MEMBER TERMS AND CONDITIONS Kanbala.com
Customers are required to create a free membership at Kanbala.com and they are referred to below as Members.
Kanbala.com “Kanbala” is a DBA of Kanbala LLC.
1. Kanbala Membership is available to licensed corporate and other legally recognized organizations. Individual Members must be over 18 years of age at the time of submission of application. Membership is effective upon its receipt and acceptance by Kanbala.
2. Member(s) understands that many of the products and services offered to Members are provided to Member by third parties and that Kanbala provides no warranties or guarantees regarding the products and services made available to Member. Member agrees to look exclusively to the actual supplier of goods and services for any refunds, warranties or guarantees to which Member may be entitled.
3. A Kanbala membership offers various goods and services to our members. Some products are proprietary. Member understands and agrees that the same or substantially similar goods and services may be available to Member at equal or lower prices from other suppliers of such goods and services on the Internet and within the shopping areas of a Members place of residence. Kanbala is not a discount buying service.
4. Member may cancel their Membership to Kanbala.com at any time by written email notice to support through our online Inbox help desk found in the Kanbala.com member’s area or by emailing support at email@example.com. Kanbala is not responsible for lost or non-delivered email. Cancellation notices must include member’s account information including: first and last name on the account, phone number, Kanbala website name and reason for cancellation. Cancellation of purchased memberships be must be received at least five (5) days before the next credit card or debit card charge date, otherwise cancellation will be effective as of the next scheduled credit card or debit card charge date subsequent to receipt of cancellation notice. No refunds or partial refunds are provided.
5. Membership Privileges: Members may access all benefits available to them inside their members area found by clicking the “log in” or “sign in” or “members area” links on our website found at www.Kanbala.com.
INDEPENDENT MEMBER REPRESENTATIVE POLICIES AND PROCEDURES
Welcome to Kanbala.com. (hereinafter Kanbala). Our Independent Member Representatives (IMRs) are the backbone of our marketing program. We realize you have made a commitment of time, energy, and personal sacrifice to market our Memberships, services and other products. Kanbala makes a commitment to you, the Member Representative, that we will provide you with the basic tools for you to have an opportunity to succeed in marketing our memberships, products and services.
The Kanbala Website and other marketing and training materials have been created by Kanbala as guidelines for each Member Representative to follow when presenting our Products and/or Opportunity to prospective Members and Member Representatives. As a Member Representative you have agreed to follow the RULES, REGULATIONS, and CODE of ETHICS contained within the Member Representative Terms and Conditions and these Policies and Procedures. This helps to create unity among our Member Representatives and assure the company that the sales program is being presented in an effective and consistent manner.
In addition to providing proprietary products and services, Kanbala also specializes in negotiating special values and benefits programs from national and regional companies and passing along those values and benefits to its Members. Kanbala derives its income from selling Kanbala memberships, products and services. IMRs are required to be an IMR in good standing in order to receive commissions, bonuses, overrides, renewal commissions and renewal overrides.
Guidelines and Procedures
1. These guidelines and procedures are established to clarify and define the rights of Kanbala and its Members who elect to become IMRs.
2. An individual, corporation, partnership or non-profit organization may participate as an IMR. All those wishing to participate in the IMR Opportunity must submit an IMR Application and Agreement to Kanbala and have it approved. Business and non-profit organizations must be a legal entity in their state of business residence.
3. To be eligible to become an IMR, individuals must be of legal age in their resident state.
IMR Rules and Regulations
These Policies and Procedures and the IMR Compensation Plan are incorporated into the IMR Agreement. Each individual and legal entity who becomes an IMR must read these Policies and Procedures carefully. They are an explanation of the rights and responsibilities of both Kanbala and its IMRs.
