Investia Affiliate Terms and Conditions These Terms and Conditions (“Agreement”) set out the basis on which a person may participate in the Investia Affiliates Program (IAP) and use his or her Investia Membership. Defined terms are set forth below or may be separately defined in any of the documents incorporated by reference into the Agreement. References to the singular shall include the plural and to the masculine shall include the feminine wherever the context permits. This Agreement also serves as Investia’s Rules of Conduct.
Definitions: The following terms when used herein shall have the following meanings;
“Investia” means: Investia International Pte. Ltd.
“IA” means: An Investia Affiliate, who is an independent contractor of Investia.
“IAship” means: An IAship is another way to describe an Investia Business, which is identified by an IA number.
1. I understand that as an IA: a) I will only have one IA account and must be at least 18 years old; b) I have the right to promote the sale of Investia products and services in accordance with the agreement; c) I have the right to enroll persons as IAs and/or as customers or members; and when I do so I will comply with all applicable Investia policies; and d) I will train, motivate and support the Affiliates in my Downline Marketing Organization.
2. I agree to present the Investia Compensation Plan and Investia products and services as set forth in official Investia literature. I agree to keep accurate records and shall not engage in or perform any misleading, deceptive or unethical practices. I further agree to abide by all federal, state and local laws and regulations governing the sale or solicitation of the products and services marketed by Investia, including but not limited to, obtaining and maintaining any and all permits and licenses required to perform under the Agreement and I understand that I will be personally liable for any fines and other expenses incurred by Investia as a result of my failure to do so.
3. I agree that, as an IA, I am an independent contractor and not an employee, partner, legal representative, or franchisee of Investia. I am not authorized to and will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Investia. 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 INVESTIA FOR FEDERAL OR STATE TAX PURPOSES. Investia is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read (or agree to read before performing any Affiliate activity) and agree to comply with these Terms and Conditions, the Investia Policies and Procedures, and the Investia Compensation Plan, each of which are provided by Investia on its website www.investiainternational.com and are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the “Agreement”). I understand that I must be in good standing, i.e. not in violation of the Agreement, to be eligible for bonuses or commissions from Investia. I understand that the Agreement may be amended at the sole discretion of Investia, and I agree that any such amendment will apply to me. Notification of amendments shall be published in official Investia materials. The continuation of my Investia business and/or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments. I acknowledge that all post sale customer service support may be rendered in English by Investia or its affiliates.
5. The term of the Agreement is one (1) year from the date of its acceptance by Investia which will be the date that I execute the Agreement electronically via the company’s Internet sign-up procedure and it is received and accepted by Investia. The Agreement shall thereafter automatically renew for successive one (1) year terms unless either I or Investia provides the other with at least thirty (30) days’ written notice of non-renewal. I may terminate the Agreement for any reason, at any time, by giving Investia prior written notice by email to [email protected]. Investia may terminate the Agreement pursuant to the Policies and Procedures or in the event that I breach any part of the Agreement. If either I or Investia elects to not renew the Agreement, or if it is terminated for any reason, I understand that I will permanently lose all rights as an IA, I shall not be eligible to promote Investia products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former Downline Marketing Organization. In the event of termination or non- renewal for any reason, I waive all rights I have to my former Downline Marketing Organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former Downline Marketing Organization. Investia reserves the right to terminate the Agreement if it elects in my country of residence to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate sale of its products and/or services via direct selling channels.
6. I may not assign or transfer any rights or sub contract my duties under the Agreement without the prior written consent of Investia. Any attempt to transfer or assign the Agreement or sub contract my duties without the express written consent of Investia may result in termination of the Agreement.
7. I understand that during any investigation by Investia of my breach of the Agreement or my conduct as an IA, my IA position status may be suspended and any payments which may otherwise be owed to me shall be held until final resolution has been achieved. I acknowledge that in the event that Investia determines that I have violated the Agreement, Investia may terminate the Agreement and deactivate my Affiliate position, in which event I will not be entitled to any payments or further commissions or compensation of any kind whether or not the sales for such bonuses or commissions have been completed or Investia may impose upon me other disciplinary actions as set forth in the Policies and Procedures. In such circumstances Investia may allocate my position together with any Downline Marketing Organization to another IA or applicant.
