Warning: KUAILIAN cannot offer its services in those countries where there is an express governmental prohibition regarding the use of cryptocurrencies, as well as in those countries where it is not allowed to perform any kind of operation related to the cryptocurrency market.
FIRST SECTION: INDEPENDENT AFFILIATE
1.1. INDEPENDENT AFFILIATE
An applicant becomes a KUAILIAN “Independent Affiliate” when, after completing the application and accepting the terms and conditions of the service and the policies contained in this document, has been received and accepted by the Company, through its online form.
The company reserves the right to reject any request, at its own discretion and without the need to explain the reasons that led to that decision.
Independent Affiliates will carry out the tasks of promotion and marketing of the company’s products and services to clients.
This way, the Independent Affiliate will acquire a new status within the company due to the work it will perform for it, which will no longer be that of a simple user who participates within the KUAILIAN system through Kuai transactions, but will participate more actively in the commercialization of the products that the company offers to Users and potential clients.
In the performance of these functions, Independent Affiliates must maintain high standards of honesty, integrity and business ethics, either in their relationships with the company as well as in their relationships with the company’s customers.
Independent affiliates must necessarily be of legal age. The minimum age required to carry out the functions inherent to Independent Affiliates is established by the company at 18 years of age.
1.3. INDEPENDENT AFFILIATE FEE
All Independent Affiliates must satisfy an initial fee determined by the company and which amounts to the equivalent amount of $ 50.95 in Ethereum cryptocurrency.
In compliance with the Company’s transparency policy, the information regarding the initial fee will be established in the present document, which can be viewed on the Company’s website.
The mentioned fee will be the same for all Affiliate applicants. Likewise, this fee will be applied to all users of the Company.
Notwithstanding the foregoing, the company reserves the possibility of requiring Independent Affiliates to purchase, in addition to paying the initial fee, any of Kuailian’s products.
1.4. STATUS OF INDEPENDENT AFFILIATES
The status of Independent Affiliate authorizes the sale of the company’s products and services and gives the right to participate in the Compensation Plan (KUAIPLAN) intended for Independent Affiliates.
Under no circumstances, will independent affiliates be considered franchises, joint ventures, partners, employees or agents of the company, having said that, it is prohibited that they declare or suggest, either orally or in written form, to the contrary.
1.5. OBLIGATIONS AND RIGHTS OF INDEPENDENT AFFILIATES
Independent Affiliates will carry out tasks of sales and recommendations of the Company’s products and services. In exchange, they will have the right to participate in Kuailian’s Compensation Plan (Kuaiplan) intended for Independent Affiliates.
Independent affiliates may also sponsor new independent affiliates.
Independent Affiliates are responsible for determining their own activities and working hours without direction or control by the company.
Independent Affiliates, in addition to establishing their own working hours, must determine the way they will conduct their business, that is, how they will attract new customers, the materials they will use, and everything else they need to fulfill their promotional functions of the company’s products.
Independent affiliates have no authority in the company and will join without any obligation.
Independent affiliates must ensure at all times that they are up to date with their fiscal and tax obligations, in accordance with the current legislation of the country in which they reside.
Independent affiliates are subject to the company’s Policies and Procedures and Terms and Conditions, and must observe them at all times, to avoid misuse of the Kuailian brand.
1.6. CORPORATIONS, SOCIETIES AND TRUSTS
Corporations, trusts, limited liability companies or other forms of business organization are allowed to become independent affiliates, as long as, the organization identifies its director by providing a PUBLIC document giving credit of that condition.
1.7. FICTITIOUS NAMES OR ASSUMED NAMES
All Individuals, legal entities or other types of entities will not be able to acquire the status of Independent Affiliate when they use fictitious names or that do not correspond to those that appear in public and official documents.
1.8. NON-EXCLUSIVENESS IN TERRITORIES
No franchise will be granted, nor will exclusive territories be granted for sales or sponsorship purposes.
Consequently, there are no geographic limitations on the sponsorship or sale of the company’s products or services, however, the company reserves to itself the following rights:
(i) To make decisions to not to sell any or some of the products or services in some territories,
(ii) To not allow the acquisition of the status of Independent Affiliates in those regions or territories where the company considers that for some reason there should be no independent affiliates.
1.9. DURATION PERIOD AND RENEWAL OF THE INDEPENDENT AFFILIATE STATUS
In accordance with the provisions established in the first section “1.1. Independent Affiliate” of the present document, the agreement will enter into force on the date of acceptance of the independent affiliate by the company.
The status of independent affiliate is indefinite, unless the affiliation was carried out with the purpose of providing a certain product/s and the provision of that product/s has ended.
The duration of membership may be interrupted for any of the reasons provided in this document, such as:
(a) Loss of the condition/status due to suspension or termination of the Affiliation,
(b) The resignation by the Independent Affiliate of the status,
(c) The deletion of the account by the Independent Affiliate,
(d) The cessation of the company in the provision of the products and / or services.
SECOND SECTION: SPONSORSHIP
Independent Affiliates are allowed to sponsor other independent affiliates in the company’s business.
Independent affiliates must ensure that each potential new Independent Affiliate has reviewed and has had access to the current policies and procedures, the company’s terms and conditions, as well as the Compensation Plan.
2.2. TRAINING REQUIREMENT
A sponsor must serve as a leader to Independent Affiliates under his organization.
To fulfill the above function, it is necessary you maintain a fluid and continuous relationship with those affiliates who are in lower ranks, as well as ensure at all times that all the doubts that they have raised have been resolved.
Likewise, the Independent Affiliate is required to perform supervisory functions over its lower ranks, to ensure that at all times those comply with the guidelines that he has provided.
Independent Affiliates must provide training to the lower ranks, as well as comply with the duty to continue learning about the products and services offered by the company in order to be able to deliver the best service to new users and those who are in their downline.
2.3. DECLARATION/STATEMENT OF INCOME
Independent affiliates must be transparent when offering information about the Compensation Plan, known as “KUAIPLAN”.
All explanation and information provided of the Compensation Plan (KUAIPLAN) must be presided by the maxims of clarity, veracity and transparency.
Independent Affiliates are allowed to make statements about past earnings, present earnings statements, as well as affirmations about potential earnings, the latter one at their own risk.
However, when making such statements, it will be necessary to ensure that the potential new user of the service understands that these incomes or indicators of success cannot in any way assure his future ones.
The income generated is not allowed to be used as an example within the marketing materials.
Independent affiliates are not permitted to guarantee commissions of any kind or earning prospects, to make public or private promotions, such as: giving away a free activation fee, applying discounts on the fee or any other economic compensation, nor to use the returns of Kuailian’s products to attract new clients verbally, in writing, or in any form of media.
The above does not apply in existing relations between the sponsor and his referrals. In this case, the Sponsor will be able to carry out promotions within his referrals in order to motivate them or reward them for the efforts they have been making in their promotion tasks.
In this sense, the following acts will not be allowed, without prejudice to adding others: (i) guarantee any additional benefit or additional discount to those offered by the Company (ii) eliminate the activation fee or try to reduce it (iii) concession of benefits or discounts on the costs of software licenses or contracts.
2.4. TRANSFERS OR CHANGES OF SPONSORSHIP
The company does not allow the transfer or change of the sponsors, unless the conditions established in this section are met.
The independent affiliate will only be allowed to change sponsor, when one of the following assumptions is met:
(i) When the independent affiliate has registered but has not paid his access fee: he/she will have to contact the Compliance Department and request the change. The Company will proceed to check you meet this assumption and will proceed to freeze your account. Once the account is frozen, the affiliate will be allowed to create a new account under a new Sponsor and will proceed to pay the activation fee and verify the account.
(ii) When the independent affiliate has registered verifying his account and has paid the activation fee but has not acquired referrals nor kuais: The account will be frozen automatically for a period of 30 days, making it possible to create a new account once the 30 days are over. To be able to shorten the term of inactivity of the account you will have to contact the Support Departement, which will check the assumption is met and will help freeze the account in a shorter term so that a new account is created.