IMRs are required to honor and abide by all laws and regulations governing home-based businesses and network marketing as required by federal, state, and local authorities. Violation of the Kanbala IMR Builder Agreement, shall be cause for cancellation of the IMRs status. The IMR Terms and Conditions, IMR Compensation Plan and these Policies and Procedures may be amended periodically at the discretion of Kanbala. Updates will be published on the Kanbala website. Upon publication on the Kanbala website each becomes a part of and incorporated into the IMR Agreement.
Communicating with Kanbala
When you have questions or need assistance from the Kanbala Corporate Office, you may use our free online help desk inbox found in the Kanbala.com members area or email firstname.lastname@example.org.
The following numerical listing will allow you an easy access to our policies, procedures, and code of ethics:
1. The Rules, Regulations, Guidelines, Policies, Procedures and Code of Ethics are established to clarify and define the rights and responsibilities of Kanbala and its IMRs who are Independent Contractors originating sales of Kanbala’s Membership Plans and other Products and Services to customers. The Rules, Policies, Regulations and Code of Ethics are provided as guidelines for and are considered part of the IMR Agreement and are incorporated therein by reference.
2. The IMR Application and Agreement must be printed, filled out and completed by the applicant and then mailed or faxed to the Kanbala Corporate Office following the directions found on the application. The Application and Agreement must be accurate, legible and faxed or mailed to Kanbala within 72 hours from the date Applicant signs and executes the Application and Agreement. IMR Applications and Agreements submitted to Kanbala, which are not filled out completely, accurately and legibly, including necessary signatures, shall be returned to the Applicant immediately. Current forms and applications are available on the Kanbala Corporate Website Members Area.
3. Any applicant applying to Kanbala as a corporation, partnership, non-profit, or any other business organization must be a legal entity in its state of residence. All business organizations shall appoint one person from the organization as a designated representative with Kanbala. Designated representatives of organizations shall have sole rights and responsibilities as an IMR and shall abide by all provisions of the IMR Agreement.
4. Each applicant desiring to become a Member or IMR must be recommended by an IMR who is in good standing with Kanbala.
5. Upon approval, all individuals or business entities completing an Application and Agreement to become an IMR enjoy all rights to participate in all IMR marketing and compensation programs of the company and have the right to market Kanbala memberships, products, benefits, and services.
6. IMRs must not use the Kanbala corporate name, “Kanbala”, “Kanbala.com”, or “Kanbala.com” in any business organization’s name or bank account names.
7. IMRs must not make representations as to any future products, benefits or services that will be offered by Kanbala to its customers, until announced in writing by Kanbala on the Company website.
8. IMRs will be subject to having their IMR Agreement terminated for originating sales to customers who submit to Kanbala credible evidence that the IMR who originated the sale misrepresented Kanbala.
9. Kanbala reserves the right to charge an IMR’s commissions, bonuses, overrides, renewal commissions, renewal overrides and bonus accounts for any unpaid monies owed to Kanbala by an IMR and for all refunds made by the Company in its sole discretion to the IMR’s customers for which the IMR/Team Builder received commissions.
10. Kanbala reserves the right in its sole discretion to terminate any IMR that it believes is causing harm for any reason to Kanbala, its programs, IMRs, vendors, Members or customers.
11. IMRs shall indemnify and hold harmless Kanbala, its officers, directors, and shareholders, against any claim, liability or expense, including attorney fees, resulting from the IMRs conduct of its business as an IMR.
12. Any and all advertising and promotional material relating to Kanbala shall be created, produced and made available by Kanbala. IMRs shall not develop or sell in whole or part any literature, stationary, business cards, envelopes, advertising material, and/or sales aids referring in any manner to Kanbala. IMR’s may submit created marketing material to Kanbala for approval at which time the materials become the exclusive sole property of Kanbala.
13. An IMR may reproduce all official Kanbala single part forms and materials. No changes may be made to these forms.
14. All IMRs receiving any inquiry regarding Kanbala from the press or other media must immediately refer the inquiry to the Kanbala Corporate Office and refrain from providing information to the inquiring media entity or person.
