My Shopping Cart
Your cart is empty.
Total: $ 0
Notifications
View All
MAXIMPACT CONSULTANT INTRODUCTION AGREEMENT

MAXIMPACT CONSULTANT INTRODUCTION AGREEMENT


BY TICKING THE “ACCEPT INTRODUCTION AGREEMENT” BUTTON DISPLAYED AS PART OF THE INTRODUCTION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE MAXIMPACT CONSULTANT INTRODUCTION PROGRAM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE MAXIMPACT CONSULTANT INTRODUCTION PROGRAM.


This Agreement is effective as of the Effective Date and shall continue in force, unless otherwise terminated in accordance with the provisions of this Agreement, for a period of 12 months (the “Term”). [The Agreement will renew automatically for the same term listed above. unless either Party gives a 30 days’ written notice by e-mail of its intent not to renew.]

BETWEEN: YOU, (the “Agent”), shall mean the person or business entity that reviews and agrees the terms and conditions of this Agreement by clicking “I agree”
AND : Maximpact Services, a Limited liability company existing under the laws of United Arab Emirates,(the “Seller”) with its registered address at Office No.135 F-D, Level 1, Incubator building, Masdar City, Abu Dhabi, United Arab Emirates, with the registered number MC 11460

RECITALS
WHEREAS, the Agent is engaged in to perform the services described in this Agreement (the “Services”)
WHEREAS, the Seller publishes advertisements for third-party websites on the Seller’s website --- www.maximpact.com (the “Website”);
WHEREAS, the Seller wishes to engage the Agent for the purpose of the introduction or engagement of a consultant on the terms and conditions set forth below;
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:

1.

COMPENSATION

The total compensation for the Services shall be as 50 % of the net value of goods and services sold by the Seller as a direct result of a consultant introduction. Net value should exclude value added tax and payments honoured by a financial institution. Commissions for consultant introductions are based upon the agreed prices at the time of order and is recorded by the Seller. The Seller can change its offer for the introduction commission at any time, which will apply to all new advertisements from the date of change noted on this website.
2.

TERMINATION.

This Agreement may be terminated:
  • (i)
    By either Party on provision of 30 days of written notice to the other Party.
  • (ii)
    By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within 10 days of receipt of written notice thereof.
  • (iii)
    By either party at any time and without prior notice, if the other Party is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the other Party, or is guilty of serious misconduct in connection with its performance under this Agreement.
3.

RESPONSIBILITIES

(a) The Agent agrees to do each of the following:
  • (i)
    To select, contract, monitor, introduce or engage an appropriate Consultant for the Seller
  • (ii)
    The Agent is responsible for selecting the Consultant, and awarding subsequently administrating the Contract. The employing of consultants depend on circumstances of the particular services needed for the Seller as:
    • The need for high-quality services
    • The need for economy and efficiency
    • The need to give qualified consultants from all eligible countries
(b) The Seller agrees to do each of the following:
  • (i)
    Provide all assistance and cooperation to the Agent
  • (ii)
    Provide initial information and deliver the Agent within 7 days of the Effective Date
  • (iii)
    Act as an “Collateral Agent” for itself when needed
  • (iv)
    Make a good faith effort to provide customers with the products and/or services advertised in the Advertisement.
4.

CONFIDENTIAL INFORMATION

The Agent agrees, during the Term and 3 years thereafter, to hold in strictest confidence and not to use, except for the benefit of the Parties or as required by law, or to disclose to any person, firm, or corporation without the prior written authorization of the Seller any Confidential Information. “Confidential Information” means The Seller’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, reports, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to one Party by the Agent, either directly or indirectly.
The Agent may do follow-up enquiries with any introduced Consultant to confirm their appointment and to gather feedback about their experience with the Seller’s goods or services as supplied. The Agent may use the confidential Information to the extent necessary for negotiations, discussions, and consultations with the Seller’s personnel or authorized representatives or for any other purpose the Seller may hereafter authorize in writing. At the request of the Seller, the Agent must promptly return all copies of confidential information received from the Seller, and must promptly destroy all other confidential information prepared by it in connection with this Agreement, including, without limitation, any notes, reports, or other documents.
5.

INDEMNIFICATION

The Agent shall indemnify, defend and hold the Seller harmless from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities costs and expenses (including without limitation interest, penalties, and attorney’s fees and disbursements) which may at any time be suffered or incurred by, or be assessed against, any and all of them, directly or indirectly, on account of or in connection with:
  • (i)
    The Agent’s default under any provision herein, breach of any representation or warranty herein, or failure in any way to perform obligation hereunder; or
  • (ii)
    Negligent acts or omissions or the wilful misconduct of the Agent or its employees, Referrals, contractors or invitees
6.

NATURE OF RELATIONSHIP

The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. Nothing in this Agreement shall create any obligation between either Party or a third party.
7.

AMENDMENTS

No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.
8.

ASSIGNMENT

The Agent may not, without the prior written consent of the Seller, assign, subcontract, or delegate its obligations under this Agreement, except that the Seller may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Agent of written notice of such assignment or transfer.
9.

SUCCESSORS AND ASSIGNS

All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.
10.

FORCE MAJEURE

A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
  • (a)
    Notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and
  • (b)
    Use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.
11.

NO IMPLIED WAIVER

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
12.

NOTICE

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing by e-mail to the respective Party.
13.

APPLICABLE LAW AND DISPUTE SETTLEMENT

This Agreement and the rights and obligations of the Parties hereto shall exclusively be governed by and construed in accordance with the laws of Switzerland.
Any dispute, controversy or claim arising out of or in relation to this agreement, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of arbitration shall be Geneva. The arbitral proceedings shall be conducted in English language.
14.

COUNTERPARTS/ ELECTRONIC SIGNATURES

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
15.

SEVERABILITY

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
16.

ENTIRE AGREEMENT

This Agreement, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
17.

HEADINGS

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.