MACSEIS AFFILIATE BRAND PARTNER AGREEMENT
1.1 MACSEIS is a Technical Work Wear Brand owned by ROCKETEX SLU, Principate Andorra and distributed within the EU by MCS DIRECT SLU, Spain. The MACSEIS operation is mentioned as ‘THE GROUP’ in this document.
1.2 When you click in the ACCEPTANCE BOX by Sign-Up, you sign this Agreement and agree to its content and policies and procedures.
1.3 To become a MACSEIS AFFILIATE BRAND PARTNER you must be 18 years of age and Sign-Up in our MACSEIS AFFILIATE BRAND PARTNER App. By doing so you accept our Policies & Procedures as well as our General Conditions of Sales. You agree to comply here with and represent MACSEIS Products with your outmost best of positive performance protecting MACSEIS Brand from entering into disrepute in any circumstances. The agreement is a three-party agreement between You, ROCKETEX SLU (Brand Owner) and MCS DIRECT SLU (Distributor).
APPLICABLE LAWS:
MACSEIS AFFILIATE BRAND PARTNERS must assure that they comply with all applicable laws in the countries in which they operate their Business Activities.
AUSTRIA: Under Austrian Trade Law (Section 339 Gewerbeordnung GewO), MACSEIS AFFLIATE BRAND PARTNERs will need to acquire a trade permit.
DENMARK: You agree not to make any calls or door-to-door sales but only carry out your business from your place of business or home using emails to approach prospective clients. You may carry out Product Presentations outside your residence with clients after having arranged meetings here with.
FRANCE: If you use your VDI status to sell MACSEIS Products you must ensure whether outside (away from your home) selling is allowed.
1.4 Your MACSEIS AFFILIATE BRAND PARTNER ACOUNT (the MACSEIS Account which will be allocated to you after signing up) is singly applied to you and as such contracted to you only. You must be at 18 years of age to sign-up as a MACSEIS AFFILIATE BRAND PARTNER.
1.5 You are only allowed to present and sell MACSEIS Products in the country of your residence. Should you sell in another country then THE GROUP reserves the right to transfer such business to the country of your sales.
1.6 THE GROUP reserves the right to reject any Sign-Up applications for a MACSEIS AFFILIATE BRAND PARTNER ACCOUNT at its own discretion, which shall be based on objective grounds and not discriminatory. You become Approved upon receiving an email from THE GROUP confirming your approval.
1.7 By signing up you must provide your tax identification as well as a copy of your ID-Card with picture. In the event you have a company you must provide us with you company VAT registration number – also here to we will require photo ID. The approval will happen after we have verified your tax identification numbers.
APPLICABLE LAW:
FRANCE: THE GROUP requires VDI and the SIRET NUMBER.
HUNGARY: THE GROUP requires the company registration number.
SWEDEN: To receive commissions, the Affiliate must provide a F-TAX Certification.
1.8 If you want to change your account from a Business Entity to a Private or vice-a-versa, you can do so at any time.
2. PERSONAL INFORMATION
2.1 THE GROUP is protective to your concerns how your information’s are collected and used because of becoming a MACSEIS AFFILIATE BRAND PARTNER. THE GROUP respects your privacy and is committed to protect your privacy ongoing. By signing-up you are aware that your data will be processed by THE GROUP internally in accordance with the terms and conditions set out by THE GROUP in relation to become a MACSEIS AFFILIATE BRAND PARTNER. All conditions here to can be viewed on www.macseis.com.
- MAINTAINING YOUR ACCOUNT
3.1 As a MACSEIS AFFILIATE BRAND PARTNER it is your duty to keep your information’s to your Account updated, current and accurate. As such you must immediately inform THE GROUP (Your dedicated Support) of any changes inflecting upon the accuracy of your information’s with us. THE GROUP reserves its rights to declare your Account void should it determine that your information’s are not correct and or up to date.
3.2 In the case of any changes, submit all new information’s to THE GROUP and we will update your account immediately.
- OPERATING YOUR MACSEIS BUSINESS
4.1 MACSEIS is a PREMIUM Product sold at discounted prices (-40-50%) to B2B industrial and service business Clients. As such you conduct your product presentation and approach with a high level of performance in regard of competence, positivity, self-hygiene, self-confidence and product information. Meetings are attended timely and you present yourself with name and title.
4.2 General Ethics are:
- You must comply with the Policies & Procedures of this Agreement and MACSEIS General Conditions of Sales and other laws laid out in MACSEIS (THE GROUP) affiliated documents.
- You must operate your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT honest and with integrity.
- You indicate and inform your prospective Clients who you are, why you contact them and what Products you are selling.
- You inform the prospective Clients the MACSEIS General Conditions of Sales when closing business; - Signing up to our webstore www.macseis.com to purchase its products paying by credit card and or bank transfer before receiving products.