8. Investia, along with its parent or affiliated companies, directors, officers, owners, employees, assigns, and agents (collectively referred to as “Affiliates”), shall be exempt from, and I hereby release Investia and its Affiliates from, all claims for consequential and exemplary damages. This release covers all liabilities arising from or related to the promotion or operation of my Investia business and any related activities, such as the presentation of Investia products and services, the Compensation Plan, the operation of motor vehicles, or the lease of meeting or training facilities. Additionally, I agree to indemnify Investia and its Affiliates for any liabilities, including attorney fees, damages, fines, penalties, or other awards that may arise from any unauthorized activities I undertake while operating my business. Investia retains the right to offset any liabilities of the IA against any liabilities of Investia, regardless of whether these liabilities are present or future, liquidated or unliquidated, and irrespective of their origin under this Agreement. The exercise of any rights by Investia under this clause does not limit or affect any other rights or remedies available to it under this Agreement or by law.
9. The Agreement, constitutes the entire contract between Investia and myself. Any promises, representations, offers, and other communications not expressly set forth in the Agreement are of no force or effect. Defined terms are set forth below or may be separately defined in any of the documents incorporated by reference into the Agreement. References to the singular shall include the plural and to the masculine shall include the feminine wherever the context permits.
10. I understand that as an IA: a) I have the right to promote the sale of Investia products and services in accordance with the agreement b) I have the right to enroll persons as IAs and/or as customers or members; and when I do so I will comply with all applicable Investia policies including but not limited to policies and procedures relating to payment card handling information; and c) I will train, motivate and support the IAs in my Downline Marketing Organization.
11. Any waiver by Investia of any breach of the Agreement must be in writing and signed by an authorized officer of Investia. Waiver by Investia of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
12. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
13. This Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to principles of conflicts of laws. All disputes and claims relating to Investia, the Agreement, or Investia products and services, the rights and obligations of an IA and Investia, or any other claims or causes of action relating to the performance of either an IA or Investia under the Agreement shall be settled totally and finally by arbitration in Singapore, or such other location as Investia prescribes. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. Each party to the arbitration shall be responsible for its own costs and its own expenses of arbitration, including fees. Nothing in the Agreement shall prevent Investia from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect Investia interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. For the avoidance of doubt, the claims of different IAs shall be heard in separate, bilateral arbitration proceedings. Investia does not consent to classwide arbitration proceedings, and IAs specifically waive any and all rights they may otherwise have to classwide arbitration. Arbitration proceedings and any award shall be kept confidential. No amendment to this arbitration provision shall apply to a dispute of which Investia had actual notice on the date of the amendment. Any termination of this arbitration provision shall not be effective until 10 days after reasonable notice given to IAs or as to disputes which arose prior to the date of termination.
14. If an IA wishes to bring an action against Investia for any act or omission relating to or arising from the Agreement, such action must be brought within six (6) months from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Investia for such act or omission. An IA waives all claims that any other statutes of limitations applies. If an IA brings or threatens to bring an action against Investia including but not limited to any action for any act or omission arising from the Agreement, Investia may at its option immediately suspend the IA position and may terminate the Agreement.
15. I authorize Investia to use my name, photograph, personal story and/or likeness in advertising/promotional materials, and grant Investia an indefinite royalty free license to use all photographs, video and other images submitted by me to Investia; I waive all claims for remuneration for such use.
16. I understand that participation in Investia does NOT guarantee or assure any profits or success. I certify that no such representations of income or success have been made to me by Investia or any IA.
17. During the term of this Agreement (and any renewals) and for (1) one year thereafter, I will not sell to Investia customers or IAs any products, services or business opportunities that compete with Investia products or services. In addition, during the term of the Agreement (and any renewals) and for (1) one year thereafter, I will not solicit or recruit Investia employees, consultants, vendors, customers or IAs, whether active or inactive, to participate in any network marketing program, The exception being those to whom I am both Enroller and Sponsor.
