MARKETING REP POLICIES AND PROCEDURES
These Policies and Procedures (“Policies”), in their present form and as amended at the sole discretion of Kawartha Cottage Rentals (hereafter “KCR” or the “Company”), are incorporated into, and form an integral part of, the KCR Marketing Representative Application and Agreement (hereafter “Marketing Agreement”). Throughout these Policies, when the term “Agreement” is used, it collectively refers to the KCR Marketing Agreement, these Policies, and the KCR Marketing agreement and Referral Compensation Plan. These documents are incorporated by reference into the Marketing Agreement (all in their current form and as amended by KCR). It is the responsibility of each Marketing Representative to read, understand, adhere to, and ensure that he or she is aware of and operating under the most current version of these Policies. When sponsoring a new Marketing Rep, it is the
responsibility of the sponsoring Marketing Rep to provide the most current version of these Policies to the applicant prior to his or her execution of the Marketing Rep Agreement.
All commissions are payable as outlined in the KCR Referral Pay Plan Outline. Referral fees become payable 10 days after the tenant has vacated the property and will be issued on the next corresponding pay date. Referral and marketing fee payments are issued on the 1st and the 15th of every calendar month.
KCR shall not be responsible for delays and failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, flood, death, curtailment of a party’s source of supply, or government decrees or orders.
DISPUTES & GOVERNING LAWS
The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without regard to its conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of this Marketing Rep Agreement.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
In the event any provision of this Agreement, as amended from time to time, is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceable attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.
All Marketing Reps shall safeguard and promote the good reputation of KCR and the marketing and promotion of its property portfolio for rental purposes, the KCR Referral and Marketing Program, the Marketing and Referral Compensation Plan, and shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. KCR specifically prohibits the use of mass unsolicited telephone auto-dialing, faxing, e-mail (“spam”), and “boiler-room” telemarketing operations.
To promote both the property rentals and the referral and marketing program that KCR offers, Marketing Reps must use the sales aids and support materials produced by KCR. If Marketing Reps develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Marketing Reps’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the KCR business. These violations, although they may be relatively few in number, could jeopardize the program for all marketing Reps. Accordingly, Marketing Reps must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for the Company’s approval prior to there use. Unless the Marketing Rep receives specific written approval to use the material, the request shall be deemed denied.
TERMINATION OF AGREEMENT
A participant in this marketing and Referral program has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the distributor’s signature, printed name, address and Marketing Rep ID.
TRANSFER OF AGREEMENT
Change of Sponsor. The transfer of a KCR Marketing Rep from one Sponsor to another is rarely permitted. Requests for change of sponsorship must be submitted in writing to Kawartha Cottage Rentals Corporate Offices, and must include the reason for the transfer. Transfers will only be considered in the following three (3) circumstances:
• Within ten (10) days of the enrollment date, the Marketing Rep seeking to transfer submits a properly completed Sponsorship Transfer Form which includes the signature of the Marketing Rep seeking to transfer, and the signature of the original Sponsor;
• In cases involving fraudulent inducement or unethical sponsoring, a Marketing Rep may request that he or she be transferred to another sponsor with his or her entire Marketing Organization intact. All requests for transfer alleging fraudulent enrollment practices shall be evaluated on a case by case basis, and must be submitted to the Company in writing within sixty (60) days from the enrollment date. The request must include a detailed description of why the Marketing Rep believes his or her enrollment was fraudulently induced; or
• The Marketing Rep seeking to transfer submits a properly completed and fully executed Sponsorship Transfer Form which includes the written approval of all parties whose income will be immediately affected by the transfer. Photocopied or facsimile signatures are not acceptable. All Marketing Rep signatures must be notarized. The Marketing Rep who requests the transfer must submit a fee of $450.00 for administrative charges and data processing. The transferring Marketing Rep must allow thirty (30) days after the receipt of the Sponsorship Transfer Forms by the company for processing and verifying change requests. A transferring Marketing Rep’s downline shall remain in the original genealogy and shall not be moved with the transferring Marketing rep; however,KCR reserves the right to make Downline genealogy changes at its discretion for reasonable business purposes.
Upon the death of a Marketing Rep, his or her business may be passed to his or her heirs. Appropriate legal documentation must be submitted to the Company to ensure the transfer is proper.
CANCELLATION AND REAPPLICATION
A Marketing Rep may legitimately change sponsors by voluntarily canceling his or her KCR Referral program business and remaining inactive (i.e., no rentals no sponsoring, no attendance at any functions, participation in any other form of Marketing Rep activity, or operation of any other KCR business) for six (6) full calendar months. Following the six-month period of inactivity, the former Marketing Rep may reapply under a new Sponsor.
Actual or attempted cross-group sponsoring is strictly prohibited. “Cross-group sponsoring” is defined as the enrollment, indirect or otherwise, of an individual or entity that already has a current customer number or Marketing Rep Agreement on file with KCR, or who has had such an agreement within the preceding six (6) calendar months, within a different line of sponsorship.
The use of a spouse’s or relative’s name, trade names, DBAs, assumed names, corporations, partnerships, trusts, Federal Tax Identification Numbers or fictitious identification numbers to circumvent this policy is prohibited. This policy shall not prohibit the transfer of a KCR business in accordance with the “Sale, Transfer or Assignment of KCR Business” section of these Policies and Procedures.