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PARTNER'S TERMS & CONDITIONS

1. Introduction

1.01

Big Wave Group Sdn. Bhd. BIG contains an unique Trinity modules, combined with Self-media Entrepreneurial Platform, Self-media Academy, and Social Shopping Mall.  Big Wave vouched to support entrepreneurs in achieving their goals.

1.02

Big Wave is a brand owned by Big Wave Group Sdn. Bhd., hereafter referred to as “Big Wave”.

1.03 (a) Company Policies have been implemented to provide restrictions, rules and regulations for proper sales and marketing procedures and to prevent improper, abusive or illegal acts. Such Company Policies are revised, modified and added to, from time to time. (b)  Big Wave does not represent that an Agent will achieve financial success without working or by relying solely on the efforts of others. Compensation in BIG WAVE is based upon the sale of its products and services. Each Agent is an independent contractor whose success or failure depends on personal effort. (c)  The fundamental goal of the BIG WAVE marketing plan is to promote the sale and use of high quality products and services to consumers. The primary purpose of the Agent is to promote the sale and use of these products and services to consumers, directly and by building a sales organization. (d)  The Agent regardless of his/her level in the TROFIT Agent Marketing Plan is encouraged to make retail sales each month and keep records of such sales. (e)  A successful Agent gains current knowledge of the market by attending training meetings, maintaining personal retail customers, and referring other Agents to sell to retail customers. (f)  Agents who have questions or need clarification should contact Customer Services Support at (603)-7876 3363 (Malaysia) or email to support@bigwavemall.com

1.04

(a) The company policies shall be published on the BIG WAVE Company website at trofitshop.com and shall become effective 14 days after publication.

(b)  Each Agent has an obligation to become familiar with the Company Policies in existence at the time of enrolment and as revised, modified or amended by the Company.

(c)  Each Agent, upon signing the Big Wave Agent Application form, agrees to abide by TROFIT Company Policies. Language therein specifically refers to the Agent’s contractual commitment to follow BIG WAVE Company Policies. The placing of orders for product with BIG WAVE is a reaffirmation of such commitment to abide by the Company Policies. Any acts or lack of action, which results in a misuse, misrepresentation or violation of the Company Policies, may cause termination of the license granted to use BIG WAVE’s registered trademarks, service marks, and other marks, including the right to buy and distribute BIG WAVE products and services.

(d)  Notwithstanding the foregoing, any revision, modification, amendment to the Company Policies referenced therein and available on BIG WAVE’s Company website at www.bigwavemall.com, shall not apply to a dispute of which the Company has actual notice of prior to the effective date of such revision, modification, amendment or termination. The effective date of any such revision, modification, amendment or termination shall be 14 days after the revision, modification, amendment or termination is posted on the BIG WAVE Company website at trofitshop.com.

2. Definitions

Retail Price (RP): The price, not including taxes, at which the Company recommends that products be sold to Retail Customers.

Personal Purchase (PP): The purchase made by your own agent’s account.

Big Reward Point (BRP): All level of Agents will earn Reward Points, calculated based on 1% on the Retail Price (RP) from every personal purchase. The Reward Points can be used to redeem against gifts and items determined by the company, such as Products, Workshops, Courses, Premium items, etc. and all Reward Points must be utilized within 24 months. All unutilized Reward Points will be forfeited. Reward Points are not transferrable and not exchangeable for Cash.

Retail Customer: One who purchases BIG WAVE products through authorized channels and has not yet applied to be an Agent by submitting an Application to the Company.

Referrer Agent: One who referring someone to his/her sales organization.

Active Agent (Big Ambassador, Big Executive & Big Manager): An Agent, except for Big Ambassador, who has RM100 Retail Sales (RP) or more by personal purchase (PP) during a calendar year. The Active status of an Agent is part of the qualification requirement to receive Retail Discount and commissions.

Non-Big-Director Agent: Agent(s) who is at the level of Big Ambassador (BA), Big Executive (BE) and Big Manager (BM), not inclusive of Big Director (BD).

Big Director (BD) Group Sales: Big Director (BD) Group Sales inclusive of the Sales in retail price arrived from your 1st level of Big Directors, inclusive of Big Ambassador, Big Executive and Big Manager in his/her organisation, and 2nd level of Big Directors, inclusive of Big Ambassador, Big Executive and Big Manager in his/her organisation.

Bonus: A cash payment from the Company to a Qualified Agent.

