FARMASI INFLUENCER AGREEMENT

1. Farmasi Influencer Requirements

1.1 The Applicant hereby warrants that:

     a. He/She is Eighteen (18) years of age or above at time of application. Where the Applicant is a business entity, it warrants that it is valid and duly registered in accordance with the applicable laws. The Applicant further warrants that he/she is not an undischarged bankrupt and that there are no impending bankruptcy action/proceedings against him/her.

      b. The Applicant hereby understand and agrees that the Company reserves the absolute right and discretion to reject any application within Thirty (30) days of the Company’s receipt of the Applicant’s application (via online) and prescribed Distributorship registration fee, without assigning any reason whatsoever. In the event the application is rejected, the prescribed Distributorship registration fee will be refunded back in full by the Company.

       c. If the Applicant holds more than One (1) active Distributorship, including by way of proxy or nominee, the earliest valid registered Distributorship shall prevail and shall supersede all subsequent Distributorships. All such subsequent proxy or nominee Distributorships shall be deemed to be null and void. Any Distributorship subscription(s) paid for the subsequent Distributorship(s) shall be forfeited.

       d. The Applicant has read and agrees to be bound by the Farmasi Influencer Agreement Terms & Conditions herein, the Company policies and the Business Plan currently enforced by the Company. The Applicant further agrees that the Company reserves the right and authority at any point in time to amend, alter, add or delete any of the Clauses herein, the Company policy and/or the Rewards Plan. The Applicant upon being officially registered will be referred to as Farmasi Influencer.

      e.  The Farmasi Influencer shall during the term of his/her Distributorship, observe, abide and shall not infringe all laws, by-laws, regulations of Malaysia including but not limited to the provisions of the Direct Sales & Anti-Pyramid Scheme Act (1993), all other laws where the Farmasi Influencer is domiciled and/or where the Company is operating in.

1.2 The Farmasi Influencer further understands that he/she must be of good standing and not in violation of any of the Terms and Conditions herein, the Company’s policy and the Business Plan, in order to be eligible for the Company rewards and all other Distributorship benefits.

1.3 The Farmasi Influencer shall not manipulate his/her Distributorship, organise any unauthorised scheme of arrangement whether directly or indirectly, in order to secure, earn benefit from the Business Plan and/or any other rewards/ incentives offered by the Company.

2. Farmasi Influencer Distributorship Cooling -Off Period

2.1 The Farmasi Influencer may request to have his/her Distributorship terminated within Ten (10) working days from the date of registration. The Company shall refund the prescribed Distributorship registration fee (if any) and any payments made for products purchased that are also returned, subject to the Company Buy Back Policy as per Clause 8 herein below.

3. Farmasi Influencer - Independent Contractor Status

3.1 The Farmasi Influencer acknowledges that nothing herein stipulated implies the formation of a partnership with the Company or infers that the Farmasi Influencer is an agent, representative or employee of the Company.

3.2 The Farmasi Influencer is regarded as an independent contracting party and is not authorized by the Company to act for and on its behalf, its affiliates, shareholders, directors, officers, or employees nor shall the Company be liable or bound by any acts or omission of the Farmasi Influencer.

4. Product Selection

4.1 The Farmasi Influencer hereby affirms that he/she is given the sole liberty and right to select the product packages that he/she intends to purchase.

4.2 The Farmasi Influencer also declares that he/she fully understands the commitment and benefits of each product and that there is no undue influence/misrepresentation exerted on him/her by any person over the selection and purchase of the products.

4.3 The Farmasi Influencer fully understands that the purchase of products or product packages are strictly based on genuine sales and that excessive purchase of products solely for the earning of bonuses, incentives under the Business Plan are strictly prohibited by the Company.

5. Agreement Term

5.1 The Term of this Agreement is for One (1) year.  The Company will automatically renew this Agreement for each successive year on the condition that the Farmasi Influencer abides by the Terms and Conditions hereto.

