Our SMP AGREEMENT
SOLE MARKETING PARTNER AGREEMENT (“SMP AGREEMENT”)
The Sole Marketing Partner("SMP") Agreement, the Profit Plan and the General Terms and Conditions (forming inseparable part of one document and entire agreement between the Company and its SMPs) explains and governs the relationship between each SMP and SRK NETWORK LIMITED. Each SMP is required to read, understand, and comply with all terms and conditions of the Agreement. The Agreement shall constitute the entire understanding of the parties. All parts of this Agreement shall apply to the Registered SMP. By submitting the SMP Agreement you hereby agree to all of the terms and conditions herein and by reference all legal terms and conditions.
The Agreement is subject to revision by the Company from time to time at its sole discretion. The Agreement governs all aspects of the relationships between the Company and its SMPs and is available on the SRK NETWORK website.
2. BECOMING AN SMP
To become an SMP, a new applicant is required to read and agree to the terms of the Agreement and relevant General Terms and Conditions of the Company. The application should be accurately completed in its entirety and the applicant(s), including all partners, shareholders and equity owners, must agree to the relevant General Terms and Conditions of the Company and the present SMP Agreement personally. Electronically submitted applications are considered as a received document. The Company reserves the right to reject any application at its sole discretion.
PLEASE NOTE: applications will not be accepted from the countries: Iran & Iraq.
From any country whose applications would violate any of the applicable and relevant national, international or UK treaty, directive and/or regulations that may comply.
SMPs may only market SRK NETWORK system and services or recruit new SMPs in those countries officially authorized by the Company.
Upon notification of acceptance by the Company, the new SMP will be entered into the Company database. If there are any errors on an application, SMPs should verify with the Company Support Department as soon as the error is discovered (within 24 hours) to avoid delays in any rights under the SMP Agreement.
By submitting the SMP Application and supporting documents the SMP also agrees to the registration in the SRK’s e-wallet platform. SRKwallet is a payment solution for accessing and transferring funds electronically. The personal information provided by the SMP will be used only to operate and administer the SMP’s SRKwallet. Eligibility requirements to become an SMP are as follows:
Legal Age Any individual who is of legal age (18 years) and residing in a country where the Company is doing business is eligible to become an SMP.
ID Number An Identification Number is to be inserted on the application. This number should be either the Individual’s Social Security Number, a Tax Identification Number, if applying as a business, or a government I.D., such as a passport number. Incorrect Tax I.D. Numbers or other essential information and/or supporting documentation can result in a 100$ fine and/or termination.
Legal Entity If an Applicant is a corporation, partnership or other legal entity, all shareholder(s) of the corporate applicant, all partner(s) of the partnership or all owners of the legal entity applicant must agree to the application, a list of the names of each shareholder of the corporate Applicant, each partner of the partnership Applicant, or each owner if another legal entity must accompany the Application. All legal documentation should be submitted with the application, including but not limited to, articles of incorporation or organization, partnership agreements, regulations, charters, licenses, shareholder agreements, partnership agreements, and other pertinent legal information. The application can be rejected without such documentation.
Change of your enrolling SMP SMPs wishing to change their registering SMP can do so only by resigning and then waiting one (1) year before reregistering with a different SMP.
Independent Contractors SMPs are independent contractors. They are not franchisees, joint ventures, partners, employees or agents of the Company, and are prohibited from stating or implying whether orally or in writing, otherwise. SMPs have no authority to bind the Company to any obligation. The Company is not responsible for payment or co-payment of any employee benefits. SMPs are responsible for liability, health, disability, workmen’s compensation and other insurance and for any other registration required by the laws of the country of residence of the SMP. SMPs set their own hours and determine how to conduct their SRK NETWORK business and are responsible for their own management decisions subject to the SMP Agreement. The reference to "position" is as it applies to SMPs participation in the Profit Plan and adherence to the SMP Agreement.
3. CHANGES IN SMP STATUS
Death Upon the death of an SMP, the rights and responsibilities of the SMP are passed on to the rightful heir(s) as determined by a court of competent jurisdiction. The heir(s) must also confirm in writing within 6 months of the previous SMP’s death that he or she shall be bound by the terms and conditions of the SMP Agreement.
