IBO’s Terms and Conditions

1 .General Provisions
1.1 These General Terms and Conditions for IBO’s outline the conditions for individuals who wish to become MKX IBO’s. By becoming an IBO, you gain the right to promote and sell MKX Products and Services and the MKX Opportunity. The Agreement includes the Application, these General Terms and Conditions for IBO’s, the Compensation Plan, the General Terms and Conditions, Terms of Use, the Privacy Policy and all current and future supplementary documents provided by MKX. By accepting this Agreement, whether electronically, online, through click-wrap, browser-wrap, shrink-wrap or any other digital means, you enter into a legally binding agreement with MKX.
2. Definitions
2.1 As used in this Agreement, the following terms shall have the meanings set forth below, unless the context requires otherwise:

3. Purpose of this Agreement 

3.1 Upon completing the Application on the MKX website (https://mkxnetwork.com), another designated URL, software or app and agreeing to the current General Terms and Conditions for IBO’s, as well as making the payment of the MKX Business Fee, a Customer is eligible to submit an application for becoming an IBO, unless prohibited by law. On the Effective Date, the Customer will be granted access to the purchased MKX Products and Services, as well as the MKX Business Resources through the MKX Back Office. Customers shall not have any entitlement to make claims in the event of non-admission. 

3.2 Once MKX accepts a Customer to become an IBO, the benefits outlined in the Agreement will be made available as long as the IBO remains in compliance with the terms of the Agreement. Compensation for IBO’s is based on their successful promotion and sale of MKX Products and Services to Customers, as outlined in these General Terms and Conditions and the Compensation Plan. The success of an IBO is determined by their individual efforts and abilities, and no promises or guarantees are made regarding earnings, profits, or overall business success. NO COMPENSATION IS EARNED FOR PROMOTING THE MKX OPPORTUNITY OR SPONSORING NEW IBO’S. Furthermore, a Customer who becomes an IBO solely through their own introduction to MKX Products and Services and MKX Business Resources shall not be eligible for compensation. 

3.3 As an IBO, you will possess the non-exclusive and revocable right to promote MKX Products and Services, as well as the MKX Opportunity, which includes utilizing your personal referral link. This right extends to any country where MKX operates, and you also have the authority to sponsor individuals or legal entities into your Downline, subject to the terms of this Agreement and compliance with the applicable laws and regulations in the respective countries. 

3.4 MKX retains the discretion to decline any Application or renewal without providing a specific reason. Applications that contain deliberately falsified information will be considered invalid by MKX. 

4. Term 

4.1 The duration of this Agreement commences on the Effective Date and expires 12 months from the date the IBO paid the MKX Business Fee (referred to as the initial Term). Thereafter, the Agreement will be automatically extended with annual payment cycles, provided that MKX does not cancel it prior to the anniversary date of the initial Term or at any time during the extension, and as long as the IBO fulfills its obligations and requirements under this Agreement. In the event the IBO does not cancel their Distribution Network, they authorize MKX to charge the MKX Business Fee for the next billing cycle using the payment method associated with their account. The IBO also grants MKX permission to engage a third-party payment processor and consents to the disclosure of their payment information to such third party. 

4.2 Notwithstanding the above, if MKX is unable to process the MKX Business Fee on the scheduled billing date using the IBO's designated payment method, and the IBO does not cancel their Distribution Network, a Grace period of 30 days will be granted for the IBO to make the payment. If the payment is made after the Grace period but before the next billing cycle, the IBO acknowledges and agrees that they will not be eligible to receive compensation or other benefits derived from the activities of their former Downline during the period from the start of the Grace period until the date of payment. After the Grace period, MKX may suspend access to the MKX Back Office until the payment for the current billing cycle is successfully received. 

4.3 The IBO has the right to cancel their Distribution Network at any time. In such cases, the IBO will retain access to the MKX Back Office until the end of the current billing period. Payments made are non-refundable, and MKX does not provide refunds or credits for partial or remaining periods. 

4.4 If the IBO decides to cancel their Distribution Network, they can do so by accessing the billing details information in their MKX Back Office account.  

4.5 If the IBO cancels their Distribution Network or fails to make payment on the annual billing date, the Agreement will automatically terminate at the end of the current billing period (subject to any applicable Grace period). Upon termination, the IBO permanently loses all rights associated with being an IBO, including the right to promote MKX Products and Services and the MKX Opportunity, and the right to receive future compensation or other benefits derived from the activities of their former Downline. 

5. Right of Withdrawal 

The IBO acknowledges and agrees that by entering into this Agreement, they will gain immediate access to their digital rights and, as a result, their right of withdrawal under the European Distance Selling Directive will be waived. The IBO hereby irrevocably and expressly waives any such right. 

