INDEPENDENT EBRACE AFFILIATE PARTNER TERMS AND CONDITIONS as used throughout these terms and conditions, “Agreement” collectively refers to the Inceptor (“Inceptor Investment”) and Independent eBrace Affiliate Partner (IEAPP) registration application and agreement, which hereby incorporates by reference the policies and procedures, and compensation plan, and any other document incorporated by reference in the aforementioned. These documents, in their current form, and as may be amended by Inceptor at its own discretion, constitute the entire contract between Inceptor and IEAP members. No other representation, promise, or agreement shall be binding on the parties unless in writing and signed by an authorized officer of Inceptor.
- I certify that I’m at least 18 years old (or of contractual age) and all information I have provided in this application is accurate. Under its right of contract, Inceptor maintains the rights to decline my application if I provide false or inaccurate information.
- I understand that I am not required to make any product purchase in exchange for the right to market Inceptor products pursuant to this Agreement.
- I understand that Inceptor does not accept initial application from business entities.
- I understand as an IEAP member: a) I am granted the non- exclusive rights to offer for sale Inceptor products and services in accordance with the agreement, b) I have the right to enroll persons into Inceptor, c) If qualified, I have the right to earn commissions pursuant to Inceptor
- I agree to abide by the Inceptor code of conduct as detailed in the Inceptor policies and procedures.
- I agree to present Inceptor and IEAP as set forth in literature and mode of operation that is officially set by Inceptor.
- I agree that as IEAP member that I am an independent contractor and not an employee, partner, legal representative or franchiser of Inceptor. I understand and agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone, training and other expenses. I understand that I shall not be treated as an employee of Inceptor for any purpose. Inceptor is not responsible for tax withhold and reserves the right to refuse to withhold or deduct from my bonuses and commissions, if any taxes of any kind, even if required as agreed to by me in order to comply with any government order of backup withholding. I understand I’m responsible to pay any applicable federal and county taxes and /or license fees that may become due as a result of my activities as an independent IEAP.
- I have carefully read and agree to comply with the agreement. I understand that I must be in good standing and not in violation of the agreement to be eligible for commissions from Inceptor. I understand that these terms and conditions, the Inceptor’s policies and procedure, or the IEAP and compensation plan may be amended at the sole discretion of Inceptor, and upon submitting this application; I agree to abide by all such amendments. Amendments shall be binding after notifications released through email or through publication on the Inceptor The continuation of my IEAP membership business or my commissions shall constitute my acceptance of any or all amendments.
- The terms of this agreement is one year (1) subject to prior cancellation for inactivity pursuant to the procedures. If I fail to annually renew my IEAP membership business or if it is cancelled or terminated for any reason I understand that I will permanently lose all rights as an member with IEAP. I shall not be eligible to sell, or receive any commission and other income resulting from the activities of my former work. In the event of cancellation, termination or non- renewal, I waive all rights I have, including but not limited to any commissions and/ or other remuneration derived through the sales and other activities of my former, down the institution. Inceptor reserves the right to terminate any membership upon 30(thirty) days’ notice.
- I may not assign any rights or delegate my duties under the agreement without a prior written consent of Inceptor. Any attempt to transfer or assign the agreement without the press written consent of Inceptor administrator, the agreement voidable at the option of Inceptor and may result to termination of my membership.
- I understand that if I fail to comply with the terms of the agreement, Inceptor may at its discretion, impose upon me disciplinary action as set forth in the policies and procedures. If I am in breach, default or violation of the agreement at termination I shall not be entitled to receive any further commission or incomes whether or not such commissions are due and I am liable to compensate any loss that may arise as a result of my misconduct.
- I represent and warrant that my participation in IEAP does not breach, violate, or otherwise interfere with any current agreement into which I have entered into with Inceptor.
- I understand that my participation in IEAP does not restrict me participating in another investment program or any other direct investment opportunity.
- I understand and agree that if I elect to participate in another investment program that I will maintain separate organizations independent to each other in a non-competing manner.
- Inceptor shall not be liable for, and I release Inceptor and its agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the agreement. I further agree to release Inceptor and its agents from all liability arising to the promotion or operation of my Inceptor business and any activities related to it (including, presentation of Inceptor products or compensation and financing policies, operation of motor vehicle, the lease of meeting/training facilities, or any business of the same kind) and agree to indemnify Inceptor for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in the course of my membership.
- The agreement, in its current amended form by Inceptor at its discretion, constitutes the entire contract between Inceptor and me. Any promises, representations, offers, or other communications not impliedly or expressly set forth in this agreement are of no force or effect.
- Any waiver by Inceptor or any breach of the agreement must be in writing and signed by an authorized officer of Inceptor. Waiver by Inceptor of any breach of the agreement by me shall not operate or be construed as a waiver of any subsequent breach.
- If any provision of the agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and balance of the agreement will remain in full force and effect.
- This agreement will be governed and construed in accordance of the laws of Kenya. In the event of a dispute of an IEAP member and Inceptor arising from or related to the agreement or the rights and obligations of either party shall attempt to resolve the dispute through the process described in the policies and procedure. Inceptor shall be obliged to engage in mediation as a prerequisite to disciplinary action against an IEAP member. If the parties are unsuccessful in resolving the disputes through mediation the issue shall be settled totally and fully by arbitration as more fully described in the policies and procedures.
- If any IEAP member wishes to bring an action against Inceptor for any act or omission relating to or arising from the agreement such actions must be brought within 1 year from the date of alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Inceptor for such acts or omission, the member waives any claim that any other statues of limitations apply.
- I authorize Inceptor to use my name, photograph, personal story and/ or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
- I understand that I cannot, under any circumstances, incur any debt, expense or obligation on behalf of, or for.
- Inceptor reserves the right to accept or reject any IEAP member and it is under no obligation to offer reason for rejection. Inceptor is under no obligation to notify the member/ investor of incomplete or faulty application.
- I understand that I am entitled to cancel participation in my IEAP membership at any time and for any reason upon written notice to Inceptor following the notification of cancellation or exit. Upon my cancellation, I am entitled to any benefits due to my membership payable at the end of the current financial year or three months from date of exit notice, whichever is later.
Questions about these terms should be sent to us at ebrace@inceptor.co.ke