Divorce Upon divorce, The Company must be notified as to which former spouse will assume ownership of the SMP position as determined by a court of competent jurisdiction. A change in the ownership of the SMP position will not take place until the Company receives a copy of the divorce documentation. Should the party who does not assume ownership of the SMP position desire to remain an SMP; he/she may do so by submitting a new SMP Application at the time the divorce documentation is submitted to the Company. He/she shall then be entered as a new SMP in accordance with the enrolment policy of the Company.
Marriage If two (2) existing SMPs marry, they may maintain their separate SMP positions.
Dissolution of Corporate or Partnership SMP position Upon the dissolution of a corporation or termination of a partnership, which owns the SMP position, the ownership of the SMP position will be transferred pursuant to the SMP Agreement among the shareholders or partners or upon order of a court of competent jurisdiction upon written notification to the Company. If one or more of the partners or shareholders in an SMP position terminates his/her on-going relationship with the Company by leaving the partnership or disposing of his/her share of equity holdings, such parties, including the departing party, shall continue to be bound by the terms of the SMP Agreement. If a dispute arises over the disposition of the partnership interest, or assets, or share holdings or corporate assets, or the income from the SMP position, the Company may suspend the SMP position and hold all commissions until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
SMP positionSale of an SMP position or any rights, direct or indirect, relating to an SMP position may not be transferred by the SMP without prior written approval from the Company, in its sole and absolute discretion. No sale will be approved unless it includes a covenant by the seller not to solicit his/her prior Group of SMPs for at least six (6) months after the effective date of the sale.
An SMP position or any right thereto which is under suspension, on probation, or subject to any disciplinary action or any investigation by or on behalf of the Company, may not be sold or otherwise transferred while such condition continues.
The Purchase and Sale Agreement must include a provision in which the parties agree upon the ownership of the inventory of the SMP position upon the sale. The Company shall not grant a refund on inventory from a person who sold his/her interest in an SMP position
The seller may not reapply or purchase another SMP position for a period of twelve (12) months, either as an individual, partnership or corporation or other legal entity.
The purchaser of an SMP position shall be responsible for all acts or omissions of the seller in contravention of the SMP Agreement for a period of six (6) months after the date of Company's approval of the sale or transfer. For purposes of this provision, the seller will be required to continue to comply with all post-termination obligations of the SMP Agreement.
Mergers Addition of Co-SMPs, Partners, Shareholders and/or Owners Mergers will be permitted only between enroller and its first level. The Company reserves the right in its sole and absolute discretion to approve or disapprove any proposed merger or admission of Co-SMPs, partners, shareholders or other owners. The admission of a Co-SMP, partner, shareholder or other owner must create a bona fide business relationship and must not involve the addition of inactive persons or of entities or other persons or entities which "pass through" income to others.
Withdrawal or Removal of Co-SMPs, Partners and/or Owners If a Co-SMP, Partner or Owner is removed or withdrawn from the SMP position, the remaining SMP position shall be responsible for all acts or omissions in contravention of the SMP Agreement, of those who have left the SMP position, for a period of six (6) months after the date of the departure of the Co-SMP, Partner, or Owner for purposes of this provision, the seller will be required to continue to comply with all terms post-termination obligations of the SMP Agreement.
Co-Ownership over SMP positions – in case of co-ownership over certain position the COMPANY will reflect this in its files. All relations between co-owners, including future activity of the SMPs – co-owners are exclusive responsibility of the SMPs. The Company is not responsible and cannot be held liable for any unsettled legal and financial relations and/or obligations between the co-owners.
Name Change An SMP may change the operating name of the SMP position by forwarding written notification to the Company. The Company reserves the right to request the Articles of Incorporation of a corporation or Partnership Agreement of a partnership, or any amendments pertaining thereto, as well as any other relevant documents or corporate or partnership documentation relating to ownership or control.
