APPLICATION FOR ENROLLMENT
You may apply for enrolment in the Gem Cash International Distributorship Program (the “Program”) offered by Gem Cash International a Canadian corporation (“GCI”), by submitting a completed enrolment application online and sending the signed original application form.
Submitting your application indicates your agreement with and accGCIance of these Terms and Conditions, as may be amended from time to time by GCI in its sole discretion. GCI may amend these Terms and Conditions, at any time, by posting the amendments on GCI’s company website, www.gemcash.ca. All amendments to these Terms and Conditions shall automatically be effective upon the effective date specified in the posting on the website www.gemcash.ca.
a). Your activation by GCI as a Distributor.
You will become an active Distributor of the Program immediately upon receipt and collection of your Distributor Fees by the Diamond Distributor. GCI’s approval may include, but is not limited to, receipt of a completed enrolment application from you and, if applicable, verification of any necessary requirements.
Distributorships obtained directly through GCI.
If you submitted your enrolment application and/or paid your Distributorship Fees to a GCI Distributor, then your status as a Distributor will be subject to GCI receipt of your Distributorship Fees from such GCI Distributor. If GCI does not receive your Distributorship Fees from the Distributor, GCI shall have no obligation to activate you in the Program. You agree to release GCI from any claim related to the submission of your enrolment application or payment of your Distributorship Fees to an GCI Distributor.
b). Your Distributorship Term; Automatic Renewal.
Your Distributorship has a term disclosed on your enrolment application/receipt and will be effective for the term disclosed on such form from the date you are certified in GCI’s Distributorship tracking system. Unless you elect not to renew your Distributorship by contacting GCI in accordance with the policy stated in paragraph 6c of these terms and conditions, at least thirty (30) days prior to the expiration date of your current Distributorship term or GCI elects not to renew your Distributorship, your Distributorship will be automatically renewed for successive terms of the same duration of time as stated on the initial enrolment application, subject to payment and collection of the applicable Renewal Fee(s). GCI reserves the right to amend the Renewal Fee(s) at any time by posting the amended Renewal Fee(s) on the company website www.gemcash.ca.
c). Contact GCI with questions about your Distributorship.
If you have any questions regarding your Distributorship, you may contact GCI by email on the company website www.gemcash.ca.
d). Additional classifications of Distributorship may be created.
Additional Distributorship classification ranks and requirements for each Distributorship classification rank may be created and revised by GCI from time to time in its sole discretion.
e). You may not register in more than one (1) GCI Distributorship
If more than one (1) Distributorship is registered, GCI reserves the right cancel all your Distributorships.
DISTRIBUTORSHIP DUTIES AND OPPORTUNITIES
Distributorship Duties. As a Distributor, you shall (i) support GCI by promoting, generating and creating Gem Stone sales for the duration of your Distributorship, (ii) act according to the professional standards of GCI, (iii) service all your personal Distributors in a prompt and courteous manner, and (iv) comply with these Terms and Conditions and the guidelines contained in the website provided by GCI and available on www.gemcash.ca as the same may be amended by GCI from time to time in its sole discretion.
GCI’s Independent Distributors and Distributorship benefits are not transferable and may not be resold or combined with any other Distributorship benefits or benefits programs as determined by GCI in its sole and absolute discretion.
Distributorship Opportunities. As a Distributor, you may be eligible for special, exclusive opportunities and prices negotiated exclusively for GCI and certain benefits offered by GCI from time to time. GCI may determine eligibility for such opportunities and benefits in its sole discretion. Benefits offered by GCI are discretionary privileges. As a condition of your continued Distributorship in the Program, GCI may, in its sole discretion, restrict and/or prohibit the type of contact you may have with selected suppliers and/or groups of suppliers in the Gem Stone industry.
COMMISSIONS PAYABLE TO DIAMOND DISTRIBUTORS
A). Commissions Payable to Diamond Distributors. Emerald Distributors must pay Diamond Distributors the amounts specified in GCI’s Compensation Schedule (“Commissions”) in connection with Gem Stone sales. Your sales commissions will be redeemable in the form of your choice listed by you at time of sales.
Upon termination of your Distributorship, you agree to forfeit and waive all rights to any Pending Commissions related to your transactions as a Distributor of GCI. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines or you owe any amounts due to GCI, GCI reserves the right to retain any and all Commissions remaining on your Gem Stone Board.
b). Compensation Schedule. GCI’s Compensation Schedule is posted on the website www.gemcash.ca. The Compensation Schedule may be amended from time to time by GCI in its sole discretion. If amended, GCI will post the amended Compensation Schedule on the website www.gemcash.ca.
c). You Are Responsible for Income Tax payable on payments made to you by the Emerald Distributors. It is the sole responsibility of each Distributor to filing and payments required to be made in connection with federal income taxes.