- You may not pressure the Prospective Client to make purchase. And you must not make false or misleading claims about MACSEIS Products in terms of functionality and craftmanship to push sales.
- You may encourage the prospective Client to purchase MACSEIS Products by try arranging certain required delivery times by coordinate such with your MACSEIS-Support.
- When Products have been logo imprinted with the Client’s logo the order cannot be cancelled or returned.
- Orders can only be terminated if Products are returned complete, originally packed and in a new condition with no logo imprint and or additional applications such as Reflective bands etc.
4.3 YOU MUST NOT make misleading, inaccurate, unfair, claims, or disparaging comparisons, representations or disrepute statements about:
- THE GROUP;
- Its Products and or commercial activities;
- The Staff of THE GROUP;
- Competitors (and their products) to THE GROUP;
- Clients and or prospective Clients;
4.4 As a MACSEIS AFFILIATE BRAND PARTNER you must operate in a manner that is free of harassment, intimidation, threats and abuse. Harassment of any kind will not be tolerated, including, but not limited to race, religion, physical and verbal abuse, or soliciting, encouraging or consummating any inappropriate or unwelcome written, verbal, electronic or physical relationships, sexual advances, requests for sexual favors or other physical, verbal or visual behavior of sexual nature with a staff of THE GROUP or Client or Prospective Client.
4.5 You will not act in any way, including your actions outside the scope of your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT, which could be considered detrimental to the business or reputation of THE GROUP and its other BRAND AFFILIATES. The company has its right to determine in its sole discretion if actions can be deemed detrimental should your actions be as above mentioned. In such a case THE GROUP will determine what actions will be taken against you.
4.6 A condition signing on to become a MACSEIS AFFILIATE BRAND PARTNER is that you grant THE GROUP the right to review any records related your ACCOUNT with us in order to ensure whether you are operating your related ACCOUNT in accordance with THE GROUPs POLICIES & PROCEDURES.
4.7 Operating your ACCOUNT, you must comply with our POLICIES & PROCEDURES as well as MACSEIS GENERAL CONDITIONS OF SALES and with all other applicable laws such as consumer protection laws, customer privacy laws, data protection laws and anti-spam regulations. You bare full responsibility ensuring that you comply with all applicable laws, and you will be liable in the case THE GROUP incurs any liability because of your none-compliance. Here to you are encouraged to consult with your own legal counsel regarding compliance with these laws and regulations.
4.8 You must comply with all local anti-corruption laws, including the United States Foreign Corrupt Practices Act (FCPA), in the countries in which THE GROUP do business. THE GROUP requires that you never directly or indirectly make a payment or a gift with the purpose to influence an act or decision of any client and or official.
4.9 You must comply with all applicable local privacy and data protection laws, including EU Regulation 2016/679 (General Data Protection Regulation – GDPR)
- INDEPENDENT SIGN-UP
5.1 When sign-up as a MACSEIS AFFILIATE BRAND PARTNER you are an Independent Contractor. You are not an Agent, Employee, Officer, member or joint ventures with THE GROUP. You are an independent contractor affiliated to MACSEIS BRAND reselling MACSEIS Products to B2B Prospective Clients. You are self-employed without any authority to bind THE GROUP or incur liabilities on its behalf. You may work in the manner and at the time of your choosing, except as stated in this document and Agreement (when you sign-up you agree to the points set out in this document). THE GROUP requires proof that you are proper registered (have a tax number) as an independent contractor in order to pay you Commissions. You agree that as an Independent Contractor:
- YOU are responsible for your own business decisions, when you work, what Industrial Zones you ‘attack’ to close business and what number of hours you work to be successful;
- YOU will be paid Commissions based upon your net Product Sales and not the hours you work;
- YOU are subject to entrepreneurial risk and responsible for all losses that you incur as a MACSEIS AFFILIATE BRAND PARTNER;
- YOU pay your own business cost, insurances or any premiums related to your business as well as travel costs, entertainment, office, clerical, legal, equipment and general costs without any reimbursement from THE GROUP as a MACSEIS AFFILIATE BRAND PARTNER;
- YOU will obtain the correct TAX IDENTIFICATION CERTIFICATES to conduct your business as a MACSEIS AFFILIATE BRAND PARTNER;
- YOU will accommodate paying own taxes, value added taxes, accounting, etc related to run your MACSEIS AFFILIATED BRAND PARTNER BUSINESS as an Independent Contractor;
- YOU will not be treated as an employee for tax purposes, social contributions or similar.
- TAXES
6.1 Payments of taxes or social contributions varies from country to country and will be covered in full be the MACSEIS AFFILIATE BRAND PARTNER. You are responsible for your own obligations. These may include registration and payment of local taxes as required by law in your residential country (home). In particular, Business Entities must at all time comply with applicable tax rules. THE GROUP must withhold taxes on Commissions (and or Bonuses) if this is required by law. You agree to hold THE GROUP free of any claim or demand including attorney’s fees arising out of a breach of Section 4.