Changing the registering/enrolling SMP Except as set forth in Section 2 D, changing your enrolling SMP is not allowed. The SMP commission opportunity is a business built upon sales of products for consumption and upon the creation of relationships. Once a new SMP is referred or enrolled, the Company will protect this relationship to the fullest extent possible.
Suspension of Commission Payments If there is any question over the disposition of the SMP position or the income from the SMP position (whether by reason of an event described in A through J or otherwise), the Company may suspend the SMP and hold all commissions and bonuses until the dispute over the disposition is resolved by agreement between the parties or by an order from a court of competent jurisdiction.
4. TAXES AND GOVERNMENTAL REPORTS
Taxes All SMPs are personally responsible for all taxes due on any earnings from the Company or on sales proceeds or earnings from selling SRK NETWORK’S products. The Company will provide a record of any and all moneys paid by the Company to each SMP and will issue and file such reports to governmental agencies or others as may be required by law. SMPs will not be treated as an employee of the Company for any income tax purposes. To safeguard that no tax evasion can occur, the SMP must give the Company personal identification information in their country of residence to which the Company can make payments through a designated payment facilitator of any amount due by the Company to the SMP.
Sales Tax The Company has its’ home office and will not be collecting sales tax at the time of purchase from any residents outside of the areas its location requires it to. No sales tax or VAT is foreseen on sales outside of the Company’s primary location. If such tax would be levied, the SMP will immediately inform the Company, which will take appropriate action, including remitting, if needed the sales tax/VAT to the appropriate authority.
5. SMP TRAINING PACKAGE REFERRER POLICY
Every new SMP has a Referring SMP Each new prospect has the right to choose who he/she buys his/her Training and Rewards Package from. An SMP shall not unduly influence or in any way entice prospects with representations as to possible income or business development, or payment of any compensation by an SMP or the Company.
Dispute The Company recognizes the Referring SMP as the SMP shown on the first entered original SMP Application completed, dated, and electronically entered into Company’s database. .
Training SMPs who enroll other SMPs and sell Training Packages must thereafter use their best efforts to provide an on-going basis, bona fide supervision and training of these SMPs and their sales group. This should include ongoing contact, communication, encouragement and support of his/her sales organization. SMP’s should encourage their SMP sales groups to complete the Company’s Training Packages that they purchase.
6. PLACEMENT POLICY
An SMP is solely responsible for allocating the placement priority of new SMP that they enroll in their sales organizations structure. The SMP management tool is available in each SMPs online back-office. It is critical that the placement of a new SMP is correct at the time of the sale/enrollment.
The Order/Placement In which you record The SMP’s you Sell/Enroll is final. It will not be Changed.
7. PROFIT PLAN AND TERMS
See SRK NETWORK web site "Profit Plan" and future additions.
The SMP acknowledges and agrees that the Company reserves the unequivocal right to change or modify the Company’s General Terms and Conditions, the present SMP Agreement and Profit Plan. The Company will notify the SMP about any changes to the Profit Plan within a reasonable time.
8. LIMITED RETURN POLICY
SMPs are not required to purchase.
The SMP may return purchased SRK NETWORK products in the following circumstances (excluding personalized or customized items):
The purchased package may only be refunded to the SMP in case he/she have not logged in for the period of 14 (fourteen) days, starting from the date of submission of the application. No refunds will be made after the SMP has logged into his account. By logging into an SMP account the Company considers that the SMP is accepting the Company’s conditions and no refunds shall be made.
The Company will process the return promptly upon verifying that the SMP is eligible for a refund. In most cases, the SMP should expect to receive the refund within 30 working days of receipt of the products by the Company. The SMP hereby confirms that he understands that the Company return policy will NOT cover situations where the SMP has already received commission payouts, or other benefits, as a result of using the SRK NETWORK’s products and/or services.
All refund requests must be made within 14 days of enrollment/purchase in accordance with the above stated conditions. The return request will deactivate the initial order instructions and it will delete the SMP’s unique identification (user name) for the Training and Rewards Package. The SMP’s activation and position in the compensation system will be cancelled. Any commissions paid to returnee will be deducted from the refund amount.
Submit cancellations at support department and please provide SMP's username, payment proof and date of purchase.