6. Distributorship Termination By Farmasi Influencer

6.1 The Farmasi Influencer may request in writing to the Company to have his/her Distributorship terminated at any point in time during the term of his Distributorship validity period, without having to assign any reason thereto. The application must be emailed to the Company’s Customer Care Department at: customercare-malaysia@farmasi.com

6.2 The Farmasi Influencer may re-apply to register as a new Distributor after the termination of his/her Distributorship subject to the following:

a. Three (3) months has elapsed from the date of the original termination;

b. The Farmasi Influencer will need to re-apply (via online) a duly completed Distributorship Application Form and pay the prescribed Distributorship registration fee. All downlines under the previous Distributorship will not be reinstated under the Farmasi Influencer’s new Distributorship;

c. The Farmasi Influencer will have the entry-level position of a new “Distributor”.

7. Deactivation & Reactivation of Distributorship

7.1 The Company reserves the right to deactivate the Farmasi Influencer’s Distributorship under the following instances.

i. The newly registered Farmasi Influencer has yet to purchase the Farmasi Business Kit and also place the First Product Order from month of registration followed by Two (2) calendar months thereto. For example if a Farmasi Influencer registers on the 15th. of March but has made no purchases from month of registration followed by Two (2) consecutive months thereto, the Company will deactivate the Distributorship on the 1st.  June.

ii.   The second instance is where the Farmasi Influencer registers on the 15th. of March, purchases the Business Kit and places the First Product Order within the timeline stated in Provision 7.1.i. (month of registration plus Two (2) consecutive months) but fails to perform total sales of Sixty (60) PV within Five (5) months exclusive of the month of First Order Purchase. In that Farmasi Influencer registers on the 15th. of March, buys the Business Kit and places the First Product Order in April, he/she has up to September to perform total 60 PV sales.

In the above instances the Company reserves the exclusive right to deactivate the Farmasi Influencer’s Distributorship. Any Farmasi Influencer who wishes to reactivate his/her deactivated Distributorship can do so by logging into their back-end Distributorship Account using their registered email address and password, then select “sponsor again”. They will retain their same Farmasi Influencer Distributorship Account and sponsor.

8. Buy Back Policy

8.1 Provided the Farmasi Influencer made purchases in reasonable amounts that may be sold or consumed, goods purchased that are returned within Six (6) months of purchase and are of merchantable and re-saleable condition may be refunded at the Farmasi Influencer’s personal written request. The products returned must be in its original packaging, unopened and have at least a product shelf life of Nine (9) months. The Company reserves the right to enquire as to the circumstances of the original purchase, including unreasonable quantity, efforts in promoting and selling of the purchased products. The Farmasi Influencer shall render full co-operation in such enquiries and any wilful failure to do so shall be a valid ground for the Company to reject such refund requests.

The product refund will be made within Thirty (30) days from the date the product returns request is approved by the Company. The amount refunded will take into account (deducting) whatever bonuses paid out (for the purchases made earlier) and Ten Percent (10%) administration fee imposed based on the product invoice amount.

9. Product Quality Issues

9.1 All Company product quality issues must be referred to the Company Customer Care Department within Fourteen (14) days from purchase date by completing the “Product Complaints Form” via the Company official website. The Company views such matters seriously and will do its best to resolve complaints pertaining to the quality of its products. Complaints must be accompanied with proof of purchase, a clear explanation as to the complaint and any pictures thereto will be helpful.

10.  Assurance and Undertaking

10.1 The Farmasi Influencer herein assures and undertakes the following:

a. In presenting the Company Business Plan to others, the Farmasi Influencer shall truthfully and honestly illustrate the earning potential and will make no specific representations of earnings and/or income guarantees to prospects.

b. In promoting and selling, the Farmasi Influencer shall honestly and truthfully represent the quality, value and performance of Company products and shall not make any representations/claims about the products beyond that is shown on product labels and/or official company literature.

c. To ethically conduct himself/herself in a professional manner when promoting to others of the Company’s products, its business model and the Business Plan.

d. To Not “line-switch” an existing Distributor by re-registering him/her again under his/her/another Company Distributorship group network by using the name of another person or entity. Any Distributor found doing so will have his/her Distributorship suspended and/or terminated by the Company.

e. To Not make any disparaging/negative remarks against the Company, its Management, products and/or Business Plan. The Company will not hesitate to exercise immediate suspension and/or termination of such person/s’ Distributorship, found doing so. The Company further reserves the right to institute legal action against such person/s.

f. To Not advertise, promote and/or sell Farmasi products either directly or indirectly via any e-commerce platforms.

g. Not to create/register an email address, domain name and /or other social media accounts that bear the “Farmasi” name or any other similar name that may draw an inference that it represents/originates from the Company.

