert any right to title or interest in the trademarks, logo’s, trade names or other proprietary rights of AMSAV arising under South African law and International conventions, by virtue of the execution or performance of this agreement. The Agent shall have no right to make modifications or changes to, or adaptations of the trademarks, logo’s, trade names or other proprietary rights of AMSAV; the Agent shall not attempt to register any of AMSAV’s trademarks, logo’s, trade names, domain names or other proprietary rights without AMSAV’s written permission.
7. The term of this Agreement is for the lifetime of AMSAV and all its Divisions, jointly and severally, unless earlier terminated. The Agent is not an Affiliate registered with AMSAV and therefore can simply stop marketing our services. There is no need for any notice period to cease doing so.
8. No endorsements by an AMSAV office or administrator or third party may be asserted, except as expressly communicated in AMSAV literature and communications. No attorney general or other regulatory authority ever endorses or approves any product, compensation program or company. Therefore, Agents may not represent or imply, directly or indirectly, that AMSAV’s programs, products or services have been approved or endorsed by any governmental agency.
9. The Customer and Agent lists and names are owned by AMSAV and may never be used for any commercial purpose without prior written consent of AMSAV.
10. The Customer’s or Agent’s violation or breach of any of the terms set forth in this Agreement shall entitle AMSAV to terminate all services to the Customer or Agent immediately and without prior notice thereof, and without obligation of the refund of any monies or fees paid to AMSAV. Furthermore, in the event the Agent’s unauthorized advertising or promotion activities cause any disruption of AMSAV operations, the Agent shall be liable for all damages of any kind suffered by AMSAV, directly or indirectly, as a result of said disruption. The foregoing causes of action and remedies shall be in addition to such remedies as AMSAV shall be entitled to pursue under this Agreement or applicable local, federal or state laws.
11. AMSAV does not warrant that the services provided hereunder will be error free or uninterrupted. The services are provided on an “as is” basis without warranties of any kind, either expressed or implied. AMSAV shall not be responsible for any losses, damages or costs that the Customer or the Agent may suffer when using or arising out of the services provided hereunder by AMSAV. The Customer and the Agent agree to indemnify and hold harmless AMSAV from any claims resulting from their use of the services. They expressly agree that the use of the services is at their sole risk. Neither AMSAV nor its service providers or agents shall have any liability for any damages suffered by the Customer, Agent or any other party, including incidental or consequential damages, arising from breach of warranty or breach of contract, negligence or any other legal ground of action.
12. AMSAV will not in any circumstance be responsible for problems, losses, or damages arising from: loss of communications connectivity, errors in content due to application problems, loss of access by the Customer or the Agent, or temporary or permanent loss of data.
13. This agreement shall be deemed “in effect” upon its receipt and acceptance the Customer or the Agent and acceptance of them by AMSAV.
14. Agents will maintain high standards of honesty and integrity and business ethics when dealing with prospective Customers, AMSAV or other AMSAV Agents.
15. AMSAV reserves the right to decline any Agent for any reason. Agents must use their best efforts to promote the products and benefits of AMSAV to prospective Customers pursuant to the Agreement contained within these Policies and Procedures.
16. Introducing Agents only earn a 10% commission on their introduced Customers’ first orders. Subsequent purchases by those Customers are not commissionable.
18. Agents are encouraged to invite their favourite retailers and networkers to contact AMSAV in order to purchase AMSAV packages.
Agents and Retailers may sign up their family members, business associates and customers as Customers of AMSAV.
19. All South African purchases are paid for by EFT only. International purchases are paid according to the relevant payment gateway’s collection methods.
20. Any legal entity may become a Customer of AMSAV, including entrepreneurs, SME business owners, registered charities, schools, churches, NGO’s, corporations, partnerships, limited liability companies or other forms of business organizations or trusts. Any individuals in the organisation such as shareholders, directors, officers, partners, Agents, staff, beneficiaries and trustees may become AMSAV Agents in their individual capacities, each of whom agrees to be bound by this Agreement.
21. A person or entity may not apply as an Agent using a fictitious or assumed name.
22. The Agent will be identified by their first and last names. The Agent’s name or Number must be placed on all orders and correspondence with AMSAV.
23. Agents are self-employed. Agents are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
24. No franchise is granted and there are no exclusive territories for sales purposes. No geographical limitations exist on inviting new Agents in the global community; provided, however, that AMSAV reserves the right not to contract with Agents in specified areas within the global community.
