Marketer Agreement

Independent Marketer Agreement

The consideration for this agreement includes the opportunity for the Munami Marketer to earn a marketing income from MUNAMI for successfully marketing MUNAMI’s products and/or services and for MUNAMI to earn sales of its products and/or services from the marketing efforts of the Munami Marketer, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.  The parties acknowledge that this agreement is entered into by each of them under seal.
 
Independent Contractor
This Agreement shall not render the Munami Marketer an employee, partner, distributor or agent of MUNAMI for any purpose. The Munami Marketer is and will remain an independent contractor in his/her relationship to MUNAMI. The Munami Marketer shall not act, or attempt to act, or represent himself/herself, directly or by implication, as an agent, employee or representative of MUNAMI or in any manner assume or create, or attempt to assume or create, any obligation on behalf of MUNAMI.  MUNAMI shall not be responsible for withholding taxes, employment insurance premiums or Canada Pension Plan premiums with respect to the Munami Marketer’s compensation hereunder. The Munami Marketer shall have no claim against MUNAMI hereunder or otherwise for overtime, vacation pay, statutory holiday pay, termination pay, severance pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, employment insurance benefits, or employee benefits of any kind.

Scope of Relationship
(a) Obligations of the Munami Marketer
 
- A Munami Marketer is an individual, business or entity, which enters into this agreement with Munami to market Munami’s products, services, brand, and/or lifestyle.
 
- As a Munami Marketer, you are entitled, but not obligated, to market Munami’s products and/or services to the public.  
 
- As a Munami Marketer, you are personally accountable to fully comprehend the Munami Achievers Program; you will regularly check the official company website for policy and procedural changes & upgrades; and you agree to comply with the most current policies and procedures as posted on the Munami website.
 
 
(b) Obligations of Munami
- Munami will maintain and administer the Munami Achievers Program.

- Munami will provide its products and services for marketing by the Munami Marketer.

- Munami will provide the Munami Marketer with essential marketing materials to help the Munami Marketer market Munami’s products and services. (Example. documentation, personal replicator website (blog), back office access to communicate and track your progress)

- Munami will pay Munami Marketers a Marketing Income for successfully marketing Munami products and/or services, as set out in the M.A.P material.  Munami may pay the Munami Marketer for any bona fide entitlement to a Marketing Income within 30 business days of reaching 360A°.
 
Compliance
Law. As a Munami Marketer, you shall comply with all laws (whether statutory or common), rules, regulations and codes of conduct for the territory in which you carry on business.  Any breach of this provision may disentitle the Munami Marketer to the Marketing Income and/or may lead to termination of this agreement, at the discretion of Munami.

Amendments. MUNAMI reserves the right to amend the Munami Agreements &  Appendices at any time without notice.  Any amendment becomes binding and effective once such amendment is posted on the MUNAMI website.

Privacy.  MUNAMI reserves the right to share Marketers personal information with third parties required for necessary operations of the M.A.P.  These third parties include, but are not limited to, banks, financial institutions and payment processors. All activities on MUNAMI sites are monitored and recorded and can be used by MUNAMI for any reason related to the business of MUNAMI.  The Marketer acknowledges and hereby states that entering into this agreement shall constitute his/her express consent to MUNAMI to collect, maintain, use and disclose his/her personal information.

Participation. The M.A.P is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our program is not available to children (persons under the age of 18) or temporarily or indefinitely suspended MUNAMI members.

Administration. Munami may set off any amount owed to Munami by the Munami Marketer from any amount owed by Munami to the Munami Marketer.
 
Termination
- MUNAMI reserves the right to terminate this agreement at any time for any reason without cause or prior notice.
 
- Upon termination of this agreement, all terminated accounts of the Munami Marketer will be cancelled and the Munami Marketer shall immediately cease marketing MUNAMI’s products or services.  
 
- Upon termination the Munami Marketer shall immediately return all materials related to the M.A.P in its possession, including but not limited to all M.A.P materials and documentation, without making or retaining any copies thereof.
 
- MUNAMI will not be liable to the Munami Marketer for any rewards or benefits which would have been earned after the termination date. Rewards and benefits will not be paid out after the termination date unless earned prior to the termination date. 
 
