THE CODE OF ETHICS FOR MEMBERS

 

As a Member of Qurlivka Southeast Asia (M) Sdn Bhd, I agree to adhere strictly and totally to the following principles in carrying out my day-to-day business.

1. I will follow the highest standard of honesty and integrity in conducting the Qurlivka Business.
2. I will abide by the Rules & Regulations, policies, Code of Ethics, Company’s procedures and directives at all times.
3. I will actively train and encourage my downlines towards succeeding in Qurlivka business.
4. I will not resort to any fraudulent act in promoting Company’s business at the expense of Company, fellow Members and direct selling industry.
5. I will present Qurlivka Compensation Plan accurately and honestly, clearly portraying the level of efforts required to achieve success.
6. I will not take advantage the goodwill of Company to promote other businesses ventures/interests, whether directly or indirectly in competition with or in conflict with Company’s interest.
7. I will not make negative or disparaging remarks about Company, its employees, officers, directors or denigrate other company’s products, marketing plan or any other features of another company. I will be respectful to Company and to the direct selling industry as a whole.
8. I will not retail Company’s products (“Products”) at below or above the prescribed prices authorized by Company.
9. I will not make any payment or promise to pay any prospect or Member in return for membership recruitment or enrolment activities.
10. I will not use Company’s trade name(s), information, literature, advertising material and gathering of people or other Company’s resources to enhance other business interests or purpose not authorized by Company.
11. I will continuously strive to ensure that my customers and fellow Members are satisfied with Products and my service.

 

MEMBER TERMS AND CONDITIONS

This Agreement is entered between QURLIVKA SOUTHEAST ASIA (M) SDN BHD (1294081-K) a company incorporated in Malaysia and having its place of business at LEVEL 16, THE PAVILION TOWER, JALAN RAJA CHULAN, 50200 KUALA LUMPUR. (hereinafter referred to as “The Company”) and the Member (hereinafter referred to as “the Member”) upon submission of the Application Form by the Member to the Company.

Now the parties hereby agreed: –

1.The Member’s Eligibilities

1.1 The Member hereby warrants that: –

1. the Member has attained the age of 18 years old and above;
2. the Member is not an undischarged bankrupt and there is no any bankruptcy petitions against him/her;
3. the Member has read and agreed to be bound by the terms and conditions of this Agreement, the Company’s Rules and Regulations and Compensation Plan currently enforced by the Company, and agreed that the Company reserves the right and authority at any time to amend, alter, add or delete any Rules and Regulations as it deems fit and necessary without prior notice, and;
4. the Member shall during his/her Membership, observe and abide by all laws under the Direct Sales and shall not infringe any laws, by-laws and regulations of the Government and local authorities in relation thereto.

1.2 The Member hereby agrees, that the Company reserves the right and authority to reject any application for any reasons within thirty (30) days of receipt of the Members application without assigning any reasons whatsoever.

1.3 The Member further understands that the Member must be in good standing, and not in violation of any terms and conditions of this Agreement, provisions of the Company’s Rules and Regulations and Compensation Plan, in order to be eligible for commission from the Company.

1.4 The Member hereby irrevocable and unconditionally gives consent to and authorize Qurlivka Southeast Asia (M) Sdn Bhd (“the Company”) and its officers to obtain and/or disclose any credit information as defined in the Credit Reporting Agencies Act 2010 relating to the Member to verify any information about the Member from CTOS Data Systems Sdn Bhd, or any of the credit reporting agencies, in compliance with the applicable laws, rules and regulations related to data protection including the Personal Data Protection Act 2010.

2.Independent Contractor Status

2.1 The Member acknowledges that nothing herein contained shall be constructed to imply the existence of a partnership with the Company or to make the Member an agent or legal representative or employee of the Company.

2.2 The Member is a self-employed independent contractor status and is NOT authorized by the Company to act on behalf of the Company, its affiliates, shareholders, directors, office or employees and the Company shall not be liable or bound by any act or commission by the Member.

 

3.Term

3.1 This Agreement shall be effective on the date of the Member’s application being approved by the Company.

3.2 The Membership Program requires a purchase of a pre-rank package selected by the Company, with no additional renewal membership fee. The company will provide Members with the necessary support system and information on products and services, Company programs, Policies and Procedures, and related matters.

3.3 On condition that the Member makes yearly product purchases of MYR 300.00 at the minimum, the membership shall remain valid. Provided that the membership expires and the Member wishes to reinstate it, the Member is required to pay a fee of MYR 130.00.

3.4 Failure to renewal the Membership, the Member shall restrict access to Member Personal Web system, to selling the Company products or conduct any business activities and the Member shall not be entitled for any form of commission or bonus payment generated from the business in whatever manner.

