Terms and Conditions
These terms and conditions are for people who want to join the Spear Marketing Consutlant Programme and earn an extra income.
- In these terms and conditions unless the context requires otherwise, the following words and expressions shall have the following meaning:-
- “Advertising Guidelines” shall mean the document Advertising Guidelines which is available on-line on the SPEAR extranet Consultant website or on request.
- “Agreement” shall mean these terms and conditions together with the Income Potential, Registration Form, any notices, and the Advertising Guidelines each of which document is amended from time to time and any other document, the Terms of this Agreement shall prevail;
- “Approved Venue” shall mean any private residential premises or such other premises or websites in the Territory as may be approved by SPEAR in writing from time to time
- “Consultant” shall mean the person named above and/or (where appropriate) any person appointed by SPEAR as a Consultant whose appointment has not been terminated.
- “Business Manual” shall mean the manual entitled “Spear Marketing Ltd Business Manual” issued to a Consultant that shall contain certain information, procedures and guidelines in relation to the Consultants business and details of the services offered
- “Starter Kit” shall mean the kit and promotional materials available to be purchased by all Consultants
- “Customer/Client” shall mean any consumer or end customer that has requested, purchased goods or instructed the services of SPEAR
- “Client Review Form” shall mean the printed review form provided by SPEAR to the Consultant
- “Income Potential” shall mean the provisions of the Business Manual concerning the financial rewards for Consultants when an Audit fee has become payable and thereby received as a result of Referral introductions being made.
- “Fee” shall mean a fee payable by the Client to SPEAR in return for a service of any product/service.
Appointment – Consultant
- SPEAR hereby appoints the Consultant as an agent and grants to the Consultant the right, subject to the successful completion of the Preliminary Training, to market and promote the services and / or goods offered as an independent introducer on behalf of SPEAR and to sell those services/goods with a view to generating . You are not entitled to any geographical exclusivity.
- The Consultant warrants that he or she is entering into the Agreement in her capacity as an individual, that he/she is at least 18 years of age.
- In exercising rights and duties under Condition 2, the Consultant shall all times make it clear to customers and potential customers that the Consultant is an authorised representative of SPEAR and will only market, promote, purchase and sell the services of SPEAR in accordance with the guidelines set out by SPEAR
- Only authorised Consultants may market and promote the services of SPEAR and /or participate in any such promotions set by the company and take part in the Sales programme as defined by the Income Potential.
- The Consultant is and understood to be a self-employed independent contractor and this Agreement does NOT create a franchise or an employer/employee, agency, partnership or joint venture relationship. Thereby having no power of authority to bind the Company, or to negotiate, make representations or incur any liability on its behalf and you will not purport to do so.
- Subject to Condition 9 below, during the term of this Agreement the Consultant shall be responsible for all costs and expenses incurred as a result of the Consultants business for SPEAR, including but not limited to those relating to travel, accommodation, any business stationary and the purchase of any good(s) or services, if any.
- A new Consultant may not, during the first 7 days after having signed this Agreement be asked to pay, or to promise to pay any sum or sums which in Aggregate, exceed £200 including tax.
- Upon entering this Agreement the Consultant will pay to the Company the sum of £199/€230 including tax to cover the costs of this registration and membership access to the Spear Business Back Office. Upon becoming a fully registered member the Consultant will be entitled to access the Company Weekly Trainings Sessions at no further cost. Except as stated in this clause 9 there is no purchase or investment necessary to become an Consultant. There is no other financial obligation following the acceptance of this Agreement. If there is any subsequent change in a Consultant’s financial obligation under this Agreement then the Company will give at least 60 days advance notice thereof. The purchase of any Services, promotional or sales aid literature (or attendance at any Company sponsored training) is entirely optional.
- Spear Marketing is a multi-level direct sales organisation, and as such, the Consultant agrees to comply with all laws and statutory restrictions and guidelines including codes of conduct relating to the Consultant’s consultancy business and will not, in carrying out his/her obligations, thereby put SPEAR or himself/herself in breach of any law and in particular in The UK the trading Schemes Regulations 1997 and the Direct Selling Association (“DSA”) and any such relevant laws in the Country of where they are operating. The Consultant will in particular, make appropriate returns and where applicable, pay all amounts due for income tax, national insurance and VAT directly to the appropriate authorities. The Consultant will inform SPEAR promptly should he/she become registered or de-registered for VAT in the UK
- The Consultant acknowledges that they are a brand ambassador for SPEAR and as such will not use the name of SPEAR, or its logos or any of its trade Marks, product or services or trade names or designs other than for the purpose of exercising his/her rights and performing his/her obligations under the Agreement and shall not use the same in any way which may prejudice their distinctiveness or validity or the goodwill of SPEAR therein.
- The wording of all Consultant-generated advertisements, circulars, notices and documents whether in written or electronic (e.g. on a website) or any other form relating to SPEAR or its products and services must be approved in advance by an authorised officer of SPEAR. The Consultant will clearly mark their name on all brochures and any other literature prior to its circulation by the Consultant. The Consultant agrees in producing such material for approval that he/she will at all times comply with the SPEAR Advertising Guidelines.