(iii) When the account has been verified and the activation fee has been paid, and there has been an acquisition of kuais or referrals: written authorization will be required from the sponsor and the upline vice president. If both authorizations are obtained, a change of sponsor may be requested to the Compliance Department which will decide whether the request is authorized or not. In the event that your request is approved, your account will be inactivated for 45 days and the changes will be made. It is important to highlight the implications of this section (2.4 iii):
a) The previous contracts will not be transferred, as a result they will remain in the original account.
b) The affiliate will have the right to collect the benefits from the contracts made in the original account, but those contracts will not be transferred to the new account under the new sponsor.
c) The original account will be frozen for a period of 45 days,
d) During the period of 45 days it will not be allowed the creation of a new account,
e) Once the 45 days are over the system will allow the creation of the new account under a new sponsor and the new contracts will benefit the new sponsor.
2.5. CROSS SPONSORSHIP
Independent Affiliates are prohibited from sponsoring, or attempting to sponsor, any other independent affiliate who is already sponsored and is part of the company’s marketing network.
Furthermore, Independent Affiliates will not be allowed to participate in any action that causes another Independent Affiliate (who already has a sponsor) to become under the sponsorship of another person within the Company.
In the case of detecting the above circumstance, the account of that Independent Affiliate that has participated in the mentioned action will be automatically suspended for thirty (30) days, leading to the loss of all commissions and / or bonuses generated by the network.
The stated suspension will be preceded by an investigation, which may eventually result in the termination of the status of Independent Affiliate, all without prejudice to the personal investment that the Affiliate has in the company’s products as a User.
Kuailian will in no way tolerate bad practices among Affiliates when recruiting other Affiliates, as well as cross-sponsorship.
THIRD SECTION: TRANSFERABILITY
3.1. TRANSFERABILITY conditions
Independent Affiliates are not allowed to sell, give in, merge or transfer their Independent Affiliate accounts (or rights over them), without the prior written authorization of the company and the fulfillment of the following conditions:
a. The company has the right of first refusal and the right of repurchase regarding any sale, cession, transfer, merger or operation of any kind that the Independent Affiliate intends to carry out. The Independent Affiliate who wishes to carry out such operations with respect to his Independent Affiliate account must inform the company in order to allow it to exercise the rights of first refusal and repurchase. The Affiliate will have to indicate in writing to the Company its decision to carry out the operation, as well as provide the terms and conditions for which it is intended to offer or for which there is already a pending offer. The company will inform the Independent Affiliate within ten (10) business days after receiving the mentioned notification, of its decision to accept or reject the offer.
b. When the sale of the Independent Affiliate account occurs with a person different from the Company, a copy of all the documents detailing the transfer must be provided to the company, including, without limitation, the name of the buyer, the purchase price and the conditions of purchase and payment.
c. The sale, transfer or cession must be approved in writing by the company. Once approval is obtained and the sale is completed, the Independent Affiliate will take over the position in accordance to the terms of the agreement and must execute the Agreement reached and provide all the documents that the Company requires to carry out the changes;
d. The Company reserves the right, at its discretion, to stipulate terms and conditions prior to the approval of any operation, as well as to make additional proposals.
3.2. ELUSION OF POLICIES
If, in the judgment of the Company, it is determined that the Independent Affiliate account was transferred in an effort to evade/avoid compliance with these Policies and Procedures, Terms and Conditions, the Company’s Compensation Plan, or any other document signed with the company, it shall be declared with immediate effect that such transfer is null and void, and therefore does not produce any effect.
The Independent Affiliate that has carried out the operation will have to return everything to its previous state, and that transfer will be deemed as not carried out.
The elusion of policies may also lead to the application of the sections provided in this agreement regarding the suspension and termination of the status of independent affiliate.
Notwithstanding the foregoing, in the event that the death of the Independent Affiliate occurs, the account held by the deceased will be passed on to his successors, in accordance with the provisions of the laws that regulate the succession of the deceased.
The company will not make any transfers until the successor has provided a copy of the death certificate, declaration of last will or testament, deed of partition of the inheritance, or those documents in which it appears who the successor ab intestate is. In addition to the above, the company may require any other documents it deems necessary for the identification of the heir.
Once the status of successor is accredited, all rights will be transferred and the heir will be subject to all the inherent obligations that correspond to the status of an Independent Affiliate.
FOURTH SECTION: RESIGNATION, SUSPENSION AND TERMINATION
4.1. VOLUNTARY WAIVER
All independent affiliates may voluntarily interrupt their affiliate status, in the following ways:
a) Not renewing the products contracted with the company,
b) By sending, with a minimum notice of thirty (30) days, a communication of resignation.
