PUREMALTA BUSINESS OPPORTUNITY
Independent Business Owner Agreement
TW-PureMalta Terms and Conditions for Independent Business Owners. Please read this Agreement carefully before registering.
1. Authorization and Contract.
The TW-PureMalta opportunity is available in Malta, operating under the Plan (the “Region”). By executing the IBO Registration Agreement (“Agreement”), you apply for legal authorization to become a TW-PureMalta IBO and enter into a contract with TW-PureMalta (“TW-PureMalta”). Your contract with TW-PureMalta includes all of the terms in this Agreement, any renewal form(s) executed or authorized by you, the Plan as defined in Rule 2 of the TW-PureMalta Rules of Conduct (“Rule” or “Rules”), the Rules in effect at the time you execute this Agreement, and any Entity Agreement for IBOs or modifications to the Plan or Rules that become effective during the term of your contract (“IBO Contract”). You acknowledge that, prior to signing this Agreement, you have received, read, and understood the TW-PureMalta Income Disclosure that contains the average profits, earnings, and sales figures and percentages as published by TW-PureMalta; that you have read and understood the TW-PureMalta Business Reference Guide, including the Plan and the Rules, which are incorporated into this Agreement and made a part of it as if restated in full, as posted on www.PureMalta.store; and that you have read and agree to all terms set forth in this Agreement. You understand that there is no cost to become an IBO and that products or support items are optional. TW-PureMalta reserves the right to reject any application for any reason.
2. Expiration and Renewal.
You must maintain a current authorization in order to preserve your rights as an IBO, including all rights of sponsorship with IBOs and Customers you register. The term of your IBO Contract expires on December 31 each year. To remain an IBO, you must annually submit, prior to December 31, a request to renew the IBO Contract. The required annual TW-PureMalta Business Services & Support renewal cost of Euro 25.00 will be charged to your payment method indicated herein: (a) on or after January 1 of the year following your first contract year, or (b) at the time of your request for renewal in any subsequent contract year. In the event you elect automatic renewal after your first contract year, you agree to continue to abide by the terms of your IBO Contract, as it may be amended from time to time. Note that if this Agreement is processed between September 1 and December 31, the term of your first IBO Contract year will automatically include the next calendar year. TW-PureMalta reserves the right to reject your renewal request or revoke your renewal agreement under Rule 3.
3. Independent Contractor Status.
You agree that this authorization does not make you an employee, agent, or legal representative of TW-PureMalta, your sponsoring IBO, or any other IBO. As a self-employed independent contractor, you will be operating your own independent business, buying and selling products and services available through and by TW-PureMalta on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have sole discretion in scheduling such hours. TW-PureMalta will not provide you with a place of business, and if you desire a place of business other than your own residence, you will be responsible for procuring, furnishing, and paying the rental for such place of business. As a self-employed independent contractor, you are responsible for complying with any state or local business licensing requirements.
4. Tax Status and Presenting the Plan.
With respect to services performed by you under your IBO Contract, you will not be treated as an employee for tax purposes, and you will be responsible for payment of any self-employment and other income taxes. TW-PureMalta shall pay commissions, bonuses, and other remuneration due to you upon a monthly report issued by TW-PureMalta. The report shall reflect all sales and the amount earned during the relevant period in accordance with this Agreement. As an independent self-employed contractor, you are solely responsible for declaring such income and fulfilling all applicable income tax, VAT (where applicable), and social security obligations in accordance with Maltese law. Presenting the Plan: You agree, when presenting the Plan, to do so in accordance with Rule 5, including the requirement to be truthful, accurate, and not misleading, and to convey realistic expectations about potential earnings related to the TW-PureMalta business.
5. Selling Products and Refunds.
You understand and agree that you are registering with TW-PureMalta to promote and sell TW-PureMalta products and must do so consistent with the IBO Contract. You further agree to sell products available through or by TW-PureMalta only in the authorized territory of Malta and Gozo and to be bound by all sales tax collection agreements between TW-PureMalta and the various taxing jurisdictions, as well as the related rules and procedures established from time to time by TW-PureMalta to effectuate those agreements. You may earn retail margin and additional income as set forth in the Plan, but there are no sales quotas or minimum purchase requirements to be an Independent Business Owner (“IBO”). However, as provided in Paragraph 2 above, if you generate Personal Volume without generating any Verified Customer Sales, TW-PureMalta may withhold commission payments under the Plan or terminate your IBO Contract. All customer returns and refund requests shall be governed exclusively by the TW-PureMalta Refund and Return Policy, as amended from time to time. If TW-PureMalta accepts a product return or issues a refund in accordance with the Refund and Return Policy, any commissions, bonuses, retail margins, or other compensation previously paid or credited to the IBO in connection with the refunded purchase shall be deducted from the IBO’s next commission payment. If the amount of such deductions exceeds the commissions otherwise payable, TW-PureMalta reserves the right to offset the outstanding balance against future commission payments or require repayment by the IBO.
