The rules and procedures embodied in this page are being implemented to regulate sales and marketing operations as well as prevent improper, illegal or abusive acts within the company. These policies shall govern the relationship between the Dealer and Ultimate Load Trading and such other matters related to these policies. Every Dealer is expected to be knowledgeable of the following rules and abide by the same to ensure his or her success as well as that of the company. These policies may change anytime without prior notice.
DEFINITION OF TERMS
In all contractual agreements you sign with Ultimate Load Trading in published literature, the following words and phrases shall have the following meanings unless the context otherwise requires:
The information that we may collect includes:
- Associate Dealer/Sub-dealer - A person who is a distributor/dealer of Ultimate Load Trading.
- Loading Stockist (LS) - The only official and authorized universal prepaid loading franchise in a city/municipality. No two LS are allowed to operate in the same area.
- Mega Business Center (MBC) - The only official and authorized universal prepaid loading franchise in a specified area covering two or more LS. No two MBCs are allowed to operate in the same area.
- Ultimate Success Achievement Program (USAP) - This is an advanced training on the importance of Multi-level Marketing (MLM) in relation to the business of Ultimate Load Trading and basic skills in doing the business.
- Business Opportunity Presentation (BOP) - This is the marketing plan presentation discussing the global package, benefits, products, and compensation plan.
- Technical Training - raining on the Terms & Conditions and code of conduct of the company, technicality of loading, how to manage the dealer's tracking center (DTC), how to encode a recruit's information and how to manage flush out.
- Ultimate Business Kit (UBK) - Commonly known as the business kit or the start up sales kit for a new Associate Dealer/Sub-dealer, containing 1 activation code, 50-100 pieces of Self-load User activation, brochures, loading guides, 1 tarpaulin, 1 business account, 1 online account, 1 CD presentation kit, and a personal accident insurance from Fortune life worth P50,000.
- Cross Lining - The dealer's act of transferring from one dealer's group to another or the usage of a sponsor username other than his/her own. This is strictly prohibited.
- Downline - A person who is the sponsored dealer who eventually formed part of the network of the sponsor or upline, either directly sponsored by the latter or not.
- Direct Referral - A person who is the one directly invited by a sponsor to avail the business kit and become an independent dealer.
- Dealer Application Form (DAF) - When a person desires to become a dealer of Ultimate Load Trading, he/she must sign the Dealer Application Form, which contains the Terms and Conditions of the company. If a person registers as a dealer online or via phone, he/she is considered to have read, understood and agreed to the policies of the company.
- Flush Out - The safety measure in the matched sales/binary system, wherein a dealer/sponsor will only be paid for a maximum of ten (10) pairs/match sales per day. This mechanism is followed to balance the methods of earning through recruiting new dealers and direct sales of products. See Marketing Plan for more details.
- Group - A dealer may have two (2) groups when he/she starts his/her network under one account: the "A" Group and the "B" Group. For each group, the dealer may have as many down lines as he/she can manage.
- Network - This consists of the dealer's organizations or groups, which include the entirety of the dealer's down lines.
- Sponsor - A dealer who introduces and registers a person to Ultimate Load Trading, who eventually becomes a dealer by virtue of the company's acceptance of the Dealer Application Form. Sponsors are commonly known as "Direct Uplines". A sponsor is responsible for training and supporting his/her down lines in the conduct of business.
TERMS AND CONDITIONS
The following Terms and Conditions control your membership in Ultimate Load Trading (hereinafter referred to as "ULT"). You agree that you have read and understood this Agreement and that your membership in ULT shall be subject to the following Terms and Conditions between you ("ASSOCIATE DEALER/SUB-DEALER") and ULT. These Terms and Conditions may be modified at any time without prior notice by ULT. Please review them from time to time at www.uloadtrade.com (hereinafter referred to as â€œULT WEBSITEâ€) since your ongoing use is subject to the terms and conditions as modified.
- This Agreement shall be effective upon acceptance by ULT through ASSOCIATE DEALER's/SUB-DEALER's registration online or via Short Messaging Service (SMS). ULT reserves the right, in its sole discretion, to decline or accept any Membership Registration.
- This Agreement shall have a term beginning from the date of ASSOCIATE DEALER's/SUB-DEALER's registration and shall end upon termination by either party in accordance with this Agreement.
- ASSOCIATE DEALER/SUB-DEALER will operate his/her own business, will buy ULT products for cash or other form of payment acceptable to ULT, register and secure the license required from the Securities and Exchange Commission (SEC) and/or Department of Trade and Industry (DTI), accredit with required government agencies, develop, market and promote his/her sale, and comply with all the rules, regulations, recommendations and procedures set by ULT, including those set forth in the ULT Membership Policies and Procedure Manual, and all the amendments that may hereinafter be introduced. ASSOCIATE DEALER/SUB-DEALER also agrees to strictly adhere and abide to the marketing scheme and procedures of ULT in promoting, marketing and selling the products and not to modify and make any misrepresentation about the products.