The voluntary resignation will be understood effective from the date of non-renewal of the product or from the date of receipt by the company of the communication of resignation.
The resignation communicated in writing to the company (foreseen in 4.1.b) does not imply the termination of the products contracted with the Company. The Affiliate will continue to be a user of the Company’s services, but will not be promoting those products/services in order to attract new customers.
The Independent Affiliate who has renounced to his condition, may reapply for it once three (3) months have elapsed from the date on which he resigned.
An Independent Affiliate may be suspended from his status, when the terms of the policies and procedures of the affiliates, the terms and conditions of the service, the compensation plan or any other documents that have been delivered by the company and accepted by the Affiliate, are understood to have been violated.
The moment in which the decision has been made to suspend an Independent Affiliate from his duties, the company will proceed to inform that affected affiliate via email, notifying him as well the date on which his suspension will be considered effective, the reason for the suspension and the measures that must be taken to lift the suspension, if these are possible.
The suspension notice will be sent to the email of the Independent Affiliate, in accordance with the provisions of the Policies and Procedures and Terms and Conditions.
The Independent Affiliate will have the right to file an appeal against the Company’s decision via email, as long as the appeal is made within a period of fifteen (15) days from the date of notification of the suspension.
Once the appeal has been received or it is understood that the independent affiliate desists from exercising his right due to inaction, the Company will proceed to review the suspension and will issue a response within thirty (30) days from the date the notification of suspension occurred.
Within 30 days, as soon as a decision has been reached, the Independent Affiliate will be notified via email.
The decision of the company will be final, however, there will be the possibility of a new review later on.
During the suspension period, the Company may adopt measures such as the following, but not limited only to these:
a. To prohibit the status of Independent Affiliate and the use of the Company’s marketing materials.
b. Withhold those commissions and bonuses that are due to expire for the Independent Affiliate during the suspension period, except for those products that are personally contracted as a simple user.
c. Prohibit the Independent Affiliate from purchasing other Company services and products.
d. Prohibit the Independent Affiliate from sponsoring new Independent Affiliates, contacting current Independent Affiliates, or attending meetings of other Independent Affiliates which are linked to the Company.
The company may rise the suspension at any time or end the status of the Independent Affiliate, if it deems it so.
If the company determines that the violation that caused the suspension continues without being resolved or that a new violation has occurred that affects an Affiliate suspended from his condition, measures such as the termination of the status of independent affiliate can be adopted (provision 4.3. regarding Termination).
The status of Independent Affiliate will be put to an end when the terms of the Agreement have been violated. The Agreement consists of these Policies and Procedures, the terms and conditions of the service, the Compensation Plan and any other documents that have been issued by the company and accepted by the Affiliate.
The company will notify the termination to the Independent Affiliate affected by it, through the use of email. In that communication, the affiliate will be informed of the reasons for the termination, as well as the date from which the termination will take effect.
In the event that the independent affiliate wishes to file an appeal against the decision to terminate his status, it will be necessary to do it via email within fifteen (15) days from the date of notification of termination.
If the appeal is not received within the established term, it will be understood that the Affiliate has desisted of his appeal or that it is out of time, consequently the decision will be understood as final. With this, the termination of the affiliation will occur automatically.
If, on the contrary, the appeal is presented in time and form, the company will proceed to the review and will notify the Affiliate of the final decision within ten (10) days after receipt of the appeal. The decision will be final, but there will be mechanisms to carry out subsequent reviews.
The final decision will not admit extensions or new appeals.
4.3.2. EFFECTS OF THE TERMINATION
Once the final decision has been made regarding the termination of the Affiliate status, the affected party will lose all the rights inherent to the status of Independent Affiliate in the Compensation Plan, as well as will lose all future commissions and earnings resulting from them.
On the other hand, once the condition of Affiliate is lost, the affected party will have to proceed with the adoption and execution of the following measures:
a. Will have to permanently withdraw and suspend the use of the registered trademarks, service marks, trade or commercial names and signs, labels, stationery or advertising that refers to the use or the product, plan or program of the Company.
b. Shall remove all referrals, as well as stop presenting himself as an Independent Affiliate of the Company.
c. Will have to comply with all the measures required by the Company in relation to the protection of the confidential information of the company, to which the Affiliate has had access due to his status. This may include the return of the material provided or obtained from the company or the destruction of it with the sending of proof the measures have been taken.
