Between the company Master Business (1), hereinafter the “Company” or “MB”, on the one hand,
And the natural or legal person proceeding to the purchase of an MBA license (or Master Business Ambassador) entitling him/her to the affiliate program called “MBA Program”, hereafter “MBA”, on the other hand,
it was set out and agreed as follows:
Article 1: Object of the contract
The Company entrusts the MBA with the mandate to represent it in order to collect orders for products in its product line, without a specific territory, by prospecting a clientele of individuals or professionals in a face-to-face manner, by telephone or by using new information technologies.
Article 2: Exercise of the activity
The MBA exercises its activity in complete independence, freely managing the organization of its work and determining its level of activity and financial objectives. The Company may nevertheless provide assistance to the MBA, at the start and during the course of its activity, consisting in particular in making available to it sales tools and specific training in direct sales and professional ethics, and in the delivery of periodic technical and commercial information such as brochures, guides, training videos, action plans, invitations to meetings and events in person or via the Internet.
The Company may provide the MBA with management and administrative assistance, including the provision of accounting models, the provision of a system for managing the commissions earned by the MBA in connection with its activity (also called Backoffice) and the preparation of a commission report. The MBA and the company exchange information on the state of the market, customer needs, the competitive situation, the network’s figures and, in general, all information useful to the exercise of the profession. To this end, meetings may be organised.
Article 3: Conclusion of the online contract
The MBA must follow a series of steps to conclude the contract electronically: information on the duration of his MBA license, choice of service, if any, of his options, indication of the essential contact information of the MBA (identification, email, address…), creation of an account in the Backoffice, acceptance of the General Terms and Conditions of Sale, acceptance of this MBA Agreement and, if applicable, correction of errors. Then, the MBA proceeds to the payment of the service and the MBA license. The MBA shall receive a confirmation by e-mail of the payment of the order. During the ordering process, the MBA shall have the possibility to identify and correct possible errors in the data entry. The language offered for the conclusion of the contract is English.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract. For the purposes of proper execution of the order and if necessary, the MBA undertakes to provide its true identification elements. The Company reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Legal status, charges and costs
The MBA is independent and can be carried out on an occasional, part-time or full-time basis. The relationship between the Company and the MBA is a strictly commercial relationship. There is no employment relationship between the Company and the MBA. Given the nature of this relationship, the legal, administrative and tax procedures related to the MBA’s activity are entirely at its expense. The Company may nevertheless advise the MBA of statutes adapted to its situation according to the laws of the country or countries in which it operates.
Article 5 : Waiver of the right of retraction
As stipulated in the Conditions Générales de Ventes, the right of withdrawal within 14 days of the date of the order cannot be exercised in the case of services offered by the Company. Indeed, the provision of the service is fully executed before the end of the withdrawal period. As stipulated in the General Terms and Conditions of Sale, at the time of his purchase, the consumer expressly renounces his right of retraction, as stipulated in article L.121-21-8 of the Consumer Code.
Article 6: Respect for commercial standards and corporate image
During the exercise of its MBA activity, the presentation, description or demonstration of the products or services marketed must comply with the data sheets, technical guides and descriptions provided by the Company. However, the MBA remains free to determine its own commercial arguments.
These rules shall also apply when the MBA sets up its own MBA network, which it undertakes to assist and lead.
The MBA shall use the Company’s name, logo or trademark solely for the purpose of distributing products or services or for researching new MBAs in compliance with the Company’s standards and image and after prior agreement of the Company.
Article 7: Selling price of services
The Company shall communicate to the MBA via its website and communication materials the price of the products or services it will have to sell. A new price list will be communicated to the MBA each time a change occurs. The new price list shall be deemed accepted by the MBA as of the first order following the issuance of this information.
Article 8: MBA Revenues
The MBA will receive a direct sales commission equal to 15% of the amount (excluding VAT) of orders booked by him/her and successfully completed, i.e. collected by the Company. This amount excludes the USD 49 license fee in the case of recruiting a new affiliate. He will also receive commissions based on the sales made by the MBA group he has set up, which he leads and for which he provides effective services, not limited to simple recruitment. These commissions generated by the sales of its affiliate network (called Team Bonus and Matching Bonus) are described in the Company’s “Compensation Plan”.
Article 9: Payment of MBA commissions
At the time of the validation of the payment of the product or service purchased by a customer, the Direct Sales and Matching Bonus commissions generated by this sale are deposited into the electronic account called E-Wallet.
The Direct Sales and Matching Bonus commissions generated by the MBA’s sales and those of its affiliate network are deposited at the time of validation of the payment by the Company in an electronic account called E-Wallet. This account is also credited every Monday at 00:01 GMT with the Team Bonus, calculated according to the Compensation Plan on the sales made during the previous week.
Once the MBA reaches $49 USD in commissions on his E-Wallet, he can request a withdrawal of his commissions via his Backoffice. The commissions will then be deposited via the payment method selected by the MBA in his Backoffice. All commission payments are made weekly during the night of Tuesday to Wednesday, GMT.
A transaction fee of 1% is debited from the E-Wallet at the time of the withdrawal request.
Article 10: Jurisdiction
By express agreement between the parties, this contract is subject to both French and Scottish law. All disputes arising from this contract shall be submitted to the ICPEN of Edinburgh, Scotland.
Article 11: Partial nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual amendment shall only be valid after official notification by e-mail from the Company.
(1) : MB Corporate International LP – 101 Rose Street South Lane, EH23JG, Edinburgh, United Kingdom – Company Number : SL034026 ?