- Any funds owed to MUNAMI by the Munami Marketer, including purchase balances and fines, shall become immediately payable in full by the Munami Marketer.
 
Limitation of Liability and Disclaimer of Warranty
The Munami Marketer agrees that, by definition, access to the Internet is associated with risks, including but not limited to, authentication, data security, privacy, the availability of services and the reliability of transmission. The Munami Marketer agrees to bear full and exclusive responsibility arising from such risks and consequences of the usage of the Internet.  MUNAMI does not guarantee that any transaction will be free of such risks. MUNAMI shall not be liable for damages resulting from delayed delivery or non-delivery of ANY INFORMATION OVER THE INTERNET.
 
To the fullest extent permitted by law, MUNAMI disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for purpose, and non-infringement of proprietary rights) as to its PRODUCTS and services.
 
Notwithstanding any other provision of this Agreement or rule of law or statutory provision or otherwise, MUNAMI shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services.
 
MUNAMI does not exclude any liability for (i) death or personal injury attributable to the negligence of MUNAMI, its employees or agents; or (ii) direct physical damage caused to the Munami Marketer’s products and/or services and attributable to the negligence of MUNAMI its servants or agents.
 
Events such as acts of god, strikes, government measures, breakdown of transmission equipment, blackouts, or any other disruption that is beyond MUNAMI's control, release MUNAMI from its contractual obligations and from any liability. MUNAMI will make every reasonable effort to remedy such disruptions as soon as possible.
 
General Indemnification
Munami Marketer shall indemnify and hold harmless MUNAMI, its agents, affiliates, officers, directors, employees and shareholders, from any claim or demand whatsoever relating to or arising out of the Munami Marketers involvement in the M.A.P.
 
Conflicts of Interest and Indemnity.
The Munami Marketer represents that he or she is free to enter into this Agreement, and that this agreement does not violate the terms of any agreement between the Munami Marketer and any third party. Further, the Munami Marketer, in carrying out this agreement shall not utilize inventions, discoveries, developments, innovations, literary or artistic works or any other matters subject to protection at law in which he or she does not have the right to utilize this agreement.  Munami Marketer hereby agrees to indemnify and hold harmless MUNAMI for any and all claims related in any way to the provision of his/her services, including but not limited to claims by third parties for infringement of any right provided at law.
 
Miscellaneous
Choice of Law. The laws of the Province of Ontario shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and services of the parties hereto.  The parties hereby irrevocably attorn to the jurisdiction of the courts in Toronto, Ontario.
 
Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
 
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
 
Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
 
Assignment. The Munami Marketer shall not assign or transfer any of his/her rights under this Agreement, or delegate the performance of any of his/her services hereunder, without the prior written consent of MUNAMI.  MUNAMI may assign any of its rights under this Agreement without the consent of the Munami Marketer.

Entire Agreement. Subject to subsection 11(g) of this agreement, this agreement constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
 
Other Documents.  This agreement includes all MUNAMI policies and procedures, including the M.A.P material, as outlined on the MUNAMI website at www.munami.com, and the parties agree to be bound by such policies and procedures as if they were stated herein.  
 
Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, sent to the e-mail address provided or if deposited to Canada Post by regular mail. If such notice or demand is served personally or by e-mail, notice shall be deemed constructively made at the time of such service.  If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit to Canada Post addressed to the party to whom such notice, demand or other communication is to be given as provided by the parties.
 
The Munami Marketer agrees that all information on the registration form is true and that the Munami Marketer has read over the Agreement in its entirety, including but not limited to its Appendices and Policies and has full authorization to open the account.  If registering on behalf of another party, you have full authorization to register and agree to terms and conditions on behalf of the registrant.  Your account information and IP address will be recorded for future reference.
 

By clicking on the I AGREE icon during Registration, the Munami Marketer acknowledges that it will be treated as if it were a true signature on a legal binding document, and means that the Munami Marketer has read this agreement and agrees to all the terms and conditions set out therein. The Munami Marketer’s IP address with a date and time stamp will be recorded at time of registration for future confirmation of activities preformed by the Munami Marketer on the MUNAMI website.