(a)  Personal Bonus (PB):

  1. A direct discount of 15% of the Retail Price of his/her personal purchase of BIG WAVE products.
  2. A bonus payment of 15% of the Retail Price of his/her personally-referred Retail Customers of BIG WAVE products.
  3. A bonus payment of 5%-15% of the Sales in Retail Price (RP) of the personal purchases of BIG WAVE products.

(b) Personal Distribution Bonus (PDB): A cash payment to a qualifying Agent of 5%-15% of the Sales in Retail Price (RP) of the Personal Accredited Sales of a downline Agent.

(c) Direct Bonus (DB): A cash payment to a qualifying Agent of 3% of the Sales in Retail Price (RP) generated by personally referred Agent (at same or higher rank, first level only).

3. Product Return Policy and Warranty

3.01

If any damaged, defective or incorrect items are received, refund or replacement request is only valid within fourteen (14) days after the parcel is received. Big Wave may refund the purchase price (plus applicable tax if prepaid) of currently Marketable products that are returned by an Agent or Customer due to the above reason(s), less shipping costs and paid Bonuses to all levels of Agents, if the request is approved by the company.

3.02

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

3.03

To complete your return, we require a receipt or proof of purchase. Any item not in its original condition, is damaged or missing parts for reasons not due to our error, will not be eligible for refund or replacement.

3.04 Refunds (if applicable)

Once your return item is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or replacement.

3.05

If your request is approved, the refund will be processed and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

3.06

If you have not received your refund or replacement after submitted all the required information, please contact our customer service at support@bigwavemall.com

3.07

Big Wave Group Sdn Bhd reserves the right to Recoup Unearned Bonuses. Bonuses are paid to Agents based on the purchase of Company products by retail customers or by members of their Agent Organization

3.08

When products are returned, the Company has the right to recoup the Bonuses that were paid based on the purchase of the products that were returned. The Company may recoup these Bonuses by requiring an Agent to pay the Company directly, or the Company may withhold the amount of the Bonus from future Bonus payments.

3.09 Replacement (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@bigwavemall.com and send your item to the following Shipping address.

However, when a replacement is not feasible, the Company reserves the right to issue a credit for the amount of the exchanged products.

3.10 Shipping

To return your product, you should mail your product to:

BIG WAVE GROUP  SDN BHD

Unit 30-15, Tower 3, Icon City,

Jalan SS 8/2, Sungai Way, Selangor,

47300 Petaling Jaya,

Selangor. Malaysia.

3.11

You will be responsible for the shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

3.12

This refund procedure may vary in jurisdictions where different repurchase requirements are imposed by law. Applicable laws may dictate the terms of the refund policy.

3.13

Big Wave Group  Sdn Bhd reserves the rights to alter and/or amend the above Product Return Policy as and when needed, without prior notice.

4. Agent Marketing Plan

4.01

Upon becoming an Authorized Agent with the right to sell BIG WAVE products and refer other Agents to sell BIG WAVE products. The combined sales volume generated by the Agent and his/her subsequent organization qualify the Agent to receive Sales Level promotions, and increased Discounts and Bonuses as outlined below.

1.01

Big Wave Group Sdn. Bhd. BIG contains an unique Trinity modules, combined with Self-media Entrepreneurial Platform, Self-media Academy, and Social Shopping Mall.  Big Wave vouched to support entrepreneurs in achieving their goals.

4.02 Big Ambassador Agent (BA)
To qualify as Big Ambassador Agent, the following must be achieved, unless otherwise noted:

  • One who, having purchased at least a Big Member Pack at Retail Price determined by the company, within 3 months after receiving the approval email as an Agent.

The Big Ambassador Agent receives:

  • 15% Discount on Retail Price for personal purchase.
  • 3% Direct Bonus on the Retail Price (RP) generated by personally referred Agent (same or higher rank, first level only).
  • In order to receive Direct Bonus, the Big Ambassador Agent need to achieve Purchase Sales of RM100 in Retail Price (RP).
  • Please note that the above discount rates are for BIG WAVE products only; for non-BIG WAVE products, the discount will differ, depending on the individual product.
  • 1% Reward Points (RP) on Personally Purchase products, calculated based on the Retail Price (RP). Reward Points are used to redeem gifts and/or items determined by the company and has expiry date of not more than 24 months.

4.03 Big Executive Agent (BE)

To qualify as Big Executive Agent, the following must be achieved, unless otherwise noted:

  • Big Executive Agent is achieved by generating a total of two thousand RM2,000 Sales in Retail Price (RP) by personal purchase in any particular month.

