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Terms & Condition

Terms & Condition

Upon becoming a member of Goal Achievers Independent Network (herein referred to as GAINLIMITED), the relationship between Goal Achievers Independent Network (GAINLIMITED) and the member (Goal Achievers Independent Networker (GAINER) shall be governed by the terms and conditions set out in this agreement.
1.1 “Agreement” means this goal achievers independent networkers of which, the applicant for a goal achievers independent network business owner appointment and the GAINLIMITED rules form part;

1.2 “Appointment date” means the date GAINLIMITED notify the applicant in writing of acceptance of his application to be an eligible GAINER.

1.3 “GAINLIMITED Rules” means the rules applicable to and binding on business owners, as may be amended from time to time by GAINLIMITED in its discretion.

1.4 “Team” means each of the GAINER’S key appointments and their appointments at each of the 5 stages of earnings.

1.5 “GAINER” means goal achievers independent networker appointed as such by goal achievers independent network ltd.

1.6 “Application for a goal achievers independent network appointment” means the application form to be completed by a person desiring to apply for GAINER status.

1.7 “Plan Holder” means members of the public who has been introduced GAINLIMITED through a GAINER and who subsequently purchase GAINLIMITED premium.

1.8 “Earning” means any income or commission paid to a GAINER on the introduction of a subordinate GAINER either directly or indirectly.

1.9 Up Lines” means the GAINER introducer in GAINLIMITED business opportunity and those who were responsible, whether directly or indirectly for introducing or referring a new GAINER into GAINLIMITED business opportunity up to the 5 earning stages.

2.1 The appointment of a GAINER shall become effective on the appointment date the GAINER pays his membership premium.

2.2 A new appointment of a GAINER can only be achieved through an existing GAINER.

2.3 The GAINLIMITED business opportunity is made available to an “individual” basis and no other forms of ownership will be permitted, ie. Partnership, company’s or trusts. etc.

2.4 Every GAINER is entitled to maximum of 5 appointments only.

2.5 The GAINER is appointed to conduct the business of a GAINER by any legal channel suitable to him.

2.6 No GAINER (member) is an employee or representative of GAINLIMITED and there is therefore no employee relationship between the two.

3.1Strictly apply by the terms of this agreement and any directions given in writing by GAINLIMITED from time to time.

3.2 Observe all applicable laws, rules, regulations, codes of conduct and service standards relating in any manner to the performance of his obligations under this agreement.

3.3 A GAINER shall familiar himself and remain up to date with the most current information published by GAINLIMITED including but not limited to the prevailing version of the GAINLIMITED rules.

3.4 A GAINER should attend training sections at GAINLIMITED centres and take advantage of the resources towards building his GAINER team.

3.5 A GAINER shall not make any representation or statement on behalf of or in the name of GAINLIMITED or in the relationship to GAINLIMITED plans, whether to prospective plan holders or otherwise, except as approved in writing by GAINLIMITED

3.6 A GAINER is liable to his conventional cost, and also responsible for any tax liability, levies, charges or deduction of any kind that may arise as a result pursuant of his GAINER success.

3.7 Without any prior notification of GAINLIMITED, a GAINER shall not institute proceedings against another third party (another GAINER) in respect of any claims in connection with his activities as a GAINER without GAINLIMITED express prior written approval.

3.8 A GAINER can make suggestions writing, email, fax or phone on how GAINLIMITED can be improved, but it is the sole responsibility of GAINLIMITED decline or accept any such suggestions.

3.9 Subject to the GAINER complying with his obligations under this agreement, the GAINER shall be entitled receive earnings and bonuses payments calculated in accordance with the GAINLIMITED rules.  

4.1 The GAINER is an independent contractor for GAINLIMITED. Therefore, there shall not in any manner of employer – employee relationship for any purpose whatsoever of any relevant legislation that may normally be applicable to an employer – employee relationship between the parties

4.2 A GAINER shall not be entitled to any benefits available to GAINLIMITED employees.

4.3 Not have access to or operate from GAINLIMITED premises.

4.4 Be liable of his own operational costs.

4.5 Upon termination of this agreement, a GAINER has no right in respect of redundancy or retrenchment or any right to retirement procedures, severance pay or other benefits generally afforded to employees.

4.6 Nothing herein shall be construed as creating an agency, partnership, or joint venture between GAINLIMITED and GAINER and the GAINER shall have no authority to the followings.

4.7 Bind GAINLIMITED to any agreement or contract.

4.8 Incur debt or other liability on behalf of GAINLIMITED.

4.9 Obtain any credit facilities either in the name of or on behalf of GAINLIMITED.  

4.10 Make any representations on behalf of GAINLTD in anyway whatsoever.

4.11 Accept, alter, discharge, wave or terminate any policy on behalf of GAINLIMITED.

5.1 The GAINER undertakes to treat as strictly confidential all information of any nature whatsoever which he may obtain pursuant to this agreement or arising from the implementation of this agreement, however such information may be disclose to him including without limiting the aforegoing whether orally, visually or in electronic media. 

