Terms and Conditions


The rules and procedures embodied in this page are being implemented to regulate sales and marketing operations as well as prevent improper, illegal or abusive acts within the company. These policies shall govern the relationship between the Dealer and Ultimate Load Trading and such other matters related to these policies. Every Dealer is expected to be knowledgeable of the following rules and abide by the same to ensure his or her success as well as that of the company. These policies may change anytime without prior notice.


DEFINITION OF TERMS

In all contractual agreements you sign with Ultimate Load Trading in published literature, the following words and phrases shall have the following meanings unless the context otherwise requires:

The information that we may collect includes:


TERMS AND CONDITIONS

The following Terms and Conditions control your membership in Ultimate Load Trading (hereinafter referred to as "ULT"). You agree that you have read and understood this Agreement and that your membership in ULT shall be subject to the following Terms and Conditions between you ("ASSOCIATE DEALER/SUB-DEALER") and ULT. These Terms and Conditions may be modified at any time without prior notice by ULT. Please review them from time to time at www.uloadtrade.com (hereinafter referred to as “ULT WEBSITE”) since your ongoing use is subject to the terms and conditions as modified.


  1. This Agreement shall be effective upon acceptance by ULT through ASSOCIATE DEALER's/SUB-DEALER's registration online or via Short Messaging Service (SMS). ULT reserves the right, in its sole discretion, to decline or accept any Membership Registration.
  2. This Agreement shall have a term beginning from the date of ASSOCIATE DEALER's/SUB-DEALER's registration and shall end upon termination by either party in accordance with this Agreement.
  3. ASSOCIATE DEALER/SUB-DEALER will operate his/her own business, will buy ULT products for cash or other form of payment acceptable to ULT, register and secure the license required from the Securities and Exchange Commission (SEC) and/or Department of Trade and Industry (DTI), accredit with required government agencies, develop, market and promote his/her sale, and comply with all the rules, regulations, recommendations and procedures set by ULT, including those set forth in the ULT Membership Policies and Procedure Manual, and all the amendments that may hereinafter be introduced. ASSOCIATE DEALER/SUB-DEALER also agrees to strictly adhere and abide to the marketing scheme and procedures of ULT in promoting, marketing and selling the products and not to modify and make any misrepresentation about the products.
  4. ULT's Referral Compensation Plan, Policies and Procedure, and other ULT publications are incorporated herein by reference and form an integral part hereof. ASSOCIATE DEALER/SUB-DEALER has read and understood the foregoing and has accepted the terms and provisions contained therein. ASSOCIATE DEALER/SUB-DEALER also acknowledges that any violation of the terms and provisions mentioned in the aforementioned may result in penalties such as forfeiture of rebates or the termination of Membership.
  5. Independent Contractor Status. ASSOCIATE DEALER/SUB-DEALER is an independent contractor, and is not an employee, legal representative, agent or franchisee, joint venture, partner, or owner of ULT or of any other ULT ASSOCIATE DEALER/SUB-DEALER. ASSOCIATE DEALER/SUB-DEALER is solely responsible for compliance with any and all laws, rules or regulations related to one's business in any jurisdiction exercising authority over said business, including but not limited to the duty to license one's business, collect and pay sales tax on the retail sales and to comply with all other rules and regulations. ASSOCIATE DEALER/SUB-DEALER will obey any and all national, municipal or local laws, statutes and regulations applicable to the said business.
  6. Compensation. ASSOCIATE DEALER/SUB-DEALER understands that any compensation he/she receives from ULT is related primarily to the selling of ULT products, services, and referral and/or solicitation of offers to become ASSOCIATE DEALER/SUB-DEALER to non-participants and/or prospective participants, and that there is no compensation for sponsoring. Compensation shall be determined in accordance with the Referral Compensation Plan. ASSOCIATE DEALER/SUB-DEALER further understands that he/she is not guaranteed any income, profits or success and certifies that no such representations have been made to him/her either by ULT or by any ASSOCIATE DEALER/SUB-DEALER.
  7. Non-Solicitation. ASSOCIATE DEALER/SUB-DEALER shall not, directly or indirectly, on his behalf or on behalf of any other person or entity, solicit, induce, or hire or attempt to solicit, induce or hire any ASSOCIATE DEALER/SUB-DEALER, employee, customer, supplier or vendor of ULT (i) to enter into any business relationship with any individual or company which sells products or services which compete with the products and/or services of ULT, or (ii) to terminate or alter his or her business or employment relationship with ULT.
  8. Literature and Advertisement. ASSOCIATE DEALER/SUB-DEALER agrees to solely use literature, marketing materials and sales aids duly approved and provided by ULT. In the event that ASSOCIATE DEALER/SUB-DEALER uses any materials and literature not produced by ULT or otherwise approved for use by ULT, ASSOCIATE DEALER/SUB-DEALER accepts full responsibility for the information contained therein. ASSOCIATE DEALER/SUB-DEALER further agrees that use of sales and recruiting aids not conforming to the above requirements, to the ULT Membership Policies and Procedure Manual, and to all applicable national, municipal and local laws may result in the immediate termination of this Agreement and/or other appropriate disciplinary action. Product or referral activity related advertisements are allowed only when approved by ULT upon request by any ASSOCIATE DEALER/SUB-DEALER. No advertisements may imply that a job or position is being offered or available, promise any specific earning representations or income guarantees, expressly or by implication, mislead or distort the Referral Compensation Plan in any way, or make any product claims.
