You have been appointed by STARBOX REBATES SDN. BHD. (Company Registration Number: 1335554-V), a company incorporated in Malaysia and having its business office at VO2-08-12, Velocity Office 2, Lingkaran SV Sunway Velocity, 55100 Kuala Lumpur, Malaysia (herein after referred as “The Company”) to promote, market and sell the Company’s Consumer Commitment and Rebate System from time to time introduced by the Company (“The Company’s Product”). This agreement is implemented in compliance with the obligations imposed on you by the Company and shall be observed and complied with by all the Staff of the Company.
APPLICATION & INTERPRETATION
This agreement is binding on all the Staff of the Company. Unless otherwise specified:-
(a) The term “Company” refers to STARBOX REBATES SDN. BHD. (Company Registration Number: 1335554-V), a company incorporated in Malaysia and having its business office at VO2-08-12, Velocity Office 2, Lingkaran SV Sunway Velocity, 55100 Kuala Lumpur, Malaysia and its successors in title and permitted assigns.
(b) The term “Staff” means directors, officers and all other employees of the Company inclusive of contractual staff and sales agents or agencies.
(c) The term “Confidential Information” means any or all information (whether oral or in writing) or documents or other matters which are disclosed, communicated or submitted to the Staff in the course of their employment and/or assignment with the Company and/or pursuant to or in connection with the discharge of their duties and performance of their functions to the Company. Such Confidential Information shall include but is not limited to all information and documents relating to the customers or prospective customers of the Company, business and financial affairs, accounts and personal details; and all information and documents disclosed, communicated or revealed by the Company to the Staff relating to or in connection with the business operations or financial or other affairs of the Company.
(d) Words importing masculine gender shall include the feminine and neuter genders and vice versa.
(e) Words importing the singular number shall include the plural number and vice versa.
(a) The Staff must fully realise that they will be promoting and selling the Company’s Products and are therefore expected to carry out their duties with honesty, integrity and professionalism and to express these moral and technical standards in their day-to-day work and in all their relationships.
(b) The Staff shall conduct the promotion and marketing of the Company’s Products with all due care and diligence.
CONFLICT OF INTEREST
Staff must not allow their personal interests to conflict with the interests of the Company. The following specific guidelines must be observed.
(a) The Staff shall devote the whole of his energies and business time to provide efficient service to the Company and shall not allow their interests to conflict with the duties that they owe to the Company.
(b) The Staff shall not without the consent of the Company be engaged or interested either directly or indirectly in any capacity in any trade, business or occupation whatsoever other than the promotion and marketing the Company’s Products.
(c) The Staff shall not engage in any conduct which in the absolute opinion of the Company is prejudicial to the Company’s business or the promotion or marketing of the Company’s Products generally.
(d) The Staff shall act towards the Company dutifully and in utmost good faith.
DUTY OF GOOD FAITH AND DILIGENCE
In order to exercise utmost good faith and diligence in the discharge of the Staff’s duty:-
(a) the Staff shall at all times act promptly, diligently and in a manner which is legal, ethical and reasonable, and which is in accordance with accepted business practice;
(b) the Staff shall not communicate with any prospective customer or customer of the Company in a threatening or abusive manner or act in a manner as to give cause for complaint to the Company;
(c) the Staff shall not sign any application on behalf of the Company’s prospective customer or customer even if expressly requested or authorised by such prospective customer or customer;
(d) the Staff shall not collect any annual fee, service charges or any other fees or compensation from any prospective customer or customer of the Company without the express authority of the Company in writing;
(e) the Staff shall at all times observe and comply with instructions from the Company;
(f) the Staff shall promptly inform the managers of the Company in the event of detection or knowledge of any dishonest or fraudulent practice within the Company;
(g) the Staff shall not give any false report to the Company;
(h) the Staff shall not talk to the media on any of the Company’s matters;
(i) the Staff shall not make or give any promises, warranties, guarantee or representation in respect of the Company’s Products prior to processing by the Company, other than those provided by the Company;
(j) the Staff shall ensure that all new applications in respect of the Company’s Products solicited are promptly and accurately recorded and submitted to the Company;
(k) the Staff shall ensure that all complaints received are made known to the Company and dealt with promptly and satisfactorily;
(l) the Staff shall be presentable at all times with regards their dressing, personal hygiene, language in keeping with the professional and public image of the Company;
(m) the Staff shall not share or exchange leads, information or applications with competitors of the Company pertaining to the Company’s Products;
(n) the Staff shall not appoint any firm, relative or business partner to promote the Company’s Products on his/her behalf;
(o) the Staff shall not use the logo or name of the Company in any official or unofficial documents without the consent of the Company;
(p) the Staff shall not abuse any authorisation or business card given by the Company for the discharge of his/her duties or use the same to the detriment of the Company.