3.5 In the event that the Member wishes to amend any information after submitting the application form, the Member is subjected to an additional charge.

3.6 The Member is required to conduct monthly personal sales maintenance to entitle the overriding commissions from all types of bonuses

3.7 ONE (1) NIRC (National Registration Identity Card) is subjected to a maximum of THREE (3) Personal Member Accounts

3.8 The Company reserved the rights to amend such terms and conditions from time to time.

 

 4. Termination

4.1 The Member may cancel this Agreement at any time with whatever reason by submitting a written notice with the Member’s principal business address to the Company.

4.2 The Company shall have the right to suspend the Member’s account at any time if the Company receives information or otherwise becomes aware of any possible breach(es) by the Member of the terms and conditions of this Agreement. The Member shall not be entitled to any commission, points or earnings during the period of suspension and while the Company shall carry out its investigations into the possible breaches. The Company shall be entitled to terminate the Agreement forthwith if the allegations are found to be true at the end of its investigations Provided Always that such termination shall be without prejudice to the Company’s rights and claims regarding the Member’s breach(es). If the Company finds that the allegations are untrue at the end of the investigations, the Member’s account shall be restored and the Member shall only be entitled to the commission earned during the period of suspension but not for any other loss and/or damage suffered during the period of suspension or as a result of the Company’s actions.

4.3 The Member may reapply the Membership after termination of Membership subject to the following regulations:

1. After 12 months from the date of termination.
2. The reinstated Member will need to submit a Member application form to company, and all previous down-lines will not be reinstated under the Member.
3. The reinstated Member will have the entry-level position.

4.4 The termination of the Member may directly affect any promotion of the Member’s up-line if entitled.

4.5 The Company reserves the right to take any action it deems appropriate against the Member in event of the Member’s abuse, breach or violation of any of the Terms & Conditions of this Agreement.

 

5. Representation to Customer

5.1 The Member shall honestly and truthfully present the quality, value, functions & effectiveness of the Company’s products and/or services and make no over claims about any products and/or services beyond those stated on the product labels and/or in official company literature to reflect the integrity of the Company.

5.2 The company shall not be bind by any statements, claims or representations made by the Member without the Company’s consent.

5.3 The Member shall be liable to indemnify the Company for any claims/ demand against the Company as a result of the Member’s misrepresentation.

5.4 The Member shall explain the company’s compensation plan in compliance manner. The Member shall not use any incentives scheme to attract the new comers, shall not attend any unauthorized meetings, and shall not participate in all kinds of risky activities.

 

6. Presenting the Company’s Compensation Plan

6.1 In presenting the Company’s Compensation Plan to prospects, the Member shall truthfully and honestly portray the earning potential of the Company’s Compensation Plan and will make no specific earning or representations of income guarantees. The Member further agrees that it shall not utilize any literature, materials or sales aids not produced or specifically authorized in writing by the Company.

6.2 The Member shall conduct the business in a manner which enables all other Members to build their business in a just and fair manner.

 

7. Other Obligations

7.1 Without prior consent from the company, the Members shall not speak on behalf of the company of which such action may result in negative impact on the image of the company.

7.2 The Member shall not conduct any sales or promotional activities unrelated to the Company at any venue held by the Company.

7.3 The Member shall not maliciously spread fabricated, malicious and negative information, or exert behaviour of personal attack and slandering others, alienate one person from another or behaviour that will damage the market.

7.4 If the Member wishes to organize any meeting for other Members and/or prospective Members shall first obtain the written permission of the Marketing Department. The Member shall seek the written permission of the Marketing Department at least fifteen (15) working days before the proposed date of the meeting. The Member shall not attend any meeting conducted by other Members which have not been approved by the Company.

7.5 The Member shall not draw other Member or try to seize others markets. Attracting others through flaunting of personal income and cross department consulting and advisory is strictly not permissible.

7.6 Should any irregularities and incidents arise that may draw the attention of the management, media or the general public, the leaders of all relevant party must render their full co-operation in helping the company in resolving such matters.

7.7 As to external incidents due to violating behaviors, apart from rendering full cooperation the relevant authorities, the company shall preserve its rights to seek responsibilities of the relevant party, of which shall subject to the extent of the impact of such offence.

7.8 The Member should not work in private agreements. Otherwise, all disputes arising will be considered as not related to the company.

7.9 Meetings held by teams:

1. All entities & teams are subject to the company’s meeting.
2. All teams must abide by the spirit and principle of solidarity and policy of mutual assistance.

7.10 The Members shall not do anything that will jeopardize the interest of the company. Should the member is found to have done anything that jeopardizes the interest of the company, the company has the rights to terminate or freeze this cooperation.