15. All IMRs must submit any and all personal information file changes to Kanbala via online members area profile area, inbox, or help desk. File changes include, but are not limited to, change of name, address, phone number, Social Security number or Federal Identification Number.
16. All data and information received regarding Kanbala obtained by an IMR as a result of his/her/their contractual relationships with Kanbala is deemed proprietary, confidential, and trade secrets of Kanbala.
17. No IMR has the authority to bind Kanbala to any obligation.
18. All IMRs have the right to conduct their home-based business anywhere in the United States without territorial exclusivity and Internationally where permitted by law.
19. Upon the death of an individual or dissolution of a business entity, the IMR’s right to commissions, bonuses, overrides and marketing position, together with all IMR responsibilities, shall pass to its designated successors upon receipt of a notarized statement or certified court order substantiating the prospective beneficiary’s claim to the IMR’s business. The beneficiary must also fulfill all responsibilities of the IMR and complete a new IMR Application and Agreement form.
20. All IMRs have the right to sponsor/refer others as IMRs. In addition, every person/entity has the initial right to choose his/her/their own sponsor. If two IMRs should claim to be the sponsors of the same new IMR, Kanbala shall regard the first signed application received by the corporate office as controlling. Kanbala reserves the right to reassign sponsorship in a case-by-case basis.
21. Business licenses may be required of an IMR. An IMR will determine and obtain all required licenses including telemarketing license if applicable to IMR’s sales activities.
22. No personal product purchase is required to become or to remain a IMR of Kanbala.
23. An IMR of Kanbala must purchase Affiliate Hosting and Training and must have at least one customer who is not an IMR in order to receive compensation.
Code of Ethics
IMR is committed to fair and ethical business practices and services to its IMRs, members and customers. Every IMR of Kanbala hereby pledges to abide by the Code of Ethics, standards and procedures, established by Kanbala in the conduct of their business as a condition of being accepted and continuing as an IMR of Kanbala.
1. IMRs hereby pledge that they will not engage in any deception or unlawful practice in dealing with Customers or with other IMRs.
2. IMRs pledge to present Kanbala and its earnings potential to potential IMRs without exaggeration or deception of any kind whatsoever, or representations that profit can be made easily or without effort.
3. IMRs pledge that they shall not provide any earnings-potential claims to any prospective IMR candidate, including but not limited to display of commission checks or reference to the earnings achieved by any IMR, except as may be provided from time to time by Kanbala on the official Company website. A general description of how the compensation plan works is not, standing alone, deemed a statement of potential earnings.
4. Kanbala believes in the highest ethics and sense of fair play. Misrepresentations to potential customers, existing customers, or the public, of any material facts regarding Kanbala or its income potential will cause quick and decisive action in termination of the offender. In extreme cases of violations, Kanbala reserves the right to pursue reasonable legal recourse. Kanbala safeguards its good name and requires all IMRs to enforce ethical policies and all laws, statutes and regulations imposed by any lawful governing body.
5. IMRs who participate in Kanbala are free to sell products and services of other companies and participate in other direct marketing companies, however each IMR agrees that they will not promote or sell other products or services of any other company along with or when presenting the Kanbala memberships and sales program to prospective Members or prospective IMRs.
6. IMRs agree not to make any benefit, service, product, or income claims to the public that are not expressly stated in official Kanbala literature.
7. IMRs will study the Kanbala literature, training materials, web site, marketing and compensation plan and provide reasonable ongoing training and support to IMRs in her/his/their sales organization.
Kanbala.com “Kanbala” is a DBA of Kanbala “K”.
Kanbala INDEPENDENT MEMBER/REPRESENTATIVE TERMS AND CONDITIONS
2. As an IMR, I will market the Kanbala memberships and products/services as an Independent Contractor and without the control of my activities by Kanbala or it’s parent company Kanbala.