TERMINATION, CANCELLATION OR EXPIRATION OF YOUR DISTRIBUTORSHIP
a). Termination of Your Distributorship. In the event that you fail to comply with any of these Terms and Conditions or the Guidelines, GCI may immediately terminate your Distributorship. If your Distributorship is terminated by GCI for any reason, you will not be entitled to any refund of payments or Distributorship Fees, and any and all commissions and/or Bonuses remaining on your Gem Stone Boards will be withheld. GCI reserves the right to cancel any Distributorship at any time for any reason in its sole discretion.
b). Cancellation of Your Initial Distributorship. You may cancel your Distributorship by notifying GCI via email on the email listed on your initial application. Should you elect to cancel your Distributorship, once GCI is contacted via email on the email it has directed you to use for cancellations, a cancellation agreement may also be sent to you to sign and return. Once your cancellation is issued, you agree to return to GCI the signed cancellation agreement, if applicable.
c). Cancellation of Your Renewal Distributorship. Unless you elect not to renew your Distributorship by notifying GCI via email, at least thirty (30) days prior to the expiration of your Distributorship, or GCI elects not to renew your Distributorship at least thirty (30) days prior to the expiration of your Distributorship, your Distributorship will be automatically renewed for additional terms of the same duration of time as on the initial application, subject to payment and collection of the applicable Renewal Fee(s). Should you elect to cancel your Distributorship, once GCI is contacted via email for cancellation, a cancellation notice will be issued to you and a cancellation agreement may be sent to you to sign and return. Once your cancellation number is issued, you agree to return to GCI the signed cancellation agreement.
PROMOTIONAL MATERIALS, SUPPORT AND LICENCE TO USE GCI’S TRADEMARKS
a). Quality Standards and Rules for Your Use of the GCI Marks and/or the Marks of Any of GCI’s Suppliers. You agree when creating marketing materials using GCI’s Marks and/or the Marks of any of GCI’s suppliers that you will submit a copy of such marketing materials to GCI for approval prior to distribution of said materials. Additionally, upon GCI’s request, you will provide information to GCI sufficient to identify all your uses of GCI’s Marks and/or the Marks of any of GCI’s suppliers, whether in tangible or electronic form, and will provide GCI with suitable specimens of your use of the GCI Marks and/or the Marks of any of GCI’s suppliers. You may not alter the GCI Marks or the Marks of any of GCI s suppliers in any way, including, but not limited to, skewing, changing the color, rotating, separating logo elements, or changing typefaces. GCI may review your use of the GCI Marks and/or the Marks of any of GCI’s suppliers and periodically evaluate your compliance with GCI’s quality standards for its licensees. If your use of the GCI Marks and/or the Marks of any of GCI’s suppliers is not acceptable, you agree to remedy such deficiencies immediately as GCI may direct.
b). Quality Standards and Rules for Marketing and Selling GCI Products and Services. You agree when creating marketing materials using any of GCI’s products and services, including, but not limited to, Distributorships as well as any Gem Stone products and/or services purchased through GCI that you will provide GCI with a copy of such marketing materials to be reviewed and approved by GCI in its sole discretion prior to distribution of said materials.
c). Quality Standards and Rules for Your Preparation of Promotional Materials. Quotes from other Distributors and your participation and/or photographs in or from GCI activities and training, including but not limited to, webinars, teleconferences, seminars, promotions, conventions, etc., may only be incorporated in marketing materials authorized by GCI in advance in writing. You understand and acknowledge that GCI retains all rights, title, and interest in and to the Promotional Materials and all documentation or information GCI may provide to you in connection with you being a Distributor.
d). Quality Standards and Rules for the National Do Not Call Registry. In compliance with federal, state, county and local laws, GCI maintains the National Do Not Call Registry in GCI s system. You agree to abide by the procedures set forth in the Program Materials with regard to contact of prospective Distributors. Further, you agree that you will not contact any individual without first consulting and complying with GCI Rules and Regulations defining GCI’s policy on contact with the public.
e). Anti-Spam. GCI requires its Distributors to comply with its no-tolerance anti-spam policy. You agree that if GCI believes you are transmitting any duplicative or unsolicited email messages without the recipient’s prior request or consent, GCI has the right to disable your Distributorship/website, and can do so with no further notice. Moreover, you agree to comply with the CAN-SPAM Act (http://crtc.gc.ca/eng/internet/anti.htm) as may be amended.
YOUR WARRANTIES AND INDEMNITY
a). GCI is Not Liable for Your Expenses. GCI will not be liable to you for any expenses incurred by you in performing your duties as a Distributor.
b). You Indemnify GCI Group. You shall indemnify and hold GCI and GCI’s employees, contractors, officers, directors, shareholders, agents and/or affiliates (collectively, the “GCI Group”) harmless from and against any and all claims suffered by any of the GCI Group arising out of or in respect of (i) any violation of law by you, (ii) fraud, misrepresentation, willful misconduct or gross negligence on the part of you, (iii) any violation of these Terms and Conditions or the Guidelines by you, (iv) any costs, fees, expenses, liabilities or penalties associated with any withholding taxes, federal taxes, and any other federal, provincial or local taxes, payments or filings required to be paid, made or maintained in connection with any payments made to you by GCI or its Distributors, (v) your performance of your duties as a Distributor of the Program, (vi) your failure to comply with GCI’s policies relating to the National Do Not Call Registry, or (vii) your failure to comply with the CAN-SPAM Act of 2003, as may be amended.