11. Non-Solicitation

 11.1 In accordance with the Terms and Conditions of this Agreement, Farmasi Influencers during the term of their distributorship and for One (1) calendar year following the resignation, non-renewal, or termination of their distributorship shall not either directly or indirectly encourage, solicit, entice or otherwise attempt to recruit or persuade any other Farmasi Influencer to compete in any way with the Company’s business.

12. Suspension & Termination

12.1 The Company reserves the exclusive right to suspend and/or terminate the Farmasi Influencer’s Distributorship at any point in time if the Company finds or, is of the view or has reason to suspect or believe that the Farmasi Influencer has infringed the Distributorship Terms and Conditions herein, the provisions of the Company Rules & Regulations/Policy, the Business Plan, all applicable laws where the Farmasi Influencer is domiciled or where the Company is operating in.

12.2 Pursuant to Clause 12.1 above, suspended /terminated Distributorships no longer enjoy rights/privileges accorded under this Agreement, nor are they allowed to promote and sell Company products. The Company reserves the exclusive right to withhold payment of any rewards, incentives and/or benefits due under the suspended/terminated Distributorship.

12.3 In the event of suspension and/or termination, affected Farmasi Influencers waive all rights, including but not limited to property rights as stipulated in Clause 13, Clause 17 and such other provisions herein stipulated.

12.3 The Company further reserves the right to institute any form of legal redress, suit, claim, demand and/or seek injunctive relief against the Farmasi Influencer for losses, damages sustained as a result of the Farmasi Influencer’s breach, infringement and /or non-compliance herein.

12.4 The Company by itself reserves the right to terminate this Agreement by serving unto Farmasi Influencers Thirty (30) days written termination notice if the Company elects to:

i)  cease business operations;

ii) dissolve as a business entity; or

iii) terminate distribution of its products and/or services via direct selling channels.

12.5 The Company may also take such other actions short of suspension and/or termination for infringement of the provisions of this Agreement.

13. Intellectual Property

13.1 The Farmasi Influencer agrees that any published materials, brochures, catalogues and/or magazines bearing the Company’s logo, trade name and/or trademark are the intellectual properties of the Company. Any reproduction of the said intellectual properties, including but not limited to screenshots, images or video of such properties, without the Company’s prior written approval is strictly prohibited.

13.2 The Farmasi Influencer further agrees that any usage of the Company’s intellectual property shall be subject to the Company’s approval and must be in accordance to the Company’s Rules Regulations and/or its Policies.

14. Images, Recordings & Consents

14.1 In accordance with the Terms and Conditions of this Agreement, you unequivocally agree to permit the Company to obtain photographs, videos, testimonies and all other recorded media of you as a Farmasi Influencer. You acknowledge and agree to allow any such recorded media to be used by the Company for any lawful purpose solely within the Company’s daily course of business, including for the purposes of marketing and/or promoting the Company products, and not for any other purposes you have not consented in writing and without compensation. Subject to Clause 12 above, the rights to the said photographs, videos and other media shall remain with the Company.

15. Presentation of Farmasi Compensation Plan

15.1 Farmasi Influencers when presenting the Farmasi Compensation Plan to prospects shall do so in its entirety as outlined by the Company’s official materials, emphasising that sales to end consumers are required in order to receive compensation in the form of bonuses on downline sales volume. In presenting the Farmasi Compensation Plan to prospects, Farmasi Influencers shall not utilize any unauthorised literature, materials or aids.   Farmasi Influencers shall also advise all prospects who are keen I registering to review the Company Disclaimer Statement.

16. Selling Farmasi Products

16.1 Farmasi Influencers shall not make representations or claims about the Company’s products beyond those indicated on the said Farmasi product labels and/or in official Company literature and supporting training materials. In particular no Farmasi Influencer may make any claim that the Company’s products may be consumed for the purposes of the cure, treatment, diagnosis, mitigation or prevention of any diseases.