If the IBO has made purchases of MKX Products and Services or MKX Business Resources as a Customer, those purchases will be governed by the applicable terms and conditions for such purchases. 

As an IBO, you have the option to request a transfer of ownership of your Position to another individual who meets the qualifications to become an IBO and enters into an Agreement with MKX. Any such transfer is subject to MKX's Policies and Procedures and requires the consent of MKX, and it may be rejected without providing a reason. 

6. Independent Contractor  

6.1 The person submitting the Application confirms that they are authorized to enter into an Agreement with MKX and that they are at least 18 years of age (or the minimum age required in the IBO's Residence Country if an individual) or properly registered and in good standing in each jurisdiction where they conduct business (if an entity). 

6.2 If required by law, MKX shall conduct identity verification through "Know Your Customer" (KYC) procedures. Failure to pass the KYC procedure may result in the rejection of the Application. The documents submitted for company verification may include those issued by the applicable registrar reflecting the company's details and principals. 

6.3 The IBO is acknowledged as a self-employed independent contractor. This Agreement does not establish a franchise, employer/employee relationship, partnership, joint venture, or legal representation of MKX. 

6.4 The IBO is not authorized to bind MKX to any obligations, make representations or warranties, incur debts or liabilities, sign documents, collect funds, hold assets, or take actions that could impose obligations on MKX towards third parties. 

6.5 The IBO, as an independent contractor, is responsible for payment of national insurance contributions, income taxes, VAT, and compliance with filing and reporting requirements as mandated by law. The IBO acknowledges that they are not entitled to employment protection under legislation and will not be treated as an employee for tax, legal, or other purposes. The IBO agrees to maintain sufficient insurance coverage, including public liability insurance. 

6.6 IBO’s have the autonomy to determine their preferred means, methods, and approach to work, including their work schedule and location, within the boundaries and responsibilities outlined in this Agreement. 

6.7 Upon joining MKX, an IBO is authorized to engage in the promotion and sale of MKX Products and Services, as well as promote the MKX Opportunity and directly sponsor IBO’s in any country where MKX operates, on the condition that they adhere to the provisions of this Agreement and comply with all relevant local laws and regulations. 

7. Financial Responsibilities of IBO’s 

7.1 During the Initial Term and Renewal Term, the IBO's sole financial obligation to MKX is the payment of the MKX Business Fee. 

7.2 The IBO is not obligated to purchase MKX Products and Services or MKX Business Resources or participate in the Compensation Plan. If the IBO chooses to purchase MKX Products and Services, they are subject to the terms and conditions of the relevant Customer Contract. 

7.3 In the event of the IBO's failure to pay for MKX Products and Services, MKX may, in addition to any remedies stated in the Customer Contract, (a) offset the amounts owed from any remuneration due to the IBO under this Agreement, (b) impose reasonable penalties and statutory interest, and (c) initiate a compliance investigation under Section 25. 

7.4 The IBO is responsible for paying all income taxes and other taxes charged on amounts earned under this Agreement. 

7.6 The IBO operates their Distribution Network as a separate business and is responsible for all expenses, debts, and liabilities incurred. The IBO bears sole responsibility for all financial and other obligations related to their business, and MKX is not liable for payment or reimbursement of such costs. The IBO's compensation is based on the successful promotion and sale of MKX Products and Services and is not tied to the number of hours worked. 

8. IBO Responsibilities 

8.1 IBO’s are only allowed to use direct selling and relational marketing methods to promote MKX Products and Services and the MKX Opportunity, ensuring compliance with applicable local laws. They may utilize various marketing channels such as social media, blogs, forums, and chatrooms, as long as it is explicitly stated that these channels are not official MKX channels and are not sponsored by MKX or any of its affiliates. IBO’s must adhere to the highest ethical standards and comply with local, national, and international laws, regulations, and industry codes. Violations of the aforementioned provisions may carry severe consequences, including but not limited to substantial fines, confiscation of property, closure of business operations, and potential imprisonment as determined by local authorities.  