- AUTHORITY
7.1 You have no authority to act on behalf of THE GROUP. This includes, but is not limited to, any attempt to:
- Register or reserve company names, trademarks, trade names, including any combination or derivative thereof, or Products;
- Register URLs using THE GROUPS names, trademarks or trade names;
- Copy MACSEIS Products and business practices;
- Establish business or governmental contracts on the behalf of THE GROUP in your own name. Such contracts and businesses will be forwarded to THE GROUP for signature and approval.
- Promise or commit to measures and issues on behalf of THE GROUP without the consent of THE GROUP in writing.
7.2 Should you act improper then you must indemnify THE GROUP from any attorney’s fees that may occur to take actions to exonerate THE GROUP from your improper acts. Should you violate Clause 7, then you must immediately transfer all company names, copy-products, URLs, trade names, trademarks and or reservations here of to THE GROUP.
7.3 You may not identify THE GROUP as your employer. This include, but is not limited to, loan applications, governmental forms, employment verifications requests, application for unemployment compensation and or any other official or unofficial form of document/s.
- CONDITIONS OF SALES
8.1 You may order samples direct from MCS DIRECT SLU (THE GROUP PRODUCT DISTRIBUTOR). Order from your Support. MACSEIS offers an initial SAMPLE-PACKAGE at €199.99 + VAT including shirts, pants, jacket and shoes. This package is sufficient to go start your Sales and Business Activity in your market. You can order additional sample-packages as you go forward with success.
8.2 You sign up your Prospective Clients to MACSEIS WEBSTORE while using a Mobile Phone, iPad or Laptop to enter the creating of a MACSEIS WEBSTORE Client Account. Here with the Client can submit its purchase for MACSEIS Products and pay.
8.3 MACSEIS Products are stocked comprehensively in three warehouses in Europe, one in Canada and one in China. As such you do not have to stock any MACSEIS Products. Your Client orders are placed in MACSEIS WEBSTORE, then paid for by the Client whether through credit card or bank transfer. Then picked & packed in our warehouse. Then printed if required and shipped out. Your Commission is paid after THE GROUP receives payment from Client.
8.4 THE GROUP does not accept orders on credit. Orders will not be shipped, and Commission not paid before paid in full. The orders must be paid through MACSEIS WEBSTORE using credit card and or bank transfer. By paying the order, MACSEIS WEBSTORE will issue an invoice to the Client. A Delivery Note will follow all shipped orders.
8.5 THE GROUP will pay you your Commission on order when payment here for is received in full to THE GROUP within to 48 hours of receiving payment from the Client. Here to an email including payment-slip will be send to your email address for Commission Payment Confirmation.
8.6 If THE GROUP is to changes its Product Prices, then this will happen with a prior notice of 30 days. New prices will be displayed on MACSEIS WEBSTORE and you will receive the new Price List together with the Notice.
8.7 In the unlikely event that a Client should reverse a credit card payment the MACSEIS AFFILIATE BRAND PARTNER is responsible to make payment to THE GROUP for the full amount reversed. If you fail to immediately cover and make full payment for the client reversed credit card payment you are in breach of this Agreement.
- REFUND POLICY
9.1THE GROUP will provide refund of orders as follows:
- ONLY orders that are originally packed and in a new unused condition can be refunded.
- Refund happens after the Products are send back to THE GROUP for inspection and Refund-Approval.
- Products that are logo-printed are not refundable.
- Unless otherwise required by law THE GROUP will – after Refund-Approval - provide the Client with a 90% refund of the purchase volume plus applicable tax, less freight and Commissions to a refunded sales will be cancelled and nullified in your ACCOUNT. Meaning you will have a minus in your MACSEIS ACCOUNT, and you owe THE GROUP this commission. This only if Commissions was paid to you before Refund.
- SAMPLE-PACKAGES cannot be returned and will as such not be refunded. SAMPLE-PACKAGES are ruled by our conditions here to in this document.
- Also THE GROUP does not provide refund for any billed Business Support Materials such as POS materials.
- If Products send are defective or have mistakes, then THE GROUP will replace such Products. Tear and wear are not included in such replacement.
- THE GROUP does not accept returns after 14 days (including weekends) from delivery.
10.SALES PERFORMANCE PLAN
10.1 The MACSEIS AFFILIATE BRAND PARTNER will furnish THE GROUP with a SALES PERFORMANCE PLAN (see separate document here to) 4 times per month. This to help THE GROUP managing its stock hold to meet order demand.
10.2 The SALES PERFORMANCE PLAN is a part of signing-up with MACSEIS (and THE GROUP) and you are bound to its terms and providing such to THE GROUP Sales Director by email weekly end.
