DISTRIBUTORSHIP AGREEMENT

 Upon acceptance of these terms by clicking the button below signifying your conformity, and/or upon signing this Agreement, you hereby fully agree, without any reservations, disagreements or objections, whether express or implied, on the following terms and conditions:

I. PARTIES

PERSONALITY: The Style Consultant is an individual person or entity (Corporation, Single Proprietor, etc.) who or which intends to become a member distributor of the direct selling and MLM business of KI-KAI PHILIPPINES (‘Company’), an independent contractor and/or with home-based business. As a Style Consultant, you hereby agree that there is no employer-employee relationship, partnership and/ or joint-venture between you and the Company in this undertaking.

QUALIFICATION: Must be 18 years of age. II. PURPOSE

PURPOSE: This Agreement is to accredit, the Style Consultant, as an independent distributor who can enjoy the privilege to represent the Company in doing the direct selling and MLM business in product distribution as well as get the benefits, incentives and rewards provided by the Company.

III. ACCOUNT

ACCOUNT DASHBOARD: A Style Consultant who bought a KI-KAI Business Kit is given a free online account dashboard where all concerned transactions to do the business and access to products can be done. This includes, but shall not be limited to, ordering, tracking of commissions, request for commission withdrawal, monitoring of referrals and network, tracking of reward points earned, redemptions.

PASSWORD: The Style Consultant is required to keep the account password in full confidentiality. The Company is not liable for whatever reason for access to the Style Consultant’s account, using its unique password, by another person or entity.

BASIC INFORMATION: As a Style Consultant, the Company needs your basic information such as home address, telephone and mobile phone number and working email address that you have voluntarily provided. These will be used to enable the Company to provide its services. The data will be kept highly confidential and will not be provided to parties not engaged in the Company’s services or used for advertising purposes by a third party. You have the ability to update or change your password, address and contact details through your online dashboard account.

IV. PURCHASE

PRICE: The price is inclusive of Value Added Tax and is subject to change without prior notice. The Style Consultant is not allowed to sell the products lower than the retail price to non-members. Violation of this may cause forfeiture of commissions and cancellation of membership.

  • 25% Discount – is enjoyed by a member for MOQ ranging from 3 – 119 packs. The retail amount and discount are reflected on the sales order and invoice.
  • 50% Discount – is the wholesale discount for single orders of 120 packs and above. The retail amount and discount are reflected on the sales order and invoice.

  • Other products may not fall on the exact 25% or 50% discount. KI-KAI has the discretion on the price and discounts enjoyed by all member Style Consultants.

  • Selling of Products to Existing Members – A Style Consultant who purchased at wholesale price must sell the products at 25% discounted price, from the posted retail price to existing members.

    PAYMENT METHOD: The Style Consultant can make payment through the following methods:

  • Online Payment: through the Company’s website using 3rd party payment service providers.

  • Payment to Office Cashier: Pay in CASH or CHECK at the Head Office’s authorized cashier upon purchase. Payments made through CHECKS issued are subject to bank clearing. Once cleared, the product will be shipped accordingly to the Style Consultant’s home address or to the address indicated.

  • Bank to Bank Transaction: A Style Consultant must EMAIL or send via Facebook MESSENGER a scanned copy of the deposit slip as payment made via bank deposit to the company for confirmation. Once verified, the package will be shipped out within 72 hours and confirmed as successful.

    The Style Consultant will receive an ELECTRONIC RECEIPT (Sales Order) sent to the registered e-mail address for all confirmed paid purchases. The Sales Invoice will be included in the shipment together with the product upon confirmation of payment.

o Company’s Email Address : sample - contact@kikai.com Company’s Facebook Account : @kikaiph

BANK ACCOUNT:
o Account Name : KI-KAI CORPORATION
o Account Number and Branch as specified in the order form.

SHIPPING COST: Depending on packages or MOQ, purchases may be delivered to the registered address of the Style Consultant as Free of Charge. In other cases, an additional shipping fee may be charged by the Company to the Style Consultant. Upon placement of order, shipping will take 3-5 working days for Metro Manila and 4-7 working days for provincial areas outside Metro Manila.