3. Qualifications: I am of legal age in the state where I reside, am legally competent and legally authorized to work in the United States of Country of my residence. I understand that I must be in compliance with this Agreement to be eligible to earn and receive commissions and other compensations from Kanbala and/or K.
4. I understand and agree that in order to become and remain a commissionable IMR each month I must have obtained purchases on my personal Kanbala IMR website from non-REPRESENTATIVE customers equal or exceeding in amount the cost of my personal Kanbala membership.
5. Independent Contractor Status: I agree that my relationship as an IMR is that of Independent Contractor. I am not an employee, agent, legal representative or employee of Kanbala, Kanbala or its affiliates, and I will not make any representations otherwise. I may not bind Kanbala or Kanbala to any agreement or obligation. I am solely responsible for determining my activities in the conduct of my Representative business and for paying all expenses I incur, including but not limited to travel, food, lodging, office, permits and license fees and all other expenses, whether business or personal. I will not be treated as an employee of Kanbala or Kanbala for federal or state tax purposes. I am responsible for all liability, health, disability, workers’ compensation and other insurance.
6. As an independent contractor, I am solely responsible for the payment of all federal, state and local taxes, including, but not limited to, self-employment, withholding, unemployment and Social Security taxes, and any other taxes which may be attributable to my activities and earnings under this Agreement. To the extent required by law, I am responsible for the payment of any applicable sales, use or other similar taxes.
7. Cancellation of Membership. I understand and agree that I may cancel my membership at any time regardless of reason, by notice through the Kanbala Help Desk of Inbox System found in the Members Area of the www.Kanbala.com webiste or by email to Kanbalainfo@gmail.com. Cancellations must include the: a) Member’s first and last name, b) Members’ email, c) Member’s phone number, d) Member’s Kanbala Website name, and d) reason for cancelling. In order that cancellations be effectively processed, a membership cancellation is effective at close of business of the fifth business day after receipt of a cancellation notice. Cancellation of membership results in concurrent cancellation of a member’s Sales Representative (IMR) status with Kanbala. Member payments received after the effective date of member’s cancellation will be promptly returned within 30 days by credit to the member’s credit card used in making the refundable membership payment.
8. Payment of Sales Representative Commissions Upon Cancellation. I understand and agree that all earned but unpaid Sales Representative commissions will be paid to Sales Representatives within 10 days of the effective cancellation date provided that: 1- I have submitted a signed Independent Representative Agreement, accepted by Kanbala, on file with the Kanbala Home Office as of a date prior to receipt of the notice of cancellation and, 2- I am in good standing as a Sales Representative with Kanbala and 3- I, as a Representative, have complied with the commission qualification requirements set forth in the Kanbala Compensation Plan. No prior express or implied waiver of a commission qualification requirement set forth in the Compensation Plan shall apply in the event of a cancellation of a Sales Representative position. Kanbala shall have a period of 30-days to process all refunds including specific requests for refund or commission payment in order to determine if a refund is due to a cancelling Member or if Commissions are payable to a cancelled Sales Representative and to make such payments if owed. Credit card charge back requests made shall void any payment obligation owed to Member or Sales Representative.
9. Kanbala may terminate this Agreement or impose disciplinary action on me immediately upon written notice in the event that I breach this Agreement or participate in any action that could been deemed as causing harm to the company. Immediately upon cancellation, termination or non-renewal of this Agreement, I lose all rights as an IMR, including my team sales, my organization and my participation and position in the IMR Compensation Plan.
10. I will operate my Kanbala IMR business in a lawful and ethical manner and perform my obligations as an IMR with honesty and integrity and in compliance with all federal, state and local laws.
11. Support: I acknowledge that as an IMR I must support and maintain regular communication with and support to all IMRs I personally sponsor, as well as those in my commissionable IMR downline sales organization with which I have had personal contact with by phone, text, chat or email or in a live personal meeting.
