Between the undersigned:
Firstly: Miral Network Trading, represented legally by Mr. Nihad Al-Aqeel, a limited liability company, headquartered at Avenue Salah Eddine Al-Ayoubi, Sousse, with unique identification number 1678114.
The first party
Secondly: Mr./Ms. ........ , of Tunisian nationality, residing at .................., holder of national ID card No. .
The second party
Preamble:
Miral Network Trading (the first party) is a limited liability company founded and represented by Mr. Nihad Al-Aqeel as of 20/08/2020 and has more than 23 years of experience in the field of e-commerce.
The company is governed by Tunisian law regulating e-commerce and all related laws.
The company operates in the field of e-commerce with the subject of selling various products via the web.
The company has chosen the slogan: BE WEALTHY AND HEALTHY
Considering that the founder, Mr. Nihad Al-Aqeel, believes in human resource potential and continuously seeks to develop it based on the principle of helping many ambitious people and expanding globally to be a reason for changing the lives of millions of people for the better, allowing them to live in good mental, physical, and intellectual health. He aimed to combine intellectual wealth on one hand and financial wealth on the other to meet their needs and achieve their ambitions.
The company markets its products through a variety of packages, each including specific products of high and distinguished quality.
These products consist of natural cosmetics completely free of any chemicals or ingredients, or self-development courses that are considered very rich packages helping individuals to develop themselves in all aspects of their professional, personal, family, social, and economic lives.
The founder has subjected the company to an internal system respected by the buyer to facilitate the marketing process on one hand and organize the relationships between the company and the client on the other hand. It is summarized as follows:
- By purchasing a package by the second party: .
He benefits from this package
He becomes registered on the company's website and becomes a sales distributor .......... (revendeur).
However, before starting the sales process and promoting products online in the manner prescribed by law and to ensure proper marketing and mastery, the buyer receives specialized training that demonstrates the optimal marketing methods and how to deal with clients or other buyers, making him capable of achieving optimal sales.
He then enters a commission system for each sale and gains an indirect marketing team as will be explained below. (Specify the package he entered the commission system with)
Considering that the preamble is an integral part of this agreement.
Having established this, the parties agree as follows:
Article 1: Subject of the Agreement and Purchase
The subject of this agreement is to define:
- The general framework in which the company operates with the interested seller for online sales and marketing of the company's products, and the seller's dealings with buyers.
- The obligations and rights of both parties.
The first party, through their purchase, obtains
Article 2: Company Products and Their Features
The company markets its products online through a range of diverse packages, each including specific high-quality and distinctive products.
These products consist of natural cosmetics completely free of any chemical products or ingredients, or in self-development courses considered a very rich package helping individuals to develop themselves in all areas of their professional, personal, family, social, and economic lives, or in self-development and personal improvement books.
Each package is distinguished by a specific feature compared to other packages in terms of commission ceiling.
The second party purchased the package and thus obtains the following benefits ....
Article 3: Marketing and Distribution Method
The company supports the buyer-sales distributor through the website it provides, so that upon purchasing the product, the second party obtains a personal account through which he can promote and market the product via a specific and precise system, obtaining a personal identifier through which he can operate with ease and freedom within a scope previously defined by the company.
The company also informs the second party that he is implementing its vision through the idea of assistance and continuity, by attending training conferences upon invitation.
The company also informs him that it offers him, on correct legal bases, an area of expansion in Tunisia and abroad, allowing him to invite people to purchase and market products abroad.
As soon as the second party helps two people from his sphere of influence according to the company’s internal regulations, he becomes eligible for direct commissions on these two participants through his specific identifier in the company and other indirect commissions through other participating individuals in his sphere of influence or through the compensation plan according to the package he purchased.
The company has explained to the second party the definition of the sphere of influence, which includes people from his relations who trust him, have a serious desire to work with him and earn commissions, and are willing to work with him hand in hand.
The company guarantees the delivery of the purchased product and ensures his right to receive his commissions of all types when he markets and achieves sales directly and through his marketing team indirectly.