9. LIMITED LICENSE
The Company has certain trademarks, service marks, trade names, slogans, symbols, and color schemes that are proprietary. Except for marketing materials, sample products, and advertising provided or sold to the SMPs by the Company, the SMP shall not use or display such trademarks, service marks, trade names, slogans, symbols, and color schemes without Company’s prior written permission. SMP acknowledges that any right to use Company’s trademarks and copyrighted materials is non-exclusive, and the Company has the right and sole discretion to grant others the right to use such trademarks and materials. SMP expressly recognizes that any and all good will affiliated with the trademarks and copyrighted materials (including goodwill arising from SMPs use) inures directly and exclusively to the benefit of the Company and is the property of the Company, and that, on expiration or termination of this SMP Agreement, no monetary amount shall be attributable to any goodwill affiliated with SMPs use of the trademarks or copyrighted materials.
Trademarks/Service Marks. SMPs shall not advertise SRK NETWORK product or business opportunity in any way other than by use of authorized advertising or promotional materials made available to the SMP by the Company.
SMPs are prohibited from using Company’s trademarks, service marks, trade names, slogans, symbols, and color schemes in advertising in a manner that would suggest or imply that they are employed by or are agents of the Company. All advertisements must provide the name of an SMP only. SMPs shall not make any representations as to potential income to be received by a prospective SMP.
No Reproduction All SRK NETWORK materials, whether printed, on film or produced by audio or video recording are copyrighted and may not be reproduced in whole or in part by SMPs or any other person unless authorized in writing by the Company.
No Distribution SMPs may not produce, use or distribute any information relative to the contents, characteristics, or properties of SRK NETWORK products which has not been provided directly by the Company.
This includes but is not limited to print, audio or online media.
Deceptive Materials SMPs may not produce, sell or distribute literature, films, audio recordings or video recordings which are deceptively similar in nature to those produced, published, and provided by the Company for its SMPs. An SMP may not purchase, sell, or distribute non-SRK NETWORK materials that imply or suggest that said materials originate from the Company.
Approved Vendors Any and all support materials, e.g. promotional and premium items are to be sold and/or distributed only by the Company or Company’s approved vendors.
Telephone Use SMPs may not answer the telephone and/or use any telephonic message device in a way that would represent or imply that they are employed by or are agents of the COMPANY.
Listing of Name SMPs may be listed in telephone directories white or yellow pages as follows:
"Smith, Jane and John, Sole Marketing Partner Address and/or Telephone Number"
Numbers An SMP may list any contact number under the name of his/her SMP position , as an SMP, and must not represent that he/she is employed by, or is an agent of the Company.
Further Restrictions The Company prohibits the use of its trademarks, service marks, trade names, slogans or symbols or any of its product trade names or any copyrighted materials through telephonic devices, including computer networks, facsimile machines or other automatic calling devices for the purpose of soliciting potential SMPs or customers.
Media Opportunities Media opportunities are not individual sales opportunities. All media opportunities must be referred to Company’s relevant department. SMPs must not have any contact with the media unless prior written authorization from the Company is received.
Donations SMPs are permitted to make personal donations of product or funds to an organization or program provided they do not represent the donation as being from the Company.
Media Coverage Donations may not be made for the purpose of soliciting media coverage. If the media solicits coverage of an event, Company’s relevant department must be notified immediately to review the media opportunity.
Business Cards An SMP may order business cards in compliance with the requirements of the General Terms and Conditions and the relevant copyright legislation. Use of the Company’s/SRK NETWORK trademarks is permitted only after explicit written consent has been granted from the Company. Any non authorized use of the Company’s trademarks presents a violation of the General Terms and Conditions and relevant sanctions will be imposed. If an SMPs relationship with the SRK NETWORK is terminated, he/she must immediately cease using and destroy all business cards utilizing Company’s trademarks, trade names, services marks, logos or color schemes.
Repackaging SMP may not re-label, repackage, or modify SRKNETWORK’s packaged or virtual training materials in any way.
No Endorsements No endorsements by a Company officer or administrator or third parties may be asserted, except as expressly communicated in Company’s literature and communications. SMPs may not represent or imply, directly or indirectly, that the SRK NETOWRK system, programs, products or services have been approved or endorsed by any governmental agency.
Internet Policy SMPs may not advertise or promote their SMP business or Company’s business, products or Profit Plan or use Company’s name in any electronic media or transmission, including on the Internet via web sites or otherwise, without the prior written approval of the Company, whose approval may be withheld at its sole discretion. If written approval is given, SMPs must abide by the guidelines set forth by the Company, including but not limited to the following:
SMPs shall not make offers or solicitations in the guise of research, surveys or informal communication, when the real intent is to sell products or services or sponsor SMPs;
SMPs operating on-line websites, whether or not they collect personal information from individual consumers, shall disclose to the consumer in a prominent place on the website how the consumer information will be used and must follow any laws regulating the handling of personal data;
SMPs sharing personal information collected on-line should provide individual consumers with an opportunity to prohibit the dissemination of such information, and if any consumer requests that his or her personal information not be shared, SMPs shall refrain from sharing such information;
SMPs shall provide individual consumers the option to terminate any further communication between the SMPs and the consumer and if any consumer requests that an SMP cease communication, the SMP should immediately stop communicating upon such request;
SMPs must abide by all laws and regulations regarding electronic communications, including but limited to any provision requiring prior consent for unsolicited contacts via electronic media;
SMPs may not distribute content by use of distribution lists or to any person who has not given specific permission to be included in such a process; spamming or distribution of chain letters or junk mail is not allowed;
SMPs may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; and
SMPs may not send bulk unsolicited e-mails to persons who have not requested information. Spam is strictly prohibited
Sales Presentations. At sales presentations, SMPs shall truthfully identify themselves, their products, and the purpose of their business to prospective customers. SMPs may not use any misleading, deceptive, or unfair sales practices. Explanation and demonstration of products offered shall be accurate and complete including, but not limited to, with regard to price, terms of payment, right of withdrawal, refund rights, guarantees, and after-sales services and delivery. Personal or telephone contacts shall be made in a reasonable manner and during reasonable hours to avoid intrusiveness. SMPs must immediately discontinue a demonstration or sales presentation upon the request of the consumer. SMPs shall not directly or by implication, denigrate any other company or product. SMP shall refrain from using comparisons which are likely to mislead and which are incompatible to the principles of fair competition. Points of comparison shall not be unfairly selected and shall be based on facts which can be substantiated. SMP shall not abuse the trust of individual consumers, shall respect the lack of commercial experience of consumers and shall not exploit a customer’s age, illness, lack of understanding or lack of language expertise. SMP's may not systematically entice or solicit direct sellers from other direct selling organizations.
The Company shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riots, wars, fires, death, curtailment of a party’s source of supply, or government decrees.
The term of the SMP Agreement is for an indefinite period and may be terminated by both parties at any time, even within the contractual period, with one month’s notice prior to the end of the next calendar month.
13. CONFLICTS OF INTEREST AND CONFIDENTIALITY
Conflict of Interest. SMP’s are free to participate in other multilevel or network marketing business ventures to the extent that such are not competitors of the Company. If SMPs are simultaneously active for several companies or network marketing companies, they agree to organize their business activities (along with their respective downlines) in such a way as to avoid any connection or mixing of their activities for these other companies with their activities for SRK NETWORK. In particular, SMPs may not offer products other than SRK NETWORK’s products and services at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page or other social media/online platform.
SMPs are also prohibited from recruiting other SRK NETWORK SMPs for the sale of other companies products.
SMPs are also prohibited from violating - by entering into another contract – the rights of other SMPs or other sales contracts concluded with further companies and the clauses of which are still valid.