17. Passing of Title

17.1 Title to the Company’s Farmasi products, and risk of loss or damage to the Company’s products shall pass from the Company to the Farmasi Influencer on either at the point in time immediately preceding delivery of the Company’s products by the Farmasi Influencer to the Retail Customer pursuant to a Purchase Order from such Customer; or the company receiving full payment for the Farmasi products from the Farmasi Influencer. Subject to the foregoing and the Terms and Conditions of this Agreement, Farmasi Influencers shall have no rights or interest in the Company’s products  otherwise than as a bailee thereof and shall only be liable for negligence or intentional misconduct. The risk of loss or damage to any products which are properly rejected by the Farmasi Influencer in accordance to Clause 9 above, shall remain with the Company at all times.

18. Personal Data Protection Policy

18.1 The Company’s Personal Data Protection Policy (hereinafter referred to as the “this Policy”) applies to personal information of the Farmasi Influencer collected, retained and stored by the Company. The Company will only process the Applicant’s personal data in accordance with the provisions of the Personal Data Protection Act 2010 (herein after referred to as the “PDPA”) and its Regulations or any amendments/re-enactments made from time to time thereto.

18.2 The Farmasi Influencer acknowledges and authorises the Company to use his/her personal data for the registration of his/her Distributorship, payment of monthly bonuses, dissemination of company promotional materials and all other Company Distributorship matters.

18.3 Pursuant to Clause 18.2 above the Company in its discharge of responsibilities/obligations towards Distributors, may appoint third parties to provide such related services for its Distributors.

 18.4 In accordance with the provisions of the PDPA, the Farmasi Influencer herein assures and undertakes to keep such personal data of his/her downline Distributors and/or such other Distributors in their Distributorship network in strict confidence. The personal data shall not be disclosed either directly or indirectly to third parties for any reason whatsoever.

18.5 The assurance and undertaking outlined in Clause 18.4 above shall continue to have binding effect during and thereafter the determination of the Farmasi Influencer’s Distributorship.

18.6 Personal data provided to the Company by Farmasi Influencers or collected by the Company are stored in secure servers. All online payment transactions are encrypted by using SSL technology and processed by third-party service providers. The Company does not store credit card or debit card information in online transactions either. Information collected about the Farmasi Influencer maybe transferred abroad within the scope of data protection legislation, within the United States of America, the European Economic Area (“EEA”) or to a location other than them and may be stored there. The information in question may be processed by personnel who are working with the Company or one of its suppliers outside the United States of America and the EEA. The personnel in question may engage in activities related to, among other things, fulfilling the Farmasi Influencer’s order, processing payment information, processing of promotions and providing support services. By providing personal information, the Farmasi Influencer consents to transfer, storage and processing processes in this way.

19. Access and Use of Company Website

19.1 Access to the Company’s official website inclusive of secured areas thereto, is granted exclusively to registered Distributors. In which at the point of registration, Farmasi Influencers are able to create their own passwords to gain access and perform secured transactions.  

19.2 Pursuant to Clause 19.1 Farmasi Influencers shall keep in strict confidence their password details and not disclose them to third parties, who are regarded as unauthorized individuals.   Unauthorized individuals gaining access/attempting to gain access into the Company’s official website inclusive of secured areas thereto, shall be liable and prosecuted.

19.3 Users of the Company website shall adhere to the Website’s Terms and Conditions of Use stipulated thereto, which will form as an Addendum to the Terms and Conditions hereto. 

20.  Amendments

20.1 The Company reserves the exclusive right to amend, vary, delete and incorporate such other terms and conditions as it deems fit at any point in time without having to assign any reason thereto.   Such changes shall take effect as of the date stipulated by the Company on its official website.

21. Waiver

21.1 Any waiver by the Company of any breach of the Terms and Conditions of this Agreement shall be not be construed as a waiver of any subsequent breach by the Farmasi Influencer.

22. Invalidity

22.1 If any provision of this Agreement is held to be invalid and/or unenforceable, such provisions shall be revised only to the extent necessary to make it enforceable, the remaining provisions shall continue to remain valid and binding

23. Governing Laws

23.1 The Parties hereto agree that this Agreement and any documents executed or to be executed in connection herewith shall be construed and governed by the laws of Malaysia. Parties further agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia.