Terms and Conditions
TERMS AND CONDITIONS
A. SWAG OU (hereinafter the "Company" or SWAG) has as its corporate purpose, among other things, the creation, promotion and sharing of Mining Capacity (through online conferences, seminars, live events, training, coaching etc.) and the sale of products and / or services related to e-commerce through an internet platform;
B. The Company promotes its own products / services and those of third parties with whom it has signed commercial agreements, mainly through an organization set up by Promoter, selected directly by the Company, or indicated by Promoter already present within the sales network;
C. The Company is the owner of the web domain www.swagyourlife.com which is intended for access by Customers / Subscribers and Promoters who carry out network marketing activities;
THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE CONTRACT BETWEEN YOU AND SWAG OU ARE DEFINED
ARTICLE 1 - OBJECT OF PROMOTER CONTRACT
1.1 By accepting these Terms and Conditions, you confirm that you have read, understood and accepted all the terms of this document, as well as the Policies and Procedures and the Compensation Plan.
1.2 By accepting these Terms and Conditions, you undertake to attach a photo of yourself holding and having visible a valid identity document or passport within fourteen (14) days.
1.3 By accepting these Terms and Conditions, you declare and confirm to SWAG OU that:
I. It is not bound to third parties by any non-competition agreement post-termination of the employment relationship or by agreements of any kind;
II. The execution of the activity described in these Terms and Conditions is not in conflict or generates any conflict of interest, with its work and / or commercial and professional activity, if it exists, and that to exercise the activity of Promoter needs to no authorization or approval from your employer and / or partner, or other third parties;
III. You are an adult and are authorized to be bound by each of the terms set forth herein and the terms of the Policies and Procedures;
1.4. By accepting these Terms and Conditions you request to be appointed Promoter in the SWAG network marketing program. SWAG reserves the right to accept or reject any request for any reason, in accordance with the terms and conditions established in the SWAG Policies and Procedures, currently in force or which may subsequently be modified.
1.5. If SWAG refuses this request, it will inform you by e-mail and will reimburse you any amount paid to the Company in connection with the request.
1.6. Following acceptance as a Promoter by SWAG, you obtain the appointment of Promoter for a calendar year, and are therefore authorised to promote, directly or indirectly, the collection of purchase orders for products sold and distributed by SWAG (of followed, the "Products") to the domicile of the final customers and / or in the premises in which the final customers are, even temporarily, for personal, work, study, entertainment or entertainment reasons, in accordance with the Policies and Procedures and Compensation Plan.
1.7. No purchase or investment is necessary to become a Promoter
The promoter can freely decide to buy a training package that includes a program of online courses to carry out the activity.
ARTICLE 2 - RENEWAL
SWAG will automatically renew the assignment of Promoter annually by debiting the indicated account of the promoter for an amount that will be indicated in the Promoter's Virtual Office, unless the Promoter notifies SWAG in writing before the anniversary date of the membership that wishes to terminate his/her contract with SWAG
ARTICLE 3 - OBLIGATIONS OF THE PROMOTER
3.1 You have read and agree to be bound by the terms of this Agreement, the Compensation Plan and SWAG Policies and Procedures, which are an integral part of the Contract in all respects. SWAG reserves the right to change the Compensation Plan and the Policies and Procedures in its sole discretion and you agree to be bound by such changes.
3.2 By accepting these Terms and Conditions, you expressly agree to:
a. Respect all laws applicable to the performance of your activity as a Promoter;
b. Carry out your activity as a Promoter with honesty and integrity. In particular, you will not engage in any deceptive or illegal business practices. A deceptive or illegal business practice is one that has been defined as such by applicable laws and regulations;
c. Use only the sales agreements and forms provided by SWAG for the promotion of sales of goods, services and to follow all the Policies and Procedures, as well as the commercial terms and conditions, established by SWAG for the completion and processing of such contracts and orders;
d. Forward to SWAG any purchase order collected from customers and do it in a timely manner;
e. Do not give customers any discounts, reductions or deferred payment terms, beyond the limits established by SWAG;
f. Do not collect, unless prior written authorization from SWAG, any amount from customers in relation to purchase orders duly executed, nor to grant any discounts or payment extensions to these consumers;
g. Use the trade names, trademarks and copyrights of SWAG only for the purpose of your activity as a Promoter. You undertake not to register trademarks, brand names or distinctive symbols of SWAG, or to act for the purpose of registering trademarks, brand names or distinctive symbols that may be confused with those of SWAG. This obligation is also applicable to the registration of any domain name;
h. Do not produce, promote or use materials of any kind that describe names, programs, products and all materials, registered trademarks of SWAG protected by copyright or otherwise protected, except those permitted by the rules of SWAG;
i. In the event that, in the course of business, you collect and / or processes the personal data of customers, including credit card data, you must ensure that this information is processed, stored and disposed of in total compliance with the instructions of SWAG, which is responsible for processing the data of that data, and also in a secure manner;
3.3 You have a duty to supervise and train any Promoter you have sponsored as described in the Policies and Procedures.
3.4 You are free to participate in other multilevel marketing initiatives, but you cannot sell or promote other or competitive products or services or any other multilevel marketing opportunities to other Promoters or SWAG customers.
ARTICLE 4 - PRESENTATION OF SWAG PRODUCTS, SERVICES AND OPPORTUNITIES
You agree to present the SWAG opportunity, the compensation plan and SWAG products only as indicated in the SWAG documentation and official presentations. At any time, you will act in an ethical, legal, moral and financial manner and will not use deceptive, misleading or incorrect recruitment methods. When inviting potential Promoters to participate in a presentation of the SWAG opportunity, they must not:
a. Give the impression that the SWAG opportunity can be equated with a job opportunity;
b. Disguise the invitation as a "market survey";
c. Promote the SWAG opportunity as a business relationship with any physical person or legal entity other than SWAG;
d. Upon first contact with any potential client and / or SWAG Promoter, you must immediately:
i.) Present yourself by name;
ii.) Identify yourself as a promoter and provide information about SWAG products and if requested, the SWAG business opportunity;
iii.) State the purpose of this contact, namely the sale of SWAG products and / or presented to the potential customer the opportunity SWAG;
e. When describing the opportunity of SWAG to a potential Promoter, you must comply with the following essential guidelines:
i.) Do not give examples and / or calculations related to possible income projections deriving from this opportunity, which are false or misleading;
ii.) You must not guarantee that the use of a specific method and / or approach and / or materials is more profitable than others;
iii.) It must not be said that a successful sponsorship can be built in the form of "Chain Letter" or by other "pyramidal" structures in which the only products bought and sold are those transferred to other promoters belonging to the relevant sponsorship lines;
iv.) You must point out that there are legal requirements relating to the activity of Promoter;
v.) You should not say that SWAG is an opportunity thanks to which it is easy to achieve success without any expense, effort or time commitment;
vi.) You must not present the Compensation Plan or urge participation in the compensation plan through mass mailings, telemarketing, advertising at national level, communications via computer or any other means of communication for which there is no individual contact between the sponsoring Promoter and the potential Promoter;
vii.) It must not be asserted that some geographical areas are subject to the right of exclusivity on the part of the Promoters. In this regard, it is clear that SWAG has the right to organise its sales network in the way it deems most appropriate, through a direct sales system, appointing several Promoters, even in areas where the Promoter will operate independently. No compensation and / or payment are foreseen for sales promoted, even in these areas, by such Promoters.
f. You must not promote any of the Products that are not accurate and truthful in terms of price, quality, possible benefits for final consumers and availability. In particular, it must not:
I. Make exaggerated claims about products or statements not supported by facts in relation to products;
II. Representing SWAG and the products incorrectly and untruthfully in terms of prices and quality;
III. Stating that the products have characteristics or advantages that they do not have;
IV. Present SWAG and products fraudulently
ARTICLE 5 - NO REPRESENTATION
You are an independent contractor under these Terms and Conditions and not an agent, employee or legal representative of your sponsor or SWAG, and you must not in any way represent yourself as such. As such, you do not have the power to bind SWAG to any obligation and you are responsible for all fees and expenses arising from the activities of Promoter under this contract.
ARTICLE 6 - COMPENSATION
6.1 You will be entitled to compensation calculated according to the Compensation Plan, which will be transferred to your SWAG wallet.
6.2 Agrees that compensation is paid only for sales of products to customers and end users as defined in the Policies and Procedures and in the SWAG Compensation Plan.
6.3 The commissions accrued will be paid in Bitcoins with transfer to the wallet indicated by you within your personal page, relieving SWAG of any responsibility for incorrect communication of the wallet itself.
ARTICLE 7 - CESSATION
Any sale or transfer of the Promoter contract must be previously approved, in writing, by SWAG.
ARTICLE 8 - DURATION AND WITHDRAWAL
8.1 The Promoter contract will start from the date of acceptance of these Terms and Conditions, has an annual duration and will be tacitly renewed from year to year, except for the payment of an annual advance back office administrative fee communicated annually by SWAG OU, including management orders, shipments, returns, replacements, updating personal web pages.
8.2 The Promoter, in accordance with the law, may exercise the right to withdraw from this contract, without any penalty and without specifying the reason, by sending e-mail with a receipt confirming the reading, within ten (10) working days from the date of subscription order.
ARTICLE 9 - WAIVER
9.1. Should SWAG not be able to exercise some of the rights set forth in this Agreement or require strict compliance with the Terms and Conditions and Policies and Procedures, this would not constitute a waiver by SWAG of its right to demand the compliance as above.
9.2. The waiver by SWAG of taking action with respect to any default by the Promoter will not prevent SWAG from exercising its rights against any default or right or obligation of any other Promoter. Delays or omissions on the part of SWAG in exercising the rights that could derive from the failure of a Promoter do not affect the rights of the company with respect to that default or any subsequent default.