Confidentiality. During the term of the SMP Agreement, the Company may supply to SMPs confidential information, including, but not limited to customer lists, customer information developed by the Company or developed for and on behalf of the Company by SMPs, (including, but not limited to, customer and SMP profiles and product purchase information), SMP lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which the Company may designate as confidential. All such information (whether in written or electronic form) is proprietary and confidential to the SRK NETWORK and the Company and is transmitted to SMPs in strictest confidence on a "need to know" basis for use solely in SMPs business withSRK NETWORK. SMPs must keep such information confidential and must not disclose any such information to any third party, directly, or indirectly. SMPs must not use the information to compete with the Company or for any purpose other than promoting SRK NETWORK’s program and its products and services. Upon expiration, non-renewal or termination of the SMP Agreement, SMPs must continue to keep such information confidential, discontinue the use of such confidential information and promptly return any confidential information in their possession and all copies thereof to the Company.
14. PRODUCT ORDER/SALES & RETURNS
SMPs are registering with the SRK NETWORK as an entrepreneur and not as a consumer and therefore do not have the statutory right to revoke this agreement. Nevertheless, the Company is voluntarily granting you a right to rescind this agreement within two weeks.
Consequences of cancellation:
If the agreement is canceled, any benefits, payments, and/or services received by either party must be returned according the refund- and cancellation policy stated under 16 (8) and (9) in the General Terms and Conditions of the Company, to the other, together with any benefits derived from the same. At this time, we expressly indicate that the services are considered to have been used once the SMP has accessed the services electronically. If an SMP can not return the services received either in full or in part, or an SMP can only return them in a condition worse than that in which they were received, the specified SMP must reimburse for the loss in value. All payment refunds must be made within 30 days. For the SMP, the period begins when revocation notice is sent, and for the Company upon receipt of the same.
An SMP may re-register with SRK NETWORK after canceling their previous agreement, provided that said cancelation of the SMP was more than 12 months earlier and that the SMP has not since performed any activities for the SRK NETWORK in the interim.
The Company reserves the right to not refund SMP’s for Training Packages/Events of its proprietary information that SMP has already used or participated in.
15. PROHIBITED USAGE
The excessive usage violation of the SRK NETWORK website through traffic bots or list spamming is strictly prohibited. Violations of this policy can result in suspension or termination of the violating SMP.
16. ERRORS OR QUESTIONS
If an SMP has questions about or believes any errors have been made regarding commissions, bonuses, sales group activity reports, or charges, the SMP must notify the Company within five (5) working days of the date of the unreported error or incident in question. The Company will not be responsible for any errors, omissions or problems not reported to it within five working (5) days. The Company reserves the right to withhold any bonuses or other payments which it have to be paid and/or has been accrued by mistake due to technical malfunctions or other operational errors.
17. CONTINUING DEVELOPMENT OBLIGATIONS
Any SMP who wishes to participate in SRK NETWORK and benefit from the Profit Plan must perform a bona fide supervisory function to ensure that his or her sales group is properly operating his or her business. SMPs must have ongoing contact, communication and management supervision with the SMPs in their sales group. Examples of such contact and supervision may include, but not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail and electronic mail and these contacts must not violate any part of the present SMP Agreement.
SMPs must not disparage other SRK NETWORK SMPs, Company’s products/services, the Profit Plan, or Company’s employees.
19. OBJECTIONABLE ACTIVITY OR CONDUCT
SMPs may not distribute material, have written correspondence, telephone contact, voice mail and/or electronic mail that is or contains unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material regarding the Company, its employees, partners or any other third party or which could otherwise give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. In these cases the Company may cease any communication with the SMP and undertake further legal actions if relevant.
20. REPORTING POLICY VIOLATIONS
SMPs observing a policy or agreement violation by another SMP should submit a written report of the violation directly to the attention of Company’s Legal Department/Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved, and any supporting documentation should be included in the report.
21. DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
Disciplinary Sanctions Violation of the present SMP Agreement, fraudulent, deceptive or unethical business conduct by any SMP may result, at Company’s discretion, in one or more of the following corrective measures:
Issuance of a written warning or admonition;
Requiring the SMP to take immediate corrective measures;
Imposition of a fine, which may be withheld from the account;
Loss of rights to one or more bonus payments;
Any other measure, which the Company deems practicable to implement to equitably resolve injuries caused partially or exclusively by the SMPs policy violation or contractual breach.
