04/01/2017
THE CODE OF ETHICS FOR YI JIA INTERNATIONAL SDN BHD DISTRIBUTORS
As a distributor of Yi Jia International Sdn Bhd, I agree to adhere strictly and totally to the following principles in carrying out my day-to-day business.
1. As my basic principle for doing business, I will uphold the cardinal rule of doing unto others, as I would have them do unto me.
2. I will uphold and follow the Rules of Conduct and the Code of Ethics of Yi Jia International and observe total business etiquette, whilst conducting my business and observing the spirit of these rules.
3. I will present truthfully and honestly the compensation plan and products as sanctioned in official by Yi Jia International literature.
4. I will be courteous, tactful and prompt in attending to the needs of customers and will follow procedures as set out by Yi Jia International in respect of replacement or return of goods.
5. I will always conduct myself as an independent distributor for Yi Jia International in a manner as to reflect only the highest standards of integrity, sincerity and responsibility.
6. I will respect and carry out the roles and responsibilities of a Yi Jia International distributor as set forth in the “Roles and Responsibilities of a Yi Jia International distributors”.
7. I will not make use of any Yi Jia International’s trademark, trade name, logo, copyrighted materials, literature, promotional items or any form of Yi Jia International resources for the purpose of generating other business interests unless written approval is granted by Yi Jia International.
DISTRIBUTOR TERMS AND CONDITIONS
This Agreement is entered between YI JIA INTERNATIONAL SDN BHD (1057009-U) a company incorporated in Malaysia and having is place of business at NO. 9 & 10, JALAN PUTERI 7/13A, BANDAR PUTERI, 47100 PUCHONG, SELANGOR D.E. MALAYSIA (hereinafter referred to as “The Company”) and the Applicant (hereinafter referred to as “the Applicant”) upon submission of the Application Form by the Applicant to the Company.
Now the parties hereby agreed: -
1. The Applicant’s Eligibilities
1.1 The Applicant hereby warrants that: -
a. he/she has attained the age of 18 years old and above;
b. he/she is not an undischarged bankrupt and there is no any bankruptcy petitions against him/her;
c. he/she 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;
d. he/she shall during his/her distributorship, observed and abide by all laws under the Direct Sales and Anti-Pyramid Scheme Act 1993 (hereinafter referred to as “The Act”), and shall not infringe any laws, by-laws and regulations of the Government and local authorities in relation thereto.
1.2 The Applicant 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 Applicants application without assigning any reasons whatsoever.
1.3 The Applicant further understands that he/she 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.
2. Independent Distributor
2.1 The Applicant acknowledges that nothing herein contained shall be constructed to imply the existence of a partnership with the Company or to make the Applicant an agent or legal representative or employee of the Company.
2.2 The Applicant is a self-employed independent distributor 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 Applicant.
3. Cooling-Off Period
3.1 The Distributor’s application is subject to a cooling-off period of ten (10) working days from the application date, in which, the Distributor shall have the right to rescind the application by serving a written notice to the Distributor’s sponsor or direct distributor and return the original application form with the distributor card and sales kit to Yi Jia International. During such cooling-off period, any payment made by the Distributor shall be refunded according to the Product Buy Back Policy of the company.
4. General Terms
4.1 This Agreement shall be effective on the date of the Applicant’s application being approved by the Company.
4.2 A Distributorship extends for twelve (12) months from the acceptance date. For each subsequent year, a renewal of the Distributorship is required. The Company assesses a renewal fee of MYR 30.00 per Distributorship or perform a retail order with PV products. The fee is to provide Distributors with the necessary support system and information on products and services, Company programs, Policies and Procedures, and related matters.
4.3 Failure to renewal the Distributorship, the Distributor shall restrict access to Distributor Personal Web system, to selling the Company products or conduct any business activities and the distributor shall not be entitled for any form of commission or bonus payment generated from the business in whatever manner.
4.4 The company reserved the rights to amend such terms and conditions from time to time.
5. Termination
5.1 The Applicant may cancel this Agreement at any time with whatever reason by submitting a written notice with his / her principal business address to the Company and return the distributor card to the Company.
5.2 The Company shall have the right to suspend the Applicant’s account at any time for a period of not more than three (3) months if the Company receives information or otherwise becomes aware of any possible breach(es) by the Applicant of the terms and conditions of this Agreement. The Applicant 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 Applicant’s breach(es). If the Company finds that the allegations are untrue at the end of the investigations, the Applicant’s account shall be restored and the Applicant 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.
5.3 The Applicant may reapply the distributorship after termination of distributorship subject to the following regulations:
(1) After 6 months from the date of termination.
(2) The reinstated distributor will need to submit an application form to company, and all previous down-lines will not be reinstated under the applicant.
(3) The reinstated distributor will have the entry-level position of “Distributor”.