- ULT's Referral Compensation Plan, Policies and Procedure, and other ULT publications are incorporated herein by reference and form an integral part hereof. ASSOCIATE DEALER/SUB-DEALER has read and understood the foregoing and has accepted the terms and provisions contained therein. ASSOCIATE DEALER/SUB-DEALER also acknowledges that any violation of the terms and provisions mentioned in the aforementioned may result in penalties such as forfeiture of rebates or the termination of Membership.
- Independent Contractor Status. ASSOCIATE DEALER/SUB-DEALER is an independent contractor, and is not an employee, legal representative, agent or franchisee, joint venture, partner, or owner of ULT or of any other ULT ASSOCIATE DEALER/SUB-DEALER. ASSOCIATE DEALER/SUB-DEALER is solely responsible for compliance with any and all laws, rules or regulations related to one's business in any jurisdiction exercising authority over said business, including but not limited to the duty to license one's business, collect and pay sales tax on the retail sales and to comply with all other rules and regulations. ASSOCIATE DEALER/SUB-DEALER will obey any and all national, municipal or local laws, statutes and regulations applicable to the said business.
- Compensation. ASSOCIATE DEALER/SUB-DEALER understands that any compensation he/she receives from ULT is related primarily to the selling of ULT products, services, and referral and/or solicitation of offers to become ASSOCIATE DEALER/SUB-DEALER to non-participants and/or prospective participants, and that there is no compensation for sponsoring. Compensation shall be determined in accordance with the Referral Compensation Plan. ASSOCIATE DEALER/SUB-DEALER further understands that he/she is not guaranteed any income, profits or success and certifies that no such representations have been made to him/her either by ULT or by any ASSOCIATE DEALER/SUB-DEALER.
- Non-Solicitation. ASSOCIATE DEALER/SUB-DEALER shall not, directly or indirectly, on his behalf or on behalf of any other person or entity, solicit, induce, or hire or attempt to solicit, induce or hire any ASSOCIATE DEALER/SUB-DEALER, employee, customer, supplier or vendor of ULT (i) to enter into any business relationship with any individual or company which sells products or services which compete with the products and/or services of ULT, or (ii) to terminate or alter his or her business or employment relationship with ULT.
- Literature and Advertisement. ASSOCIATE DEALER/SUB-DEALER agrees to solely use literature, marketing materials and sales aids duly approved and provided by ULT. In the event that ASSOCIATE DEALER/SUB-DEALER uses any materials and literature not produced by ULT or otherwise approved for use by ULT, ASSOCIATE DEALER/SUB-DEALER accepts full responsibility for the information contained therein. ASSOCIATE DEALER/SUB-DEALER further agrees that use of sales and recruiting aids not conforming to the above requirements, to the ULT Membership Policies and Procedure Manual, and to all applicable national, municipal and local laws may result in the immediate termination of this Agreement and/or other appropriate disciplinary action. Product or referral activity related advertisements are allowed only when approved by ULT upon request by any ASSOCIATE DEALER/SUB-DEALER. No advertisements may imply that a job or position is being offered or available, promise any specific earning representations or income guarantees, expressly or by implication, mislead or distort the Referral Compensation Plan in any way, or make any product claims.
- Training. In the event the ASSOCIATE DEALER/SUB-DEALER refers prospective member, the former agrees to perform a bona fide supervisory function over the latter in connection with the sale of ULT's goods and services to the ultimate consumer.
- Proprietary Rights/Use of Company Materials. ASSOCIATE DEALER/SUB-DEALER agrees not to use proprietary trade names, trademarks or other property of ULT without the prior written consent of ULT. ULT and its affiliated entities have proprietary rights to its network and lists of ASSOCIATE DEALERs/SUB-DEALERs. ASSOCIATE DEALER/SUB-DEALER will not use any ULT networks, member lists, or other ULT contacts to promote the sale or use of any products or services, other than those offered by ULT.
- Pricing. ULT shall set the mandatory retail and wholesale selling price for ULT products. ASSOCIATE DEALER/SUB-DEALER shall sell the products and services of ULT, at prices specified by ULT, from time to time. Any violation of this provision shall be a ground for suspension or termination of this Agreement.
- Termination. ASSOCIATE DEALER/SUB-DEALER agrees that ULT may terminate this Agreement at any time by giving prior notice to the ASSOCIATE DEALER/SUB-DEALER, written or otherwise, and may terminate this Agreement forthwith at any time if the ASSOCIATE DEALER/SUB-DEALER is in breach of any of the provisions of this Agreement. ASSOCIATE DEALER/SUB-DEALER may terminate this Agreement at any time for any reason by serving written notice of termination to ULT. Termination will become effective on the date of receipt of such notice. In the event of termination, ASSOCIATE DEALER/SUB-DEALER agrees to cease any and all activity in conjunction with ULT and acknowledges that all rights to the Membership, compensation, incentives and the rights to purchase products and/or services from the ULT shall likewise terminate. Upon termination of this Agreement, the ASSOCIATE /SUB-DEALER shall without need of demand immediately return to ULT, all unsold membership kits, if thereâ€™s any, ULT literatures, materials and documents, records, listing of all products sold and the like, and all other required reports.