10.3 A SALES PERFORMANCE PLAN document can be found on macseis.com. You must list your Prospective Clients that you are working on closing orders with, the Sales Volume per Client, the Products and Color Combinations such Prospective Clients is looking to purchase and chances of getting the order/s.
10.4 MACSEIS PRODUCT CONCEPT consist of 5 Color Combinations matching most Uniform and logo colors - these are:
- BLACK/GREY
- NAVY/ORANGE FLUOR
- GREY/GREEN FLUOR
- BLACK/RED
- BLACK/ROYALBLUE
Additional color combinations are:
- BLACK/GREEN FLOUR
- WHITE/GREY
11.NO GUARANTEED INCOME
11.1 THE GROUP neither guarantee any secured income nor any level of profit or success. THE GROUP however do guarantee you Commissions on Sales. Whether you will find that selling MACSEIS Products is meaningful to your time is fully your decision and related your skilled performances. MACSEIS BRAND exist ever since 2009 and have already proved its durability. If you conduct your efforts in a businesslike manner, you should be able to generate some level of success for yourself selling MACSEIS Products. There are loads of Prospective Clients out there that would buy MACSEIS Products.
11.2 We help you to become successful. Not only with Product Videos and Sales tips and training but also through our high-quality long-lasting Products fueled with technologies for the HEALTH & COMFORT of the user while active at work. MACSEIS PRICE STRUCTURE is placed between low cost and medium cost work wear, but our quality is Premium. This gives you the chance of success. Prospective Clients in general have between 5-10-25-50-100 employees leading to purchase volumes of €700-15,000+ per order. As such if you are clever, you can even make a living out of selling MACSEIS Products.
11.3 In your own interest do not try manipulating your SALES PERFORMANCE PLAN as it is of vital importance to our whole system. THE GROUP manage our stock holds in accordance with your input. If you give us wrong information and we order too much of a wrong Color Combination to meet targets we will have the wrong Products in stock and our system and cash flow is not set to the success, we wish to create together.
12. MARKETING & TRADEMARK USE
12.1 You may only use MARKETING Materials that have been produced and distributed by THE GROUP for sales and promotion of MACSEIS Products and businesses. Furthermore, you must approve any Business Materials you wish to use including MACSEIS Trademarks with THE GROUP. If you wish to have MACSEIS AFFILIATE BRAND PARTNER business cards including your details (MACSEIS Logo, mobile number, email address, photo) we will design you such on request. You can use the design to print these cards locally in your area.
12.2 Catalogs can be purchased from THE GROUP as can other business materials.
12.3 MACSEIS Trademarks and Copyrights are valuable assets to THE GROUP and as such the use here of are strictly regulated to ensure that these do not lose its value. You may not use any intellectual property of THE GROUP unless specifically authorized in this document/Agreement. All publications using MACSEIS Trademarks, Copyrights and Intellectual Property is guided and distributed by THE GROUP accordingly.
12.4 Be aware that you are liable to THE GROUP for any damages arising out of unauthorized and or misuse of THE GROUPs Trade Names, Trademarks. Copyrights, Intellectual Property Rights and or in any other form except what is especially Authorized in this POLICIES & PROCEDURES.
13. TEAMS
13.1 THE GROUP allow you to build a TEAM relating your MACSEIS AFFILIATED BRAND PARTNERSHIP with THE GROUP. Let’s anticipate that you have friends that wish to operate together with you selling MACSEIS Products in your area. If so, you can become a TEAMLEADER and your TEAM will all Sign Up just like you did and THE GROUP will pay your TEAM members the same commission as you receive, but you will receive an additional 2.5% on their net Sales Turnover ongoing. As a TEAMLEADER you will submit SALES PERFRMANCE PLAN weekly (end) for your TEAM and make sure your members adhere to the POLICIES & PROCEDURES in this document/Agreement.
13.2 When building a TEAM you are not allowed to make misleading income claims about being and becoming a MACSEIS AFFILIATE BRAND PARTNER. The claims you make must be truthful. Lifestyle claims such as I bought my new car selling MACSEIS or I quit my job and can now fully live from selling MACSEIS Products is allowed if it is the truth – as such:
- The claims you make to build a TEAM must be accurate and not misleading
- The claim must include reasonable achievable targets in life and adjusted to the potential in your area
- Your claim must be substantiated by real experience in doing your MACSEIS Business. Becoming a TEAMLEADER comes with responsibility. By then you are probably a DIAMOND PARTNER, meaning you have a certain sales standing already. You are dealing with people and their dreams in life when trying to gain extra income. Do not make a lie that will disappoint
- If you disclose your income from selling MACSEIS Products, then you do so by showing your Commission Payments
- You are not entitled to claim a time use that is required to achieve certain income
14. USE OF SOCIAL MEDIA & YOUTUBE
14.1 If you post videos on TikTok, Instagram, Facebook or YouTube such videos must be informative about MACSEIS Products and or positive funny (dancing in MACSEIS Products on TikTok). You are not allowed to show naked skin from your neck down to your knees. Arms free in a polo or t-shirt is OK.