 

8. Collection of Product

8.1 The Member undertakes to collect all the products purchased within seven (7) days from the date of purchase.

 

9. Intellectual Property

9.1 The Member agrees that any published materials, brochures, catalogues or magazine bearing the company logo, trade name, or trademark are the properties of the Company. Any reproduction of the said properties without the Company’s prior consent is strictly prohibited.

9.2 The Member further agrees that all usage of the Company’s Intellectual Property shall subject to the Company’s approval and in accordance with the Company’s Rules and Regulations.

 

10. Commission

10.1 The Member agrees that the Company reserves the right to amend and vary the pay-out rate of the commission from time to time depending on the market condition, fluctuation and total pay out of commission by the company. For the avoidance of doubts, in the event that the commission pay-out exceeded the level for the company to operate healthily, the Company may exercise its rights to amend the pay-out rate of the commission at its sole discretion and the Members shall not have any recourse against the Company for the revised pay-out commission.

10.2 The Member agrees that the monthly commission shall be paid to in to the member’s bank account.

10.3 The Member agrees to contribute 1% of Growth Bonus commission payout to the Charity Fund organized by the Company.

10.4 The Member agrees to transfer 5% of monthly Growth Bonus commission to Purchase Wallet for future maintenance use.

 

11. Miscellaneous

11.1 Amendment of the Terms

The Member understands that this Agreement may be amended at the sole discretion of the Company, and the Member agrees to abide by all such amendments

11.2 Confidentially/Obligations

The Member shall not disclose any of the trade secret and information which is confidential and proprietary to the Company for any other purpose other than to develop the Member’s business in relation to the Company.

11.3 Governing Laws

The parties agrees that this agreement and all the documents executed or to be executed in connection herewith shall be governed by the laws of Malaysia and the parties further agree to submit to the non-exclusive jurisdiction of the Court of Malaysia.

11.4 Waiver

Any waiver by the Company of any breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the Member.

11.5 Invalidity

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining of this Agreement will remain in full force and effect.

 

12. Violation of Rules & Regulations

12.1 Prohibited Acts

A member shall NOT:

1. Incur any liability or debt in the name or on behalf of Company;
2. Make or modify or alter or discharge any contracts in the name of Company;
3. Negotiate, or mislead others that they have such right, enter into contracts and/or agreements for and on behalf of Company;
4. Sponsor or solicit or attempt to sponsor or solicit Company’s Member, employee, supplier, manufacturer, consultant and vendor or anyone into any trade, business or profession whether directly or indirectly in competition with or in conflict with Company’s interest and/or to alter or terminate their employment or business relationship with Company;
5. Solicit the participation of any Company’s Member, employee, supplier, consultant, manufacturer, and vendor to purchase or sell any Products other than Company’s or to present other opportunities or to solicit the participation in any other trade, business or profession, whether directly or indirectly in competition with or in conflict with Company’s interest. Notwithstanding the aforesaid, this provision does not apply to businesses/trades conducted by Company’s associated, related and affiliated companies within the Qurlivka Group;
6. Be engaged in or be interested, whether directly or indirectly or whether as director, shareholder, proxy, principal, agent, servant or license in promoting the interest or opportunity and sale of any Products or goods other than those of Company in any trade, business or profession whether directly or indirectly in competition with or in conflict with Company’s interest. Notwithstanding the aforesaid, this provision does not apply to businesses/trades conducted by Company’s associated, related and affiliated companies within the Qurlivka Group;
7. Influence existing Member, employee or agent of Company and/or those of its related, associated and affiliated companies to likely cause operational disruption, reputational damages and/or financial losses to Company and its related, associated and affiliated companies;
8. Be involved in any unauthorized media release or publication of Company corporate-related information (including giving personal interviews) to newspapers/magazines/others whether through any form of mass communication or social media platforms without Company’s prior written approval.
9. Conduct any sales or promotional activities unrelated to the Company at any venue held by the Company;
10. Disclose to third party any of the trade secret and information which is confidential and proprietary to the Company;
11. Post picture of company’s internal memo / internal pictures / training materials / company events.
12. Violate any terms stipulated in the Rules & Regulations, Code of Ethics, Company’s policies, procedures, directives, any applicable laws and regulations, including but not limited to those all rules and regulations relating to Multi-Level Marketing Supervision Act (“MLMSA”) and Personal Information Protection Act (“PIPA”).

 

13. Terms For Online / multimedia marketing

13.1 Member agrees:

1. Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethnically or otherwise objectionable language.
2. Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3. Not to collect or store personal data about other users.

13.2 The Member is allowed to post testimonial pictures of consumers before and after using the products.

13.3 The Member is allowed to post blog detailing own honest opinion about the product effect, career opportunities and experience with Company.