4.4. NEW APPLICATION OF MEMBERSHIP
The new application to be part of the Company’s Independent Affiliate program, by an affiliate against whom the termination measure was adopted, will be subject to the new acceptance by the company.
Such request may be denied, without the need to offer any explanation from the company.
The company may impose stricter conditions on the independent affiliate with whom the relationship was terminated for non-compliance, if deemed necessary.
FIFTH SECTION: PROPERTY OF INFORMATION
5.1. CONFIDENTIALITY AGREEMENT
During the period in force of the Agreement, the company will be able to provide independent affiliates with company information.
The following information will be considered confidential:
Information about the Company’s products and services, regardless of the format in which it has been delivered (including, but not limited to: manuals, designs, specifications, listings, and any other documentation).
Information on the Know-How of the Company.
Technical and financial information of the Company.
All that information given either physically or orally, by electronic means, telematic means or any other existing means.
All this information (whether in writing or in any electronic format) is considered the property of the company and must be kept with the strictest confidentiality.
Independent affiliates must keep such confidential information secret, as if it were their own information. Under no circumstances, is the disclosure of such information to third parties permitted.
The information may be disclosed only when the express consent in written form has been obtained of the company.
The use of the provided information will be allowed to be used to comply with the obligations established in these Policies and Procedures. Any information provided by the company and shared with the lower ranks will also be bound by confidentiality, but the Affiliate will have to supervise that there is no breach of the affiliates and other subjects that are in his downline.
The use of the mentioned information for the development of any activity, business or non-business related, direct or indirect with the purpose of the company, for own use or for the benefit of others, is strictly prohibited.
Upon expiration, non-renewal or termination of the Agreement, Independent Affiliates must keep all information that has been provided to them and that is confidential, under secret. Likewise, Affiliates are obliged to immediately return any confidential information in their possession and belonging to the company.
The affiliate who notices that breaches of the duty of confidentiality are being carried out by other Affiliates or subjects related to the company, must inform the Company immediately.
Every independent affiliate has the obligation to comply with the duties of confidentiality stipulated in this agreement or in other agreements or annexes that the company provides them with and which they have given consent. These duties must be maintained once the relationship ends.
5.2. COPYRIGHT RESTRICTIONS
Regarding purchases of company products, Independent affiliates must comply with all manufacturers’ usage restrictions and copyright protections.
5.3. SUPPLIER AND MANUFACTURER CONFIDENTIALITY
The company’s business and commercial relationships with its suppliers and manufacturers are confidential.
Independent Affiliates must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of the company, unless they have obtained the explicit consent of the company.
SIXTH SECTION: BRANDS, LITERATURE & ADVERTISING
Trademarks, service marks and copyrighted materials are the property of the Company.
The company’s trademark and materials must be used in strict compliance with what is established in these Policies and Procedures, and with any rules or warnings that are published on the website.
6.2. ADVERTISING AND PROMOTIONAL MATERIALS
Independent Affiliates will only be allowed to advertise or promote the business, or to sell the products and services of the company, using the following materials:
(i) Materials of promotion and advertising made and provided by the company,
(ii) Those materials that have been created by the Affiliate, but which have obtained the prior written approval of the Company.
Therefore, the elaboration and diffusion of advertising or merchandising material is expressly prohibited, without the supervision and approval of the company.
Company literature and materials cannot be duplicated or reproduced without the prior written consent of the company.
Likewise, the commercialization of advertising material, merchandising or literature related to the Kuailian brand by any independent affiliate is expressly prohibited.
6.3. USE OF THE COMPANY NAME
Independent affiliates can use the company name when promoting the company and selling its services and products, but when doing so they must necessarily use the following formula:
“Kuailian Independent Affiliate”
In all communications made by Independent Affiliates, they must identify themselves with the above formula, to avoid that new or potential clients are led to error or confusion about who is communicating - whether the official company or an independent affiliate - with them.
Independent Affiliates may create their own business cards, stationery or graphic letterheads, as long as they comply with the provisions of this section.