Suspension of the individual’s SMP position for one or more pay periods;
Involuntary cancellation of the offending SMP position;
Immediate removal of the SMP web site(s) and termination of the SMPs position;
Any other measures expressly allowed within any provision of the General Terms and Conditions, the present SMP Agreement or allowed by law;
The SMP is only entitled to a commission if he or she is not in violation of the the General Terms and Conditions and the present SMP Agreement.
Reconsideration In the event an SMP is suspended/ terminated and desires for his or her suspension/termination to be reconsidered, the Company must receive the request for reconsideration in writing within 15 days from the date of notice of suspension/ termination. If no request for reconsideration is received within the 15 day period, the termination will automatically be deemed final. If an SMP files a timely notice of request for reconsideration, the Company will review the request for reconsideration and notify the SMP of its decision within 10 days after receipt of the request for reconsideration. The decision of the COMPANY will be final and subject to no further review. In the event the suspension/ termination is not rescinded, the suspension/ termination will remain effective as of the date stated in the original termination notice.
Grievances and Complaints When an SMP has a grievance or complaint with another SMP regarding any practice or conduct in relationship to their respective SRK NETWORK businesses, the complaining SMP should first report problem to their registering SMP who should review the matter. If the matter can not be resolved it must be reported in writing to the Support Department at the Company. The Company will review the facts and resolve it.
Cost Effective Dispute Resolution/Waiver of Jury Trial.
The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of this SMP Agreement and other questions regarding the present agree mentor the subject-matter of the latter.
(2) Any dispute related to commercial and inter-companies matters shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically:
(a) The number of arbitrators shall be three.
(c) The language to be used in the arbitral proceedings shall be English. Any documentation not presented in English shall be translated into English at the expense of the party submitting them.
(3) Any disputes between the Company and its SMPs and clients, related to and in relation to these General Terms and Conditions and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of the Arbitration Court at the Bulgarian Chamber of Commerce and Industry or The London Court of International Arbitration
(4) The above under (2) and (3) mentioned does not prevent/restrict implementation of any other mandatory rules of the country or EU Member State where the SMP has his/her usual place of residence.
Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity, use or registration of any mark, copyright, or other intellectual property or proprietary or confidential information of the Company without Company’s prior written consent. The Company may seek any applicable remedy in any applicable forum with respect to these disputes and with respect to money owing to the Company. In addition to monetary damages, the Company may obtain injunctive relief against any violation of the SMP Agreement or misuse of Company’s trademarks, copyrights or confidential information.
Nothing in this rule shall prevent the Company from terminating the SMP Agreement or from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergency relief available to safeguard and protect Company’s interests prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding.
Nothing contained herein shall be deemed to give the arbitrator any authority, power or right to alter, change, amend, modify, add to, or to subtract from any of the provisions of the General Terms and Conditions, the present SMP Agreement or the Profit Plan.
All notices to be given pursuant to the present SMP Agreement shall be deemed to have been properly given by depositing the notice in the mail, addressed to the subject SMP the last address on file with the Company, postpaid and registered or certified; or delivery by hand or by a recognized overnight delivery service; or by facsimile transmission; or by email. All notices shall be deemed given; ten (10) business days from the date of postmark, if sent by mail; seven (7) days after notice is deposited with a delivery service; or same day if delivered by hand or upon transmission by facsimile or by email.
23. NON-WAIVER PROVISION
Failure of the Company to exercise any right stated in the present SMP Agreement shall not constitute a waiver of Company’s right to demand exact compliance therewith. Waiver by the Company of any breach of any provision of the present SMP Agreements shall not constitute a waiver of any prior, concurrent, or subsequent breach by the SMP. An authorized officer of the Company must issue the Waiver in writing.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the present SMP Agreement is held to be invalid or enforceable, the Company shall have the right to modify the invalid or unenforceable provision or any portion thereof, to the extent required to be valid and enforceable, and the SMP shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
25. LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SMPs, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR, AND SMPs HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY’S PERFORMANCE, NON-PERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY SMP AND THE COMPANY, WHETHER SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY. FURTHERMORE, IT IS AGREED THAT ANY DAMAGES TO AN SMP SHALL NOT EXCEED, AND IS HEREBY EXPRESSELY LIMITED TO THE AMOUNT OF UNSOLD COMPANY’S PROGRAMS, SERVICES AND/OR PRODUCTS OWNED BY THE SMP AND ANY COMMISSIONS OWNED BY THE SMP.
