This “Agreement” must be read prior to signing the ENJO Affiliate Application Form (EAA). By signing your ENJO Affiliate Application Form (EAA) you agree to be bound by all the terms and conditions as stated below. “ENJO” means ENJO Dynamic Asia Pte Ltd. “Affiliate” means an eligible person 18 years or older, who has signed the EAA.

 

1. ENJO AGREES:

1. That the Affiliate may (but is not under any obligation to) solicit and take purchase orders for ENJO’s products at the retail prices from time to time as fixed by ENJO. This is not a contract for the supply of services or the performance of any work by the Affiliate.

2. If such orders are accepted by ENJO and the purchase price is paid for the products ordered, ENJO will pay the Affiliate the commission and/or bonuses from time to time as specified in writing by ENJO for its representatives generally.

3. Subject to the Affiliate paying to ENJO the sum prescribed by ENJO and satisfying such other conditions as ENJO may from time to time specify in relation to its representatives generally, ENJO will at the request of the Affiliate, supply ENJO related marketing materials to the Affiliate.

4. That the Affiliate may keep in their possession, all copies of Customer Order Forms and Tax Invoices until such time as they resign, or this Agreement is terminated by ENJO.

5. That the Affiliate may terminate this Agreement at any time by one month’s written notice to ENJO at its office.

6. That there are no restrictions placed on the Affiliate as to Territory except that the Affiliate must act within Singapore.

7. That the Affiliate is an independent contractor in business for himself or herself and as such is free to select his or her own means, method and manner of operation and to choose the hours and location in which he or she will conduct his or her activities as an Affiliate. ENJO neither has, nor retains, any right of control over the Affiliate.

8. That all information requested by ENJO is necessary to process the ENJO Affiliate Application. ENJO agrees to keep this information and all records pertaining to the Affiliate and his or her business confidential. No general supply of information will be made to another person or agency unless required by law or by the Terms and Conditions of the ENJO Affiliate Agreement or by the Affiliate personally.

 

2. THE AFFILIATE AGREES:

1. That he or she is an independent contractor and not an employee of ENJO and is not for any purpose to be regarded as such; that he or she is not and shall not hold himself or herself out as being an agent of ENJO for any purpose other than to solicit and take purchase orders for ENJO’s products at the previously mentioned retail prices; that he or she will bear all costs and expenses incurred by him or her in connection with all activities the subject of this Agreement; that he or she will indemnify and keep ENJO indemnified against all actions, proceeding, liabilities, claims, damages, cost and expenses arising out of or in any way relating to the Affiliate’s activities the subject of this Agreement, except such as relate to the inherent quality and fitness of ENJO’s products for which ENJO agrees it is responsible.

2. That while ENJO does not have any rights of control over the Affiliate, the Affiliate agrees not to represent any competitor’s products and/or products that ENJO deems as harmful and/or contrary to the market positioning of ENJO. In case of dispute on what is deemed as harmful and/or contrary to ENJO's interests, the decision of ENJO will be final.

3. That he or she will send to ENJO with each order taken by him or her the payment covering the retail sale price of the products ordered, less the amount of any discounts and/or gifts which ENJO has agreed may be allowed.

4. That the Affiliate will have some sales within a year to retain active status and that this Agreement shall terminate when no such sales exist.

5. That all tax liabilities and other duties arising from commission and bonus payments and/or the receipt of awards and incentives remain the sole responsibility of the Affiliate.

6. Should this Agreement be terminated by ENJO or the Affiliate for any reason, ENJO will not dispatch any further commission and bonus payments to the Affiliate until ENJO has received payment for all outstanding orders.

7. That he or she will keep safe all Customer Order Forms and Tax Invoices and that upon resignation by himself or herself or upon termination of this Agreement by ENJO, will return the same to ENJO.

8. If for any reason a sale or proposed sale on which the Affiliate has received commission does not proceed, or if the whole or part of the price is refunded, such commission shall be immediately repaid by the Affiliate to ENJO and ENJO may deduct the same from future commission or other payments falling due from ENJO to the Affiliate.

9. That he or she will keep all information contained in Customer Order Forms and Tax Invoices and other customer records confidential and that he or she will not supply information pertaining to ENJO customers to another person or agency unless expressly required to do so by law.

10. That ENJO may terminate this Agreement at any time by two weeks’ written notice to the Affiliate at his or her address (electronic or physical) as held on file by ENJO.

11. That this document constitutes the entire Agreement between ENJO and the Affiliate and that no representations or warranties have been made or given by ENJO or any of its representatives to the Affiliate other than those set forth in this Agreement. The terms of this Agreement can only be varied by written instrument signed by the Affiliate and signed for and on behalf of ENJO.

12. The guidelines and policies as set out in the ENJOpreneur Manual, and from time to time, notices given by ENJO individually shall be accepted as part of the overall Affiliate Agreement and the Affiliate agrees to adhere to the said guidelines, polices and notices.

13. That ENJO may from time to time change, amend and/or modify the Terms and Conditions of the Affiliate Agreement and the guidelines and polices in the ENJOpreneur Manual. The Affiliate shall accordingly be bounded by and operate his or her business in accordance with the changed, amended and/or modified Affiliate Agreement and ENJOpreneur Manual.

14. That this Agreement is subject to acceptance by ENJO at its office which acceptance shall be deemed to occur upon issue by ENJO of a duplicate of this Agreement duly signed for and on behalf of ENJO.

15. That if a provision of this Agreement should be null and void, the legal force of the other provisions is not affected by it.

16. That this Agreement shall be governed by the laws of the Republic of Singapore and any legal proceedings by either party against the other shall be instituted in the appropriate court in the Republic of Singapore.

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Effective 25 October 2021