However, you will not be allowed to “create” such items and cards, in which the company’s trade name or trademarks are used.
For the correct use of this advertising method, there are two options:
a) The Independent Affiliate may use the templates and designs that the Company creates.
b) The Independent Affiliate may create his own designs and personalize the visiting cards, but making a correct use of the graphics and logo that the Company provides. In those visiting cards, it is necessary to make the reference to the status of “Independent Affiliate”. Once the cards have been created, they must be sent to the Company for approval.
SEVENTH SECTION: ADVERTISING ON ELECTRONIC MEANS, SOCIAL MEDIA, BROADCAST MEDIA AND SPAM POLICY
7.1. MARKETING AND PUBLICITY
Independent Affiliates cannot advertise or promote their business, products or marketing plans by using their independent affiliate status.
The use of the Company’s name will not be allowed either, in electronic, telematic or any other means through which the transmission of information is possible.
The use of the company name will be allowed in those cases in which the written authorization of the company’s legal department has been previously obtained (email@example.com).
7.2. SOCIAL MEDIA
The use of the KUAILIAN brand name in social network profiles, blogs and other portals will not be allowed, without the consent of the company, when the identification of “Independent Affiliate” is not used.
In this regard, it is important that the Affiliate is well identified in all his relationships with potential clients, not creating any type of confusion with the Official Company.
The impersonation of the brand is strictly prohibited through the use of websites, blogs, official profiles of Kuailian on social networks, as well as other types of platforms or applications not authorized by the company.
To avoid identity theft, the use of the following terms in the creation of the denomination is prohibited:
- Kuailian dp
- Kuailian project
- kuailian club
- kuailian decentraliced protocol
- kuailian media
- Kuailian Official
- Kuailian Official website
Campaigns using SEO, ADWORDS, GOOGLE ADS, paid advertising, blogs and applications and platforms not authorized by the company that induce the impersonation of the brand, website or other official means of communication that uses the Brand, is not allowed.
In order to avoid an impersonation of the brand when using Google Ads or other campaigns, it is necessary that the referral link is not promoted without any type of content which allows to identify the person with whom the potential client is registering. There has to be a webpage, blog, or some kind of content which allows the client to know that he is registering through an affiliate and who that affiliate is.
The use by Independent Affiliates of titles in videos, blogs, articles, posts on social networks that associate KUAILIAN with a scam, hoax or other forms of advertising in which allusion is made to the non-legitimacy of the project is also not allowed.
The company reserves the right to add further prohibitions and other assumptions to this section, depending on the complaints received by the Company or the violations that are observed by the Company in the use of advertising.
7.3. PHONE LISTINGS
Independent affiliates are not authorized to use the trade name of the company when advertising their telephone and / or fax numbers, as well as registering on sections of the white or yellow pages of the phone book.
It is also forbidden that the contact numbers of the Independent Affiliates appear in telephone lists under the company’s trade name. They will only be allowed to appear when the written authorization of the company has been obtained.
In the event that an “800” list is accepted, it must be indicated as follows: “Kuailian Independent Affiliate”.
7.3.1. TELEPHONE, ANSWERING MACHINE AND VOICEMAIL
Independent Affiliates cannot answer the phone by saying “KUAILIAN”, or in any other way that could lead the caller to believe that the Independent Affiliate is contacting them from company’s offices.
Independent affiliates are prohibited from giving interviews in radio, television, sensationalist press or other media, newspapers and magazines.
This prohibition also extends to making public appearances, public talks, or making any type of statement to the public media to advertise the company, its products or company / businesses.
To carry out interviews or declarations in the media listed, the prior written consent of the company will be necessary.
In the event that the consent of the company for the use of one of the above means has been obtained, it will be required that, prior to the interview or appearance, a copy of the written questions must be obtained for submission and approval by the company’s Compliance Department (firstname.lastname@example.org).
Independent Affiliates cannot record, reproduce or save, either for sale or for personal use, information on products sold by the company or any of the literature or information produced and / or provided by the Company.
The recording, reproduction or storage of presentations, events, speeches, conference calls and files that contain data or figures will not be allowed either.
Audio recording of meetings and conferences and registration of information is strictly prohibited.