VI. ACCOUNT MAINTENANCE

REPEAT ORDER REQUIREMENT: The Style Consultant needs to buy at least three (3) packs of nail art every 90 days or 3 months, at the rate being offered, which may or may not include discounts, to continuously enjoy the benefits and privileges as a member of KI-KAI.

INACTIVE ACCOUNT: The account of Style Consultant who fails to buy the repeat order requirement within 90 days will result to an Inactive Status of the account. In this case the following terms will be applied:

The Style Consultant forfeits all of his/her present commissions during inactive status. Thus, no commissions, reward points and other earned benefits will be credited to an Inactive Account. All previously credited commissions, reward points and benefits earned during the Active Status of the account will not be forfeited. The Style Consultant is still able to access the inactive account. However, withdrawal and/or redemption of commissions, reward points, reward items or promotional prizes will not be allowed.
To reactivate the account, the Style Consultant must purchase the minimum repeat order requirement of 3 packs. Upon confirmation of purchase, the system will automatically set the account to an Active Status and will allow the Style Consultant to enjoy all the privileges and benefits as a member of KI-KAI.

VI.

BUSINESS PRIVILEGES: A Style Consultant who is doing business with the Company will enjoy the following privileges:

  • 25% Discount on repeat orders, based on the repeat order’s MOQ.

  • 50% Discount on bulk purchases based on MOQ.

  • Earn MLM Sales Override Commission – potential earning within the allowed Level 8 depth of genealogy. Commissions can be earned through membership and repeat orders sold.

  • 5% Cashback on all personal purchases, whether as repeat order or wholesale package.

    Percentage is computed on value of purchase excluding VAT amount.

  • Reward Points / Point Value (PV) – accumulate PV based on personal purchases. PV is used to redeem items or qualify for rewards and incentives as posted by the Company.

    Incentives and Rewards – based on sales performance as provided by the Company through a written memorandum posted on its website and other applicable media.

    CREDITING OF COMMISSION: All related commissions from paid orders are automatically credited to your account, in real time transactions. The accumulated commission shall not bear any interest.

    COMMISSION WITHDRAWAL: The Style Consultant must have an active account in order to withdraw commissions. The Style Consultant shall transact a commission or encashment request via the account dashboard. The commission is subject to current governing taxes and other company-set conditions.

    COMMISSION PAYOUT: Commissions are subject for withdrawal request by the Style Consultant. All request must be transacted online through the Style Consultant’s account dashboard. The schedule below will be followed:

Transaction Period

Request Period via Online

Release of Check Commission

1 – 15th of the month

Any time between 1-15th. of the month

25th of the month

16 – 31st of the month

Any time between 16-31stof the month

10th of the next month

REWARD POINTS / POINT VALUE (PV): As an additional incentive, the Style Consultant can accumulate reward points for every personal purchase. The PV is a reward program and is neither a commission nor a peso representation. It may be used for redemption of gift items or other marketing programs released by the Company at the latter’s discretion. Non-forfeiture policy applies on PV.

UPDATES ON REWARDS AND INCENTIVES PROGRAM: The Company reserves the right to update the rewards and incentives program with or without notice to the Style Consultants. The Company, its employees, officers, consultants, and stockholders shall be held free and harmless from any and all liabilities arising from or in connection with any wrongful act and/or omission resulting in criminal, civil and/or administrative liability on the part of the Style Consultant in connection with the performance of his/her duties, responsibilities, and/or obligations under this contract.

VIII. CONDUCT

RESPONSIBILITIES:

  • This Agreement is subject to termination in case of falsification of member’s documents, non- registration of memberships, manipulation of commissions by customers, or if the Style Consultant engages in scrupulous or illegal activities, and in any way uses KI-KAI for anything else other than selling or marketing its products and for affecting the KI-KAI brand in a negative way.

  • The Style Consultant must stress during the product presentation and business opportunity seminar the policies on 1) Monthly Product Patronage, 2) No Purchase, No Commission Withdrawal and 3) Non-Forfeiture of Commissions, for them to understand on how to fully benefit from the compensation plan.

    The Style Consultant must strictly comply with the implementing guidelines, including the prices, company rules, procedures and other administrative requirements issued by the Company. Violations thereof shall be cause for termination of the Agreement, after proper notice, investigation and verification.