Article 4: Training Phases and Building a Marketing Team
The company informs the second party that they will undergo training each time they progress in developing and expanding their team, and they are responsible for its success, bearing full responsibility after receiving the training and with support and guidance from their upline (upline refers to the participant who is above them in the marketing team, derived from the term "UPLINE" in English).
The company informs the second party that as they advance in the number of their team members, they will receive new training at a new stage and level.
The second party is also committed to following the training seriously regarding timing and monitoring from both sides, according to the system on which the company operates.
Thus, the company's support for the second party continues to provide opportunities for success by increasing the volume of their sales and their team’s sales.
Article 5: Financial Commitments
The company informs the second party that the membership registration fee on the site is 100 Tunisian dinars and that this membership must be renewed every year, except for the FORTUNE FLOW package and its types, where the annual renewal fee is 200 dinars for three years, and then 300 dinars, calculated from the date of registration with the company.
The company also informs them that the buyer has no right to request a refund of the amount paid for the package under any circumstances or reasons, as once the package is purchased, commissions start being calculated, and the date of their disbursement is recorded on the company's site and in the database for all buyers registered before them.
The buyer also does not have the right to request a refund of the registration fees after confirmation of registration.
The parties agree that the company will notify them of the renewal date one month before the activation expiry on the site.
It is also specified that if renewal and payment are not made, the calculation of commissions of all types will be suspended. This means that: if the fees are not paid and the site is not renewed, no sales made in their marketing team within their network will be counted, and no commissions will be issued for that, until they renew their account and pay the renewal fees. After renewal, sales will be calculated and commissions will be issued for sales made after renewal.
If the site is not renewed for more than a year, they will have to pay the fees for each year not paid.
Article 6: Financial Benefits
The company informs the second party that the contractor with the company is considered a marketer for its products and receives commissions for this marketing and sales according to the law. Financial benefits are distributed as follows:
First: In the form of financial rewards
Financial rewards are paid at the beginning of each month and are a percentage of the commissions paid by the company during the previous month on sales through the Fortune Flow packages as follows:
- The company calculates all direct commissions and the total amount. 3% of this amount is calculated and distributed among all those who purchased the Fortune Flow International package and the National Fortune Flow package.
- 2% is distributed among all participants who purchased the Diamond Fortune Flow package.
- Indirect commissions, i.e., balance commissions, are calculated with 6% for the International and National Fortune Flow packages and 4% for participants who purchased the Diamond Fortune Flow package.
- These percentages increase to 10% of the total balance commissions and 5% of the total direct commissions when the number of participants purchasing the Fortune Flow International package reaches 40 buyers.
Second: In the form of commissions
The contractor receives commissions based on sales and the package level reached by purchasing the product and the points obtained:
A - Direct Commissions
The contractor receives a direct commission for each buyer he invites who registers on the site with his unique identifier, entering the commission system according to the applicable commission plan, which extends over five levels from the smallest to the largest. Whether the marketer has purchased a package or is still only at the registration stage at 100 dinars, he can obtain direct commissions on any sales achieved through his unique identifier in the company. Thus, he can activate his site by purchasing a package through the direct commissions obtained, but points for sales made before purchasing his package will not be counted.
Points are calculated for sales occurring in his marketing team after purchasing the package, for sales made after the date of purchasing the package and not the initial registration.
Points distribution according to packages:
- Beginner: 50.000, 10.000, 5.000, 2.000, 1.000
- Bronze: 100.000, 30.000, 15.000, 7.000, 3.000
- Silver: 150.000, 40.000, 20.000, 10.000, 5.000
- Gold: 200.000, 50.000, 20.000, 10.000, 5.000
- Diamond: 300.000, 60.000, 30.000, 15.000, 10.000
- PLATINUM: 600.000, 60.000, 30.000, 15.000, 10.000
- Diamond Fortune Flow: 500.000, 80.000, 40.000, 20.000, 10.000
- National Fortune Flow: 700.000, 100.000, 50.000, 20.000, 10.000
- Fortune Flow: 1000.000, 150.000, 50.000, 20.000, 10.000
B - Indirect Commissions - Balance System
Commissions based on the binary system are paid based on the number of points the client obtains from the left and right sides, according to the registrations and sales achieved by his marketing team in his network. Each package represents a set of points, and commissions are calculated based on the total points from both sides (left and right).