- Confidentiality and Non-Competition. As an inducement for ULT to enter into this Agreement and in consideration of the mutual covenants contained herein, ASSOCIATE DEALER/SUB-DEALER agrees that during the term of this Agreement, ASSOCIATE DEALER/SUB-DEALER will hold in confidence all trade secrets, formulas, sales and distribution systems, business information and literature which ASSOCIATE DEALER/SUB-DEALER acquired during the term of this Agreement and will not use them directly or indirectly. ASSOCIATE DEALER/SUB-DEALER also agrees not to enter into any business relationship with any individual or company that sells products or services competing with the products and/or services of ULT.
- Operation. ASSOCIATE DEALER/SUB-DEALER will operate his/her business at all times in such a manner as to enhance the reputation of ULT and its trade name.
- Assignability. ASSOCIATE DEALER/SUB-DEALER understands and agrees that this Agreement may not be transferred or assigned without the prior written approval of ULT, in its sole discretion, and only in accordance with the rules and regulations set by ULT.
- Compliance. ASSOCIATE DEALER/SUB-DEALER shall abide by all applicable national, municipal and local laws or regulations, terms of this Agreement, subsequent amendments, the terms and provisions of the ULT Referral Compensation Plan, the ULT Membership Policies and Procedures Manual, which are incorporated herein by reference and which form an integral part hereof.
- Amendment. ASSOCIATE DEALER/SUB-DEALER understands that ULT may amend the terms and conditions of this Agreement at any time upon thirty (30) days via short messaging system (SMS) sent to the ASSOCIATE DEALER's/SUB-DEALER's mobile number, e-mail, websites, or in the newsletter or other official publication, bulletin boards, and public announcements produced by ULT. Any such modifications become effective thirty (30) days after notification and are automatically incorporated into this Agreement as binding and enforceable provisions. ASSOCIATE DEALER/SUB-DEALER acknowledges and accepts the modified Agreement by continuing to perform functions related to and in accordance with the provisions of this Agreement, and by continuing to avail or purchase ULT's product or services after such changes or modifications has become effective.
- Indemnification/Offset. ASSOCIATE DEALER/SUB-DEALER agrees to indemnify and hold harmless ULT from and against any claim, demand, liability, loss, cost or expense, including, but not limited to, court costs or attorney's fees, asserted against or suffered or incurred by any of them by reason of, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the ASSOCIATE DEALER's/SUB-DEALER's: (i) activities as an ASSOCIATE DEALER/SUB-DEALER; (ii) breach of terms of the Agreement by the ASSOCIATE DEALER/SUB-DEALER; (iii) violation and non-compliance by the ASSOCIATE DEALER/SUB-DEALER of municipal, local or national laws or regulation. ULT shall have the right to offset any amount owed by ASSOCIATE DEALER/SUB-DEALER to ULT against the amount of any commissions or compensation owed to the ASSOCIATE DEALER/SUB-DEALER.
- Survival. The covenants and obligations of ASSOCIATE DEALER/SUB-DEALER to protect the trade secrets and confidential information of the Company, including, without limitation, those obligations and covenants contained in 7 and 8, shall survive the termination of this Agreement.
- ASSOCIATE DEALER/SUB-DEALER expressly agrees that the use of the service is at ASSOCIATE DEALER's/SUB-DEALER's sole risk. The services is provided in an "AS IS" and "AS AVAILABLE" basis. To the maximum extent allowed by applicable law, ULT expressly disclaims all warranties of any kind, expressed or implied by law, custom or otherwise, including without limitation of any warranty or merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. ULT makes no warranty regarding any goods or services purchased or obtained through the company or any transactions entered into through the company.
- To the maximum extent allowed by applicable law, neither ULT nor any of its ASSOCIATE DEALERS/SUB-DEALERS, subsidiaries, publishers, service providers, licensors, officers, directors, or employees shall be liable for any direct, indirect, incidental, special, or consequential damage arising out of or relating to this agreement, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or message received or transactions entered into through the company or resulting from unauthorized access to or alteration of user's transmission or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages.
- To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, ULT uses appropriate industry standard procedures to safeguard the confidentiality of ASSOCIATE DEALER's/SUB-DEALER's personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of the Website's traffic to track abuse of the ULT Website and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while ULT strives to protect its ASSOCIATE DEALER's/SUB-DEALER's personal information, ULT cannot guarantee the security of any information that Members transmit to or from the participating advertisers/merchants and ASSOCIATE DEALER/SUB-DEALER does so at his/her own risk.
- This Agreement constitutes the entire Agreement between ASSOCIATE DEALER/SUB-DEALER and ULT in connection with general membership in the COMPANY and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.
AMENDMENTS OF POLICIES/LEGAL DISPUTES
- Amendments of Policies/Adjustments of Business Plan. ULT may after reasonable notice, change/modify this agreement, the company's policies and procedures, marketing plan and strategy to maintain a viable marketing system, comply with the legal requirements and adjust to changes in economic conditions. DEALERS agree to operate in accordance with any such changes/amendments or modifications.
- Venue for Legal Disputes. In case legal disputes arise, venue for such proceedings shall only be in Baguio City, Philippines.
If you have questions or concerns about any information on this page, please feel free to contact us.
Last Updated: 12/12/2014