  • The Style Consultant must not sell the product/s below twenty-five percent (25%) of the suggested retail price (SRP).

    The Style Consultant will follow the product and business presentation. The Company will provide training that can help its members enjoy the full benefits of the business. It is the Style Consultant’s independent concern to attend and inquire on such training.
    The Style Consultant must exclusively sell the Company’s products and must not and or desist from selling similar or the same type of product from other sources and/or competitors. In case of violation, such is subject to cancellation of membership and forfeiture of commission and other benefits.

    USE OF MARKETING MATERIALS: Modification, revision, redesign and/or tweaking of all or any portion of information, marketing materials or content made available by KI-KAI to its members is not allowed without the Company’s prior written consent. KI-KAI expressly prohibits any derivative use or adaptation of the designs or content and copying of the content for the benefit of a thirty party. The Style Consultant is not allowed to reproduce, duplicate, copy, sell, resell or otherwise exploit the materials or content for the purpose of the KI-KAI business without the Company’s prior written consent.

    LIABILITY: The Style Consultant shall be held fully responsible for all payments received on transactions from his/her customers. This includes payments for online registrations and repeat purchases. The Company shall not be held responsible should the Style Consultant commit any wrongful act against a customer or do an illegal or unethical act on any transactions entered or fails to do that which is required by law, or by negligence does or fails to do an act which is punishable by law. KI-KAI shall not be bound by actions committed by its Style Consultants. The Style Consultant shall hold the Company free and harmless against any misrepresentations or violations committed against the terms of this Agreement.

 

IX. DISCLAIMERS

EARNINGS:

  • As a Style Consultant, you hereby guarantee that the Company has made no warranties, guarantees, promises, suggestions, or representations whatsoever to you about your potential earnings or that you are assured to earn money with respect to your purchase or enrollment as member at our website.

    You also hereby agree that the Company has not authorized any promise, projection or representation by others. Any examples of earnings and income are only and purely estimates. This applies on monetary earnings, incentives or rewards, regardless of whether such incentives and rewards are convertible to cash or not.

  • There is no assurance that any prior successes or past results of other Style Consultant, as to their earnings or income, will neither be an indication of your own future success nor considered as “average earnings”. Your income shall be purely dependent and derived from your personal work and activities within the direct selling and MLM business of the Company.

    TESTIMONIALS: The testimonials of Style Consultants posted on the Company’s website or other media are exceptional results and of their own personal experience. This does not reflect a general or universal experience for other Style Consultants and does not intend to represent or guarantee that any person or member will achieve the same or similar results.

    TRADEMARK: The Company’s graphics, logos, standard pitch content, scripts and designs are trademarks or trade dress of KI-KAI. KI-KAI’s trademarks and trade dress may not be used in connection with any product or service that is not KI-KAI’s, in any manner that is likely to cause confusion among KI-KAI’s customers or potential customers, or in any manner that disparages or discredits KI-KAI.

    Joining KI-KAI grants the Style Consultant a privilege to carry the KI-KAI brand and member must take care or uphold the KI-KAI brand. Being a privilege, it can be revoked for any misuse of the KI-KAI brand.

X. MISCELLANEOUS

UPDATE OF TERMS OF AGREEMENT: The Company reserves the right to update the terms of agreement with or without notice to the Style Consultants. The Company, its employees, officers, consultants, and stockholders shall be held free and harmless from any and all liabilities arising from or in connection with any wrongful act and/or omission resulting in criminal, civil and/or administrative liability on the part of the Style Consultant in connection with the performance of his/her duties, responsibilities, and/or obligations under this contract.

GOVERNING LAW: This Agreement and the rights and obligations of the parties under this Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of the Philippines.

ARBITRATION, VENUE OF ACTION: Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be resolved first by way of arbitration. In case of failure to arbitrate the parties agree that any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the courts of Mandaluyong City to the exclusion of all other venues. The parties further waive any objection to the venue of any such suit, action or proceeding and the right to assert that such a forum is not a convenient forum.

ENTIRE AGREEMENT: This agreement and the Terms of Use, constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.