6. Payment Process.
TW-PureMalta shall pay commissions, bonuses, and other remuneration earned by a Partner under the Compensation Plan through a Revolut payment account and card provided or designated by TW-PureMalta. The Partner agrees to provide all information reasonably required to establish and maintain the Revolut account and card, including any information required for identity verification or regulatory compliance purposes. Commissions, bonuses, and other remuneration shall be credited to the Partner’s Revolut account upon receipt of a valid invoice from the Partner and in accordance with the Compensation Plan and the terms of this Agreement. The Partner may view payments received through the Revolut Platform and use the associated card to access and spend funds available in the account. As an independent self-employed contractor, the Partner is solely responsible for declaring all income received and for complying with any applicable tax, VAT, social security, and other legal obligations.
7. TW-PureMalta's Proprietary Information and Trade Secrets.
You recognize and agree that, as further set forth in Rule 6, LOS Information constitutes a commercially advantageous, unique, and proprietary trade secret owned by TW-PureMalta. During the term of your IBO Contract, in accordance with and subject to compliance with Rule 6 and any other related Rules or procedures, TW-PureMalta grants you a limited, non-exclusive, non-transferable, and revocable license to use LOS Information and other Proprietary Information, such as confidential business reports, manufacturing and product developments, and IBO sales, earnings, and other financial reports, only as necessary to facilitate your TW-PureMalta business as contemplated under the Rules and other terms of your IBO Contract. You acknowledge the substantial value of LOS Information and other Proprietary Information to TW-PureMalta and agree to maintain all LOS Information and other Proprietary Information in strictest confidence and to use it only as authorized by TW-PureMalta. You further agree not to disclose any LOS Information or other Proprietary Information to any third party, or to use LOS Information or other Proprietary Information in connection with any other businesses. Upon expiration or termination of your Independent Business, you agree promptly to return any and all LOS Information and other Proprietary Information to TW-PureMalta and immediately discontinue any further use thereof. This covenant shall survive the expiration or termination of your IBO Contract for any reason.
8. Non-Competition Agreement.
You agree that during the period while you are an IBO, you will not compete with TW-PureMalta.
9. Non-Solicitation Agreement.
You agree that during the period while you are an IBO, and for 12 months following expiration or termination of your Independent Business, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other IBO to compete with the business of TW-PureMalta. This covenant shall survive the expiration or termination of your IBO Contract for any reason. You further agree that while you are an IBO, you will not (i) sell, offer to sell, or promote other business opportunities, products, or services in connection with the Plan; or (ii) solicit, directly or indirectly, other IBOs whom you did not personally sponsor in order to sell, offer to sell, or promote other products, services, or business opportunities, investments, securities, or loans not offered through or by TW-PureMalta.
10. Images / Recordings / Consents.
You agree to permit TW-PureMalta to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by TW-PureMalta for any lawful purpose, and without compensation. You understand that you may cancel this authorization by sending a certified letter stating such cancellation to our office, Town’s End, Block D, Office 2, Triq l-Izbark tal-Francizi, Mellieha, MLH4100, Malta. You agree that, subject to TW-PureMalta’s policies, procedures, and Privacy Statements, TW-PureMalta may obtain, record, use, hold, transfer, dispose of, and otherwise process, together with other TW-PureMalta IBOs, TW-PureMalta affiliates, and third parties, such personal and business information as may be necessary to enable TW-PureMalta to fulfill its obligations under your IBO Contract, or which TW-PureMalta determines is expedient to support its business operations and the management of the Line of Sponsorship.
11. Personal and Business Data.
You agree to obtain, record, use, hold, transfer, dispose of, and otherwise process personal information about Customers, other TW-PureMalta IBOs, or any other person (however and whomever obtained from) only in accordance with your IBO Contract. Unless otherwise provided by TW-PureMalta, you shall (i) only use such personal information for your own TW-PureMalta business and for no other purpose(s); (ii) comply with your obligations regarding privacy and data security as set forth in your IBO Contract; and (iii) comply with like privacy and data security obligations to those imposed on TW-PureMalta under applicable laws in respect of such information.
12. Termination by Notice or Upon Breach.
You may terminate your IBO Contract at any time prior to expiration by written communication to TW-PureMalta. TW-PureMalta may terminate your IBO Contract as a result of breach of any of the provisions of your IBO Contract. TW-PureMalta may also take actions short of termination of your IBO Contract if you breach any of its provisions. In determining what actions to take in the event of breach of the IBO Contract, TW-PureMalta may consider, without limitation, the nature and severity of the breach, whether the breach can be or has been cured following notification by TW-PureMalta of the existence of the same, and whether there are multiple simultaneous, serial, or repeating breaches.