The Big Executive Agent receives:

  • 15% Discount on Retail Price for personal purchase (Big Wave products only).
  • 5% Personal Bonus on Personally Purchase products, calculated based on the Retail Price (RP).
  • 5% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Ambassador Agent(s) (BA) and their downline agents, excluding agents that with higher ranking than Big Ambassador Agent.
    In order to receive Personal Distribution Bonus, the Big Executive Agent has to achieve minimum RM100 Personal Purchase in Retail Price (RP).
  • 3% Direct Bonus on the Retail Price (RP) generated by personally referred Big Executive Agent (at same or higher rank, first level only).
    In order to receive Direct Bonus, the Big Executive Agent has to achieve minimum RM100 Personal Purchase in Retail Price (RP).
  • 1% Reward Points (RP) on Personally Purchase products, calculated based on the Retail Price (RP). Reward Points are used to redeem gifts and/or items determined by the company and has expiry date of not more than 24 months.

4.04 Big Manager Agent (BM)

To qualify as Big Manager Agent, the following must be achieved, unless otherwise noted:

  • Big Manager Agent is achieved by generating a total of three thousand RM3,000 in Retail Price (RP) in any particular month by:

    (a) personal purchase; or

    (b) combine sales volume of RM5,000 in Retail Price by agents in his/her organization (except for Big Director Agents), where RM500 in Retail Price (RP) must be generated by personal purchase.

The Big Manager Agent receives:

  • 15% Discount on Retail Price for personal purchase (Big Wave products only).
  • 10% Personal Bonus on Personally Purchase products, calculated based on the Retail Price (RP).
  • 10% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Ambassador Agent(s) (BA) and their downline Big Ambassador agents, excluding agents that with higher ranking than Big Ambassador Agent.
  • 5% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Executive Agent(s) (BE) and their downline agents, excluding agents that with higher ranking than Big Executive Agent.
    In order to receive Personal Distribution Bonus, the Big Manager Agent has to achieve minimum RM100 Personal Purchase in Retail Price (RP).
  • 3% Direct Bonus on the Retail Price (RP) generated by personally referred Big Manager Agent (at same or higher rank, first level only).
    In order to receive Direct Bonus, the Big Manager Agent need to achieve minimum RM100 Personal Purchase in Retail Price (RP).
  • 1% Reward Points (RP) on Personally Purchase products, calculated based on the Retail Price (RP). Reward Points are used to redeem gifts and/or items determined by the company and has expiry date of not more than 24 months.

4.05 Big Director Agent (BD)

To qualify as Big Director Agent, the following must be achieved, unless otherwise noted:

  • Big Director Agent is achieved by generating a total of right thousand RM8,000 Sales in Retail Price (RP) in any particular month by:

    (a) personal purchase; or

    (b) combine sales volume of RM12,000 in retail price by agents in his/her organization (except for Big Director Agent), where RM500 in Retail Price (RP) must be generated by personal purchase.

    (c) If an Agent’s downline Agent also qualifies as an Big Director Agent during the same period, the Agent will be qualified as an Big Director Agent if
  1. He/she is an Active Agent during the same period, and
  2. He/she has at least RM500 Personal Purchase in Retail Price (RP) in the month of qualification from Agents in downlines other than that of the Big Director Agent moving up in the same Month.

The Big Director Agent receives:

  • 15% Discount on Retail Price for personal purchase (Big Wave products only).
  • 15% Personal Bonus on Personally Purchase products, calculated based on the Retail Price (RP).
  • 15% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Ambassador Agent(s) (BA) and their downline Big Ambassador agents, excluding agents that with higher ranking than Big Ambassador Agent.
  • 10% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Executive Agent(s) (BE) and their downline agents, excluding agents that with higher ranking than Big Executive Agent.
  • 5% Personal Distribution Bonus on the Retail Price (RP) generated by personally referred Big Manager Agent(s) (BM) and their downline agents, excluding agents that with higher ranking than Big Manager Agent.
    In order to receive Personal Distribution Bonus, the Big Director Agent has to achieve minimum RM100 Personal Purchase in Retail Price (RP).
  • 1% Reward Points (RP) on Personally Purchase products, calculated based on the Retail Price (RP). Reward Points are used to redeem gifts and/or items determined by the company and has expiry date of not more than 24 months.

The Big Director Agent is eligible to:

  • Receive 3 Level Volume Bonus.
  • Participate in the Incentive Trip program.
  • Participate in the Big Crown Incentive program.