18. By acknowledging and submitting this Application, I specifically authorize Investia to transfer and disclose personal or confidential information which I have provided to Investia in connection with my application to become an IA and in connection with my IA business and Downline Marketing Organization or that has been developed or provided to Investia by me as a result of my activity as an IA, to its parent and affiliated companies, its partners, licensees, agents and vendors and to other IAs, who may or may not be in my immediate Upline or Downline, when necessary to ensure proper support for the Investia business and to applicable government or regulatory bodies if required by law. I further authorize Investia, its parent and/or affiliated companies and other IAs to communicate with me by electronic mail at the email address and/or by text message at the cell number I have entered on the front of the Application. I understand that such emails and /or text messages may include offers and solicitations for the sale and purchase of Investia products, sales aids, and services. I further authorize Investia to use my personal information for IA recognition and marketing materials and to release my name and telephone number in response to a customer’s request for an IA in my area. If this information is not to be released, I agree to notify Investia that I do not want this information released by written notice directed by email to [email protected]. I agree to obtain, record, use, hold, transfer, dispose of and otherwise process personal information about customers, other IAs or any other person (however and whomever obtained from) only in accordance with the Agreement. Unless otherwise provided by Investia, I understand that I (i) may only use such personal information for my Investia business and for no other purpose(s); (ii) must comply with their obligations regarding privacy and data security as set forth in the Agreement; and (iii) must comply with like privacy and data security obligations to those imposed on Investia under applicable laws in respect to such information. If any transfer of such personal data requires the execution of the European Commission’s Standard Contractual Clauses for the transfer of personal data from the European Economic Area to a third country (“Standard Contractual Clauses”) in order to comply with the applicable privacy and data protection laws including the General Data Protection Regulation (where I am the party exporting personal data to Investia or its affiliates outside the European Economic Area), I agree that I will complete all relevant details in, and execute the Standard Contractual Clauses and take all other actions required to legitimize the transfer. Sections 13, 15, 17 and 18 shall survive any termination or expiration of the Agreement.
The following provisions are hereby added to the Original Agreement:
19. At all times, an IA must adhere strictly to the guidelines and procedures stated in the Investia Policies and Procedures of which these Terms and Conditions are a part, in addition to the Investia Sales & Marketing Plan, and, in each case, any amendments made to such from time to time. All IAs are charged with the duty of good faith and fair dealing under the terms of the IA Contract. All IAs shall cooperate in any investigation undertaken by Investia into activities that are potentially in contravention of his/her IAship or the IAship of another IA.
20. No IA shall engage in cross-group buying or selling/supplying. “Cross group buying and selling/supplying” occurs when an IA sells or supplies Investia distributed or supplied products and/or services to another IA who is not personally sponsored and downline of those sponsored. An IA must only purchase Investia Products and Services directly from his/her Sponsor, or Investia.
21. No IA shall make offers to sell any Investia products and services that are not accurate and truthful regarding price, grade, quality, performance, and availability. IAs are prohibited from making exaggerated claims about Investia's products and services that are not authorized by Investia. Additionally, IAs must not misrepresent Investia in any way concerning the prices, quality, standards, grades, contents, style, model, origin, or availability of its products and services. IAs must also avoid claiming that Investia's products and services are endorsed, approved, or possess features related to yield, accessories, uses, or benefits that they do not actually have. Furthermore, IAs are strictly forbidden from presenting or promoting Investia’s products and services in a fraudulent manner or falsely promoting non-Investia products as if they were associated with Investia.
22. IAs are prohibited from leveraging their knowledge or associations with other IAs, gained through their connection to the Line of Sponsorship, for promoting or expanding unrelated business ventures. Such actions are considered inappropriate and unreasonable disruptions to the contractual relationships between other IAs and Investia. Specifically, IAs must not solicit other IAs, either directly or indirectly, with the intent to sell, offer, or promote products, services, or business opportunities that are not endorsed or marketed by Investia. This prohibition extends to all financial offerings, including investments, securities, and loans, irrespective of their origin. Furthermore, IAs are strictly forbidden from using the Investia Sales & Marketing Plan as a platform to sell, offer, or promote any external business opportunities, products, or services.
23. An IA may not encourage, entice, or otherwise assist another IA to transfer to a different Sponsor. To do so constitutes an unwarranted and unreasonable interference with the contractual relationship between Investia and its IAs. This prohibition includes, but is not limited to, offering financial or other tangible incentives for another IA to terminate an existing IA Account and then re-sign under a different Sponsor. You agree that a violation of this rule inflicts irreparable harm on the Company and agree that injunctive relief is an appropriate remedy to prevent that harm. The Company reserves the right to impose penalties, up to and including termination, on any IA account found to be soliciting or enticing an existing IA to change lines of sponsorship.
24. The sale or transfer of an ownership interest in an IAship requires prior approval from Investia, which shall be granted at Investia’s sole discretion. The transfer of an IA, whether it includes their personally sponsored downlines and the downlines of those personally sponsored downlines or not, results in the sponsorship of that IAship being transferred from one IA to another. Furthermore, when an IAship is sold, it shall retain its existing position within the Line of Sponsorship.