13. Jurisdiction and Governing Law.
The formation, construction, interpretation, and enforceability of your IBO Contract shall be governed by Maltese law, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the Country of Malta or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the Country of Malta. The place where the IBO Contract is made is Mellieha, Malta. Notwithstanding the language of this Agreement, the English language version of the Agreement shall govern.
Agreement to Mediate and Arbitrate Disputes.
TW-PureMalta and its IBOs mutually agree to resolve all disputes, claims, or controversies arising out of or relating to an Independent Business, the IBO Contract, as well as disputes involving Business Support Materials (“BSM”), under the Dispute Resolution Procedures described in the Rules. The Rules shall be part of this IBO Registration Agreement (“Agreement”) and are incorporated by reference. I agree to submit any dispute I may have with another IBO, a former IBO, TW-PureMalta, or an Approved Provider of BSM, or with any officers, directors, agents, or employees of those parties; or with any parent, subsidiary, affiliate, predecessor, or successor of TW-PureMalta or any of their officers, directors, agents, or employees, to non-binding mediation. I further agree that if any claim or dispute cannot be resolved by good faith efforts in non-binding mediation, I will submit any remaining claim or dispute arising out of or relating to my Independent Business, the IBO Contract (including any claim against another IBO, a former IBO, TW-PureMalta, or an Approved Provider of BSM; or with any officers, directors, agents, or employees of those parties; or with any parent, subsidiary, affiliate, predecessor, or successor of TW-PureMalta or any of their officers, directors, agents, or employees), or disputes involving BSM or Approved Providers of BSM, to binding arbitration. The arbitration award shall be final and binding, and judgment may be entered upon it by any court of competent jurisdiction. Demand for arbitration shall be made within 2 years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations, subject to the tolling provision. I acknowledge that this Agreement evidences a transaction involving interstate commerce. The agreement to mediate and arbitrate is reciprocal and binds TW-PureMalta, IBOs, and Approved Providers. The Arbitrator, and not a local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
14. Business Support Materials.
Some IBOs and TW-PureMalta accredited third-party providers (“Approved Providers”) offer optional BSM to IBOs. I UNDERSTAND THAT THE PURCHASE OF BSM IS PURELY VOLUNTARY. I UNDERSTAND THAT I MAY NOT SELL BSM TO ANY OTHER IBO IN THEIR FIRST CONTRACT YEAR. ONCE I RENEW MY IBO CONTRACT, IN DECIDING WHETHER OR NOT TO PURCHASE BSM, I WILL USE MY OWN GOOD JUDGMENT AND ENSURE THAT MY EXPENDITURES ARE CONSISTENT WITH MY GOALS AND WITH THE PROFITABILITY OF MY BUSINESS, AND MAY PURCHASE BSM ONLY AFTER I HAVE ASSESSED MY OWN NEEDS. BSM ARE OFFERED SEPARATELY FROM THE TW-PUREMALTA BUSINESS BY IBOS AND APPROVED PROVIDERS THAT ARE NOT OWNED OR OPERATED BY TW-PUREMALTA. I further understand that TW-PureMalta does not earn any revenue from my purchase of BSM from IBOs or Approved Providers; some IBOs and Approved Providers earn income (which is not paid by TW-PureMalta) from the sale of BSM to IBOs; IBOs and Approved Providers are required to meet TW-PureMalta’s Quality Assurance Standards for BSM (See Rule 7); and I have rights to a refund from the seller under certain circumstances. In addition, TW-PureMalta offers optional free training for IBOs in marketing and merchandising.
Final Agreement Provisions.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of your IBO Contract, including all documents incorporated herein by reference, embody the whole agreement between you and TW-PureMalta and supersede any prior agreements, understandings, and obligations between you and TW-PureMalta concerning the subject matter of your contract with TW-PureMalta.
Registrant(s).
I certify that all of the information above is complete and correct. I have read and agree to adhere to the terms of this Agreement, including the TW-PureMalta Terms and Conditions. I need only select the Business Services & Support portion in the TW-PureMalta Registration process to become an IBO. I certify that in deciding to become an IBO, I have relied solely on the earnings representations and information contained in the Plan. I certify that I have received, read, and understood the TW-PureMalta Income Disclosure. I understand how compensation is earned and the typical earnings of an IBO.
Income Disclosure Confirmation.
I HAVE READ AND UNDERSTOOD THE INFORMATION IN THE INCOME DISCLOSURE. Earnings depend on many factors, including customer base, business experience, effort, dedication, and quality and performance of the downline sales team.
Rules Confirmation.
I AGREE TO ABIDE BY THE RULES, WHICH ARE FOUND IN THE TW-PUREMALTA BUSINESS REFERENCE GUIDE AND INCORPORATED HEREIN BY REFERENCE. I UNDERSTAND THE RULES ARE AVAILABLE AT PUREMALTA.STORE.
Agreement Confirmation
Before submitting your registration, you should confirm that you have read and understood this Agreement, the Income Disclosure, and the applicable Rules.
