Presenter Terms and Conditions

Patapuss Party Presenters Terms & Conditions

1. This agreement will be formed when accepted by Patapuss by entry into the records of Patapuss as an accepted Patapuss Party Presenter Contract. Patapuss may accept or reject any Patapuss Party Presenter application without the need to give reasons. Patapuss will use reasonable endeavours to inform the Applicant within 30 business days if it rejects their application.

2. This Consultant Agreement is of no fixed duration and may be terminated by either party at any time on the giving of written notice to Patapuss at its current business address or the Applicant at their last advised address as applicable. Patapuss reserves the right to suspend or terminate the Consultant Agreement should these terms and conditions not be adhered to, or for circumstantial reasons outside this document at any time. Patapuss reserves the right to terminate any account that they believe is not in the best interests of Patapuss. If an account is terminated, the outstanding commissions will be paid in full after the end of the month, unless breaches to terms and conditions have occurred.

3. As a Patapuss Party Presenter, the Applicant is authorised to organise and run Patapuss parties, purchase Patapuss products, seek and fulfil orders for Patapuss products, participate in and, if eligible, receive Bonuses, Rebates and Commissions, identify themself as an independent Patapuss Party Presenter and participate in training and support services provided by Patapuss.

4. The Applicant is an independent contractor. The acceptance of this Consultant Agreement does not create any employment, agency, joint venture or partnering relationship between the Applicant and Patapuss. The Applicant is in business on their own account and is responsible for all costs, fees, expenses, taxes, insurances and for the risks and rewards in connection with being a Patapuss Party Presenter.

5. The Applicant may carry out authorised Patapuss activities anywhere within Australia.

6. There are no specified inventory requirements to be a Patapuss Party Presenter apart from a basic $250 start up kit that is added to for maintaining a supply of samples suitable for display at parties. All items must come from the Patapuss range but further items are at the choice and discretion of the Presenter.

7. No Consultant Rewards are payable for the recruitment of Consultants. Patapuss will pay Rebates and Commissions to the Applicant if they become eligible to receive Rebates or Commissions. Consultant Rewards will only be paid by transfer to such bank account in Australia as the Applicant nominates in writing. Patapuss may be required by law to make certain withholdings from Commissions and if so will advise the Applicant of such withholdings.

8. The Applicant hereby indemnifies Patapuss, its directors, officers, consultants, agents and employees from and against any claim, demand, liability, loss, cost or expense (including reasonable legal fees and disbursements) asserted against or suffered or incurred by any of them for any reason directly or indirectly related to or connected with acts, omissions or representations of the Applicant as a Patapuss Party Presenter, breach of the terms of this Consultant Agreement or a failure to comply with any applicable law or regulation. Patapuss has the right to off-set any amounts payable by the Applicant to Patapuss, including the repayment of Consultant Rewards as a result of product returns, against the amount of any Consultant Rewards or other monies payable by Patapuss to the Applicant. The Applicant agrees that this indemnity is their continuing and independent obligation.

9. The Applicant acknowledges and agrees that all the Patapuss trade marks, logos, images, trade names, domain names and product names are proprietary materials owned by Patapuss. The Applicant must not register or attempt to register the Patapuss name, domain names or logos derivative of or similar to the Patapuss name and the Applicant will only use the Patapuss Corporate Literature for the sole purposes of conducting authorisedPATAPUSS Parties. The use of the Patapuss name for any purpose other than to promote the original Patapuss entity is prohibited.

10. As an inducement to Patapuss to enter this agreement and in consideration of the mutual promises made herein, the Applicant shall not in any way, directly or  indirectly, at any time during the Consultant Agreement or within two years after its termination, for whatever reason (a) solicit, divert, or take away Patapuss Consultants for the purpose of any business or entity competitive with Patapuss in Australia; (b) solicit in any manner, any Patapuss employees, vendors or suppliers in Australia for the purpose of any business or entity competitive with Patapuss in Australia; or (c) assist any other person in any manner in an attempt to do any of the foregoing.

11. As an independent contractor the Applicant is responsible to learn about and comply with all laws applicable to direct selling, to the Patapuss Products and to independent business generally, including without limitation in relation to door-to door sales and fair trading requirements, income and payroll taxes, goods and services tax, privacy, superannuation, insurances, discrimination and harassment, occupational health and safety, training and leave entitlements. The Applicant also agrees to comply with the terms of the Direct Selling Association Code of Practice and Patapuss exchange or refund procedures and complaints handling.

12. Patapuss may make such changes as it may reasonably require to the Consultant Agreement on the provision of 30 days prior notice to the Applicant. Patapuss may give notice through the usual channels of communication with Consultants including by email. The Applicant will be deemed to have accepted the change by continuing to order Patapuss Products, organise and run Patapuss parties or accept payment of Consultant Rewards after the effective date of the change.

13. To the extent permitted by law, the Applicant agrees that the liability of Patapuss, its directors, shareholders, officers, employees, agents and assignees for any claim whatsoever and whether in contract, tort or otherwise, in connection with the dealings between the Applicant and Patapuss is limited to the amount of Consultant Rewards (if any) owed to the Applicant at the date of the claim and the amount of unsold product inventory owned by the Applicant that is undamaged and resalable. Patapuss is not liable to the Applicant under any circumstances for consequential, incidental or indirect loss or damages of any kind.

14. If any provision of this Consultant Agreement is held to be invalid or unenforceable such provision shall be deleted and the rest of the Consultant Agreement shall remain in full force and effect.

15. Patapuss may assign the benefit of this Consultant Agreement upon the provision of written notice to the Applicant at the address last notified by them to Patapuss. The Applicant may not transfer or assign this Consultancy or engage another Consultant to undertake parties or otherwise act on their behalf in any matters pertaining to Patapuss.

16. A commission of 25% of the total value of the items on the order is earned per sale. Any cancelled, refunded or fraudulent customer transactions where Patapuss is returning money to the customer will result in the commission being void in the case of a full refund or reduced in the case of a partial refund. In the case of unpaid or dishonoured cheques, money orders and direct deposits, the commission will also be void. Should any refund take place after the commission has been paid, Patapuss reserves the right to deduct the commission from the current commission period.

17. Commissions are paid in the first 10 days of the month, for the month before last. Should the commissions total under $100 then the amount may not be paid that month, but roll over into the next and so forth. Commissions will not be applied to orders that have been placed by customers using promotional codes obtained from advertising material that Patapuss has provided.

18. In the interpretation of these Terms and Conditions, a reference to one gender includes all other genders and a reference to the singular includes the plural. A reference to a person includes a company or other legal entity as well as an individual.

19. This Consultant Agreement shall be governed by and interpreted in accordance with the laws of the state of South Australia, Australia. The language of the Consultant Agreement is English and any translations that may be provided from time to time are for reference only and the English language version shall govern at all times.

20. The Consultant Agreement consists of this document, as amended from time to time. The Consultant Agreement is the entire agreement between the Applicant and Patapuss and no other promises, representations or agreements of any kind shall be valid unless in writing and signed by authorised representatives of both parties.

21. Patapuss reserves the right to modify or amend these terms and conditions at any time. Notice of any changes will be emailed to the Applicant at least two weeks before the changes take effect.

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