The following ALCACOR Networks, FZCO. (“ALCACOR”) Independent Influencer Application and Agreement is a legal agreement between you and ALCACOR. ALCACOR IS WILLING TO EXTEND TO YOU THE RIGHTS AND BENEFITS OUTLINED IN THE AGREEMENT ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT, INCLUDING THE COMPENSATION PLAN, THE INFLUENCER AGREEMENT TERMS AND CONDITIONS, AND THE POLICIES AND PROCEDURES. TO COMPLETE THE APPLICATION PROCESS, YOU MUST INDICATE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE TERMS CONTAINED IN THESE DOCUMENTS. Click on the above links to read and print those documents.
Influencer Agreement Terms and Conditions
I have read, understood, and agree to the ALCACOR Influencer Agreement Terms and Conditions.
Click here to download or print the Terms and Conditions.
Policies and Procedures
The ALCACOR Policies and Procedures are incorporated into and made a part of the Terms and Conditions of the Influencer Agreement. To become an ALCACOR Influencer, you must acknowledge that you have read, understand, and agree to adhere to the terms of the Policies and Procedures. If you have not already done so, click on the above or below links to read and print the Policies and Procedures.
I have read, understood, and agree to abide by the terms set forth in the ALCACOR Policies and Procedures.
I specifically and expressly agree to the Dispute Resolution terms and conditions set forth in Section 8 of the Policies and Procedures, which require arbitration and I hereby waive all rights to trial by jury or to any court.
In order to effectively assist you to build and manage your ALCACOR business, we need to send information to you regarding all aspects of your business. In addition, we would like to keep you informed about upcoming events, our products, and services, as well as important updates. We will provide this information via email, SMS messages, phone, and other electronic means.
Terms and Conditions
1. I understand that as an ALCACOR Influencer:
a. I have the right to offer for sale ALCACOR products and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons into ALCACOR.
c. If qualified, I have the right to earn commissions pursuant to the ALCACOR Compensation Plan.
2. I agree to present the ALCACOR Marketing and Compensation Plan and ALCACOR products and services as set forth in official ALCACOR literature.
3. I agree that as an ALCACOR Influencer, I am an independent contractor and not an employee, partner, legal representative, or franchisee of ALCACOR. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long-distance telephone, and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF ALCACOR FOR TAX PURPOSES. ALCACOR is not responsible for withholding and shall not withhold or deduct from my bonuses and commissions if any, taxes or governmental payments of any kind unless required by applicable law.
4. I have carefully read and agree to comply with the ALCACOR Policies and Procedures, which are incorporated into and made a part of these Terms and Conditions (the Policies and Procedures and the Independent Influencer Application and Agreement shall be collectively referred to as the “Agreement”). In the event of a conflict between these Terms and Conditions and the Policies and Procedures, the Policies and Procedures will control. If I have not yet reviewed the Policies and Procedures at the time I sign this Agreement, I understand that they are posted at matrix.alcacor.com. I will review the Policies and Procedures within five days from the date on which I accept or execute this Agreement. If I do not agree to the Policies and Procedures, my sole recourse is to notify the company and cancel my ALCACOR Agreement. Failure to cancel constitutes my acceptance of the Policies and Procedures. I understand that the Agreement may be modified or amended at the sole and absolute discretion of ALCACOR, and I agree to abide by all such changes. Notification of changes shall be posted on ALCACOR’s website. Changes shall become effective 30 days after publication. Any amendment to the Agreement, or to the dispute resolution provisions herein, shall not apply to (1) a dispute arising prior to the effective date of such amendment; or (2) an Influencer who declines to accept such amendment by discontinuing his or her ALCACOR business and status as an Influencer following the Effective Date of any such amendment. The continuation of an Influencer’s ALCACOR business or an Influencer’s acceptance of bonuses or commissions after the effective date of any amendments shall constitute acceptance of any and all amendments.
5. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures). If I fail to renew my ALCACOR business annually, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Influencer. I shall not be eligible to sell ALCACOR products and services, nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination, or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of my former downline organization. ALCACOR reserves the right to terminate all Influencer Agreements upon 30 days’ notice if the Company elects to (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Influencer may cancel this Agreement at any time and for any reason. ALCACOR shall have the right in its sole and absolute discretion not to accept this Agreement or any renewal of it.
6. I understand that if I fail to comply with the terms of the Agreement, ALCACOR may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
7. ALCACOR, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”) shall not be liable for, and I release and hold harmless ALCACOR and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release and hold harmless ALCACOR and its affiliates from all liability arising from or relating to the promotion or operation of my ALCACOR business and any activities related to it (e.g., the presentation of ALCACOR products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify ALCACOR for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
8. The Agreement, in its current form and as amended by ALCACOR at its discretion, constitutes the entire contract between ALCACOR and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by ALCACOR of any breach of the Agreement must be in writing and signed by an authorized officer of ALCACOR. Waiver by ALCACOR of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement shall remain in full force and effect.
12. This Agreement will be governed by and construed in accordance with the laws of the United Arab Emirates. In the event of a dispute between an Influencer and ALCACOR arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. ALCACOR shall not be obligated to engage in mediation or arbitration as a prerequisite to disciplinary action against an Influencer. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. The parties agree that the arbitrator will have the sole power to decide any question about the arbitrability of any claim, dispute, or other difference between the parties. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Where permitted under applicable law, you and ALCACOR expressly agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. You further waive participation in any class-action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding in which someone acts in a representative capacity. You shall not institute or participate in, and the arbitrator shall not have the authority to hear an arbitrable dispute on a class, collective, consolidated, or representative basis, nor shall the arbitrator have the authority to grant class-wide relief, relief on a consolidated basis, or other relief extending beyond the individual claimant. You understand that both you and ALCACOR are waiving your rights to bring (or join, participate, or intervene in) any claim, controversy, or dispute covered by this arbitration provision as a class, collective, or other representative action. If a court of competent jurisdiction determines that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable, the remainder of this Agreement shall remain in full force and effect. If both: (1) the dispute is filed as a class, collective, or representative action; and (2) a court finds the class action waiver, or a portion thereof, unenforceable, then the parties agree that any claims as to which this class action waiver are enforceable shall be resolved by arbitration prior to litigation of the claims to which the class action waiver was deemed unenforceable. The parties agree that the claims to which the class action waiver was deemed unenforceable shall be stayed pending resolution of the claims subject to arbitration. The jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in the United Arab Emirates.
13. Notwithstanding the foregoing, either party may bring an action before the Dubai International Financial Centre Court seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the Dubai International Financial Centre Court.
14. Refunds will be issued as provided in the Policies and Procedures and in the Notice of Right to Cancel below.
15. A participant in this multilevel marketing plan has the right to cancel at any time, regardless of the reason.
16. If an Influencer wishes to bring an action against ALCACOR for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action or the shortest time permissible under the laws of the United Arab Emirates. Failure to bring such action within such time shall bar all claims against ALCACOR for such act or omission. Influencer waives all claims that any other statute of limitations applies.
17. The official language of this Agreement is the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall not be binding on the parties hereto or nor shall such other versions be admissible in any legal proceeding, including arbitration, brought under this Agreement. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
18. I authorize ALCACOR to use my name, photograph, personal story, and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.