5.2 Any confidential information including personal information, know-how, trade secrets, technics, methods of marketing and operating costs, obtain by the GAINER in performing is obligation under this agreement is proprietary to GAINLIMITED, and is been made available to him and or will otherwise come into his possession solely for the purpose of fulfilling his obligation under this agreement.

5.3 The GAINER shall not disclose GAINLIMITED confidential information to any person other than as may be approved in writing by GAINLIMITED

5.4 The GAINER shall take all necessary security precautions to keep confidential GAINLIMITED confidential information.

5.5 The GAINER acknowledge and understands that the unauthorised disclosure of GAINLIMITED confidential information may give rise to irreparable damage to GAINLIMITED.

5.6 The GAINER shall not directly or indirectly use for his benefit or any other persons benefit any of GAINLIMITED confidential information other than for the purposes contemplated under this agreement.

5.7 The GAINER shall not use, copy, reproduce or modify GAINLIMITED confidential information in any away accept for the purpose of performing his obligation under this agreement or on the specific written instruction of GAINLIMITED.

5.8 Personal information means any information provided by any GAINER of GAINLIMITED or collected by the GAINER in connection with this agreement.
(i)Identities or can be used to identify, contact, or locate the person to whom such information pertains.
(ii)From which identification or contact information of any individual person can be derived. Personal information includes but is not limited to; name, address, and credit/debit card or banking information and includes all details of plan holders.

5.9 The GAINER agrees that upon termination of this agreement, the GAINER shall return to GAINLIMITED all copies of any documents, hand written notes, computer disks and any other formant in which GAINLIMITED confidential information is stored.  

5.10 The provision of this clause shall survive termination of this agreement for any reason whatsoever.

6.1 All copyright, trademarks, trade names, logos, designs, devices, patents, know-how, and other intellectual property right in any document, drawings data, marketing or training materials, supplied by GAINLIMITED to the GAINER in connection with the agreement shall remain vested in GAINLIMITED. 

6.2 The GAINER shall not publish, sell or distribute any advertising, training or other materials or conduct any marketing activities relating to or in connection with GAINLIMITED, its marketing methods or its plans without the prior written approval of GAINLIMITED.

6.3 The GAINER shall not use any marketing materials and documents prepared GAINLIMITED for any purpose other than the purpose for which it was provided to the GAINER under this agreement.

6.4 The GAINER shall send unsolicited advertisement in the form of e-mail or fax and shall not engage in spamming in other to promote GAINLIMITED its marketing methods or its plans without the prior written approval of GAINLIMITED.

6.5 The GAINER shall bear the cost of all advertisements or other materials which he publishes with the written consent of GAINLIMITED. Such marketing materials shall indicate on the document that the GAINER is an independent contractor to GAINLIMITED.

6.6 The GAINER agrees that he shall not 
6.6.1Use the name “GAINLIMITED” Goal Achievers Independent Network “GAINER” Goal Achievers Independent Networker or any other trade mark, trade name or logo of GAINLIMITED or its affiliates otherwise than strictly in accordance with this agreement.
6.6.2 Form a company, firm or other entity incorporating as part of his name the word “GAINLIMITED” or any similar wording.
6.6.3 Apply for the registration of this word “GAINLIMITED” Goal Achievers Independent Network “GAINER” Goal Achievers Independent Networker or any similar word, or trademark or trade name or logo of GAINLIMITED as a trade name or trademark.

6.7 On expiration or termination of this agreement, the GAINER shall cease making use of any of GAINLIMITED intellectual property rights and shall immediately deliver up to GAINLIMITED all documents, data, marketing and training materials supplied to the GAINER by GAINLIMITED.

The GAINER indemnifies and agrees to defend and hold GAINLIMITED, and its officers, directors, employers, suppliers, and consultants harmless against all liabilities not limited to claims, demands, fines, penalties, actions, proceedings, judgements, damages, loses, costs, expenses, that may arise directly or indirectly relating to a wrongful act or omission by the GAINER under this agreement in pursuant of his obligation as a GAINER. 

8.1 The GAINER undertakes that for the duration of this agreement and for a period of twelve months from the period of termination of the agreement, he will not directly or indirectly procure, persuade, induce or encourage any. 

8.1.1 Employee of GAINLIMITED to leave GAINLIMITED employment.
8.1.2 GAINER to leave his appointment as a GAINER.
8.1.3 Plan holder to cancel any policy or other GAINLIMITED plan purchased by him

8.2 The GAINER acknowledges that GAINLIMITED will suffer financial harm and loss if the GAINER breaches provisions of clause 8.1. in the event that the GAINER breaches any of the provisions of this clause, in addition to any other remedies which GAINLIMITED may have, GAINLIMITED will be entitled to claim and recover from the advertiser an amount equal to earnings paid to him up to 55% excluding his investment capital.