8.2 IBO’s are expected to uphold the core values of MKX, act honestly and fairly, disclose their affiliation with MKX, and refrain from implying any exclusive territory rights. They should conduct their business activities professionally, avoid actions that harm MKX's reputation, provide clear and truthful information about MKX Products and Services and the MKX Opportunity, and refrain from using misleading or unfair sales practices. IBO’s must present the MKX Opportunity as an equal opportunity, irrespective of ethnicity, sexuality, gender, nationality, or religious or political beliefs. They should not associate MKX with any religious, spiritual, or political organizations, and must rely on official MKX materials or authorized claims. IBO’s are responsible for advising potential Customers and IBO’s of their right to withdraw from a Customer Contract or an Application and Agreement, maintaining communication with their downline, and complying with MKX's instructions and rules. They should not engage in spam email or other forms of internet abuse, adhere to competition and direct selling laws, avoid misrepresentation, and respect MKX's intellectual property rights. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in subdomains or other subcategories of the URL. IBO’s are prohibited from rebranding, relabelling, or freely distributing MKX products or services. They should not organize promotional events without indicating that they are IBO-led events and not official MKX events. Reselling MKX gift codes at a discounted price is strictly prohibited. IBO’s must promptly report any breaches of this Agreement and ensure that prospective Customers and IBO’s have access to relevant terms and conditions before making any commitments. IBO’s should refrain from making unrealistic earnings promises, profits, or business success, and guarantee compliance. IBO’s will indemnify and hold MKX harmless from any liability resulting from their non-compliance with these provisions. 

8.3 The IBO represents and warranties and agrees that all times this Agreement is in effect such IBO is duly registered as a commodity trading advisor with the DFSA or any similar local financial authority or not required to be so registered, holds all other registrations required to act as an IBO and to carry out its business and is in compliance with all exclusions and exceptions on which such IBO is relying not to register with one or more governmental authorities. 

9. Back Office Access 

9.1 During maintenance or improvements of the MKX Back Office, certain functions may be temporarily unavailable. MKX will not be held liable for any unavailability caused by interruptions, failures, or technical issues. 

9.2 MKX strives to continuously develop and enhance the available MKX Products and Services, MKX Business Resources, and the MKX Back Office. This may involve improvements, expansions, or minor modifications to individual applications and functions. This also includes the possibility of discontinuing certain functionalities or features. MKX may make changes to Products or Services as customary in the industry or as required by legal obligations. 

9.3 Occasionally, MKX may invite selected IBO’s to try out exclusive products or features related to Products or Services , which may not be accessible to all IBO’s or the general public. These products or features may be designated as alpha, beta, preview, pilot, limited release, or similar terms ("Beta Services"). Beta Services are provided for evaluation or testing purposes, and therefore may contain bugs, errors, or be less reliable compared to other service features. MKX reserves the right to discontinue Beta Services at its sole discretion and may choose not to make them generally available. It should be noted that Beta Services are subject to the terms of this Agreement, including Section 19. 

9.4 IBO’s are prohibited from circumventing, altering, deactivating, degrading, or bypassing any content protections within the MKX Back Office. They must not use automated means to access the MKX Back Office, decompile or reverse engineer any software or products accessible through MKX, manipulate MKX's content, or employ data mining or extraction methods. Additionally, IBO’s agree not to upload, post, email, or transmit any material intended to disrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with MKX. This includes the transmission of software viruses or any other computer code, files, or programs. 

9.5 IBO’s must not exploit any bugs, glitches, vulnerabilities, or unintended mechanics in the MKX webshop, Back Office, or any other aspect of MKX's operations to gain an unfair advantage or violate the terms and conditions of MKX, including but not limited to ranks, commissions, bonuses, or other aspects of the agreement. 

10. Intellectual Property Usage 

10.1 The MKX Intellectual Property, including trademarks and copyrighted materials, are protected by law and owned by MKX or its licensors. 

10.2 During the Agreement Term, IBO’s are granted a revocable, non-exclusive, and non-transferable license to use MKX or its licensor's trademarks and copyrighted materials solely for the purpose of promoting and selling MKX Products and Services and the MKX Opportunity, as specified in the Agreement. This use must comply with local laws and regulations and be limited to the context of this Agreement. No other rights of use are granted. 

10.3 IBO’s do not acquire any right, title, or interest in MKX or its licensor's Intellectual Property. IBO’s are prohibited from obtaining any rights through patents, trademarks, domain names, or copyrights related to MKX or its licensor's names, trademarks, logos, or trade names without MKX's authorization. Unauthorized use of trademarks not owned or licensed by MKX is strictly prohibited. 

10.4 IBO’s acknowledge that any goodwill associated with MKX's trademarks and copyrighted materials, including goodwill resulting from their use, belongs exclusively to MKX. Upon expiration or termination of the Agreement, no monetary value will be attributed to the goodwill associated with IBO’s' use of the trademarks or copyrighted materials. 

10.5 IBO’s may not modify or alter the Intellectual Property or any related materials without prior written approval from MKX. Unauthorized use of the Intellectual Property is a violation of the Agreement, and IBO’s are liable for any damages arising from misuse, unless specifically authorized in writing by MKX. 

10.6 The right to use the Intellectual Property granted in this Section may be terminated by MKX at any time without notice, and such right to use will immediately cease upon notification of any breach. Termination of the Agreement automatically revokes the right to use the Intellectual Property, without prejudice to MKX's rights and remedies under the applicable law. 

11. Usage of Marketing and Training Resources 

11.1 IBO’s are allowed to use their own printed and electronic materials to promote and sell MKX Products and Services, as well as train other IBO’s. These materials must include the MKX logo and the IBO's full name, along with a statement indicating they are an MKX IBO. However, these materials should not be presented as official MKX material. Promotions or statements that may not be appropriate or legal in certain countries must be removed upon request. The materials should also include a disclaimer stating that MKX's services are not investment or commodity trading advice and that MKX is not registered as a commodity trading advisor or investment adviser with the DFSA. 

11.2 Since MKX and its services are not regulated by any regulatory or self-regulatory authority, they cannot be advertised or marketed as regulated activities. All marketing efforts must comply with general advertising laws and regulations. 

11.3 When renting a facility for a meeting or event, the fees charged to attending IBO’s and their guests should only cover the direct costs of the meeting or event and not aim to generate a profit for the IBO’s. 

11.4 IBO’s are prohibited from profiting from the sale or resale of marketing or training materials, whether produced by MKX or the IBO. However, they may charge an amount sufficient to cover their direct costs for producing such materials. 

11.5 MKX may request records related to the IBO's direct costs or other matters, as described in this Section or as required by law. The IBO must provide written evidence of these records within 14 days upon request. 

12. Ethical Conduct and Legal Compliance 

12.1 The promotion and sale of MKX Products and Services and the MKX Opportunity are subject to government regulations from local, national, and international authorities. IBO’s must comply with all applicable laws and regulations when promoting and selling MKX Products and Services and the MKX Opportunity. This includes obtaining necessary permits, licenses, registrations, and authorizations in each country of operation, maintaining accurate records, and fulfilling tax and governmental fee obligations. Compliance with consumer protection, direct selling, distance selling, telecommunications, and data protection rules is also required. 

13. Earning and Commission Structure 

13.1 Subject to compliance with this Agreement and applicable government regulations, IBO’s are compensated based on the current Compensation Plan for the successful sale of MKX Products and Services by themselves and their Downline. However, NO COMPENSATION IS EARNED FOR PROMOTING THE MKX OPPORTUNITY OR RECRUITING NEW IBO’S. IBO’s understand that their earnings and business success depend on their own efforts and abilities, and no specific earnings or profits are guaranteed. 

13.2 To receive payment, an IBO must have an active Distribution Network. This requirement is a consideration of this Agreement. 

13.3 MKX may withhold or suspend payment if an IBO breaches the Agreement or if the payment violates the law. MKX also has the right to deduct from the IBO's account or withhold payable Compensation. 

14. Awards 

14.1 Under the Compensation Plan, we may grant monetary awards to eligible IBO’s subject to specific terms and conditions. If an IBO fails to pay the Business Fee or if their Distribution Network is suspended or terminated, any uncollected or unrewarded awards become void. The IBO must collect the award within a designated timeframe, and failure to do so will result in the forfeiture of the award and no further claims will be entertained.  

14.2 MKX may require the IBO to provide additional information or documentation to process the award. Upon successful verification of the award claim, the monetary award will be credited to the IBO account balance within a reasonable time frame.  

14.3 The monetary award is non-transferable and cannot be exchanged for any other form of compensation. The award is granted solely as a recognition of the IBO's performance and does not create any contractual or employment relationship between MKX and the IBO. The awarded IBO is solely responsible for any taxes, duties, or other levies applicable to the monetary award under the laws and regulations of their respective jurisdiction. 

14.4 MKX reserves the right to modify, suspend, or terminate the monetary awards program at any time without prior notice. 

15. Billing and Compensation Procedures 

15.1 Compensation will be tracked in your MKX Back Office dashboard and paid to your designated bank account.  

15.2 All IBO earnings that have not been claimed or accessed within a period of two (2) years from the date of accrual may expire at MKX’s discretion. Expired earnings will no longer be available for withdrawal or transfer. It is the responsibility of each IBO to ensure they regularly access, spend or withdraw their earned commissions and bonuses to avoid expiration. Unclaimed earnings do not accrue interest. 

15.3 If an IBO has legitimate reasons for not accessing their earnings within the specified two-year period, they may submit a request for an exception. Such requests will be reviewed on a case-by-case basis. Valid reasons for exceptions may include but are not limited to health issues, personal emergencies, or other unforeseen circumstances that prevented the IBO from accessing their earnings. To request an exception, the IBO may be requested to provide appropriate documentation or evidence to support their claim. MKX is committed to treating each case with fairness and compassion. IBOs can contact MKX’s support team to initiate the exception request process. 

15.4 You authorize MKX to issue receipts or invoices on your behalf. 

15.5 Invoices will be issued electronically along with the payment after each reporting period. 

15.6 The delivery of the invoice constitutes acceptance, and IBO’s are responsible for applicable taxes and duties. MKX may withhold a percentage of IBO income for tax purposes. IBO’s must disclose their income and pay the required taxes. 

15.7 If VAT registered, MKX will include VAT at the prevailing rate unless the IBO provides a valid VAT certificate indicating a reduced rate or exemption. 

15.8 IBO’s cannot issue invoices for amounts for which MKX is authorized to issue self-billed invoices. 

15.9 MKX will issue sequentially numbered invoices and may apply a processing fee for payments to the IBO. 

15.10 IBO’s must not modify or delete invoices and should protect their login details. Any changes in name, address, or VAT registration must be promptly reported to MKX. Failure to inform MKX of VAT registration may result in no financial responsibility for previously issued invoices. 

15.11 MKX may offset payments due under this Agreement against any debts owed by the IBO. 

15.12 MKX reserves the right to reduce, withhold, or recover payments in the event of an identified error, regardless of its source. 

16. Resolution of IBO Disputes 

16.1 When an IBO has a grievance or complaint with another IBO, they should try to resolve it amicably. If the complaint involves a violation of the Agreement, the IBO should report it in writing to the MKX Compliance Department. The IBO will provide details of the incident and any supporting documentation. Anonymous complaints are accepted, but credible evidence is required for corrective action. MKX may inform the upline leaders of any actions taken. Complaints regarding MKX Products and Services or the MKX Opportunity should be promptly forwarded to MKX. MKX has the discretion to choose the appropriate remedies, including suspension and termination, to protect its interests. 

17. Termination 

17.1 MKX has the right to terminate this Agreement by providing 14 days' written notice to the IBO, or immediately if the IBO violates any provisions of the Agreement. The termination notice will be delivered to the IBO via email or in the IBO’s MKX Back Office account. MKX also reserves the right to terminate all Agreements with 30 days' notice in the event that MKX decides to cease its business operations, dissolve as a business entity, or discontinue the distribution of its Products and Services. Either the IBO or MKX may terminate the Agreement immediately upon notice to the other upon the bankruptcy of the other or upon notice from a regulatory authority or a reasonable belief that this Agreement violates applicable law.  

18. Effect of Termination 

18.1 Upon termination of the Agreement, the terminated IBO is required to take the following actions: 

(a) Remove and cease using any trademarks, service marks, trade names, signs, labels, stationery, or advertising related to MKX Products and Services or the MKX Opportunity; 

(b) Stop representing themselves as an IBO of MKX; 

(c) Forfeit all rights to their Distribution Network, position in the Compensation Plan, and any future Compensation and earnings; 

(d) Comply with MKX's requests regarding the return of materials and protection of confidential information and intellectual property; 

(e) Be prohibited from submitting a new Application and Agreement in the future. MKX may offset any amounts owed by the terminated IBO. 

18.2 If a terminated IBO wishes to appeal the termination based on violation of the Agreement, they must submit a letter of appeal to MKX's Compliance Department within ten (10) business days of receiving the termination notice. MKX will review the appeal and communicate its decision, which will be final and not subject to further review. If no appeal is received by the deadline, the termination will remain in effect. All of MKX's Intellectual Property remains the property of MKX, and upon termination, the IBO must return all related items within five (5) days and not retain any copies of confidential items or information. 

18.3 In the event of MKX’s termination due to business cessation or dissolvement, the IBO’s earned commissions must be withdrawn within thirty (30) days from the termination notice date. Any commissions not withdrawn within these 30 days period will be forfeited, and no further payouts will be made. The IBO is responsible for ensuring their contact and payment information is up to date to facilitate a smooth withdrawal process. MKX is not liable for delays caused by inaccurate information. 

18.4 An IBO agrees not to challenge the amount or validity of any settlement agreement or payment arising from this Agreement following termination. 

18.5 Notwithstanding the termination or expiration of this Agreement, the provisions of this Agreement that by their nature are intended to survive, including but not limited to e.g., confidentiality, liability, indemnity, intellectual property rights, dispute resolution, shall remain in full force and effect after such termination or expiration. 

19. Liabilities 

19.1 MKX and its affiliates, officers, directors, employees, and other IBO’s shall not be liable for any direct, indirect, consequential, special, multiple, or exemplary damages suffered by IBO’s or any other person. IBO releases MKX from any such claims and waives any claim for such damages, with the maximum liability of MKX limited to the amount in fees already paid by the IBO to MKX in the twelve-month period preceding the event giving rise to a claim. 

19.2 The liability limitations in this Section are acknowledged and reflected in the consideration provided under the Agreement and in the decision of the IBO to enter into the Agreement. IBO agrees that it shall have no claim against MKX or any MKX Business Associates for various scenarios outlined in this Section 19.2, including but not limited to discontinuance or modification of MKX Products or Services , modifications to the terms and conditions of the MKX Opportunity or the Agreement, the Compensation Plan, refusal or inability to provide MKX Products and Services to a Customer, termination of the relationship between a Customer and MKX or a MKX Business Associates, removal of a Customer from the IBO's account, and changes to an IBO's remuneration or position in the Compensation Plan. 

19.3 Each IBO agrees to indemnify and hold MKX, its shareholders, officers, directors, employees, agents, successors in interest, and MKX Business Associates harmless from any demand, liabilities, damages, losses, claims, costs, or expenses including, but not limited to, reasonable court costs and attorneys’ fees, asserted against or suffered or incurred by any of them, directly or indirectly, arising of or in any way related to or connected with allegedly or otherwise, from the IBO's acts or omissions in violation of the Agreement, activities as an IBO and/or violation of or failure to comply with any applicable laws or regulations. MKX may recover such liabilities or costs by offsetting them from any earned Compensation due to the IBO or through other available legal means. 

19.4 Any action against MKX relating to or arising from the Agreement must be brought within one (1) year from the date of the alleged conduct. Failure to do so within the specified time will bar all claims against MKX. The IBO agrees to bring such actions through arbitration as described in Section 36.2 of the Agreement. 

20. Income Disclosure 

20.1 Earnings or potential earnings mentioned in the Compensation Plan or any of our materials are illustrative only and not guaranteed. Actual results will vary based on individual effort, skills, market conditions, and other factors. Participation as an IBO does not ensure success or any specific income level, and results are not typical. 

20.2 We provide access to a range of products, services and business opportunities, including but not limited to software solutions, trading-related tools, educational tools and real estate investment options such as fractional ownership. The Customer understands and acknowledges that this is not designed to offer rapid financial gain or immediate wealth. Success requires consistent effort, effective planning, and a long-term commitment to building your business and achieving results.  

20.3 Testimonials or endorsements provided by IBO’s or customers reflect their personal experiences and are not guarantees of success or typical results. 

21. Force Majeure 

21.1 MKX shall not be held liable for any failure or delay in fulfilling its obligations under this Agreement if such failure or delay is caused by circumstances beyond MKX's control. These circumstances may include acts of God, accidents, riots, war, terrorist acts, epidemics, pandemics, quarantines, civil commotions, power failures, malfunctions or maintenance of internet, computer network, or telecommunications facilities, breakdown of web hosts, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, labour difficulties, fires, explosions, or a generalized lack of availability of raw materials or energy. In such cases, MKX's performance of its obligations under the Agreement will be suspended until the circumstances causing the failure or delay are resolved. 

22. IBO Loyalty and Non-Compete Obligations 

22.1 An IBO is allowed to participate in other network marketing or direct selling business ventures, but during the Term of this Agreement and for 90 days following termination, the IBO is prohibited from: 

(a) Soliciting, recruiting, or enticing other MKX IBO’s or Customers to join another network marketing business or opportunity that may alter their business relationship with MKX. 

(b) Making negative or harmful comments about MKX or its partnering companies, brands, logos, or trademarks. 

(c) Attempting to recruit active MKX IBO’s into their own organization (crossline recruiting). 

(d) Taking actions to transfer a Customer to a provider of comparable services or products or induce a Customer to transfer. 

(e) Entering into an employment, marketing, or contractual relationship with an MKX Business Associates. 

(f) Using false identities or circumventing the Agreement. 

Violation of this Section may result in compliance action under Section 25, suspension or termination of the Agreement, forfeiture of the IBO’s rights, and legal action by MKX. The IBO is also prohibited from selling or attempting to sell competing programs, products, or services to MKX Customers or IBO’s during the Term of the Agreement. 

22.2 Both MKX and IBO’s recognize that network marketing operates internationally and primarily through online and telephonic means. An effort to narrowly limit the geographic scope of the non-solicitation provisions herein would render it wholly ineffective. Therefore, the non-solicitation provisions of this Section 22 apply to all markets where MKX conducts business, whether through direct selling, e-commerce, or other methods. This Section 22 remains in effect even after the termination or expiration of the Agreement. 

22.3 Every IBO has a duty to promptly notify MKX if they have knowledge or reasonable grounds to suspect that another IBO has breached these provisions. 