DISCLAIMER OF WARRANTY
In the event that any Gem Stone product or service provided by a third party supplier is unsatisfactory to you, you will look solely to the provider of the product or service for rectification. All warranties, expressed or implied, related to Gem Stone products provided by a third party supplier are the responsibility of the third party supplier.
TALENT / TESTIMONIAL RELEASE
I do hereby authorize GCI , and those acting pursuant to its authority to: (a.) Record my participation and appearance or use my recorded participation and appearance on video recordings, audio recordings, photographs or any other medium; (b.) Use my name, likeness, voice and biographical material in connection with these recordings; (c.) Exhibit or distribute such recording in whole or in part without restrictions or limitation for any educational or promotional purpose which GCI and those acting pursuant to its authority, deem appropriate; (d.) Use any of my past, present, or future statements whether made orally, in writing, or otherwise for any educational or promotional purpose which GCI and those acting pursuant to its authority deem appropriate. I also forever release and discharge GCI from any claim I have made or claim I may wish to make related to this paragraph.
LIMITATION OF LIABILITY
Notwithstanding anything contained in these Terms and Conditions, in no event will GCI or its Affiliates, Principals, Shareholders, Employees, Agents, Representatives, Contractors or Suppliers be liable to you for any direct, indirect, consequential, incidental, punitive or special damages, lost data, delays, lost data, lost profits, loss of revenue, or any other economic loss, cost of expense arising from or related to these Terms and Conditions, whether arising out of contract, warranty, negligence, strict liability in tort or otherwise, even if GCI or its affiliates, principals, officers, directors, shareholders, employees, agents representatives, contractors or suppliers have been advised of the possibility of such damages. In no event will GCI be liable for any type of loss to you caused by an event beyond its control, including but not limited to, government restrictions, natural disasters, terrorist acts, wars, riots, strikes, and other acts of GOD. In no event will GCI’s total aggregate liability under these Terms and Conditions, whether arising out of breach of contract, warranty, negligence, strict liability in tort or otherwise, exceed the lesser of GCI’s revenues received directly from you under these Terms and Conditions in the six (6) months preceding the date the cause of action arises in no event will you bring any actions against GCI more than one (1) year after such cause of action arises. Certain provincial laws do not allow limitations on implied warranties of exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
a). You are an Independent Distributor of GCI . These Terms and Conditions do not constitute the sale of a franchise or Distributorship to you and are intended to create an Independent Distributor relationship between you and GCI, and shall be interpreted to effectuate such intent. Nothing contained in these Terms and Conditions shall be construed to create a joint venture, partnership, association, or other affiliation or like relationship between you and GCI. You shall be solely responsible for determining the means and methods for performing your duties. You shall not represent that you are an employee or affiliate of GCI, and shall at all times represent yourself as an Independent Distributor of GCI. You shall not under any circumstances be deemed to be an employee or affiliate of GCI for any purposes, including federal tax purposes.
b). Call Monitoring/Recording/Pre-recorded Messaging Predictive Dialing. You understand that GCI may monitor and/or record any conversation that may occur between us. However, GCI is not obligated to do so and it may choose not to do so. You authorize GCI to contact you at their discretion by using pre-recorded messaging devices and/or Predictive Dialing devices. If you choose not to be contacted by this method, please contact Admin.
c). Notices. All notices, requests, consents, and other communications required or permitted pursuant to these Terms and Conditions shall be in writing, including electronic transmission, and shall be, as elected by the person giving such notice, hand delivered by messenger or courier service, or mailed via regular mail, postage prepaid, and addressed to GCI I at its principal office as set forth on the website www.gemcash.ca. Each such communication shall be deemed delivered on the date delivered if by personal delivery, messenger or courier service, or five (5) days from the postmark on such communication.
d). Assignment of Rights and Obligations under these Terms and Conditions. GCI may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Distributorship, your duties as a GCI Distributor, or your rights or obligations pursuant to these Terms and Conditions.
e). Severability. If any term, condition or provision of these Terms and Conditions or the application thereof to any party or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby. In each other term, condition and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
f). Certain Provisions Survive Termination, Cancellation or Expiration of Your Distributorship. All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive the termination, cancellation or expiration of your Distributorship.
g). The Headings Are for Convenience of Reference Only. The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
h). These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and GCI with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and GCI. These Terms and Conditions shall not be construed more strongly against GCI despite GCI’s responsibility for its preparation.
These Terms, the Program and pricing are subject to change without notice.
Effective January 1st, 2018