• This Revised Terms and Conditions – Code of Conduct applies to any person who availed of the EM-CORE Program product and applied/applying to be registered with DOTNET Incorporated’s system. The successful applicant shall be referred to as “Independent Dealer”.
• This Revised Terms and Conditions – Code of Conduct forms part of the original contract (“Dealership Agreement”) between the Independent Dealer and DOTNET Incorporated.
• The Independent Dealer is of legal age (at least 18 years of age), with no legal impediment to enter into contract, and willfully and freely agrees to all applicable laws and regulations in relation the dealership agreement with EM-CORE (“The Company”).
• The Independent Dealer freely and voluntarily agree to the applicable existing rules and regulations, and/or to any of its AMENDMENTS/REVISIONS, issued by the Company.
• The Independent Dealer binds himself/herself to pay any taxes due and other assessments required by any national, state, municipal and local laws or other statutes and regulations, if deemed necessary.
II. EXTENT OF RELATIONSHIP
• The single purchase of any EM-CORE Program product is necessary to become an Independent Dealer of the Company. Upon the execution of the Dealership Agreement and upon registration, the Independent Dealer accepts and understands that he/she is NOT an employee, agent or legal representative of the Company or any of its affiliates.
III. RIGHTS AND OBLIGATIONS OF THE INDEPENDENT DEALER
• The Independent Dealer shall sell and promote EM-CORE products in accordance to the Compensation Plan of the Company and other relevant Rules and Regulations of the Company;
• The Independent Dealer may sponsor prospective Dealers of the Company pursuant to the conditions of the EM-CORE Program.
• The Independent Dealer shall maintain his/her status as “Dealers in good standing” (such status is determined by EM-CORE System) in order to be entitled to sponsor new Independent Dealers;
• The Independent Dealer shall only make statements, representations, claims, or warranties regarding EM-CORE Program that are officially endorsed and authorized by the Company.
• The Independent Dealer shall use the registered or unregistered trademarks, trade names, logos, and other proprietary marks of the Company or any of its affiliated companies thereof, whether or not used in commerce, to promote its business opportunity or to register the said Trademarks as domain names ONLY WITH THE PRIOR WRITTEN APPROVAL FROM EM-CORE.
• The Independent dealer has the obligation to ensure that all online marketing and promotion activities are ethical, truthful, not deceptive, and are not misleading potential customers or dealers in any way.
• The Independent Dealer is expected to exhaust all means to promote and market the products of the Company.
• The Independent Dealer shall sell, convey and/or distribute the products of the Company to the consumers and/or other resellers strictly at the prices fixed by the Company.
• The Independent Dealer may only use such promotional, marketing, and advertising materials as are allowed by the Company in writing.
• The Independent Dealer shall only make such promises, undertakings, commitments, and warranties in the promotion, marketing, and sale of products as are consistent with those appearing in the website or such other official communication platforms of the Company.
• The Independent Dealer is required to state/show proper income disclaimers when creating their own promotional videos and literatures discussing income and commissions
• The Independent Dealer may only have ONE sponsor. The Company does not tolerate cross recruiting of other Company Dealers.
• If the Independent Dealer wanted to change sponsor, he/she may voluntarily deactivate his/her current account and wait until 180 days to be allowed to sign up again for a different sponsor.
• The Independent Dealer agrees to receive regular email newsletter, email, promotions and text messages from the Company’s Support System.
IV. BENEFITS OF THE DEALER
• The Independent Dealer have been informed of the Compensation Plan, as well as other related rules and regulations of EM-CORE Program; and shall abide by the terms and conditions stated in the said documents.
• The Independent Dealer agrees that the terms and conditions of the Company’s Compensation Plan, and policies and procedures may be changed and updated from time to time to include revisions, supplements, or amendments. Such changes thereto shall be automatically incorporated herein by this reference or by subsequent issuances.
• Once a Dealership Agreement has been accepted, the benefits under the Commission Plan and the Dealership Agreement shall be available to the new Dealer. These benefits include the right to:
• Promote and sell the Company’s products and services.
• Participate in the Company’s Compensation Plan (the right to receive commissions from the sale of the Company’s products and services).
• Refer other individuals as Dealers into the EM-CORE program and thereby build a Marketing Organization
• Regular online connections with the Company’s Top Leaders.
• Participate in Company trainings, motivational and recognition functions upon payment of appropriate charges if applicable.
• Participate in promotional and incentive contests and programs sponsored by the Company for its Dealers.
• In addition to the retail profits of the Independent Dealer, he/she can earn from resale of Products and receive Bonuses under the Sales Compensation Plan, subject to the following conditions:
• The Independent Dealer found to be in violation of the Dealership Agreement and this “Terms and Conditions-Code of Conduct” may not receive any Bonuses.
• The requirements for receiving a Bonus and the terms for determining the amount of the Bonus may be changed by the Company at any time upon 30 days prior notice;
• Bonuses may be paid by wire transfer, check, or any other method chosen by the Company;
• No interest accrues on Bonuses when the payment of such has been delayed by the Company for any reason;
• The Company will pay no Bonuses if the required monthly maintenance is not fulfilled.
• If the Independent Dealer’s Affiliation is suspended due to a violation/complaint, any unpaid accrued Bonuses will be put on hold during investigation. It shall be forfeited once violation/complaint are proven to be true.
• If the Independent Dealer’s your Affiliation is terminated, any unpaid accrued Bonuses will be forfeited.
VI. PROHIBITED ACTS
• Cross-Sponsoring “Cross Sponsoring” is defined as the enrollment into a different line of sponsoring of an individual or business entity, that already has a signed Agreement with EM-CORE Program. Actual or attempted cross sponsoring is NOT allowed. If cross sponsoring is verified by the Company, sanctions and including termination of a Dealer’s distributorship may be imposed.