4.06  Agent 12-month Policy

An Agent, except for Big Ambassador (BA), who has not made a purchase for 12 consecutive calendar months will be automatically demoted to Big Ambassador Agent level.

4.07 Activity Qualification

  1. To qualify for all Bonuses and Incentives, except Personal Discounts, an Agent must be Active and meet all other requirements of the Marketing Plan during the calendar month in which the bonuses were accrued.
  2. An Agent who does not meet the requirements of the Marketing Plan, will not be paid an Personal Distribution Bonus and Direct Bonus that month. Any unearned Personal Distribution Bonus will be paid to the next Active Superior Agent. In turn, his/her bonus will be paid to the next Active Superior Agent and so on.
  3. An Agent who forfeits any Personal Distribution Bonus may re-qualify the following month (with no retroactive application) as an Active Agent and meet the requirements of the Marketing Plan.
  4. An Agent who has been demoted to Big Ambassador level as per the 12-Month Policy is eligible to be sponsored again in any Agent line, but without a restoration of any previous Agent Level or downline agent organization.

4.08 Bonus Calculations and Payments

  1. For BIG WAVE products, all bonuses are calculated on the Retail Price (RP) as set forth in the Agent’s monthly bonus statement.

  2.  For BIG WAVE products, all discounts are calculated on the Retail Price. Please note that for local/non-BIG WAVE products, a different percentage of discount will be applied, depending on the individual product.

  3. Discounts and bonuses are calculated based on the level reached when the order is accepted in the current month. Higher discounts and bonuses are effective in the month of upgrading to a higher level.

  4. An Agent does not receive an Personal Distribution Bonus on any Agent in his/her referred group who is at the same level in the marketing plan. However, he/she may receive a Direct Bonus if he/she meets the requirements in the marketing plan.

  5. Bonuses are paid on the fifth teen (15th) of the month following that in which product was purchased from the Company. Example: bonuses for January purchases are paid on February 15th.

  6. Any 3rd-party charges or fees accrued on payments made to an Agent outside the Country in which the Profits/Bonuses are earned will be the responsibility of the Agent.

5. 3-Level Volume Bonus

5.01

After an Agent becomes a Big Director Agent, he/she can qualify 3-Level Volume Bonus by developing and supporting Agents by continuing to refer and train Agents.

5.02

(a) A Big Director Agent who is Active and has RM1,000 Personal Purchase in Retail Price (RP) during the current Month, qualifies for 5% of 3-Level Volume Bonuses generated during that month by the Personal and Non-Big-Director Sales (inclusive of Big Ambassador, Big Executive and Big Manager).

(b) A Big Director Agent who is Active and has RM1,000 Personal Purchase in Retail Price and RM1,000 Sales volume generated by Non-Big-Director in Retail Price (RP) during the current Month, qualifies for 5% of 3-Level Volume Bonuses generated during that month by the first level of the Qualified Big Director Agent and their non-big-director agents.

(c) A Big Director Agent who is Active and has RM1,000 Personal Purchase in Retail Price and RM2,000 Sales volume generated by Non-Big-Director in Retail Price (RP) during the current Month, qualifies for 5% of 3-Level Volume Bonuses generated during that month by the second level of the Qualified Big Director Agent and their non-big-director agents.

5.03

A Big Director Agent who is not Active, has not made a purchase for 12 consecutive calendar months, loses eligibility to qualify 3-Level Volume Bonus.

6. Big Crown Incentive

6.01

A Big Director Agent shall receive Big Crown Incentive when he/she meets the following requirements:

  1. Be an Active Big Director Agent and achieve a minimum of RM100 Retail Price (RP) per month by personal purchase during the incentive period from 1st January to 31st December; and
  2. Accumulate Personal Sales of RM12,000 (retail price) in a calendar year; and
  3. Accumulate Non-Big-Director Group Sales of RM1 million (retail price) in a
    calendar year; and
  4. Accumulate Big Director Group Sales of RM2 million (retail price) in a calendar
    Year (Inclusive of the 1st and 2nd levels of the Big Director Group Sales).

6.02

Big Crown Incentive Qualifiers will receive RM10,000 Cash per month for 12 consecutive months after he/she meets the above requirements.

7. Incentive Trip

7.01

An Agent can qualify for a trip for one or two to the destination decided by the company (within Asia), including airfare, lodging, meal and activity allowances. This Incentive Trip is not exchangeable for cash and not transferable.

