Play
Open
Terms and Conditions
This agreement ("Agreement") is entered into between the Subscriber and ESMS Global ("Company"). By engaging in this Agreement, the Subscriber agrees to be bound by the following terms and conditions:
This agreement (“Agreement”) is entered into between the Subscriber and ESMS Global (“Company”). By engaging in this Agreement, the Subscriber agrees to be bound by the following terms and conditions:
- Introduction and Establishment of Agreement: This Agreement (“Agreement”) sets forth the terms and conditions governing the relationship between the Subscriber and ESMS Global (“Company”). By entering into this Agreement, the Subscriber acknowledges and consents to adhere to the provisions outlined herein.
- Reservation Fee: To initiate this contractual relationship, the Subscriber shall remit a reservation fee of [_________] to ESMS Global upon the commencement of this agreement. This fee marks the official initiation of the contract and is deemed received by ESMS Global upon its receipt.
- Remuneration: Upon the successful onboarding of new clients to the Subscriber’s company, the reservation fee of [_________] shall be fully compensated. All proceeds generated from these new clients shall be directed to the Subscriber’s operational account, subject to the requirement that said account maintains a favorable standing.
- Invoicing and Expenditure: Following the complete compensation of the reservation fee, ESMS Global will invoice the Subscriber for 40 percent of all funds generated thereafter. This invoicing covers expenses such as ESMS Global staff fees, marketing campaigns, lead campaigns, and other related operational costs. Payments for these expenditures are due within the first week of each month.
- Fiduciary Duty: ESMS Global is entrusted to act as a fiduciary for the Subscriber. In doing so, ESMS Global is obligated to prioritize the best interests of the Subscriber while upholding principles of good faith and trust.
- Data Ownership: Any and all data acquired by ESMS Global on behalf of the Subscriber remains the exclusive property of the Subscriber. This data may not be utilized for alternative purposes or shared with other entities without the express consent of the Subscriber.
- Data Management: ESMS Global is committed to handling all data ethically and transparently. The use of data acquired shall be solely for the benefit of the Subscriber, and ESMS Global shall refrain from its exploitation for other purposes or with other entities.
- Documentation and Compliance: ESMS Global shall ensure the Subscriber’s compliance with all relevant state or local laws pertaining to the Subscriber’s business operations. Additionally, all necessary documentation shall be provided to the Subscriber for their records.
- Client Communication: The Subscriber retains the right to access all client data provided by ESMS Global and may engage directly with retail clients contacted on their behalf.
- Termination: Either party reserves the right to terminate this Agreement upon providing written notice to the other party, in accordance with the terms outlined herein.
- Governing Law: This Agreement shall be governed by the laws of the specified jurisdiction, with any conflicts of law provisions being disregarded.
- Entire Agreement: This Agreement constitutes the entirety of the arrangement between the parties regarding the subject matter herein, superseding all prior agreements. By affixing their signature below, the Subscriber acknowledges and consents to abide by the terms and conditions outlined in this Agreement.