22.4 If an IBO breaches these provisions, MKX may take actions described in Section 25, including terminating the Distribution Network of the offending IBO. MKX may also impose monetary fines at its discretion, but it is not obligated to do so. IBO’s waive any claims related to the termination of their Distribution Networks. 

22.5 MKX may impose monetary fines for breaches of the Agreement when deemed appropriate and at its sole discretion. 

22.6 If an IBO participates in another Network Marketing business, they agree to keep their MKX Distribution Network separate. This means they must not display non-MKX products alongside MKX products, offer non-MKX programs or services in conjunction with the MKX Opportunity, or make references to non-MKX opportunities at MKX-related events. 

22.7 During the Agreement term, IBO’s are prohibited from selling or attempting to sell any programs, products, or services that compete with MKX's Products and Services to MKX Customers or IBO’s. This applies even if there are differences in cost, quality, or other factors. 

23. Confidentiality 

23.1 The IBO acknowledges that it may have access to confidential information and materials belonging to MKX, including but not limited to business plans, customer data, information on the IBO’s Downline, compensation plans, technology, and other financial and business information. Such information (whether in electronic, oral, or written form) is of substantial value to MKX and must be kept strictly confidential. 

23.2 The IBO recognizes that MKX has invested significant time, effort, and resources in developing and maintaining this information, which constitutes trade secrets and valuable commercially advantageous proprietary assets of MKX. 

23.3 The IBO agrees not to use or disclose any confidential information or intellectual property of MKX to third parties. The information should only be used for promoting the IBO's Distribution Network and not for competing with MKX, recruiting or soliciting other IBO’s or otherwise attempt to influence or induce any IBO to alter his or her business relationship with MKX. Unauthorized use or disclosure of confidential information is a breach of this Agreement and may cause irreparable harm to MKX. 

23.4 If the IBO breaches the confidentiality provisions, MKX may terminate the Distribution Network and seek injunctive relief to protect its interests. MKX also reserves the right to pursue any other legal remedies available. Any failure to pursue such remedies will not constitute a waiver of those rights. 

23.5 This Section remains in effect even after the termination or expiration of this Agreement. 

24. Privacy 

MKX collects, processes, and maintains personal data of IBO’s in accordance with the GDPR and its Privacy Policy. The data is used for various purposes related to the Agreement, including compensation calculation, provision of services, communication, and legal compliance. Personal data may be shared with other entities including affiliates, business partners, and recipients in non-adequate countries, with appropriate safeguards in place. Failure to provide requested data may result in rejection of the application or termination of the Agreement. 

MKX agrees to process personal data lawfully, ensure its accuracy and security, and use it only for the specified purposes. IBO’s have rights to access, correct, or delete their personal data, which can be exercised by contacting MKX IBO services. 

With the IBO's consent, MKX may use personal data for commercial and marketing communications, research, and opinion polls. The data may be shared with third parties for these purposes, and the IBO can withdraw consent at any time. 

IBO’s must treat personal data of Customers and other IBO’s as confidential and comply with privacy and data security laws. They are responsible for safeguarding and protecting private information, adopting appropriate security measures, and securely disposing of records containing personal data after use. 

25. Breach of Agreement by IBO’s 

Violations of the Agreement, including the Policies and Procedures, may result in legal action and compliance proceedings initiated by MKX. The process for handling compliance proceedings and appeals is outlined in the Agreement, and IBO’s agree to waive their right to seek relief from external adjudicative bodies. IBO’s Distribution Network may be suspended while a compliance investigation is ongoing. 

Misuse or non-compliance with the Agreement may lead to immediate suspension, deactivation, or blocking of an IBO's account. IBO’s have the right to object within 14 days and provide evidence of compliance. If the breach is confirmed, MKX may suspend, deactivate, or terminate the IBO's account. 

Suspension is typically imposed during a compliance investigation, and the IBO will be notified via email. During suspension, the IBO must cease representing themselves as an IBO of MKX. 

The duration and conditions of the suspension will depend on the investigation. Suspension may or may not result in termination, and the IBO's financial settings in the Back Office may be put on hold. 

Compensation may be temporarily withheld during suspension. If the breach is unverified, the suspension will be lifted, and unpaid earnings will be credited to the IBO. However, if the breach is confirmed, MKX may withhold earnings to offset damages caused by the non-compliance, without the need to demonstrate actual damages. This means that MKX can withhold or deduct funds from the IBO's compensation or earnings to cover the damages caused by the breach, even if the specific amount of the damages is not proven. 

During suspension, the suspended IBO may be prohibited from purchasing MKX Products and Services. 

If an IBO breaches the Agreement or their account is terminated, they forfeit the right to receive Compensation. MKX may discontinue payment without recourse. This remedy is in addition to any other legal remedies available to MKX for the breach. 

