Terms and Conditions of Zenith Quest International
These Terms and Conditions ("Agreement") govern your participation in the direct selling business operated by Zenith Quest International ("the Company"). By enrolling in the direct selling business, you ("Distributor") agree to the following terms and conditions:
1. Enrollment and Distributorship
1.1 Enrollment and Distributorship To become a Distributor, you must be at least 18 years old and enrollment is subject to acceptance by the Company, and we reserve the right to reject any application at our discretion.
1.2 Non-Employee Status: Distributors act as independent contractors, not employees, agents, or franchisees of Zenith Quest International.
1.3 Termination of Distributorship: The Company reserves the right to terminate a Distributor's Distributor at any time for violation of these Terms and Conditions or any conduct deemed inappropriate or harmful to the Company's interests.
2. Commissions and Compensation
2.1 Compensation Plan: Distributors earn commissions based on their personal sales and the sales of their downline members in accordance with the Compensation Plan, which may be subject to change.
2.2 Payments: Commissions are paid on a monthly basis. All payments will be subject to deductions for any applicable taxes, processing fees, or other deductions required by law.
2.3 Refunds and Chargebacks: Commissions may be subject to adjustment for product returns or cancellations. Distributors must repay any overpaid commissions within 30 days of notice.
3. Distributor Obligations
3.1 Compliance with Laws: Distributors must comply with all local, state, and federal laws, including the Direct Sales and Anti-Pyramid Scheme Act 1993 in Malaysia.
3.2 Prohibited Practices: Distributors are prohibited from:
- Engaging in any deceptive, misleading, or fraudulent practices.
- Participating in any pyramid schemes, cash gifting, or illegal money circulation schemes.
- Promoting the direct selling business in a way that misrepresents earnings potential or product benefits.
3.3 Advertising and Promotion: All promotional materials, advertisements, and social media posts must be approved by the Company and must not contain any unsubstantiated claims or violate local advertising laws.
4. Product Sales
4.1 Purchase Obligations: Distributors are required to purchase a minimum of RM 100 in products per year to remain active in the program.
4.2 Returns and Refunds: Customers are entitled to refunds for products returned within 30 days of purchase, provided that the product is in resalable condition.
4.3 Inventory Loading Prohibition: Distributors must not purchase excessive inventory solely for the purpose of advancing in the compensation plan.
5. Intellectual Property and Confidentiality
5.1 Trademarks and Logos: Distributors may use the Company’s trademarks, logos, and promotional materials only as authorized by Zenith Quest International.
5.2 Confidential Information: Distributors agree not to disclose any confidential information, including but not limited to compensation plans, distributor lists, and customer data, to third parties.
6. Termination
6.1 Voluntary Termination: Distributors may terminate their Distributor at any time by providing written notice to the Company.
6.2 Involuntary Termination: The Company reserves the right to terminate a Distributor for:
- Breach of this Agreement.
- Violation of Company policies or local laws.
- Engaging in conduct that harms the Company’s reputation.
6.3 Effect of Termination: Upon termination, the Distributor must cease all marketing activities and return any proprietary Company materials.
7. Limitation of Liability
7.1 Indemnification: Distributors agree to indemnify and hold the Company harmless from any and all claims, damages, or expenses arising out of the Distributor's actions in connection with the direct selling business.
7.2 Disclaimer of Warranties: The Company provides the direct selling business "as is" and makes no representations or warranties of any kind regarding the operation or benefits of the program.
8. Amendments to Terms
The Company reserves the right to modify these Terms and Conditions at any time. Changes will be posted on the Company’s website and will take effect immediately upon posting. Continued participation in the direct selling business constitutes acceptance of any amendments.
9. Governing Law and Dispute Resolution
This Agreement is governed by the laws of Malaysia. Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the laws of Malaysia.