For the duration of this agreement, the GAINER undertakes not to be involved in any manner whatsoever, in the provision of service or the sales of plans where such services or plans in anyway compete with GAINLIMITED plans or services. 

10.1 Either party is entitled to terminate this agreement, with or without cause, by giving not less than 30 days’ written notice of termination to the other. 

10.2 GAINLIMITED is entitled to terminate the appointment of any GAINER for falsification of any documents or records required by the program. This includes (but not limited to) the GAINER application and any act of dishonesty.

10.3 GAINLIMITED is entitled to terminate the appointment of any GAINER who intent to act or commits any act, which in the opinion of GAINLIMITED adversely affects or is likely to adversely to affect the good will or reputation of GAINLIMITED, the program, any of its officers, directors, employees, contractors, consultants, collaborators, trustees, or other GAINER(s).

10.4 Consequent of any termination or breach for any reason stated in clause 10.2 and 10.3, the GAINER shall forfeit the right to receive any earnings and bonus payments in terms of this agreement with effect from the date of termination.

11.1 The parties choose as address for services for all purposes under this agreement, whether in respect of court process, notices, or other documents or communications of whatsoever nature, the following address. 
Email…info@gainlimited,com, askgainlimited@gmail.com

11.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, but GAINLIMITED shall be competent to give notice by sms, emails or fax.

11.3 Either party may be noticed to the other party change the physical address chosen as its address for service to another address where postal delivery occurs, or its postal address or its e-mail address, provided that the change shall become effective on the 7th business day from the deemed receipt of the notice by the other party.

12.1 All misunderstandings between GAINER(s) and pursuant to their obligations with respect appointment shall be treated by an arbitration committee constituted by managements of GAINLIMITED. 

12.2 All discursions and proceedings must be held in English.

12.3 The parties shall keep evidence in the arbitration proceedings and any order made by any arbitration confidential.

12.4 The provision of this clause 12 are severable and form the rest of this agreement and shall remain in effect even if this agreement is terminated for any reason.

12.5 The arbitrator shall have the power to give default judgement if any party fails to make submission on due date and or fails to appear at the arbitration.

12.6 The decision of the arbitrator will be binding on the parties, without subsequent reviews and without the right to any appeal.

Not-withstanding anything to the contrary, GAINLIMITED shall not be liable to the GAINER for any loss, damage, injury, death, or any indirect or consequential loss of any kind whatsoever arising, including but not limited to any damages suffered as a result of defect in any marketing material, or loss of injury arising as a result of any defect in GAINLIMITED equipment, venues, or vehicles, or aa a result of the GAINER attending any GAINLIMITED meeting, rally, or forum, and regardless of whether caused by the negligence of GAINLIMITED officers, directors, employees, suppliers, trustees, or consultants. 

This agreement constitutes the whole agreement between the parties and supersedes any other discussions, prior agreements and or understandings regarding the subject matter hereof, including but not limited to any prior GAINLIMITED agreement. 
Its contents is subject to periodic amendment by GAINLIMITED without prior notification, but any such amendments shall be communicated properly to all GAINER(s). 

GAINLIMITED reserves the right to change these rules at any time upon 30 days written notice.
15.1 All GAINER will be entitled to earnings if the GAINER has introduced at least 3 or more referrals. 

15.2 A GAINER who is entitled to earnings in accordance with Rule 1 (a GAINLIMITED earner) shall be paid earnings on each plan holder approved by GAINLIMITED.

15.3 Earnings can be earned in respect of Stage1 to Stage5 of a GAINER team. The GAINER(s) earnings in respect of each such stage will be calculated automatically in accordance with the SCHEDULE OF CALCULATION OF GAINLIMITED EARNINGS which incorporated in the GAINLIMITED business presentation, and on GAINLIMITED website respectively.

15.4 A GAINER key appointment will remain the appointment of that GAINER who introduced him as at the appointment date, regardless of whether or not the original GAINLIMITED agreement has been terminated.

15.5 If a GAINER appointment has been terminated for any reason and he wishes to apply again as a GAINER, the original personal data should be relocated to him. The concept of “one GAINER having multiple accounts up to 5 accounts per member” will apply in all instances with the exception of death cession that has been approved in writing by GAINLIMITED.

15.6 This rule reinforces the fact that any introduction will remain the introduction of the original introducer for life.

15.7 Bonuses and Awards may be introduced and amended from time to time. Such bonuses and awards are paid at the discretion of GAINLIMITED or incentives for the continued support and growth of the GAINER(s) business.

15.8 GAINLIMITEDallow up to 5 multiple accounts by a GAINER membership from a single person.

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