- The Consultant shall not, without prior written consent of SPEAR, make or provide any statement, photograph or information in any media
- The Consultant shall not for the duration of this Agreement in the Territory promote or offer, be concerned or interested in, any products or services which compete with the products and services offered by SPEAR.
- The Consultant shall not damage, delete any material from, add any material to or tamper in any way with the products or services offered by SPEAR
- The Consultant will not make any promises or representations to clients or potential clients nor give any guarantees or warranties in relation to any products or services other than as detailed in SPEAR literature or expressly authorised by an Authorised Officer of SPEAR or by this Agreement, nor shall he/she attempt to settle any claims with respect to the products and services on behalf of SPEAR.
- The Consultant shall refer all enquiries, comments and complaints relating to the products and services to SPEAR
- If the Consultant fails to comply with any of his/her obligations under this Agreement, he/she will indemnify SPEAR from and against any losses, costs, expenses, charges and/or liabilities (whether civil or criminal) incurred as a result of such failure.
Sales of Services and Products
- The Consultant shall refer customers/clients details in accordance with the procedures set out in the Business manual and as detailed upon the client Review form.
- Further, Consultants shall only further pursue business with clients following guidance from SPEAR Ltd in the interest of processing claims against financial products and credit agreements.
- Consultants shall not give financial advice to any client on behalf of SPEAR unless relating to a financial product or credit agreement against which a claim is, or may be, processed.
- The Consultant must not describe themselves as an employee of SPEAR; nor should Consultants describe themselves as an employee of any solicitor who may be acting for SPEAR and its clients.
- SPEAR shall not knowingly contact with the intention of conducting business, approach or liaise with any client or potential client of Consultants of SPEAR without first been given their particulars by an Consultant.
- Further, any known friend, family member or associate of a client of an Consultant who approaches SPEAR with the intention of conducting business relating to any financial product or credit agreement claim, shall be asked to first contact their known Consultant.
- Furthermore, the Consultant shall accept that SPEAR will conduct business with any friend, family member or associate who requests not to employ the services of their known Consultant.
- Consultants will be expected to generate leads through their own networks and various forms of marketing, although SPEAR may from time to time request the services of Consultants to handle pre-qualified leads that have arisen as a result of other networks or forms of marketing.
- SPEAR can NOT wholly guarantee the success of any leads generated and sold to businesses
Remuneration of Consultant
- The Consultant shall earn and SPEAR shall pay to the Consultant commissions, bonuses and other payments in accordance with the terms set out in the Income Potential and in any Notices issued under Condition 31 & 32 and the nature and the amount of such earnings and payments will vary according to the Nature of any relevant sale, the status of the Consultant and all other relevant factors. No amounts will be earned by, or paid to the Consultant except as a result of a successful lead being sold as generated by the Consultant or as a result of a successful transaction
- No commission or bonuses will be paid whatsoever for the act of sponsoring or recruiting. Consultants are compensated under the Income Potential based upon the activities of other Consultants and only to the extent of sales/audits made by them to customers
- Payments will normally be made by bank transfer to the nominated account of the Consultant. The payment of all monies due to the Consultant is Conditional on full compliance of this Agreement. It is the sole responsibility of the Consultant to ensure that correct bank account details are provided and that such account can receive transfer of payments from SPEAR. In the event of non payment due to incorrect bank details provided by the Consultant or if the Consultant’s bank does not accept the transfer to her nominated account, SPEAR shall under no circumstances be responsible for any loss, directly or indirectly, resulting there from.
- SPEAR will make available to the Consultant a statement of all sales and other transactions relating to their account with SPEAR including a statement of Commission’s earnt in each month. Such information shall be provided electronically to the Consultant unless she has advised SPEAR, in writing in advance for each month that he/she requires paper copies of the same.
- In addition to any other rights and remedies available to SPEAR, in the event that any fees paid by the client become repayable at any future date then the percentage of any fees which become payable, or have been paid to an Consultant shall be repaid to SPEAR within 7 days of written notice being received.
- SPEAR agrees to pay any Consultant the commissions as detailed in the Commission Plan
- In the event that any fees paid by the client become repayable at any future date then the percentage of any fees which is payable, or have been paid, to an Consultant shall be repaid to SPEAR within 7 days of written notice been received.
- This agreement may be terminated at any time by either party upon written notice of intent. The registration/sign up fee is non-refunadable.
- In the event of this agreement being terminated, Spear Marketing Ltd undertakes to make commission payment, where due, to the Consultant in respect of business transacted but not completed before or on the date of termination, but only when such business is completed and payment is received by Spear Marketing Ltd.
- In the event of the agreement being terminated the terms of clause 35 remain in operation until the commission received by SPEAR is consolidated (i.e. the outstanding Liability has passed)
- The Consultant agrees to co-operate with Spear Marketing Ltd in the event of any claim or complaint arising at any point in the future.
- SPEAR Ltd reserves the right to amend its terms of business and/or its terms and conditions at any given time where necessary and with full written notice to those involved.
This Agreement shall be terminated without any liability on either party in the event that either party is prevented from complying with their obligations hereunder due to circumstances beyond their reasonable control.