26. NO WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, THE SERVICE OR THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, SERVICES AND PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE SITE, SERVICE AND CONTENT, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE SITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM SMP PARTICIPATION IN ANY SERVICE.
SMP’S USE OF THE SITE, SERVICE AND CONTENT IS AT HIS/HER SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR THE SMP’S INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE SITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICE FROM OR REGARDING THE SITE, CONTENT, OR SMP’S PURCHASES FROM THE COMPANY. THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SMP ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR SERVICE.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA.
THE COMPANY IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLIE FOR INCORRECT USERNAMES AND OTHER DATA PROVIDED BY THE SMP.
THE COMPANY IS NOT RESPONSIBLE AND MAY NOT BE HELD LIABLE FOR ANY ADDITIONAL BANK FEES, TAXES AND CURRENCY EXCHANGE RATES, THAT MAY RESULT IN ANY AMOUNTS TO BE ADDED TO THE ACCOUNT OF THE RESPECTIVE SMP.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF THE COMPANY’S SERVICES OR PRODUCTS. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL'S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS.
27. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND IT’S AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR SMP’S USE OF ANY CONTENT OR OTHER INFORMATION OR SERVICE RELATED TO THE SITE, SERVICE OR PRODUCTS AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), (I) ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY THE SMP IN RELIANCE UPON THE CONTENT OR OUR PRODUCTS OR SERVICE, (II) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE SITE, CONTENT, OR RELATED SERVICE, OR FROM THE USE OR MISUSE OF ANY INFORMATION, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT OBTAINED THROUGH THE SITE, (III) ANY INCORRECT OR MISSING INFORMATION OR DATA, OR (IV) OTHERWISE ARISING OUT OR RESULTING FROM LOSS OF THE SMP’S DATA OR INFORMATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S MAXIMUM LIABILITY, IF ANY, FOR ANY LOSS OR DAMAGE RELATING TO OR ARISING OUT OF THE USE OF THE SITE, SERVICES, PRODUCTS OR ANY CONTENT WILL NOT EXCEED THE LESSER OR ACTUAL DAMAGES OR THE CHARGES PAID BY SMP TO THE COMPANY FOR THE AUTO-SHIP AMOUNT FOR A PERIOD OF TWO MONTHS.
THE COMPANY IS NOT RESPONSIBLE FOR INTERRUPTED, INACCESSIBLE OR UNAVAILABLE NETWORKS, SERVERS, SATELLITES, INTERNET SERVICE PROVIDERS, WEBSITES, OR OTHER CONNECTIONS, OR FOR MISCOMMUNICATIONS, FAILED, JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED COMPUTER, TELEPHONE OR CABLE TRANSMISSIONS, OR FOR ANY TECHNICAL MALFUNCTIONS, FAILURES OR DIFFICULTIES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE SMP TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THE PRESENT SMP AGREEMENT.
28. INCOME DISCLOSURE
THE INCOME DISCLOSURE POSTED ON SRK NETWORK WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND SMPs HEREBY REPRESENT THAT THEY HAVE READ AND UNDERSTAND IT.
29. PAYMENT METHODS ACCEPTED
Currently for the comfort of its clients and partners the Company accepts various payment methods for the purchase of goods, main of which are as follows:
Electronic transfer through SRKwallet
The COMPANY warrants that the above stated list of payment methods may be modified from time to time.
30. INCOME STATEMENT
An SMP's success depends in great part upon his or her skills, efforts, dedication, desire, and motivation. Becoming an SMP is NOT a guarantee of income.
There is no purchase required of a SRK NETWORK’s product to receive referral sales commissions.
Version of the present SMP Agreement: 21.09.2017