• No Cross-lining No Independent Dealer shall actively recruit or persuade other members or any of their relatives, that are not under his/her organization to transfer and register again under him/her.
• Bashing or bullying including social media on co-dealers Posting negative comments on social media or any public media against a member, product, service or staff of the Company is strictly prohibited.
• Disrespect Dealer and company No Independent Dealer shall verbally, physically or emotionally abuse, disrespect or harass a member, staff, management and/or its company reputation.
• Baring false witness / Creating Spreading malicious information No Independent Dealer shall spread rumors or negative comments/issues against any member, staff, management, products, services related to the Company.
• Unauthorized Discounts Independent Dealer shall not sell or offer to sell their products at a discount, or hold, join, participate at any promotional sale or special events, or sale at marked down prices, unless authorized in writing by the Company.
• Non-support of company events & activities No Independent Dealer shall discredit or discourage other individuals from attending or supporting a company event, product, service.
• Unauthorized collection of payments.
• Independent Dealers are not allowed to collect any payments from prospective clients or customers. Only payment accounts listed in the official the Company website can be used for accepting payment.
• Unauthorized use of the Company’s contents and materials All contents on the official website is owned by the Company. The Independent Dealer shall not to copy, re-upload, distribute, alter the contents from our website without permission. The Company claim all property rights, including intellectual property rights for all our content and you agree not to infringe upon those rights.
• Independent Dealers are NOT ALLOWED TO RE-UPLOAD OFFICIAL VIDEOS on their own YouTube or any social media accounts without written permission.
• Unauthorized use of online selling platforms All Company Products are not allowed to be displayed, sold or promoted on e-commerce platforms such as, but not limited to Shopee, Lazada and Carousell PH unless duly accredited by the company.
• Dealers are NOT ALLOWED to post, market or sell any Company Products and/or Packages on websites or applications that does not show or reveal the sellers information.
• All Independent Dealers, resellers, EMS and EMBCs who are caught in violation of this policy will be automatically terminated and penalized of not less than Php350,000.00.
• Unauthorized use Company’s Trademarks/Tradename The unauthorized use of the Company’s Trademarks/Tradename is illegal and shall constitute a material breach of the Dealership agreement and shall result in any or all of the following:
• Automatic termination of the Dealership Agreement;
• All materials and products bearing the unauthorized use of the Company’s Trademarks or domain names in any registration or application thereof should be automatically terminated;
• The Company shall not incur any liabilities as a result of any damages sustained by third parties due to said illegal use of the Company’s Trademarks, trade names, logos, and signs; and
• The Company may institute whatever legal remedies against the Independent Dealer, whether civil or criminal.
• The Company’s Management reserves the right to identify in public through any means, the names of Independent Dealers, resellers, EMS and EMBCs who have been terminated in order to warn the public that said individuals are no longer connected to the Company, and that any transaction or business with these individuals will not be honored by the company.
• The Company Management reserves the right to ban any platforms and/or websites it deems necessary.
VIII. WAIVER AND WARRANTIES
• The Independent Dealer certifies that all information provided by the Application Form and Dealership Agreement are true and correct. The Independent Dealer further agrees that providing false or misleading information authorizes the Company, at its election, to declare this Contract void from its inception. Upon due assessment, the Company, based on its sole discretion, may reject this contract without disclosing any reason thereof.
• The Independent Dealer understands that this application form is deemed accepted by the Company when entered into the Company’s database. In the event that this Application form is not accepted or approved, the Independent Dealer voluntarily releases the Company and its Board of Directors, President, Executive Committee, Managers, Supervisors, officers, employees, agents, and advisors from all liability incurred by me or by any other persons. The Independent Dealer waives any associated claim(s) that might be asserted in his/her interest.
• The Independent Dealer acknowledges that the Company may suffer irreparable damages if I breach this Agreement or any portion thereof and, accordingly, the Company shall be entitled, without prejudice to the right to seek compensation for breach of any provisions of this Agreement, to the remedies of injunction and other equitable relief for any threatened or actual breach of the provisions of this Agreement and that no proof of special damages shall be necessary for the enforcement of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach of this Agreement but shall be in addition to all other remedies available at law or equity.
• Any personal information that the Independent Dealer provided to the Company is privacy protected. The The Independent Dealer’s personal information will NEVER be shared or sold to anyone. Independent Dealer’s personal information is stored in secured servers. The Company make every effort to ensure this information remains uncompromised. Please be aware, however that the Company is not responsible for the privacy policies of other websites to which the Company may link.
X. ANTI-SPAM POLICY
• EM-CORE Program strictly prohibits its Independent Dealer from using spam and other forms of internet abuse to seek referrals. Spam is defined as including, but not limited to the following:
• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of or with the express consent of the recipient.
• Unsolicited commercial email (UCE) while regarded as legal in some jurisdictions is regarded as spam by most internet service providers (ISPs) and may not be used to promote EM-CORE Program.
• Except if specifically provided, the violation of this “Terms and Conditions – Code of Conduct”, or the commission of any illegal, fraudulent, deceptive or unethical business conduct that may damage the reputation or goodwill of the Company or any of its members or product/s, may result in one or more of the following corrective measures:
• Issuance of a written warning admonition;
• Order the Independent Dealer to take immediate corrective measures;
• Disqualification from recognition, special awards, incentives;
• Payment of Fines corresponding to the damaged caused;
• Suspension of the Independent Dealer’s ability to access the EM-CORE Program website back office and/or his/her account. In the event suspension off account is issued, commissions will be withheld until such time that the suspended account is reinstated. The suspended account will not earn any commission/s and incentive/s. The reason for this is to keep everyone honest in their dealings and allegations wrongdoing; and
• Termination of the Dealership Agreement and its corresponding privileges.