14.2 You may place generic opportunity advertisements on your social media accounts where you promote single products.
14.3 If you are given the opportunity to talk about MACSEIS in your local medias such as radio, TV, Newspaper, etc you must get approval here for before by THE GROUPs Sales Director. In such an event you are not allowed to speak on behalf of THE GROUP but you are allowed to speak as a MACSEIS AFFILIATE BRAND PARTNER.
14.4 Should you wish to make advertisements for yourself and your MACSEIS representation in your local market then such advertisements must be designed and approved by THE GROUP. Should you wish to make Sponsorship for a local football club promoting your PARNERSHIP and MACSEIS then such banner and or advertisements must be designed and approved by THE GROUP.
14.5 All distributed materials such as Catalogs (piece price here for can be submitted to you by our Sales Director) etc are created and distributed by THE GROUP and you are free to use these materials in connection with your selling of MACSEIS Products whether digital or in print form. When going from door-to-door in your local Industrial Zones the use of printed Catalogs is comprehensive and supportive. Here to you should always bring your SAMPLE-PACKAGE in your car if Prospective Clients wish to see Samples.
14.6 If you wish to attend a local Exhibition then this is in general possible and can be fruitful. However – you are not allowed to attend and display MACSEIS Products at flea markets, bazaars, supermarkets, swap meets. Such efforts should only include community fairs, conventions and or industrial fairs and the like.
Here to:
- The fair theme must be directly related to business of THE GROUP (a come together of local businesses)
- At least 4 weeks prior to attending the exhibition you must obtain approval from THE GROUP
- You may only use THE GROUP official Advertising Materials. The rental of a MACSEIS Affiliate Banner may be required from THE GROUP
- You must promote as an independent MACSEIS AFFILIATE BRAND PARTNER
- You are not allowed to use the booth to promote other products you may be a Presenter of and mix these products with MACSEIS Products.
- During the Exhibition you must adhere to MACSEIS POLICIES & PROCEDURES. If you are acting in a TEAM you are responsible for that your TEAM are all acting in accordance to MACSEIS POLICIES & PROCEDURES.
- Should you not adhere to MACSEIS POLICIES & PROCEDURES then THE GROUP reserves its right to prohibit future attendance to exhibitions.
14.7 You may use the Internet to Promote MACSEIS Products and you are allowed to utilize the Internet as follows:
- You are allowed to push MACSEIS WEBSTORE www.macseis.com
- You are allowed to use generic business opportunity websites, splash pages and or social media with links to MACSEIS WEBSTORE
- If you wish to post Product pictures these will be provided by THE GROUP as will weekly Graphics. If you wish to post selfies wearing MACSEIS Products on Insta or FCB this is allowed as long as you adhere to the POLICIES & PROCEDURE AGREEMENT
- You may not post misleading material about MACSEIS Products and or THE GROUP
- You are allowed to use the internet, including social media, blogs, vlogs, applications, wikis, and podcasts. Post product communications or your journey as a MACSEIS AFFILIATE BRAND PARTNER. If you are successful you are allowed to talk about your business without mentioning names of your Clients
- DIAMOND PARTNER can make separate Instagram account to promote your MACSES business. As a DIAMOND PARTNER you are allowed to have a MARKETING SITE separate from your personal site.
- If you are a NONE-DIAMOND PARTNER you can use you personal FCB or INSTA site to which you can post varies Product information’s etc. and promote your PARTNERSHIP with MACSEIS in a mix with your personal posts. Also, you can use your personal blog or vlog to promote your affiliation with MACSEIS and its Products
- Videos produced by THE GROUP and Graphics can be posted as long as such re-posting is done in accordance with these POLICIES & PROCEDURES
- Products can only be sold on the internet through THE GROUPs WEBSTORE www.macseis.com
14.8 When sending out mailings you must comply with all laws regarding the sending of email messages, privacy and electronic communications. These laws must be read, and you must know to the exact what these constitutes.
14.9 Activities related ebay and craiglist is prohibited.
14.10 Before you contact a Prospective Client you must verify that the lead here to has been lawfully obtained for your local area to send mailings to. In the event a prospective prospect demands of you to seize sending emails you must immediately delete such Prospect off your mailing list.
14.11 Graphics for mailings can be obtained from THE GROUP and you are prohibited from creating your own mailer graphics.
14.12 In the event you hold events to find TEAM partners you are not allowed to ask for reimbursement of your cost on holding such meetings. However – if you offer drinks (none-alcoholic) and sandwiches at such meetings you are allowed to charge a meeting-fee of maximum €20 per head.