7.02 Incentive Trip for 1pax

The following requirements must be achieved, unless otherwise noted:

  1. Be an Active Big Director Agent and achieve a minimum of RM100 Retail Price (RP) per month by personal purchase during the incentive period from 1st January to 31st December; and
  2. Accumulate Personal Sales of RM12,000 (retail price) in a calendar year; and
  3. Accumulate Non-Big-Director Group Sales of RM75,000.00 (retail price) in a calendar year; and
  4. Accumulate Big Director Group Sales of RM75,000.00 (retail price) in a calendar Year (Inclusive of the 1st and 2nd levels of the Big Director Group Sales).

7.03 Incentive Trip for 2pax

The following requirements must be achieved, unless otherwise noted:

  1. Be an Active Big Director Agent and achieve a minimum of RM100 Retail Price (RP) per month by personal purchase during the incentive period from 1st January to 31st December; and
  2. Accumulate Personal Sales of RM12,000 (retail price) in a calendar year; and
  3. Accumulate Non-Big-Director Group Sales of RM150,000.00 (retail price) in a calendar year; and
  4. Accumulate Big Director Group Sales of RM150,000.00 (retail price) in a calendar year (Inclusive of the 1st and 2nd levels of the Big Director Group Sales).

8. Re-sponsoring Policies

8.01 30 Days Cooling-Off Period

A new agent has a 30 days cooling-off period to re-select another agent as his referrer. A new agent can only change the referrer once during the 30 days cooling-off period.

8.02

An existing Agent can re-sponsor under a different Referrer provided that, during the preceding 12 months, he/she has:

  1. Not purchased or received any BIG WAVE products, either from the Company or from any other source, and
  2. Not received payments of any kind from an Agent, and
  3. Not referred any other individuals to become BIG WAVE Agent.
  4. Submit application to Big Wave and approved by the management.

8.03 Spouse

If the spouse of a legally married Agent who is not being re-sponsored wishes to create his/her own Big Wave Business, he/she must do so by sponsoring directly under his/her spouse or directly under the spouse’s Referrer Agent.

8.04

A re-sponsored Agent begins again as Big Ambassador Agent under the new Referrer Agent and loses any downline Agents acquired to that point in all countries into which he/she was previously sponsored.

9. Prohibited Activities

9.01

The Management’s decision to terminate a Big Wave Business or to disallow, realign or adjust Bonuses, Sales Volume, compensation or any incentive awards for any Agent’s involvement in activities or commissions that are not in conformance with Company Policies shall be final. Intentional acts of omission and disregard for the Company Policies by an Agent shall be severely dealt with which may include termination and legal action for damages.

9.02

Prohibited activities causing grounds for termination and liability for any damages caused by such acts include, but are not limited to, the following conduct:

(a) Fraudulent Sponsoring. An Agent is prohibited from sponsoring individuals without the knowledge of and execution of a Big Wave Agent Application and Agreement by such individuals; the fraudulent sponsoring of an individual as an Agent; or the sponsoring or attempted sponsoring of non-existent individuals as Agents or Customers (“phantoms”) to qualify for commissions or bonuses.

(b) Proxy Purchasing. An Agent is prohibited from purchasing product in any other than his/her own name.

(d) Selling to Another Agent. In addition to retail activities, an Agent is prohibited from selling product to any Agent other than his/her personally-sponsored Agents, but at not less than the discounted price the Agent entitled to. Any other sale to another Agent, either directly or indirectly, is a prohibited transaction for both the selling and the buying Agent. The equivalent Sales Volume of such a prohibited sale shall not be allowed for purposes of meeting the Active requirement or qualification requirement for any other benefits within the Agent Marketing Program. Resulting adjustments shall be made for this non-compliance.

(e)  An Agent is prohibited from any action or failure to act which evidences intentional disregard and gross negligence of Company Policies.

(f)  Selling in Stores.

  1. Except as herein provided in this Section below, an Agent is prohibited from permitting Company products to be sold or displayed in retail stores, flea markets, or like exhibitions. However, exhibitions for a period of less than one week in a twelve-month period at the same venue are considered temporary and are therefore permitted after receiving written approval from the management of Big Wave.
  2. An Agent who has a service-oriented office, barber shop, beauty shop or health club is permitted to display and sell products within that office, shop or club. However, exterior signs or window displays by such Agent to advertise the sale of Company products are prohibited.
  3. An Agent is prohibited from selling or marketing Big Wave brand products except that it be in its original packaging.

(g) Using Unauthorized Literature. The Company’s prior written approval is required to use, produce or sell any sales aid or materials, other than those provided by BIG WAVE.