Points distribution according to packages:
- For Beginner, Bronze, Silver, and Gold Packages: 1500 points on the right and 1500 points on the left.
- For Diamond Fortune Flow Package: 2250 points on the right and 2250 points on the left.
- For National Fortune Flow Package: 2500 points on the right and 2500 points on the left.
- For International Fortune Flow Package: 3000 points on the right and 3000 points on the left.
Points distribution according to packages:
- Beginner: 250 points
- Bronze: 500 points
- Silver: 1000 points
- Gold: 1500 points
- Diamond: 2000 points
- PLATINUM: 2000 points
- Diamond Fortune Flow: 2250 points
- National Fortune Flow: 2500 points
- Fortune Flow: 3000 points
The company informs the second party that the contractor, when achieving a balance of points on both sides (left and right) in his network, whether directly or through team members indirectly, receives the following rewards:
- 150 dinars if the rank is Beginner for every 1500 points on the right and 1500 points on the left.
- 200 dinars if the rank is Bronze for every 1500 points on the right and 1500 points on the left.
- 200 dinars if the rank is Silver for every 1500 points on the right and 1500 points on the left.
- 250 dinars if the rank is Gold for every 1500 points on the right and 1500 points on the left.
- 500 dinars if the rank is Diamond Fortune Flow for every 2250 points on the right and 2250 points on the left.
- 600 dinars if the rank is National Fortune Flow for every 2500 points on the right and 2500 points on the left.
- 1000 dinars if the rank is International Fortune Flow for every 3000 points on the right and 3000 points on the left.
Chapter Seven: Commission Payment
The company informs the second party to this agreement that commissions are paid through their electronic account for both direct and indirect commissions on the first Friday after the end of the week, which is Sunday.
Commissions are calculated weekly based on all sales made between Sunday at midnight and the following Sunday at midnight. Commissions for this week are distributed on Friday after deducting a ten percent income tax (this applies to those in Tunisia; for contractors outside Tunisia, it is calculated according to their local tax laws).
Commissions are then paid via bank transfer from the company's account to the contractor’s account exclusively. The contractor has no right to request the transfer of their commissions to another person's account.
For registering a new buyer or purchasing a new package, this can be done via bank transfer, credit card, or through commissions, which are compensated with vouchers equal to the deducted commission amount. These vouchers can be used to purchase the package.
If the marketer wishes to redeem their commission and use it for a voucher to complete purchases for others and compensates the voucher themselves or in collaboration with their uplines, they are responsible for this, as they are the sole controller of their account, and the company is not involved or responsible for commissions redeemed through vouchers.
The company also informs the second party that the maximum weekly commissions vary by tier, and regardless of the sales volume and balance, the contractor receives a capped amount that cannot be exceeded, even if they achieve commissions exceeding the set amount.
The cap for the Beginner package is 1500 Tunisian Dinars. The cap for the Bronze package is 5000 Tunisian Dinars. The cap for the Silver package is 6000 Tunisian Dinars. The cap for the Gold package is 10000 Tunisian Dinars. The cap for the Diamond Fortune Flow package is 20000 Tunisian Dinars. The cap for the National Fortune Flow package is 30000 Tunisian Dinars. The cap for the International Fortune Flow package is 50000 Tunisian Dinars.
Chapter Eight: Awards
The company provides awards at certain conferences which it determines according to its development and marketing program based on the company's needs to support participants.
Chapter 9: Determination of Responsibilities
The first contracting party, Miral Company, informs the second contracting party that it is not responsible for any promises or actions not mentioned in this agreement that other parties outside the scope of this agreement may offer or undertake.
It is also informed that work begins immediately after the completion of training, according to all instructions received during it. The individual must follow the upline who summoned them for work to master the working method, validate their competence, and continue working, attending training, and conferences.