15. THE GROUPs RIGHT OF FINAL DETERMINATION
15.1 THE GROUP reserves its final Determination Rights upon revision of a MACSEIS AFFILIATE BRAND PARTNER to decide whether a PARTNER is adequate in its representation, performance and outlook to continue its MACSEIS ACCOUNT with THE GROUP. If not, then THE GROUP will terminate the ACCOUNT with 30 days’ notice.
16. INTERNATIONAL BUSINESS
16.1 If you are a DIAMOND PARTNER you are allowed to conduct your MACSEIS AFFILIATE BRAND PARTNERSHIP business across the EU. Here to you are automatically authorized when becoming a DIAMOND PARTNER.
17. OWNERSHIP OF MACSEIS NETWORK AND SYSTEMS
17.1 You agree that the MACSEIS NETWORK is protected as a valuable, proprietary, trade secret asset that is owned by THE GROUP. The MACSEIS NETWORK has been developed for the exclusive benefit of THE GROUP and the MACSEIS AFFILIATE BRAND PARTNER while they carry out authorized activities to promote MACSEIS Products throughout the MACSEIS NETWORK and that the protection of the NETWORK is fundamental to the ongoing success of both parties and that a violation of your obligations under this Clause inflicts irreparable conflict and ruins to the NETWORK and that based on the above you agree that a breach of these obligations here under would constitute an unwarranted interference with the contractual relationship between You and THE GROUP and also the Clients we have found and serviced together. Furthermore, it would lead to diminishing our competitive advantage that we have been built over years by MACSEIS and You in your time as a MACSEIS AFFILATED BRAND PARTNER.
17.2 Sale of Third-Party Products that are competitive to MACSEIS PRODUCT RANGE, CONCEPT and or COLLECTION is prohibited. As such you may not offer Third-Party Products that are in conjunction with MACSEIS Products.
17.3 Should you acquire TEAM-MEMBERS for yourself then these are not allowed to represent a brand that is in competition with MACSEIS Products either.
17.4 Your MACSEIS ACCOUNT is exclusive to you as ACCOUNTs allocated to TEAM-MEMBERs are exclusive to them.
17.5 Maintaining your TEAMLEADER status is only possible if you run your team and make meetings and submits the TEAM SALES PERFORMANCE PLAN weekly to THE GROUP SALES DIRECTOR. Also, if you are TEAMLEADER you are not allowed to represent another Brand while you must have time to commit to such an effort and status.
17.6 Should you achieve the status of DIAMOND PARTNER then THE GROUP expect of you to only represent MACSEIS Products.
17.7 HOW to deal with a Prospective Client:
- You can mail, call and go from door-to-door to make sales
- You can make client-meetings with Product Presentations. You are more a Presenter than a salesperson
- If the Client ask for a Budget from you on different Products you take note of the Products, quantities and Color Combination and you send these info’s to your MACSEIS SUPPORT who will issue the Budget to Client by email and copy you
- You always open an Account for your Client in the MACSEIS WEBSTORE
- If your Prospective Client agrees to place order, you can either take the order by email or tell your Client to put the order into MACSEIS WEBSTORE using the Clients MACSEIS WEBSTORE Account
- The Client pays the order by credit card in the MACSEIS WEBSTORE or by bank transfer to THE GROUP (MCS DIRECT SLU) and we pay you your Commission
- If your Client wish to have logo imprint on the ordered Products you obtain the logo from the Client in a High-Resolution PDF File and email it to your MACSEIS SUPPORT
- THE GROUP has internal printing factory, and your order will go to a queue to be finalized within a set Deadline that will be furnished to you and your Client
- When finished the order will be accounted for and end checked and shipped out to the Client including a Delivery Note
18. CONFIDENTIAL CLAUSE
18.1 Due to becoming a MACSEIS AFFILIATE BRAND PARTNER you have access to Confidential Information’s of MACSEIS and THE GROUP that you agree and acknowledge to be proprietary, valuable and highly sensitive to THE GROUPs business and your own business. Which Information is available to you and solely and exclusively for the purpose of selling MACSEIS Products, training, product knowledge, relationships and to further built and promote your business to ever lasting success. As such You and THE GROUP acknowledges and agree a Confidentiality and Nondisclosure with which THE GROUP can make Confidential Information’s available to you as follows; - during the term of this agreement and for a period of 4 years after a termination or expiration of your MACSEIS AFFILIATE BRAND PARTNERSHIP with THE GROUP you will not, for any reason, on your own behalf, or on the behalf of any other person:
- Disclose any Confidential Information related to or contained in the MACSEIS NETWORK to any third party.
- Disclose your password to the MACSEIS NETWORK (Your MACSEIS ACCOUNT) to any third person
- Use the Confidential Information to compete with THE GROUP
18.2 Upon non-renewal, termination of your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT you will promptly destroy and or hand back all affiliated Confidential Business Materials to THE GROUP. The obligations in Clause 18.1 will survive this Agreement.