INFORMATION NOT TO BE MISUSED
(a) The Staff must not during or after the termination of their employment make use of or exploit the Confidential Information obtained in the course of their employment and/or assignment with the Company and/or discharge of their duties for any purpose other than in the performance of their duties to the Company. They may not pass such Confidential Information to any other persons unless they need it to discharge their duties to the Company.
(b) The Staff must not retain any documents or copies of such documents obtained from customers or prospective customers of the Company in the course of employment and/or discharge of their duties to the Company or make copies of such documents for any other persons unless they need it to discharge their duties to the Company.
POSITION NOT TO BE ABUSED
(a) The Staff shall not represent or hold themselves out as being authorised to bind the Company in any way and shall not do any act which might reasonably create the impression that they are so authorised.
(b) The Staff shall not in any way represent or hold himself/herself out as being an employee or agent of the Company and shall have no right or authority to create or enter into any obligation of any kind in the name of the Company or accept judicial process or receive any notices of any nature whatsoever on the Company’s behalf.
(c) The Staff shall not make or give any promises, warranties, guarantees or representations in respect any of the Company’s Products.
(d) The Staff shall not abuse any authorisation given to them by the Company for the discharge of their duties.
(e) The Staff shall not issue, make, alter, vary or discharge any contract nor waive any forfeiture no incur any liability on behalf of the Company or receive any monies due or become due to the Company.
CONFIDENTIALITY TO BE ENSURED
(a) Confidential Information obtained by the Staff in the course of their employment or assignment with the Company or in the discharge of their duties must be kept secret and is not to be disclosed to any person or entity other than, the Company and their respective authorised representatives.
(b) The Staff must not during or after the termination of his assignment or employment with the Company: -
(c) produce, divulge, reveal, publish or otherwise disclose any of the Confidential Information to any person not expressly authorised to receive or have access to the Confidential Information or make a record for any such person;
(d) exploit or misuse any such Confidential Information or documents to the detriment of the Company;
(e)make reproduction, copies, excerpts, compilations of the Confidential Information and/or use the same for their personal or commercial use.
(f) The Staff may only disclose Confidential Information about any customer or prospective customer: -
(i) after receiving the customer or prospective customer’s prior written consent;
(ii) when required to do so by law.
(a) Without prejudice to any other remedies the Company may have against the Agent or Agency, the Company shall have the right at any time by giving notice in writing to the Agent or Agency to terminate this Agreement forthwith in any of the following events.
(i) if the Agent or Agency commits a breach of any of the terms or conditions of this Agreement.
(ii) if the Agent or Agency is guilty of any conduct which in the opinion of the Company is prejudicial to the Company’s interest or is guilty of any non-disclosure or inaccurate disclosure to the Company of past criminal, dishonest or other prejudicial conduct.
(iii) if the Agent or Agency misappropriates monies meant for payment to the Company.
(iv) if the Agent or Agency makes any misrepresentation for the purpose of inducing the applicant in the Company or any other agency to convert his/her application.
(v) if the Agent or Agency has committed a fraudulent act or acts in the nature of fraud upon the Company or has been guilty of misrepresentation in dealing with the Company.
(b) If at any time the Company shall cease to carry on the business in the territory in which the Agent or Agency is operating, the Company may in its absolute discretion terminate this Agreement. In the event of such termination, the Agent or Agency shall not be entitled to be paid compensation by the Company.
(c) Notwithstanding anything herein contained either party may terminate this Agreement at any time without assigning any reason therefore, by giving to the other thirty (30) days’ notice in writing.
(d) Subject as herein otherwise provided, iti is agreed that on the termination of this Agreement all rights and benefits conferred by this Agreement upon the Agent or Agency shall cease automatically but such determination of the Agreement shall be without prejudice to any right of action already accrued to either party in respect of any breach of this Agreement by the other party.
(e) Upon termination of this Agreement for any cause or at any time prior to such termination at the request of the Company the Agent or Agency shall promptly return to the Company all forms pamphlets, catalogues, advertising material, specifications and other materials, documents and papers whatsoever sent to the Agent or Agency and relating to the business of the Company which the Agent may have in his possession or under his control and also deliver up to the Company upon the termination of this Agreement. The coast of carriage, insurance and charges in any such return, delivery-up or other disposal shall be borne solely by the Agent.