25. The Agent must truthfully and fairly describe the AMSAV services to prospective Customers.
26. An Agent may be immediately terminated for violating the terms of this Agreement. AMSAV may terminate a violating Agent without placing the Agent on suspension, at AMSAV’s sole discretion. When the decision is made to terminate an Agent, AMSAV may, but is not obligated to, inform the Agent in writing at the address in the Agent’s file that the termination has occurred, or at their given email address. The Agent may not appeal the termination. The decision of AMSAV will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
27. Immediately upon termination, the terminated Agent:
a.) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, Program or program of AMSAV.
b.) Must cease representing themselves as an Agent of AMSAV.
c.) Loses all right to his or her affiliation with AMSAV and to all future Rewards and Benefits.
d.) Must take all action reasonably required by AMSAV relating to protection of AMSAV’s confidential information.
28. AMSAV has the right to offset any amounts owed by an Agent to AMSAV including, without limitation, any indemnity obligation incurred pursuant to the Agent’s violation of any of the Policies and Procedures included herein, or from AMSAV’s Commission Plan.
29. The acceptance of any reapplication of a terminated Agent shall be at the sole discretion of AMSAV and can be denied.
30. Agents are not permitted to “create” their own stationary, business cards or letterhead graphics if AMSAV’s graphics version and wording are permitted; letterheads and business cards must be ordered from AMSAV directly.
31. Agents may not advertise or promote AMSAV or use AMSAV’s name in any electronic media or transmission, including on the Internet via web sites, email addresses or otherwise, without the prior written approval of AMSAV’s legal department.
32. Agents are not permitted to use AMSAV’s trade name in advertising their telephone and telefax numbers in the white or yellow page sections of the telephone book. Agents are not permitted to list their numbers under AMSAV’s trade name without first obtaining AMSAV’s prior written approval. If approval is granted for a Freecall or Sharecall listing, it must be stated in the following manner: “Independent Associate / Contractor / Agent of AMSAV.”
33. Agent may not answer the telephone by saying “AMSAV,” or in any other manner that would lead the caller to believe that he or she has reached the office of AMSAV.
34. Agents are not permitted to use AMSAV’s trade name or any of its trademarks or service marks as identification of their business or personal savings, checking or transmission bank accounts.
35. Agents are prohibited from granting radio, television, newspaper tabloid or magazine interviews or making any type of statement to the public media to publicize AMSAV, its products or AMSAV’s business, without the express prior written approval of AMSAV. All media inquiries should be in writing and referred to AMSAV’s office or legal department.
36. Agents may not reproduce for sale or personal use products sold by AMSAV or any AMSAV-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio-taping of AMSAV meetings and conferences is strictly prohibited.
37. Commissions cannot be paid out until after a completed Customer Order and payment have been received and accepted by AMSAV. Commissions are paid at the end of the following month if payment for a sale was received after the 15th day of the month, or at the end of the same month if payment for a sale was received before the 15th day of that month.
38. AMSAV’s offices are open Monday through Friday 9:00am – 5:00pm, GMT+1 (or GMT+2 during Northern Hemisphere daylight saving time), with the exception of certain holidays or as posted by AMSAV.
39. Products purchased in South Africa in our online store (“Shop”) may be paid for by electronic funds transfer (EFT) only, to avoid credit card charge-back fraud and for a safer, easier payment process. International purchases will be made through our international payment gateway. Charge-backs are not allowed. AMSAV may, at its own discretion, contact the authorities for investigation should they suspect that a Customer is guilty of actual or attempted credit card charge-back fraud.
40. The Customer is responsible for paying the product costs displayed on the AMSAV web site, which costs may change at any time based on increased costs incurred by AMSAV and the past payment history of the Customer. If, when ordering goods an underpayment is made, the order will not be processed until the full amount is received by AMSAV. If an overpayment is made, AMSAV will process the order and issue a refund of the overpaid amount to the Customer’s account.
41. All promotional items, which bear AMSAV’s name or logo, must be purchased solely from AMSAV unless prior written permission is obtained from AMSAV.
42. The integrity of AMSAV’s Commission Plan is built upon ethical person-to-person or online presentations, done by the Agent or by an AMSAV staff member. In the latter case, the introducing Agent will still earn their 10% commission once payment has been received from the Customer.
43. Fax blasting and unsolicited emailing (spamming) to promote AMSAV is strictly prohibited and will result in immediate termination of an Agent.
44. Except as expressly stated herein, AMSAV makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through AMSAV.
45. AMSAV reserves the right to institute a processing charge for credit or debit card transactions or declined debit order penalties, should any of these occur in the future.
46. Customers and Agents agree to indemnify and hold harmless AMSAV, its officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Customer’s or Agent’s (a) activities and behaviour; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
47. To the extent permitted by law, AMSAV shall not be liable for, and each Customer and Agent releases AMSAV from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by them as a result of:
(b) the operation of their business;
(c) any incorrect or wrong data or information provided by them to AMSAV; or
(d) the failure to provide any information or data necessary for AMSAV to operate its business.