19. THIS ENFORCED AGREEMENT
19.1 You agree that this agreement constitutes the entire based relationship between You and THE GROUP. This agreement may be amended from to time to time, but this agreement constitutes the POLICIES & PROCEDURES related the business between You and THE GROUP.
19.2 In the case of Violation THE GROUP will not act on any alleged Violation unless such has been submitted in writing to THE GROUP. A Violation claim terminates if no action has been taken 2 years after it occurred.
19.3 This Agreement may be terminated at any time by the MACSEIS AFFILIATE BRAND PARTNER and without incurring any costs or penalty due to your termination by providing THE GROUP with an email confirming your termination. THE GROUP may terminate this Agreement without Notice if you have not engaged in any Business Activity on your ACCOUNT for a period of 12 or more consecutive months. Termination due to not meeting your obligations or being in breach (immediate Termination) of this Agreement must be made with a Notice of 30 days through email to you by THE GROUP.
19.4 Termination of your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT results in losing all rights and benefits out of your ACCOUNT including permanent losing your TEAM. This in line with the Termination of your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT.
19.5 In case of a Termination due to a Dispute, THE GROUP will take immediate action against a potential violation and act or remedy that it deems appropriate including terminating your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT without Notice. This will lead to at first a hold to your ACCOUNT and a stop in Commissions and an immediate stop in offering MACSEIS Products to Prospective Clients within your sphere. In such a case THE GROUP will at first furnish you with an email laying out the case and give you 10 days to make comments here to. In the case we can agree to continue your ACCOUNT will be re-opened and you can continue your Business Activities. If no agreement between us can be reached THE GROUP will Terminate your ACCOUNT permanently.
19.6 A DISPUTE MEANS: - VIOLATION OF THIS AGREEMENT, Claims, Disputes, Complaints whether coming from the Parties or Clients or any other Third-Party based in this Agreement, Law, Product Liability or any other Dispute arising from your handling of your MACSEIS AFFILIATE BRAND PARTNER Business Activity. If you have a TEAM, Disputes between you and your TEAM BRAND PARTNERS or any other cases relating your ACCOUNT with THE GROUP, or your Disagreement with the Terms in this Agreement or your Disagreement with Disciplinary Actions or Interpretation of this Agreement taken by THE GROUP against you.
19.7 In case of a of Third-Party Claim and in order to protect THE GROUP, its assets, reputation from a claim or dispute occurring from a Third-Party THE GROUP would require the following:
- If the MACSEIS AFFILIATE BRAND PARTNER or any PARTNERS from a TEAM or individually is charged with any infringement or any proprietary right of any from the outside (have no ACCOUNT) and is subject of any Claim or suit related to your Business Activity or any other lawsuit or claim against you that may bring the reputation of THE GROUP in jeopardy or directly or indirectly puts THE GROUP, its reputation, or any of its tangible or intangible assets at risk.
- To drive against such events THE GROUP may at its own expense and upon reasonable notice, take whatever action it deems necessary, including litigation or settlement discussions here to. In such an event the MACSEIS AFFILIATE BRAND PARTNER will seize to have Business Activity with such Third-Party.
19.8 This Agreement is Final. The MACSEIS AFFILIATE BRAND PARTNER agrees to that this Agreement touches all issues that may occur between the Parties. Also, this Agreement lays out all POLICIES & PROCEDURES required to follow to conduct the Business Activity being a MACSEIS AFFILIATE BRAND PARTNER and if followed could lead to a certain level of success and or even a high level of success depending the skills and performance of the MACSEIS AFFILIATE BRAND PARTNER. This Agreement supersedes all prior negotiations and or consultations and or agreements and or conversations before the Sign-Up of the MACSEIS AFFILIATE BRAND PARTNER. This Agreement that comes into effect by the signing-up as MACSEIS AFFILIATE BRAND PARTNER and clicking the Acceptance BOX for this POLICIES & PROCEDURES AGREEMENT as well as MACSEIS BRAND PARTNER PROGRAM as well as MACSEIS COMMISSION BOARD as well as MACSEIS SALES PERFORMANCE PLAN as well as MACSEIS CONDITIONS OF SALES.
This Agreement may not be contradicted while it invalidates all prior notes, memoranda, demonstrations, discussions, and or descriptions relating to the subject matter of this Agreement. Also, it cannot be contradicted by evidence of any alleged prior oral or written Agreement.
20. ARBITRATION & JURISDICTION
20.1 Governing Law and Jurisdiction is Principate Andorra. And is the exclusive venue for Arbitration or any other Resolution of any Disputes. The place of origine of this Agreement is as such AD500 Andorra la Vella, Principate Andorra, and the Agreement will be governed by, construed in accordance with and interpreted pursuant to the laws of Principate Andorra. The exclusive venue for any Arbitration and or all Disputes will be the TRIBUNAL SUPERIOR DE JUSTICIA, Andorra la Vella, Principate Andorra. You here by confirm that you agree to the Governing Law and Jurisdiction of this Clause and Agreement.