12. Proprietary Rights/Use of Materials: I acknowledge that Kanbala’s present and future trademarks, service marks, trade names, patents and copyrighted materials are owned solely by Kanbala or its licensors, and that use of such marks and materials by me must be in compliance with Company’s written policies. I agree to use only written, recorded or other promotional or advertising materials which have been produced by Kanbala and/or approved in writing by Kanbala prior to their use. I hereby transfer all proprietary rights in and to any materials that I produce regarding Kanbala’s sales program, products and/or services to Kanbala in perpetuity (including but not limited to all information posted on my Company Web page) to Kanbala. I agree to assist Kanbala with any requirements necessary to protect such rights.
13. I agree that Kanbala has the exclusive proprietary ownership of its customer lists, customer information, IMR and customer lists and information, and in all operating, financial and marketing materials in any way related to this Agreement; and that all such information is confidential. I shall not disclose such information to any third party except in strict accordance with this agreement; that such information is confidential and I shall not use such information, nor assist others to do so to sell products or services other than offered by Kanbala nor in connection with any other business during terms of and after termination of this Agreement. Upon termination or non-renewal of this Agreement, I immediately shall cease all use of the proprietary and confidential information.
14. I understand and agree that all members and customers I procure on behalf of Kanbala are exclusively the members and customers of Kanbala. During the term(s) of this Agreement and for 120 days thereafter, I will not, directly or indirectly, (i) market, offer or sell products or services that compete with, or are similar to, those offered by Kanbala or (ii) otherwise solicit, divert, take away or interfere with any of the customers, employees or business of Kanbala or its affiliates. During the term of this Agreement and, for 120 days thereafter, I will not, directly or indirectly, on behalf of myself or any other individual or company, solicit or induce any employee of Kanbala or its affiliates, (i) to participate in any network marketing or direct sales program offered by any other company, or (ii) to terminate or alter his or her business or contractual relationship with Kanbala.
15. I agree to indemnify and hold Kanbala and its affiliates, and their respective officers, directors, shareholders and employees (the “Indemnified Parties”), jointly and severally, harmless from and against any and all alleged claims, damages, expenses, fines or penalties, including any attorneys’ fees, arising out of my (i) activities as an IMR including, without limitation, any unauthorized representations or slamming activities; (ii) breach of the terms of this Agreement; or (iii) violation of or failure to comply with any applicable federal, state or local laws or regulation. I agree that none of the Indemnified Parties shall be liable, jointly or severally, to me for: (i) any loss or damage incurred by me arising in connection with the performance of Kanbala’s or its affiliates’ obligations to its customers, including the provision of products or services; (ii) economic loss, including without limitation loss of profits, revenues or anticipated income; (iii) loss of goodwill or business opportunity; or (iv) for any indirect, special, punitive, incidental or consequential loss or damages, howsoever arising.
16. Kanbala reserves the right to amend these Terms and Conditions, the IMR Compensation Plan, company materials, renewal fees, sponsorship assignments and product and service prices from time to time, in its sole discretion, which modifications shall become a binding part of this Agreement. Such amendments shall be published on the Kanbala.com website which will be viewable by IMR and shall become effective upon publication. My continuation of Membership or the Kanbala.com website shall constitute my acceptance of any and all amendments.
17. Assignment: This Agreement may not be sold, pledged or assigned by me except as expressly permitted by Kanbala, which may withhold its consent in its sole discretion.
18. I acknowledge that I have not received any representation or statement from Kanbala or any other person that (i) my Kanbala business may, can or will generate income or be profitable; (ii) I can earn back any investment in training, product, services and/or sales aids; (iii) Kanbala will make up any financial losses which may occur; or (iv) any particular product or service will be offered. I shall not represent, directly or indirectly, that any person may, can or will have any potential or actual earnings or profit, or that sponsorship of other Kanbala IMRs or the solicitation of members subscribers or customers is easy to secure or retain.