  9. Training. In the event the ASSOCIATE DEALER/SUB-DEALER refers prospective member, the former agrees to perform a bona fide supervisory function over the latter in connection with the sale of ULT's goods and services to the ultimate consumer.
  10. Proprietary Rights/Use of Company Materials. ASSOCIATE DEALER/SUB-DEALER agrees not to use proprietary trade names, trademarks or other property of ULT without the prior written consent of ULT. ULT and its affiliated entities have proprietary rights to its network and lists of ASSOCIATE DEALERs/SUB-DEALERs. ASSOCIATE DEALER/SUB-DEALER will not use any ULT networks, member lists, or other ULT contacts to promote the sale or use of any products or services, other than those offered by ULT.
  11. Pricing. ULT shall set the mandatory retail and wholesale selling price for ULT products. ASSOCIATE DEALER/SUB-DEALER shall sell the products and services of ULT, at prices specified by ULT, from time to time. Any violation of this provision shall be a ground for suspension or termination of this Agreement.
  12. Termination. ASSOCIATE DEALER/SUB-DEALER agrees that ULT may terminate this Agreement at any time by giving prior notice to the ASSOCIATE DEALER/SUB-DEALER, written or otherwise, and may terminate this Agreement forthwith at any time if the ASSOCIATE DEALER/SUB-DEALER is in breach of any of the provisions of this Agreement. ASSOCIATE DEALER/SUB-DEALER may terminate this Agreement at any time for any reason by serving written notice of termination to ULT. Termination will become effective on the date of receipt of such notice. In the event of termination, ASSOCIATE DEALER/SUB-DEALER agrees to cease any and all activity in conjunction with ULT and acknowledges that all rights to the Membership, compensation, incentives and the rights to purchase products and/or services from the ULT shall likewise terminate. Upon termination of this Agreement, the ASSOCIATE /SUB-DEALER shall without need of demand immediately return to ULT, all unsold membership kits, if there’s any, ULT literatures, materials and documents, records, listing of all products sold and the like, and all other required reports.
  13. Confidentiality and Non-Competition. As an inducement for ULT to enter into this Agreement and in consideration of the mutual covenants contained herein, ASSOCIATE DEALER/SUB-DEALER agrees that during the term of this Agreement, ASSOCIATE DEALER/SUB-DEALER will hold in confidence all trade secrets, formulas, sales and distribution systems, business information and literature which ASSOCIATE DEALER/SUB-DEALER acquired during the term of this Agreement and will not use them directly or indirectly. ASSOCIATE DEALER/SUB-DEALER also agrees not to enter into any business relationship with any individual or company that sells products or services competing with the products and/or services of ULT.
  14. Operation. ASSOCIATE DEALER/SUB-DEALER will operate his/her business at all times in such a manner as to enhance the reputation of ULT and its trade name.
  15. Assignability. ASSOCIATE DEALER/SUB-DEALER understands and agrees that this Agreement may not be transferred or assigned without the prior written approval of ULT, in its sole discretion, and only in accordance with the rules and regulations set by ULT.
  16. Compliance. ASSOCIATE DEALER/SUB-DEALER shall abide by all applicable national, municipal and local laws or regulations, terms of this Agreement, subsequent amendments, the terms and provisions of the ULT Referral Compensation Plan, the ULT Membership Policies and Procedures Manual, which are incorporated herein by reference and which form an integral part hereof.
  17. Amendment. ASSOCIATE DEALER/SUB-DEALER understands that ULT may amend the terms and conditions of this Agreement at any time upon thirty (30) days via short messaging system (SMS) sent to the ASSOCIATE DEALER's/SUB-DEALER's mobile number, e-mail, websites, or in the newsletter or other official publication, bulletin boards, and public announcements produced by ULT. Any such modifications become effective thirty (30) days after notification and are automatically incorporated into this Agreement as binding and enforceable provisions. ASSOCIATE DEALER/SUB-DEALER acknowledges and accepts the modified Agreement by continuing to perform functions related to and in accordance with the provisions of this Agreement, and by continuing to avail or purchase ULT's product or services after such changes or modifications has become effective.
  18. Indemnification/Offset. ASSOCIATE DEALER/SUB-DEALER agrees to indemnify and hold harmless ULT from and against any claim, demand, liability, loss, cost or expense, including, but not limited to, court costs or attorney's fees, asserted against or suffered or incurred by any of them by reason of, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the ASSOCIATE DEALER's/SUB-DEALER's: (i) activities as an ASSOCIATE DEALER/SUB-DEALER; (ii) breach of terms of the Agreement by the ASSOCIATE DEALER/SUB-DEALER; (iii) violation and non-compliance by the ASSOCIATE DEALER/SUB-DEALER of municipal, local or national laws or regulation. ULT shall have the right to offset any amount owed by ASSOCIATE DEALER/SUB-DEALER to ULT against the amount of any commissions or compensation owed to the ASSOCIATE DEALER/SUB-DEALER.
  19. Survival. The covenants and obligations of ASSOCIATE DEALER/SUB-DEALER to protect the trade secrets and confidential information of the Company, including, without limitation, those obligations and covenants contained in 7 and 8, shall survive the termination of this Agreement.

DISCLAIMER


AMENDMENTS OF POLICIES/LEGAL DISPUTES

  1. Amendments of Policies/Adjustments of Business Plan. ULT may after reasonable notice, change/modify this agreement, the company's policies and procedures, marketing plan and strategy to maintain a viable marketing system, comply with the legal requirements and adjust to changes in economic conditions. DEALERS agree to operate in accordance with any such changes/amendments or modifications.
  2. Venue for Legal Disputes. In case legal disputes arise, venue for such proceedings shall only be in Baguio City, Philippines.

CONTACT INFORMATION

If you have questions or concerns about any information on this page, please feel free to contact us.

Last Updated: 12/12/2014