20.2 Notice of Termination is 30 days. Both Parties agree to terminate by email.
21. DEFINITION OF TERMS
ADVERTISING MATERIALS
Any electronic, printed, video, graphics, oral presentations and or other material used in the offer for sales of MACSEIS Products.
AUTHORIZED MARKET
The Market you are working in to get Clients.
OUR BENEFICIAL INTEREST
Support your work to get Clients in your market. Your allocated MACSEIS SUPPORT.
COMMISSIONS
Commissions paid on net Sales Turnover (excl. of Sales Tax and or VAT as well as Shipping Costs) to the MACSEIS AFFILIATE BRAND PARTNER by THE GROUP.
MACSEIS AFFILIATE BRAND PARTNER ACCOUNT
Your MACSEIS AFFILIATE BRAND PARTNER ACCOUNT created when you Sign Up and click the ACCEPTANCE BOX to the MACSEIS POLICIES & PROCEDURE AGREEMENT (this document) and have been approved by THE GROUP.
MACSEIS POLICIES & PROCEDURES AGREEMENT
This Agreement between the Parties (MACSEIS AFFILIATE BRAND PARTNER and ROCKETEX SLU and MCS DIRECT SLU) that regulates all Policies and Procedures managing the cooperation between the Parties.
THE GROUP
Consisting of the BRAND OWNER and Propriétaire, ROCKETEX SLU, Principate Andorra. The DISTRIBUTING ORGANIZATION, MCS DIRECT SLU, Spain and the MACSEIS AFFLIATE BRAND PARTNER - You.
BUSINESS ACTIVITY
Promoting, sales, presentations of the MACSEIS Products within the sales area of the MACSEIS AFFILIATE BRAND PARTNER from which you will gain Commissions on net Sales Turnover (excl. of Sales Tax and or VAT and Shipping Costs).
CONTACT & SUPPORT
The MACSEIS SUPPORT on offer from THE GROUP to the MACSEIS AFFILIATE BRAND PARTNER in terms of human resource back-up on orders and or any other kind of SUPPORT that helps enhance your Business Activities. Here to THE GROUPS Sales Director is MERITXELL VELOSO, WhatsApp +376 666 588.
INTERNET SITE
MACSEIS WEBSTORE from which Prospective Clients will purchase its MACSEIS Products and make payment here for – www.macseis.com
NETWORK
The complete MACSEIS NETWORK of THE GROUP and its Brand Affiliates member-partners Business Activity and the MACSEIS Product Concept and Systems and all other components included in THE GROUPs Intellectual Property and values in its Trade-Marks, Clients, Partners etc.
MACSEIS DIRECT
MCS DIRECT SLU the Distributor and affiliated company of ROCKETEX SLU that distributes and sells all MACSEIS Products within Europe.
PERSON
An individual or Business Entity that is a MACSEIS AFFILIATE BRAND PARTNER.
TEAM
Your TEAM consisting of people you have recruited to the MACSEIS NETWORK that will enter your organized TEAM to which you will submit weekly SALES PERFORMANCE PLANs and receive TEAM-BONUSES.
SALES VOLUME
The complete weekly/monthly/annually net Sales Turnover you close through your Business Activities individually or in your TEAM.
MACSEIS AFFILIATE BRAND PARTNER
An independent contractor that signs up to become a MACSEIS BRAND AFFILIATE and is approved by THE GROUP to make MACSEIS Product Presentations and Sales in the local market and across the country he or she resides. Allowed to recruit other MACSEIS AFFILIATE BRAND PARTNERs that also signs up and get approved by THE GROUP and that will enter the recruiting BRAND AFFILIATEs TEAM to which the recruiting AFFILIATE (you) will receive a net TURNOVER BONUS of 2.5% of the recruited BRAND AFFILIATEs net Sales Turnover (excl. of Sales Tax and or VAT and Shipping Costs).
MACSEIS GOLD PARTNER
A MACSEIS AFFILIATE BRAND PARTNER that passes €15,000 in net Sales Turnover within a year of Business Activity.
MACSEIS PLATINUM PARTNER
A MACSEIS AFFILIATE BRAND PARTNER that passes €25,000 in net Sales Turnover within a year of Business Activity.
MACSEIS DIAMOND PARTNER
A MACSEIS AFFILIATE BRAND PARTNER that passes €35,000 in net Sales Turnover within a year of Business Activity. A DIAMOND PARTNER is entitled to make a MARKEING SITE to promote its MACSEIS Product sales.
MACSEIS PRODUCT PLACEMENT
MACSEIS Product Placement is between low-cost and medium-cost placed Work Wear, however our product quality is Premium which should give incentive creating positive Business Activities and success. MACSEIS Products are fully competitive.
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