Date: Tuesday, December 06, 2022
Re: Brand Ambassador of ETREGLOBAL ESSENTIALS, INC.
This is to confirm your engagement as Brand Ambassador of ETREGLOBAL ESSENTIALS, INC. (hereinafter the “Company”) effective today under the following terms and conditions, to wit:
- Scope of Engagement.You will provide the Company with services RELATED TO Brand or Products campaign.
- To act always for and in the best interest of Company in the conduct and performance of the Services.
- You can campaign the Brand/ Products in any Social Media or Digital channels as long as the platform is in full compliance with Government laws.
- You cannot use any digital platform that violates Philippine and International laws or a platform that promotes any form of illegal activities.
- Service Fee.
- For and in consideration of the Services, you shall be paid a commission income based on 10 percent of referred purchase from the official website; https://jbetre.com using your assigned affiliate link or code. This will be subject to applicable government taxes
- Only the purchases from the official website with payment using your affiliate link or code, will be computed for payout.
- Payout simulation:
Paid online purchase using your code= Php 30,000
Commission payout of 10%= Php 3,000
- Independent Contractor. Your relationship with the Company will be that of an independent contractor and not that of an employee.
- Method of Provision of Services: You shall be solely responsible for determining the method, details and means of performing the Services.
- Duration of Services. The system will automatically evaluate the Brand Ambassador’s income every 5 months. The Php 3,000 and above income will be automatically extended to another 5 months.
- Termination of Service. The system will automatically deactivate the Brand Ambassador’s code should income fall below Php 3,000 total for 5 months. Once the Ambassador code will be deactivated, this service agreement will also cease.
- Indemnity/Loss or Damage. The Company shall in no manner be answerable or accountable for any loss of or damage to property or injury to or death of any person/s caused, occasioned or incurred during the time of and/or consequent to the performance of the Services, nor for any amount, claim or liability with respect to licenses, taxes, permits and similar requirements, all of which shall be for your account, and you hereby agree to assume all liability for the loss or damage or injury or death of any person above-described, and shall indemnify and hold the Company free and harmless therefrom.
- Confidentiality. You hereby acknowledge that the Company and/or its subsidiaries or affiliates own and are in possession of certain confidential and proprietary information that may be disclosed to you pursuant to this Agreement.
You likewise acknowledge and agree that it is imperative that all such information remains confidential. Accordingly, to protect and maintain the confidentiality of information disclosed/to be disclosed to you pursuant to this Agreement you agree to be bound hereunder as follows:
- “Confidential Material” is defined as data, analyses, compilations, studies, formula, volumes, design specifications, renderings, designs, technical data, price lists, processes, procedures, drawings, plans, reports, bid proposals, customer lists and information, and financial records, whether written, electronic, or oral, and any notes, studies, memoranda, computer files or documents of any type containing or reflecting the furnished information, as well as all intellectual properties whether registered or not, technical or other information which you have made, learned, disclosed, or discovered pursuant to this Agreement, together with any copies of such information in any form, whether written, oral, or electronic, whether supplied or created by you or by the Company or any of its subsidiaries or affiliates, and whether disclosed prior to or subsequent to the date hereof. Confidential Material supplied to you by the Company or any of its subsidiaries or affiliates may include materials marked “Confidential”; however, Confidential Material may not and need not be so marked to be considered Confidential Material, if it otherwise constitutes Confidential Material as set forth above. Notwithstanding the foregoing, “Confidential Material” does not include information that is:
- at the time of the disclosure, in the public domain or available to the public, or enters the public domain at a later date by becoming available to the public through no fault, act or omission on your part nor of any of your employees, agents, or consultants; or
- disclosed at any time to you by a third party who, to your best knowledge has the right to make such disclosure;Provided, however, that specific aspects of Confidential Material will not be deemed within the foregoing exceptions merely because they are embraced by more general information within those exceptions.
- You will (a) hold in trust and maintain confidential the Confidential Material; (b) not disclose or otherwise make available the Confidential Material to any third party whether orally, electronically, on disk, in writing, or otherwise, or (c) not use for yourself or for any third party any Confidential Material. You will ensure that any person receiving any Confidential Material, including your employees, agents or assistant (collectively the “Representatives”) will be furnished such information on a strict need-to-know basis and that the Representatives will treat it in accordance with the terms of this Agreement.
- The Company may elect at any time to terminate your further access to the Confidential Material and you shall return to the Company all written documents or other materials embodying any Confidential Material, together with all copies, excerpts, abstracts, and/or materials made by you for the Company no later than two (2) calendar days after the Company’s demand to do so. No such termination will affect your obligations hereunder or those of your Representatives, all of which obligations shall continue in effect.
- Because of the nature of the competitive marketplace and the unique nature of the Confidential Material, you hereby acknowledge and agree that your breach of any provision of this Confidentiality provision will result in immediate and irreparable injury to the Company. You therefore recognize the right of the Company to LIQUIDATING DAMAGES in the amount of PHILIPPINE PESOS: One Million (P1,000,000.00) and to seek and be granted injunctive relief in order to prohibit your further breach of any of the terms of this Confidentiality provision, as well as to seek and be granted all other legal or equitable remedies to which the Company may be entitled. No remedy conferred by this Confidentiality provision is intended to be exclusive of any other remedy, and all remedies now or hereafter existing at law or in equity shall be available to the Company. The election of any such remedy by the Company, will not constitute a waiver of the right to pursue other remedies. If the Company institutes a suit at law or in equity for the purpose of enforcing any of the provisions of this Confidentiality Agreement, you hereby agree that the attorney’s fees plus court costs and other legal expenses shall be for your account.
- If you or any of your Representatives are requested or required (by oral questions, interrogations, requests for information or documents, subpoena, civil investigation, demand or similar processes) by the proper authorities to disclose any Confidential Material, it is agreed that you will provide the Company with immediate notice of such request(s) to the extent practicable so that the Company may seek an appropriate protective order. Further, it is agreed that you will exert best efforts to seek to extend the time allowed for compliance with such request(s), in order to give the Company sufficient time to take appropriate action.
Very truly yours,
ETREGLOBAL ESSENTIALS, INC.