5.4 The termination of the applicant may directly affect any promotion of his / her up-line if entitled.
5.5 The Company reserves the right to take any action it deems appropriate against the Applicant in event of the Applicant’s abuse, breach or violation of any of the Terms & Conditions of this Agreement.
6. Representation to Customer
6.1 The Applicant 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.
6.2 The company shall not be bind by any statements, claims or representations made by the Applicant without the Company’s consent.
6.3 The Applicant shall be liable to indemnify the Company for any claims/ demand against the Company as a result of the Applicant’s misrepresentation.
6.4 The applicant shall explain the company's compensation plan in compliance manner. The applicant 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.
7. Presenting the Company’s Compensation Plan
7.1 In presenting the Company’s Compensation Plan to prospects, the Applicant 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 Applicant further agrees that it shall not utilize any literature, materials or sales aids not produced or specifically authorized in writing by the Company.
7.2 The Applicant shall conduct the business in a manner which enables all other distributors to build their business in a just and fair manner.
8. Other Obligations
8.1 Without prior consent from the company, the applicants shall not speak on behalf of the company of which such action may result in negative impact on the image of the company.
8.2 The applicant shall not conduct any sales or promotional activities in any direct or indirect competitive companies within the same industry.
8.3 The applicant 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.
8.4 If the Applicant wishes to organise any meeting for other Applicants and/or prospective Applicants shall first obtain the written permission of the Marketing Department. The Applicant shall seek the written permission of the Marketing Department at least fifteen (15) working days before the proposed date of the meeting. The Applicant shall not attend any meeting conducted by other Applicants which have not been approved by the Company.
8.5 The applicant shall not draw other distributor or try to seize others markets. Attracting others through flaunting of personal income and cross department consulting and advisory is strictly not permissible.
8.6 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.
8.7 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.
8.8 The applicant should not work in private agreements. Otherwise, all disputes arising will be considered as not related to the company.
8.9 Meetings held by teams:
(1) All entities & teams are subject to the company’s meeting.
(2) Superiors shall not impede their team members from participating in their lower level departmental meetings, and lower department shall not impede their team members from participating upper level leaders’ meetings.
(3) All teams must abide by the spirit and principle of solidarity and policy of mutual assistance.
8.10 The applicants shall not do anything that will jeopardize the interest of the company. Should the dealer is found to have done anything that jeopardizes the interest of the company, the company has the rights to terminate or freeze this cooperation.
9. Refunds and Product Returns – Buy Back Policy
9.1 If a distributor wants to terminate his distributorship, Yi Jia International shall buy back the stock which is in good condition, and the purchase from distributor must be made in not more than 6 months (180 days). All paid bonuses, a 10% administration fee and transportation fee will be deducted from the total amount (Distributor Price) at the time of the purchase of the returned products, and the balance will be refunded to the Distributor. A distributor will get his refund for unsold stock if:
(1) The product is purchase direct from the company.
(2) The product is in good and sellable condition.
(3) Approval for refund is granted by Yi Jia International.
(4) The product must be sent to the company. Yi Jia International will check all the returned stock. If the stock is in sellable condition and all the above condition is met.
9.2 There will be no refund for Yi Jia International literature, sales aid materials and promotional items.
10. Collection of Product
10.1 The Applicant undertakes to collect all the products purchased within seven (7) days from the date of purchase.
11. Intellectual Property
11.1 The Applicant 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.
11.2 The Applicant 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.
12. Commission
12.1 The Applicant 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 Applicants shall not have any recourse against the Company for the revised pay-out commission.
12.2 The Applicant agrees that the monthly commission shall be paid to in to his / her bank account.
13. Miscellaneous
13.1 Amendment of the Terms
The Applicant understands that this Agreement may be amended at the sole discretion of the Company, and the Applicant agrees to abide by all such amendments. Notification of amendments shall be posted on the Company’s website. Amendments shall become effective after seven (7) days of publication.
13.2 Confidentially/Obligations
The Applicant 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 Applicant’s business in relation to the Company.
13.3 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.
13.4 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 Applicant.
13.5 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.
14. Terms For Online / multimedia marketing
The activities below are prohibited:
14.1 Prohibited from using picture of all product or Logo or any intellectual properties of Yi Jia International.
14.2 Prohibited from selling online.
14.3 Prohibited from mis-presenting information of product, earning income, and marketing plan.
14.4 Prohibited from posting picture of company’s internal memo / internal pictures / training materials / company events.
14.5 Prohibited from utilizing any literature, materials, or sales aids without the written approval from the company.
14.6 Applicant 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.
14.7 The Applicant is allowed to post testimonial pictures of consumers before and after using the products.
14.8 The Applicant is allowed to post blog detailing own honest opinion about the product effect, career opportunities and experience with Company.
