TERMS AND CONDITIONS OF IBM AGREEMENT
1. ACCEPTANCE: By clicking “Sign -Up” This document, including the IBM Registration form overleaf, if completed accurately and in full and signed by the Applicant, if accepted and confirmed by TheViralMarketer in terms of this agreement, constitutes the IBM agreement between TheViralMarketer and the Applicant whose signature and details appear overleaf. However, should this registration form be accepted by TheViralMarketer, whether or not completed in full, the terms and conditions as set out in this agreement, will govern the relationship between TheViralMarketer and the Applicant whose details appear in the database after clicking “Sign-Up”.
2. AGREEMENT: Upon acceptance of this registration form, TheViralMarketer appoints the Applicant, as an Independent Business Owner (hereinafter referred to individually and collectively as “IBM”) of TheViralMarketer products and the IBM accepts such appointment on the terms and conditions herein. The acceptance by TheViralMarketer of this application for registration as an IBM is at the sole discretion of TheViralMarketer.
2.1 THE IBM CONFIRMS THAT he/she is at least 18 years of age and has the legal capacity to enter into this agreement and carry out the duties under this agreement. Parental consent is required for any person below the age of 18 years.
2.2 No Refunds will be processed by TheViralMarketer as a member to member payment system is in place.
4. RELATIONSHIP BETWEEN THE PARTIES: Nothing in this Agreement shall establish an employment relationship, or other labour relationship, between the IBM and TheViralMarketer and nothing shall establish the IBM's position as procurer, broker, mandatory, agent, contracting representative or other representative of TheViralMarketer. The IBM will be liable for his/her own taxes from income generated through marketing efforts of TheViralMarketer.
5. COMMENCEMENT AND TERM: This Agreement shall come into force on the date of acceptance by TheViralMarketer and the Applicant clicking “Sign Up” which generate an IBM number for the Applicant.
6. RENEWAL: The IBM will be regarded as a LIFETIME member for the duration of TheViralMarketer and no action will be required to renew membership.
7. Membership Cancellation: An IBM may request to be removed from the electronic database of TheViralMarketer at any time through their email address as registered within the database of TheViralMarketer.
8. MODIFICATION OF TERMS: TheViralMarketer may modify the terms and conditions in this agreement, by providing notice of such changes by publication on our website: www.theviralmarketer.biz, which the IBM has an obligation to read carefully. All modifications shall take effect from the date of publication or any later date expressed in the notification. THE IBM EXPRESSLY ACCEPTS THAT he/she will be bound by modifications to these terms and conditions as provided for in this agreement. But for the modification provided for in this paragraph, any other modification must be done in writing and signed by both parties.
9. CESSION AND ASSIGNMENT: The IBM may not assign, cede, delegate, transfer or otherwise make over the terms and conditions of this Agreement to any third party without the prior written consent of TheViralMarketer.
10. USE OF NAME AND LIKENESS: THE IBM AUTHORISES AND CONSENTS to the use by TheViralMarketer of the IBM's name and likeness in any media produced or authorised by TheViralMarker for any lawful purpose, including but not limited to: use on the Internet (world wide web), in photography, in other audio-visual material, and in TheViralMarketer brochures and advertisements, for marketing and other purposes. On the other hand, the IBM is not entitled to use the TheViralMarketer trade name, trademark, service mark, design, symbol, copyrighted material or any other asset of TheViralMarketer, other than as set forth herein.
11. USE AND DISSEMINATION OF INFORMATION: Subject to mandatory applicable law:
11.1 THE IBM CONSENTS THAT TheViralMarketer may collect, retain, use, compile, pool, process and disseminate the information on the online registration form. The only personal data that will be collected is the name and email address of the IBM. TheViralMarketer primary business operations are that of collecting “leads”. These data of the IBM will only be distributed to the appropriate “upline” designated to receive the data of the IBM. The “upline” at his/her discretion will be allowed to add the IBM data to an email marketing campaign. The IBM must be presented by the “upline” the option to unsubscribe from such email marketing campaign.
11.2THE IBM CONSENTS that TheViralMarketer and may use the IBM's personal data for the purposes of (a) facilitating performance of this agreement; (b) contacting the IBM for further information; (c) improving TheViralMarketer's communication techniques and channels; (d) personalising the level, type and method of contact TheViralMarketer has with the IBM; (e) evaluating the IBM's satisfaction with current products and services offered by TheViralMarketer; (f) improving products and services offered by TheViralMarketer; (g) correction or amendment of the IBM's personal data; (h) prevention of fraud; (i) providing information on the purchase volumes and earned commissions and levels of awards of your IBM or IBMs connected with you or your IBM under TheViralMarketer Sales and Marketing Plan. Furthermore, TheViralMarketer and the Third Parties identified above may use the IBM’s personal data for the purposes of tailoring product or service offers to the IBM or a group of individuals with the same characteristics as the IBM and/or compiling a demographic study, PROVIDED THAT THE IBM HAS EXPLICITLY CONSENTED during the online registration process form that the IBM's information may be used for direct marketing and research purposes.
11.8 TheViralMarketer shall maintain its data warehouse in a secured stand-alone server located in a controlled and secure area. Personal data will be available only to users employed or authorised by TheViralMarketer, affiliates, subsidiaries and/or divisions of TheViralMarketer, Third Parties and IBMs who can present identification and are approved users who have signed a declaration that they will not use the data for any purpose other than the purposes stated herein. Personal data stored electronically, will only be accessible to users employed or authorised by TheViralMarketer, affiliates, subsidiaries and/or divisions of TheViralMarketer, Third Parties and IBMs who have approved login identification numbers and password protection. Personal data that is stored electronically shall be backed up periodically. The backup data shall be retained in a second controlled and secure area.
13. GOVERNING LAWS, DISPUTES: This agreement shall be construed, governed and interpreted in accordance with the laws of the Republic of South Africa and should a dispute arise from this agreement, the parties shall negotiate in good faith with each other to resolve the dispute.
14. CHOSEN ADDRESS FOR SERVING DOCUMENTS AND NOTICES: The parties choose the addresses as set out overleaf (or as amended by notice in writing) as their respective addresses for the purposes of serving and receiving documents and notices.