Furthermore, the company does not bear responsibility for the contractors' errors and deviations from its system. The company is not responsible if the contractor accepts offers from any other person not listed on the company's website or pages.
The company is not responsible for additional prices not listed on the company's website, whether higher or lower than the prices on the site, as they may be offers from the team itself and are its responsibility.
The company is only bound by the terms of this agreement and what is published on its website and official pages.
Chapter 10: Consultation with the Company
The company accepts inquiries from the contractor and responds through communication with a company employee via the company's page on social media or by sending a direct email to the company during working hours.
No contractor has the right to interfere with or change the internal system.
Other chapters related to disputes, termination, suspension of work, account closure, and penalties for contract violations.
Chapter 12: Penalties for Violating the Agreement or the Company's Internal System
The company informs the second party that in the event of a violation of the internal system in their account or any other contractor's account, or if any of the following actions occur, the account or associated site will be closed without any prior notice:
- In case of defamation of the company's reputation, whether written or verbal, in front of others.
- In case of misappropriation of others' funds without justification or in the name of the company.
- In case of joining another company engaged in the same activity, i.e., e-commerce in all its forms, with bad faith if they recruit individuals from Miral Network Trading and transfer them to the other company.
- In case the contractor purchases a new package and changes the upline without consulting the initial upline and the company (cancellation of both the old and new accounts).
Chapter 13 :
The two contracting parties agree that the second party may transfer their account to another person, provided that the direct upline or sponsor (Parrain or sponsor) who invited them and registered them with their Miral number agrees, as well as the company's approval. These approvals must be in writing and signed for individuals and stamped for the company.
The parties also agree to pay a fee of fifty dinars to the first party company to complete this process.
The parties agree that the second party who has transferred their account to another name cannot reverse their decision and request the return of the account to their name.
Chapter 14 :
The company has informed the second party and other buyers that they cannot purchase a new site and account in another network outside their upline sponsor, except in the following cases:
- After the approval of the first contracting company.
- After the approval of their upline or sponsor registered with that number, this must be in writing and signed for individuals and stamped for Miral Network Trading.
- Exceptionally, if a dispute is deemed serious by the first contracting party (the company) and it is impossible to continue working with the upline, based on a supported and justified letter sent to the company via email or registered mail.
- If their upline leaves the company and informs the company of this or transfers their account to another person.
Accordingly, the company will cancel their old site and allow them to purchase a new site without requiring them to return to the upline.
Additionally, it is strictly prohibited for the second party who has moved to another network to attract any buyer from the old network of the previous upline, except those registered directly with their Miral number and if they wish to do so.
Chapter 15 :
The parties agree that it is not allowed to gift or give self-development web or live training products to others without the company's approval.
Chapter 16 :
The company has informed the second party that any buyer of a package containing a Neuro-Linguistic Programming (NLP) course or DDC Camp, whether ordinary, national, or international, will be contacted by the company to set a date for attendance.
If they repeatedly excuse themselves from attendance up to five times, their attendance for that package will be canceled, but they can exchange it for a package of natural beauty products determined by the company.
In all cases, they will remain registered to continue marketing and will interact with the commission system for sales achieved through their network.
Chapter 17 :
The buyer has the right to upgrade the package they purchased by buying an upgrade package, which will allow them to advance to higher packages and ranks.
Chapter 18 :
The signatures of the parties at the bottom of this agreement or the indication of approval on the site or the uploading of an ID card or passport are considered full acceptance of all its terms and conditions and of the purchase, and the second party cannot retract.
Chapter 19 :
The company confirms that it is only responsible for what is written in this agreement and what is published on its website and official pages, and is not at all responsible for any omissions or additions by marketers, who bear full responsibility for them and their legal consequences.
Chapter 20 :
The parties agree that any completion of registration and purchase of the package online is considered as the buyer having read and been informed of this agreement and having agreed to its terms.
Chapter 21 :
The parties have specified their place of residence as mentioned in this agreement and agree that the courts of Sousse 1 are territorially competent to settle any disputes that may arise concerning the subject of this agreement.