ARTICLE 10 - CONFIDENTIALITY-ABSTENTION
The genealogical reports of SWAG are confidential and proprietary trade secrets. You are not allowed to use the reports for any purpose other than the development of your SWAG business. In particular, you must not disclose the information contained in the reports to third parties or use the reports to compete with SWAG or recruit or solicit other Promoters or customers to participate in other multilevel marketing initiatives.
ARTICLE 11 - AMENDMENTS
11.1. SWAG reserves the right to review or change the Policies and Procedures and Compensation Plan at any time at the sole discretion of SWAG, and you agree that with a notice of thirty (30) days of the amendment will enter into force for her (provided that SWAG provides Promoter with a written notice of at least thirty (30) days for any change to the Sales Compensation Plan). Notification of changes will be published in official SWAG documents, including the official website of the Company; for this reason, you undertake to carefully monitor and read all communications and / or newsletters and / or publications sent to you on a regular basis.
11.2. It is understood that, despite the provision referred to in the previous point 11.1 the continuation of your activity in SWAG as Promoter or its acceptance of bonuses or commissions will constitute the acceptance of all the amendments to the Contract, as well as to the Policies and Procedures and the Compensation Plan
ARTICLE 12 - DATA PROTECTION - PRIVACY
You may periodically be asked to provide SWAG with personal information relating to your Promoter activity and / or the Promoter Agreement. We hereby inform you that the personal data (hereinafter, the "Data") that you provide to SWAG in relation to your role as Promoter, will be subject to treatment in accordance with the laws in force concerning privacy. The data will be processed using manual, IT or communication tools suitable to guarantee security and avoid unauthorized access and for the following purposes:
1) Purposes related to and functional to the institution (including any renewal), management and execution of the contractual relationship between you and SWAG (including, but not limited to, the preservation of internal registers, the drawing up of your contract; the processing of any payment in its favour);
2) Purposes that facilitate the execution of the contractual relationship, including:
i) Monitoring and reporting to its lower and higher sponsorship hierarchy;
ii) The supply of information on the sales volumes of your sponsorship line;
iii) Earned commissions / bonuses;
iv) Any other information relating to the performance of the promoter activity;
3) Purposes related to the fulfilment of the obligations established by law, national and international regulations, as well as deriving from provisions of any competent authority.
4) Provide information on SWAG products.
The Data may be transferred to third parties, both individuals and legal entities that belong exclusively to the same Corporate Group of SWAG, in any country, for the purposes set out in points 1) 4), above. We inform you that, in the absence of your consent to the processing of data for the purposes referred to in points 1), 2) and 3) above, SWAG will not be able to appoint you Promoter.
We also wish to inform you that, upon written notice to be sent to SWAG, you can exercise specific rights including:
1) The right to obtain confirmation of the existence or not of personal data concerning you, regardless of whether they are already recorded and the communication of such data in an intelligible form;
2) The right to be informed:
a) of the data source;
b) the purposes and methods of processing;
c) of the logic applied to the processing, if the latter is carried out by electronic means;
d) the identification details of the data controller, data processors and appointed representatives;
e) of the entities or categories of subjects to whom the data may be communicated and who or what could know said data in its capacity as appointed representative in the territory of the State, the data processors or the persons responsible for processing;
3) The right to obtain:
a) Updating, correction or, if of interest, integration of the data;
b) Cancellation, anonymisation or blocking of data that has been unlawfully processed, including data whose storage is not necessary for the purposes for which it was collected or subsequently processed;
c) Certification according to which the operations referred to in points a) and b) above were notified, also in relation to their content, to the entities to which the data had been communicated or disseminated, unless this requirement is not impossible or implies a manifestly disproportionate effort with respect to the right to be protected;
4) The right to object, in whole or in part:
a) For legitimate reasons, to the processing of personal data concerning you, even if they are relevant to the purpose of collection;
b) To the processing of personal data concerning you, where they are carried out for the purpose of sending advertising or direct sales or other material for the execution of market surveys or commercial communications. SWAG will be responsible for this treatment.
If you have any questions, please contact SWAG.
ARTICLE 13 USES OF THE NAME AND IMAGE
You hereby authorise SWAG to use your name, photograph, personal history and / or likenesses for advertising or promotional material and waive all claims for compensation for such use.
ARTICLE 14 ENTIRE AGREEMENTS
This Agreement, as well as the Policies and Procedures and the Compensation Plan, constitute the entire Contract between SWAG and you, which concerns your appointment as Promoter and replaces any previous contract, agreement or commitment, both oral and written concerning the same object.
ARTICLE 13 - JURISDICTION
For any dispute concerning the interpretation, execution, fulfilment, termination of this Agreement and, in general, for any dispute concerning it, the Court of Tallinn in Estonia will be the exclusive competent court.