The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference.
Those, along with these Terms & Conditions, form the Agreement between:
Wikaniko Ltd (“Company”) and the Independent Distributor.
They shall be effective only upon acceptance by the Company, at its registered office:
Wikaniko Ltd, Aldeburgh Avenue, Newcastle Upon Tyne, NE15 8TA. United Kingdom
Independent Distributor AGREES:
1. Independent Distributor is of legal age in the county, state/province or country in which he/she resides.
2. Any Independent Distributor who sponsors another Independent Distributor or receives a Bonus or Commission on the product sales of another Independent Distributor must fulfil the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of a product or service to the ultimate consumer and in the training of those personally sponsored. Independent Distributor must have ongoing contact, communication and arrangement with his or her sales organisation. Examples may include, but not limited to: email, newsletters, correspondence, meetings, telephone contact, accompanying individuals to company training sessions and sharing genealogy information with those sponsored. Independent Distributor should be able to provide evidence to the Company of ongoing fulfillment of sponsor responsibilities.
3. Independent Distributor understands that he/she is not compensated for sponsoring other Independent Distributors but earns compensation solely on the sale of products and/or services to ultimate consumers.
4. Applicant is, upon acceptance, an “Independent Distributor”, hereinafter Independent Distributor, conducting business for her/his own account and not as an agent, employee, or franchisee for the Company. As such, Company Distributor Title must provide his/her National Insurance or Tax ID Number for tax reporting purposes on any monies earned within the country. All Independent Distributors should consult their tax consultant for information on monies earned and where received. The Independent Distributor further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Distributor shall be responsible for obtaining all licenses required by law in whatever County or Country in which they reside, and pay all applicable fees and taxes.
5. Independent Distributor agrees to accept the sole responsibility for all self-employment and all legal national and local income and VAT and any other taxes on income earned as an Independent Distributor.
6. Independent Distributor agrees that the Company is not be liable for local, city, county and country income taxes, sales taxes or other fees pertaining to sales and earnings of an Independent Distributor and Independent Distributor will hold the company harmless from all of same.
7. Independent Distributor SHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where Company is mentioned, or use the Company forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Independent Distributor shall not sponsor or attempt to sponsor another Company Independent Distributor into another Direct Sales and/or Network Marketing Company except for her/his personally sponsored Independent Distributors. In addition, no Independent Distributor shall participate in any action that causes an Independent Distributor to be sponsored through someone else into another company.
9. Independent Distributor will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
10. Independent Distributor will not make any claims of any kind pertaining to the benefits of the company’s products and services except those given in official company promotional media. When presenting the Company program to others, Independent Distributor shall present the program in its entirety, without omission, distortion or misrepresentation.
11. Independent Distributor shall not represent or imply, directly or indirectly, that the company has been approved or endorsed by any governmental agency. (National regulatory agencies do not approve or endorse any marketing company product or programs.)
12. Independent Distributor will indemnify and hold the company harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Independent Distributor statements or actions in violation of this agreement.
13. Should Independent Distributor be terminated for cause, Independent Distributor’s sales organisation may be transferred to his/her first active Upline Independent Distributor at Company’s sole discretion.
14. The Independent Distributor understands and agrees that at least 70% of all of Distributor’s wholesale purchases must be resold to customers that are not Independent Distributors of the Company and that he/she will not purchase products solely for qualification for a higher position, bonus or commissions.
15. The Independent Distributor must not, under any circumstances use another’s paypal account, credit or debit card in order to register as a distributor, pay the monthly fee or purchase products. This will be seen as a serious breach of the terms and conditions and will result in a refusal of any refunds, plus a suspension of that distributor’s position leading to termination. All product(s) in resalable condition apart from items that cannot be returned for hygiene reasons (makeup etc.) purchased within 30 days prior to termination may be returned at your shipping cost. Company will repurchase such products at 90% of the original price less any bonus or commissions paid. All current sales aids and Company Business Kit in resaleable condition purchased within 30 days prior to terminating may be returned (at your cost). Company will purchase back such materials at 90% of original price. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.
16. The terminated Independent Distributor will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Independent Distributor that re-enters the program may not sponsor any of her/his original Downline organisation.
17. Independent Distributor understands that the Company does not permit changing of sponsors, except in extreme circumstances and with the consent of all parties involved. Network Marketing is a business of creating relationships. Once an Independent Distributor is sponsored, the Company believes in protection of that relationship, and fairness at all times.