19. Governing Law: This Agreement shall be governed by and construed and enforced under the laws of the State of Delaware without regard to conflicts of law principles.
20. Arbitration: Except as set forth herein, any dispute between Kanbala or its affiliates and myself, including but not limited to, those arising out of or relating to this Agreement or the Policies and Procedures shall be exclusively resolved by binding arbitration. Arbitration shall occur in Denver, Colorado under the Commercial Rules of the American Arbitration Association. Each party shall be solely responsible for their own fees and costs. The arbitrator may award in addition to declaratory relief, contract damages and injunctive relief. An arbitration award may be enforced in any court of competent jurisdiction. This provision shall not prohibit either party from seeking or obtaining preliminary or permanent injunctive or other emergency relief in any court of competent jurisdiction.
21. Waiver of Class Action: As part of the consideration provided for the opportunity of being an Kanbala Independent Member/Representative, I expressly waive and disclaim any right to bring any claim in any and all forums as a class action or submit any complaint or request to a private attorney general. I may not serve as a class representative or a member of a class in any litigation adverse to Kanbala and/or K.
22. Public Representation: I agree not to disseminate information in email, public forums or through any other media which could be perceived as derogatory or negative regarding Kanbala, Kanbala.com, it’s owners or other K and/or Kanbala Independent Marketing Representatives. I agree and understand that violating these terms may result in Kanbala.com and Kanbala.com seeking legal damages from me.
23. Third Parties: I understand and agree that K and Kanbala are not responsible for the performance or claims of any third party, whether the third party provides a product, service or any other benefit.
24. Not a Discount Buying Organization: I agree and understand that Kanbala is not a discount buying service organization. Although Kanbala strives to provide our members with the lowest possible prices, the same goods and services offered by Kanbala may be available at the same or lower prices from time to time in local stores or on the Internet. I understand that the goods and services available to Kanbala members are provided by independent third party suppliers. I agree to look exclusively to the third party suppliers for customer services and all warranties and guarantees. I agree that in no event shall Kanbala be liable to me or any other Member for any act, omission, warranty or guarantee as to products and services ordered by myself from a third party supplier.
25. Louisiana and Montana Residents Only: Louisiana residents arbitrate in Baton Rouge, Louisiana. Montana residents may cancel this Agreement within fifteen (15) days from the date of enrollment and receive full refund of all sums paid to Kanbala less commissions received.
26. This Agreement, the Kanbala IMR Compensation Plan and other terms and conditions of use, which are incorporated herein by reference, constitute the entire agreement between the parties and supersede prior or existing oral or written agreements between the parties. No other additional promises, representations, guarantees or agreements of any kind, whether oral or written, shall be valid unless expressly agreed to in writing and signed by an authorized officer of Kanbala.
27. Any communication, notice or consent to be given under this Agreement by a party to the other party shall be in writing and shall be either (i) personally delivered; (ii) delivered by electronic communication, whether by posting on the Kanbala.com website, email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested); (iii) delivered by registered or certified mail, postage prepaid, return receipt requested; or (iv) delivered overnight express delivery service to the address provided in this Agreement. Any such communication, notice or consent shall be deemed to have been duly given or served on the date personally served if by personal service or overnight delivery, on the date of confirmed dispatch if by electronic communication, or on the date shown on the return receipt or other evidence of delivery, if mailed.
28. All rights, powers and remedies given to Kanbala by this agreement are cumulative, not exclusive and in addition to any and all others and remedies provided by law. No failure or delay by Kanbala to exercise any power or right under this Agreement or to insist upon strict compliance with any obligation or provision shall constitute a waiver of the Kanbala’s right to demand exact compliance therewith.
29. Severability: If under any applicable law or rule of any applicable jurisdiction, any provision of the Agreement is held to be invalid or unenforceable, the remainder of the Agreement will be interpreted as best to effect the intent of the parties hereto. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Agreement.
Effective Date: April 6, 2018
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