48. AMSAV encourages all Agents to keep complete and accurate records of all their business dealings for personal and tax purposes.
49. AMSAV shall not be responsible for delays or failure in performance caused by circumstances beyond a party’s control, such as strikes, labour difficulties, fire, war, government decrees or orders or curtailment of a party’s usual source of supply.
50. It is the obligation of every Customer and Agent to abide by and maintain the integrity of these Policies and Procedures. If anyone observes another Customer or Agent committing a violation, he or she should discuss the violation directly with the violating person. If they wish to report such violation to AMSAV, he or she must detail violations in writing or email only, and mark the correspondence “Attention: Legal Department”.
52. Our Policies and Procedures are incorporated into this Agreement and, along with the Commission Plan and other information presented on the AMSAV web site, constitute the entire agreement of the parties regarding their business relationship.
53. If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures, or any specification, standard or operating procedure which AMSAV has prescribed is held to be invalid or unenforceable, AMSAV shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Customer or Agent shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
54. Customer and Agent hereby indemnify AMSAV against any claims by third parties or loss suffered by them arising from their affiliation with AMSAV. AMSAV is committed to ensure the security of transacting online, and is entitled to investigate any loss suffered by Customers or Agents, which is alleged to have occurred as a result of fraud via the AMSAV web site. In the event that the fraud occurred due to carelessness on the Customer’s or Agent’s part we will not be held liable for any loss or damages suffered by them in any way whatsoever. We are not liable for acts or omissions of third parties, including without limitation, an Internet Service Provider or our Service Providers.
55. TO THE EXTENT PERMITTED BY LAW AMSAV AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND CUSTOMERS AND AGENTS HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY CUSTOMER OR AGENT AND AMSAV, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. Furthermore, it is agreed that any proven damages to a Customer or Agent shall not exceed and is hereby expressly limited to, any Commissions owed to the Agent or orders paid for by the Customer and not fulfilled by AMSAV.
56. Any communication, notice or demand of any kind whatsoever which either the Customer, Agent or AMSAV may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, e-mail or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
57. The parties choose as their domicilia citandi et executandi for all purposes under this contract, whether in respect of court process, notices or other documents or communication of whatsoever nature, the addresses stated on the Customer Order Form or in the AMSAV survey.
Any party may by notice to the other party change its domicilium citandi et executandi to another physical address, email address, landline or mobile number and/or telefax number, provided that such change shall become effective only on the seventh day after the receipt of the notice.
Any notice to a party:
a.) sent by prepaid registered post from any Post Office in the Republic of South Africa to the other party to its chosen postal address shall be deemed to have been received by such party on the fifth day after the posting thereof;
b.) delivered by hand to a responsible person during the ordinary business hours at its chosen physical address, shall be deemed to have been received by such party on the day of delivery thereof;
c.) transmitted by fax or email to the chosen telefax number or email address shall be deemed to have been received by the addressee on the hour after the transmission thereof.
Notwithstanding anything to the contrary contained herein, a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi.
The Customer or Agent undertakes and shall be obliged, whether it gives notice under this clause or not, to advise AMSAV of any change of its particulars contained in the Order Form or other applicable form.
All advertisements placed with AMSAV for display on the AMSAV web site or in AMSAV promotional or other documents are placed by the advertiser concerned. AMSAV does not endorse the product/s or service/s being offered by the advertiser/s. Any dealing with the advertiser/s is done at the sole risk of the Customer or Agent.
AMSAV has taken care to ensure that the content on its web site is accurate and that you will suffer no loss or damage due to your use thereof. This web site is provided “as is” and your use thereof is at your own risk. We do not warrant that the web site content will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this we do not warrant that the web site is free of viruses or destructive code.
We and our shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this web site or the information contained therein or your inability to use this web site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
We will therefore not be held liable for:
- any interruption, malfunction, downtime or other failure of the web site or online services, our system, databases or any of its components, for whatever reason;
- any loss or damage arising from your orders or purchases, based on the information provided on this web site;
- any loss or damage with regard to customer data, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems;
- programming defects or negligence on our part;
- any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
- any event over which we have no direct control;
- misrepresentation on any of our Agents’ sites or damage caused by linking you to that site.
Web sites linked from the AMSAV web site, including the web sites of our Service Providers are beyond our control and we make no representations as to their legal text. We do not accept responsibility or liability for the information provided on such web sites. A link to any third party web sites also does not mean that we warrant, endorse or make any representations about the content, products, services, reliability or the third party’s business or security practices and operations.[/vc_column_text][/vc_column][/vc_row]