  1. An Agent is prohibited from promoting or selling any sales aid, training materials, websites or Apps not provided by BIG WAVE, except to Agents within his or her own organization.
  2. Such materials offered for sale to his or her own Agents must be approved by BIG WAVE, and be sold at a reasonable price.

(h) Selling Online. An Agent is prohibited from transacting the sale of Big Wave product using any internet based sales channel other than the Company provided retail storefront at www.bigwavemall.com, Big Wave Mobile APP or Company approved 3rd party website.

(i) Selling to Others for Resale. An Agent is prohibited from selling BIG WAVE products to anyone for the purpose of resale or entrusting others to sell BIG WAVE products.

(j) Making Product Claims. Agents may not make any representation, expressly or by implication, that Big Wave products can prevent, diagnose, treat or cure any disease or medical condition. Big Wave products that are intended to be ingested into the body are purely nutritional and/or nutritional supplements and are, therefore, regulated throughout the world as food. Big Wave products that are intended to be used on the body are regulated throughout the world as cosmetics. Big Wave does not produce or distribute any products that are to be considered or described as a medicine, treatment or cure.

(k) Making Earnings Claims. Agents may not make any representation, expressly or by implication, regarding the amount or level of income, including full-time or part-time income, that a prospective Agent can reasonably expect to earn. Implied representations of income that an Agent reasonably can expect to earn include, but are not limited to, representations and/or images used to show a dramatically improved, luxurious or lavish lifestyle.

(l) Operating Business by Proxy. A Big Wave Business, and any resulting agents, created or operated by proxy, either intentionally or inadvertently, is prohibited, and shall be adjusted for compliance with Company Policies by the Management.

(m) Exporting Product. An Agent is authorized to purchase product for the purpose of selling and using said product in the country in which it was purchased. An Agent is prohibited from purchasing product for the purpose of exporting said products to a country outside the country in which it was purchased, except for his/her personal and family use in a country where there is no authorized BIG WAVE office

(n)  Advertising Price of Product. An Agent is prohibited from any form of advertising of our products at any price below the Suggested Retail Price. This includes a stated price or any other pricing formula that reduces the price paid for any Big Wave product to below that of Standard Retail Price.

(o)  An Agent is prohibited from attempting in any manner to induce, coerce or persuade any other Agent to terminate his or her position, cease doing business or reduce his or her business building activities for any reason.

10. Company Policies

10.01

The Agent relationship with BIG WAVE is one of a contractual nature. Only adult individuals, 18 years of age or older, may contract with BIG WAVE to be an Agent.

10.02

An AGENT is allowed, subject to specific conditions, to register a closely-held business entity to hold his/her Big Wave Business. A closely-held business entity shall be defined as a business entity held by the original primary Agent, or if required by law or approved by BIG WAVE, two (2) shareholders, owners, members or trustees will be allowed who must be directly involved in the day-to-day operation of the business (hereinafter referred to as the “Business Entity”). In addition to compliance with all of BIG WAVE standard Big Wave Business requirements and BIG WAVE Company Policies, the individual Agent(s) will be required to execute a Big Wave Business Entity Agreement, which shall supplement, be incorporated and considered part of the Big Wave Agent Agreement, outlining the additional terms and conditions under which the AGENT agrees to operate as a Business Entity. The Big Wave Business Entity Agreement can be obtained in the Forms and Downloads link available under Big Wave Agent Dashboard after signing in as an Agent at www.bigwavemall.com.

10.03

The Agent is solely responsible for seeking individual professional advice regarding the establishment of a business entity, its tax effects and any other contingent legal issues. BIG WAVE explicitly disavows any responsibility and liability pertaining to an Agent’s decision to operate his/her Big Wave Business as a Business Entity. BIG WAVE does not represent nor shall give any tax, accounting or legal advice regarding assigning one’s Big Wave Business to a Business Entity.

10.04 

The Company shall not be liable for any loss of profit, indirect, direct, special or consequential damages, and for any other losses incurred or suffered by an Agent as a result of transferring one’s Big Wave Business from his/her individual name to a Business Entity.

  1. An Agent is considered an Independent Marketing Contractor, and is required to conduct his/her business within the terms of the Big Wave Business Agreement, and in compliance with the Company Policies that are applicable in the country in which he/she is conducting business.

  2. A Big Wave Business consists of the person named on the Big Wave Agent Application form on file at the management office. If the spouse of a legally married Agent wishes to create his/her own Big Wave Business, he/she must do so by sponsoring directly under his/her spouse or directly under the spouse’s Referrer.