The foregoing extends to any audio, video material, as well as all those means which reproduce words, sounds and images that can be used to capture the information.
Violation of this article will lead to the activation of the company’s mechanisms provided for the termination of the Independent Affiliate status.
The reselling to other independent affiliates of Kuailian’s products or services outside the framework established for this, is not allowed. It is also not allowed to resell the product at a price higher than that established by the Company.
Independent Affiliates, as independent contributors, are encouraged to distribute information and provide guidelines to their respective downlines.
Likewise, Independent Affiliates must maintain a fluid relationship with the Company and attend to all communications that it sends or publishes.
7.8. PROMOTION OF ITEMS
All promotional items bearing the company name or logo must be purchased exclusively from the company, unless prior written authorization from the company is obtained, allowing them to purchase them in other ways.
7.9. USE OF MATERIAL
All the materials included in the academy KADEMY, websites and any other type of content are protected by copyright, registered trademarks and other laws, which are the property of KUAILIAN and any of its subsidiary bodies, unless otherwise indicated.
Unauthorized use of the logo, trademark, or any material protected by the company violates the copyright, trademark rights, and other laws.
As an “Independent Affiliate”, you can download and print for your exclusive use all those approved materials by the company. Notwithstanding the foregoing, the copies that you make of the material must include any copyright, trademark or other proprietary notices located on the websites, presentations, KADEMY, and social media or that are related to the material being copied.
7.10. SPAM POLICY
KUAILIAN invites you and allows the use of its services, as long as the Policies and Procedures are respected.
In particular, illustratively, we present you some examples of spamming that could constitute a violation of the KUAILIAN Terms and Conditions and its Spam Policy:
(i) Manipulation of company identifiers, such as email headers, to mask the origin of any content transmitted through KUAILIAN computer systems.
(ii) The retransmission of emails from the mail servers of a third party without the express authorization of KUAILIAN.
(iii) The use or creation of computer material to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional material, URLs, “junk mail”, “chain mail”, or any other form of unauthorized invitation.
(iv) The use of “robots”.
(v) The collection of email addresses from the Kuailian site for the purpose of sending unsolicited or unauthorized material.
(vi) Upload, post, email, or transmit the same message, URL, or send those multiple times.
(vii) Disrupt the normal flow of dialogue by using the “scroll” screen to make it go faster than other users of the service are able to write.
(viii) Carry out actions that negatively affect the ability of other users to engage in exchanges in real time.
Certain KUAILIAN services may have additional spam guidelines that explain the appropriate conduct that must preside in the use of those services. Those additional policies are incorporated by reference into KUAILIAN and its Universal Spam Policy.
Violations of the Terms and Conditions or the so-called Universal Policy may result in legal action against you and in the termination, without prior notice, of your status as an Independent Affiliate and / or everything related to it, including, but not limited to, email accounts, clubs, messages, home pages, and profiles.
EIGHTH SECTION: PAYMENT OF COMMISSIONS
8.1. BASIS OF THE COMMISSIONS
The payment of commissions and other compensations will not be satisfied as long as the Complete Agreement containing everything related to those commissions and compensations has not been received and accepted by the Company.
The commissions to be paid by the company will only be those related to the sale of company services and products.
No commission will be paid for the purchase of sales materials or sponsorship of other Independent Affiliates.
In order to receive the commissions on the products and services sold, the company must have received and accepted the Agreement mentioned above, before the end of the commission period in which the sale is made.
8.2. PAYMENT OPTIONS
All the products and services of the company can be purchased through cryptocurrency, either in Ethereum or in whatever cryptocurrency the company deems appropriate.
NINTH SECTION: LIABILITY
Unless the law expressly provides otherwise, the Company will not be held responsible, and consequently waives all claims for any loss of profits, indirect, direct, special or consequential or any other loss incurred or suffered by the Independent Affiliate, which is result of:
(a) The breach by the Independent Affiliate of the Agreement and / or the Terms and Conditions and / or the Policies and Procedures;
(b) The business operations carried out by the Independent Affiliate on his own;
(c) Any incorrect or erroneous data or information provided by the Independent Affiliate;
(d) The lack of provision of information or data necessary by the Affiliate, for the company to operate its business. This includes, without limitation, the registration and acceptance of the Independent Affiliate in the Compensation Plan or the payment of commissions and bonuses.