18. Independent Distributor hereby agrees to receive all communications issued by the Company, whether by conference call, email, SMS messaging or company newsletter. Should they not wish to receive such communications, Independent Distributor should either unsubscribe from said correspondence or message , or contact the company via email asking for their details to be removed from any such lists.
19. Independent Distributor without a National Insurance or tax ID number authorises Company to remit to proper agencies the sales/use tax generated as a result of Independent Distributor’s product sales.
20. Independent Distributor understands that the Company will provide Independent Distributor a replicated website as part of the business start up package. As you are purchasing a digital or virtual product, you will be giving up the right to cancel when you agree to these terms and conditions. This complies with the Distance Selling regulations which came into force in June 2014, and which we abide by. Only tick the box if you agree to this.
21. As an Independent Distributor, the Independent Distributor is aware of the contractual obligations that occur when she/he purchases products or services from Company. Independent Distributor understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Independent Distributor than when ordering as a customer. Independent Distributor therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the Company. Any order returns, refunds or exchanges shall be done through the Company and not through any credit card company.
22. In the event that any (monies) by any method is returned unpaid, I authorise Wikaniko Ltd to debit my account for the face amount plus up to a 10% failed payment processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought current I could forfeit certain rights and privileges, including commissions.
23. Independent Distributor understands that under national laws, they are not permitted to purchase more than £200 of products within their first 7 days of joining. Purchases shall be automatically modified to comply with the exemption requirements set forth in the national laws regulating business opportunities.
24. Company will pay Independent Distributor commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Independent Distributor and his/her sales organisation under the terms of the Compensation Plan. The bonuses or commissions will be paid once a minimum of £20 is achieved. Any payments under £20 will be carried forward until the required minimum is achieved.
25. Company will retain full authority to accept or reject any Application or any order for products. Such refusal is solely within the discretion of the Company. No right of action against the Company will arise because of any such acceptance or refusal.
26. The Company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to Independent Distributor at his or her last known address. Independent Distributor agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
27. The Company shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labour difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
28. The Company assumes no liability for personal injury arising from use or mishandling of any of the Company product(s).
29. The Company does not require Independent Distributor to sponsor and does not require any initial product purchase to be an Independent Distributor.
30. The Company reserves the right to terminate this agreement immediately upon receipt of sufficient information that an Independent Distributor has violated any term or condition of this agreement or has otherwise acted illegally, unethically or to the detriment of the company, no matter how minor that detriment is.
31. Company will honour refund policies provided by any governmental law applicable to Independent Distributor.
32. Company requires that all Independent Distributors obey the letter and the spirit of the law.
33. All recruits join as an Independent Distributor (ID).
You receive your own personal website for a one off setup fee of £24.95 which includes your first £4.95 monthly website fee via a monthly subscription on PayPal. The £24.95 setup fee is not refundable under any circumstances as it is used to set up your shop, site, training etc.
The Independent Distributor specifically agrees that they will not seek a refund of this setup fee once the registration process has been completed.
Your website contains all the information you need to start building your Wikaniko business including your own online shop. This enables you to begin to build a customer base and sponsor (introduce) new ID’s into your business all done from your own website. You will receive access to the distributor forum where you can get tips and advice from the people who are creating success in the business.
Getting Started Training is included and is available via the Internet. It may be supplemented by local training sessions via leader’s Home Meetings (where available).
Everyone who joins us under this scheme has access to all of the private training facilities at the Wikaniko Academy. As a result, it is import to note that if you register as a distributor and subsequently wish to cancel your monthly subscription you are perfectly entitled to do so. Indeed, our support staff will also advise you how to do this. However, if you fail to cancel your PayPal subscription under this scheme, and the £4.95 monthly fee is paid you are not, under any circumstances entitled to a refund of the error on your part. Irrespective of whether or not you used the site, the training, the member’s area and all of the other resources you were able to access them without restriction during that period. For that reason, the payment is required. Cancelling the PayPal subscription will cancel any accrued commissions.
34. To cancel your subscription (Reference Transaction) with Wikaniko, this can be done by logging into your PayPal account and clicking on the CANCEL button that can be found on the recurring payment.
35. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organisation or entity, and by becoming an Independent Distributor for Wikaniko will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organisation.
The full terms and conditions are available to registered distributors via the Wikaniko Member Handbook