  3. An Agent shall be held responsible to properly manage his/her Big Wave Business, specifically but not limited to, preventing family members from using information obtained through such Big Wave Business to circumvent compliance of Company Policies required or evolving from the Big Wave Business of the Agent. An Agent’s failure to properly manage his/her Big Wave Business may result in termination.

  4. In the event that the downlines of an Agent sponsor into a foreign country and the Agent has not previously been sponsored into that country, the Agent will be automatically sponsored into that foreign country and agrees to the prevailing policies and local laws of that foreign country and agrees to be bound by the dispute resolution policies set forth herein.

10.05

BIG WAVE agrees to sell the Agent product and pay Commission as provided in the Company Marketing Plan, provided the Agent is not in violation of such Agent’s contract with BIG WAVE.

10.06

An Agent may develop his/her own marketing techniques, so long as they are not in violation of any Company, state, federal or jurisdictional rules, regulations or statutes.

10.07

Any transfer other than by inheritance of a Big Wave Business, without prior Company approval, is prohibited and any such transfer shall be void. For the purpose of this provision, a change of beneficial interest of a Trust held Big Wave Business shall be treated as a transfer, which requires written approval by the Company to be valid.

10.08

Except as herein provided, an Agent is prohibited from, directly or indirectly, changing Sponsors after the 30 days cooling-off period. BIG WAVE will only consider the first valid Application received by the Management Office. Subsequent applications shall be disallowed.

10.09 

When an Agent changes their residence to a different country, he/she must notify the old country of residence so that the address can be changed and a new Home Country assigned.

10.10 Errors or Questions. 

If an Agent has questions about or believes any errors have been made regarding bonuses, downline activity reports, charges, or changes, the Agent must notify BIG WAVE within thirty (30) days of the date of the purported error or incident in question. BIG WAVE is not responsible for any errors, omissions or problems not reported within thirty (30) days.

10.11 Voluntary Termination.

  1. An Agent may terminate his/her Big Wave Business by submitting a written request, signed by all named individuals appearing on the current approved Big Wave Business. The effective termination date is the date on which the management office accepts the termination request. The terminating Agent forfeits the current sales level and all downlines agents, including those in foreign countries, established at the time.

  2. Once an Agent terminates, the spouse (if on the same Agent Business) is also considered terminated.

  3. After 12 months, a terminated Agent may reapply subject to management approval. Upon such approval the Agent will enter as a Big Ambassador Agent, and will not have the previous agent organization restored.

10.12 Termination or Suspension for Cause.

  1. Termination means a severance of all domestic and international privileges and contractual rights available to an Agent, including the privilege to buy and distribute the products. The Termination will result in the inability to qualify for Bonuses, and severance of participation in all other benefit programs sponsored by the Company.

  2. A terminated Agent shall, upon demand by BIG WAVE, be liable to repay, return or compensate BIG WAVE for any benefit programs, prizes, inventories, or bonuses received from BIG WAVE from and after the date of the activities causing such Termination. After recouping any costs or damages resulting from the terminated Agent’s conduct, forfeited bonuses, caused by such Termination, shall be paid to the next qualifying Agent referrer who is not in violation of any of the Company Policies.

  3. After 12 months, a terminated Agent may reapply subject to management approval. Upon such approval the Agent will enter as a Big Ambassador Agent, and will not have the previous agents organization restored.

  4. Suspension is a temporary status that prohibits an Agent from placing orders, receiving profit and bonus payments, and sponsoring other Agents.

  5. The profits and bonuses of a Suspended Agent shall be held until the Agent is either reinstated or terminated. If reinstated, the withheld payments shall be paid to the Agent; otherwise they shall be disbursed in accordance to the marketing plan.

11. Legal

11.01 Dispute Resolution/Waiver of Jury Trial.

If a controversy or claim arising out of or relating to the Agent relationship or BIG WAVE products cannot be resolved by negotiations, the Company and Agent agree that in order to promote to the fullest extent reasonably possible a mutually amicable resolution of the dispute in a timely, efficient and cost-effective manner, he/she will waive his/her respective rights to a trial by jury and settle their dispute by submitting the dispute to the Malaysian Arbitration Association for binding arbitration in Malaysia. The Big Wave Agent Application and Agreement shall be governed in all respects by the laws of Malaysia.