25. Former IAs may establish a new IAship account under a new Sponsor only after abstaining from any Business Activity for a minimum of six months following the termination of their existing IAship account. If an IA chooses to terminate their IAship via email and then remains inactive for a continuous period of six months, they will no longer be recognized as an authorized IA. After this period of inactivity, they are eligible to apply for a new IAship under a different Sponsor, with the inactivity period beginning on the date Investia receives the termination email. Should Investia find that the change of Sponsor was inappropriate or solicited, the newly established IAship account will be terminated.
26. When Investia suspects a potential, impending, or actual violation of its IA Agreement or Policies and Procedure, it reserves the right to initiate an investigation into the activities of the concerned IA. Such investigations may be conducted proactively by Investia or in response to a written complaint filed by another IA. According to this section, an IA who suspects a breach by another IA must inform Investia in writing via email at [email protected], detailing the alleged violation and all related facts. Upon receipt of the complaint, Investia will inform the accused IA of the allegations and request a prompt reply. If the initial complaint and response lack adequate details to reach a conclusion, Investia may request additional information from any involved parties. Once Investia deems it has gathered sufficient information to understand the facts and circumstances of the case, it will determine whether a violation of its Business Policies and Procedures or Rules of Conduct has occurred and will proceed with suitable actions.
27. If an IA is found in violation, Investia will issue a decision letter. This letter will detail the specific complaints, outline required corrective actions, and, if relevant, specify a deadline for compliance. Notifications from Investia, including this decision letter, will be sent via email to the contact information Investia has on file for the IA. An IA’s claim of not receiving a notice will not impede the enforcement of Investia’s actions. The notice will clearly identify the sections of the Rules of Conduct or other parts of the IA Agreement that have been violated, state the effective date of any action taken, and, if applicable, inform the IA of the opportunity to request a review of Investia’s decision by the Review Panel. Furthermore, an IA waives any claims against Investia that may arise from actions taken under their IAship or as stipulated by these rules. An IA whose contract is terminated or who faces disciplinary actions due to violations of the Rules of Conduct or Investia Policies and Procedures will have no grounds to claim against Investia regarding such terminations or actions.
28. In the event Investia at its sole discretion determines that there has been a breach of the Rules of Conduct or the Investia Policies and Procedures by an IA, Investia may take one or more of the following actions: a) Terminate the IAship by providing the IA with a written notice of termination at his/her specified email address; or b) Suspend specific authorisations under the IAship, such as by way of example and without limitation, the IA opportunity to Sponsor, to purchase or sell Investia Products and Services, or to conduct similar activities associated with the Investia Business; c) Remove the IA as a Sponsor of any downline IA and/or restrict the IA’s authority to Sponsor others; d) Require refund of Investia Bonuses and Commissions; e) Require written acknowledgement of the breach(es) and an undertaking not to breach the IA Agreement in the future.
29. The failure of Investia to take any action upon learning of a breach or potential breach shall not constitute a waiver of Investia’s rights to assert such a breach in the future. The failure of an IA to take any action upon learning of a breach shall not constitute a waiver of any other rights or remedies that may be available under applicable law.
30. Investia retains the discretion to determine the specific terms of each Suspension on a case-by-case basis. Should an IA breach their Agreement, Investia may choose to suspend some or all privileges associated with the IAship. Such actions may include, but are not limited to, withholding bonuses or higher award monies until a final resolution of the issue is reached; suspending the IA’s authorization to engage in sponsoring activities, which encompasses recruiting meetings, training sessions, and home presentations; and barring the IA from attending company-sponsored seminars, trips, and events.
31. Upon termination for any cause whatsoever, the IA shall cease to identify himself/herself as an IA of Investia.
32. In order to protect Investia, its assets, and its reputation from claims or disputes created by outside third parties, Investia requires the following: if any IA is charged with any infringement of any proprietary right of any outside third party (who is not an IA) arising from any of the company’s proprietary assets, or if the IA becomes the subject of any claim or suit related to that IA’s business-related conduct or any other action that directly or indirectly negatively affects or puts Investia, its reputation, or any of its tangible or intangible assets at risk, the affected IA will immediately notify Investia. Investia may, at its own expense and upon reasonable notice, take whatever action it deems necessary (including, but not limited to, controlling any litigation or settlement discussion related thereto) to protect itself, its reputation, and its tangible and intangible property. The IA will take no action related to that claim and suit, unless Investia consents, which consent will not unreasonably be withheld.