9.2. FORCE MAJEURE
The Company will not be liable for delays or performance failures caused by circumstances beyond the parties’ control, such as, but not limited to: fires, floods, earthquakes, storms, power outages, labor difficulties, strikes , war, government decrees or orders and / or cessation of the habitual source of a part of the offer.
9.3. VIOLATION OF TERMS
All Independent Affiliates must fully abide and comply with the Company’s Policies and Procedures and Terms and Conditions.
If an Independent Affiliate notices the commission of a violation or infringement by another Independent Affiliate, he may inform the offender so that he can take the necessary measures to return to legality.
If the Independent Affiliate wishes to report the violation or infraction to the company, he or she must contact the Company via email (email@example.com), detailing in the writing the violations observed, as well as providing the means or the information available to it so that the Company can adopt measures against the offending Affiliate.
The company reserves the right to modify these policies and procedures, the terms and conditions, as well as other elements (such as: retail prices; the availability of products and services and the type of compensation plan), at any time giving notice of the changes, according to the needs of the Company.
All affiliates will have the right to agree or not to the modifications of the policies and procedures. If the affiliate does not agree to them, he/she may resign to the status of Affiliate by communicating it to the Compliance Department and will remain as a User maintaining all his software licenses and collecting the benefits from them.
By signing the Policies and Procedures Agreement, the Affiliates agree to comply with all policies. As mentioned above, amendments or modifications made by the company will be notified and if not opposed to them contacting the Compliance Department, shall be understood accepted.
Any modification made to this document will be communicated to the Independent Affiliate through one of the following channels:
- Publication on the company’s website,
- Publication in the back office of the Independent Affiliate,
- Sending e-mail or mail with delivery notice,
- Special publications or pop-ups on the Company’s website.
From the moment the modifications are announced through one of the previous channels and have been understood accepted by the Affiliate, by not writing to oppose to them, they shall be effective and binding.
The complete Agreement, which includes the present Policies and Procedures, will be governed by the laws of Estonia.
In all matters not provided for in these policies and procedures, the relations between the parties shall be governed by the provisions of Estonian law, in force at that time.
9.6. DISPUTE RESOLUTION
In the event that a dispute arises between the Company and an independent affiliate regarding their respective rights, obligations, or any other conflict that arises from a breach of this agreement, the parties agree to submit the dispute to arbitration.
The controversy will be resolved by an arbitrator who will be appointed by mutual agreement, and which will take place in Estonia.
In the event that the parties cannot reach an agreement on the arbitrator who must resolve the dispute, the arbitration shall then be composed by three arbitrators. Each party will decide an arbitrator and the last one will be decided by common agreement.
The resolution that is issued will be based on the rules applicable to this type of matter and will be final and binding on the parties.
The arbitrator may grant, in addition to a declaratory resolution, compensation for damages caused, with the limit established in the terms and conditions of the service. The arbitrator will not have the authority to award consequential, punitive or exemplary damages.
All of the above applies without prejudice to attorney’s fees and other costs that the parties have incurred, which must be paid by the party that has been defeated. Such fees must be reasonable.
The arbitration award may be executed in any court with competent jurisdiction.
The language of the contract to be taken into consideration regarding claims is always English.
Any dispute arising over the translation into other languages and / or the literality of the contract will be resolved based on the original language of the contract, and not the respective translations that have been made into other languages.
These Policies and Procedures together with the Terms and Conditions and the Compensation Plan, constitute the Full Agreement of the parties and the relationship and link between them.
The Company reserves the right to incorporate other documents into the Agreement, such as Confidentiality Agreements, Data Protection and Treatment Agreements, and any others that are considered essential or that are required by current laws.
All those documents that the Company incorporates into the existing ones must be accepted by the Affiliates and it will be necessary to comply with the duties of observance with respect to them. Failure to comply with them, may lead to the activation of the mechanisms provided both in this document and in the terms and conditions of the service.
Any communication, notification or request will be considered made on the date the confirmation of sent is received. The communication via mail will be understood as done when the delivery confirmation has been received. Regarding other mechanisms, they will be understood to have been carried out on the date indicated in the return receipt requested or on the date of its publication.