11.02 Testamentary Transfers.

  1. The transfer or assignment of a Big Wave Business is prohibited except
    in the event of death or legal separation or divorce.
  2. To transfer a single person’s Big Wave Business on death, such Agent must have a Will or use of a Grantor’s Trust.
  3. The Company recognizes the Right of Survivorship and use of Grantor Trusts as legal means of holding a Big Wave Business and in the event of an Agent’s death, a means of transferring the Big Wave Business to the Survivor or named beneficiary respectively without having to go through probate proceeding to get the property to the intended heir.
  4. If the Big Wave Business is held in a Business Entity, the death of the primary shareholder will not remove the Big Wave Business from the Business Entity so long as the ownership of the Business Entity remains in conformity with Company policies governing ownership of such Business Entity. The transfer will be recognized by the Company when a court order or legal documents addressing the transfer are submitted to and approved by the Company.
  5. Within six (6) months following the date of the Agent’s death, the spouse, trustee or estate representative shall provide notification of such death to his/her management office of BIG WAVE. Such notice is to include a certified copy of the death certificate, a certified copy of the Will or Grantor’s Trust, or Court Order, authorizing the transfer of the Big Wave Business to a qualified successor. After six (6) months from the date of death, BIG WAVE may remove the deceased Agent from the Big Wave Business. Giving timely notification and providing the required documentation for a successor’s interest, will be required to prevent a suspension and/or termination of the Big Wave Business. If based on valid reasons, a request for a reasonable extension of time to provide transfer documents may be submitted to the deceased Agent’s BIG WAVE management office prior to the end of the six (6) month period. BIG WAVE reserves the right to make payments to the spouse, beneficiary, trustee or legally authorized personal representative of the estate of a deceased Agent pending the timely submission of appropriate legal documentation.
  6. The inheritable rights to a Big Wave Business are limited and restricted as follows:
    1. The heir must be a person who can qualify as an Agent.
    2. Because the heir must be an adult individual, a trust or guardianship may have to be established for multiple heirs or minor children. In the event a trust is established, a copy must be placed on file with BIG WAVE. Its terms must clearly allow the trustee to act as an Agent. A guardian or a trustee of a testamentary trust must be appointed by the court of proper jurisdiction and receive specific approval to be an Agent on behalf of the minors.
    3. A trustee or guardian shall retain the Agent status so long as the Big Wave Agent agreement is not violated, until the beneficiaries have attained the age of majority, and an heir accepts the responsibility of operating the Big Wave Business with prior approval of the court.
    4. A trustee, guardian, spouse or other representative-type Agent shall be responsible for the actions of the beneficiary, ward, or his/her spouse for purposes of following the policy terms of the Big Wave Agent agreement. A violation of Company Policies by any of the above individuals may result in termination of the Big Wave Business.
    5. The inheritable Big Wave Business position within the Company Marketing Plan is limited to recognition at no higher than that of Big Director Agent. However, bonuses shall be paid at the same levels and requirements as held by the deceased. Big Wave Business positions below Big Director Agent shall be inherited at that level.

12. Confidential Information and Nondisclosure Agreement

  1. Agent Sales Reports and all other reports and genealogical information, including, but not limited to, agent sales organization information and commission statements, are private, proprietary and confidential to BIG WAVE.
  2. Every Agent who is provided with such information must treat it as private and confidential and take care to maintain its secrecy and refrain from making any use thereof for any purpose other than the management of their downline sales organization.
  3. An Agent may have access to private and Confidential Information which he/she acknowledges to be proprietary, highly sensitive and valuable to BIG WAVE’s business and is being made to him/her solely and exclusively for purposes of furthering the sale of BIG WAVE products and prospecting, training and sponsorship of third parties who may desire to become Agents and to further build and promote his/her BIG WAVE business.
  4. “Trade Secret” or “Confidential Information” shall also mean information, including a formula, pattern, compilation, program, device, method, technique or process, that:
    1. derives independent economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and
    2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
    3. Whenever BIG WAVE makes information available to the Agent, it shall be for the sole purpose of conducting BIG WAVE business.
    4. An Agent is prohibited from using, disclosing, duplicating or otherwise making any Trade Secret or Confidential Information available to anyone other than Agents, without the prior written consent of BIG WAVE.
    5. An Agent is prohibited from, directly or indirectly, using, capitalizing upon or exploiting any Trade Secret or Confidential Information for his/her own benefit, or for the benefit of anyone else, other than for the purpose of conducting his/her BIG WAVE business.
    6. An Agent shall maintain the confidentiality and security of the Trade Secret and Confidential Information in his/her possession and to protect against disclosure, misuse, misappropriation or any other action inconsistent with BIG WAVE’s rights.
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