26. Death, inheritance, or Incapacity of an IBO 

26.1 If an IBO passes away or becomes incapacitated, the rights to their Distribution Network can be transferred to a designated successor.  

26.2 To assign a designated successor, MKX requires a notarized document from the current IBO, stating the full name, address, date of birth, and nationality of the designated successor.  

26.3 In the case of death, MKX requires an official notification of the death, such as a legal document.  

26.4 The successor will need to sign a new IBO's Agreement and agree to the Terms and Conditions in writing. If the successor is under 18 years old, a trustee may operate the Distribution Network with written consent from MKX until the successor reaches 18 years of age.  

26.5 If the transfer is temporary due to incapacity, the responsibility for the Distribution Network will be returned to the IBO once MKX is notified that the incapacity has ended.  

26.6 If an IBO dies or becomes incapacitated without designating a successor, the Distribution Network will be put on hold until MKX receives a court order or other notice regarding the disposition of the Distribution Network. 

27. Reinstatement of Cancelled Distribution Network 

27.1 If a former IBO cancels, does not renew, or has their Distribution Network terminated, they may re-join MKX within 6 months, but only with the approval of MKX and under the same Sponsor or, if the original Sponsor is no longer an IBO, the first active Upline IBO. 

27.2 If a former IBO re-joins MKX after 6 months from the cancellation of their Distribution Network, they may do so with the approval of MKX under the same Sponsor or any other Sponsor of their choice. 

28. Entire Agreement 

28.1 This Agreement, as it currently exists and as amended by MKX at its discretion, represents the complete and exclusive agreement between the IBO and MKX. Any amendments or supplements to the Agreement must be documented in writing to be considered valid and enforceable. 

29. Modification 

29.1 This Agreement and any related documents are subject to modification by MKX at any time without prior notice. The IBO will be notified of any amendments to this Agreement either by email or through a prompt for signature in the MKX Back Office upon logging in. The amended Agreement will be available for viewing on MKX's website and the MKX Back Office. If the IBO disagrees with the amendments or any terms in the Agreement, they have the option to reject the amendments by providing written notice to MKX within 30 days of the change. Failure to reject within this period will be considered acceptance of the amended terms. Similarly, the IBO may choose not to accept the prompt for signature in the MKX Back Office. In case of any conflict between the Agreement and an amendment, the amendment will prevail. It is important to refer to the most current version of MKX's price lists, Compensation Plan, website, and other information provided to IBO’s. 

30. Notice 

30.1 By entering into this Agreement, you acknowledge and consent to receiving communications from MKX in an electronic form. These communications may be sent to the email address you provided, through the MKX Back Office, WhatsApp, Telegram or any other known electronic means. You agree that any General Terms and Conditions, agreements, notices, disclosures, and other communications provided to you electronically by MKX satisfy all legal requirements as if they were in paper form.  

30.2 Please note that communications sent by an IBO via email or MKX's support messaging system do not constitute legal notice to MKX, its officers, employees, agents, or representatives. If you need to provide legal notice to MKX as required by contract or applicable law, it must be done in writing and served to MKX's legal department. 

31. Assignment 

31.1 This Agreement is binding on and benefits the heirs, successors, and assignees of both MKX and the IBO. The IBO is not allowed to assign or transfer the rights or obligations of this Agreement or their IBO position without prior written consent from MKX. Any attempt to do so without consent may result in the Agreement being voidable at MKX's discretion and could lead to termination. This provision does not prevent MKX from merging with another corporation, selling its properties or assets, or assigning this Agreement to a successor or affiliated company or otherwise. 

32. Severability 

32.1 If any provision of the Agreement or any specification, standard, or operating procedure prescribed by MKX is found to be invalid or unenforceable under applicable law, the IBO and MKX will still be bound by the remaining valid parts. MKX has the right to replace the invalid or non-binding provision with valid and binding provisions that achieve a similar effect to the extent possible, given the purpose and content of this Agreement. 

33. Media Communication 

33.1 IBO’s are required to obtain prior written approval from MKX before communicating with any print, radio, television, Internet, or other media outlet regarding MKX or any MKX Business Associates. 

34. Waiver of Rights 

34.1 The failure of MKX or IBO’s to enforce any provision of this Agreement, require strict compliance with any obligation, or any custom or practice inconsistent with this Agreement, shall not waive the right of MKX to enforce the Agreement or seek remedies for any breach. Any waiver by MKX must be in writing and authorized by an officer of MKX. MKX's waiver of a particular default by an IBO does not affect its rights or obligations regarding other IBO’s, nor does any delay or omission to exercise a right related to a default affect MKX’s rights for that or any subsequent default. 

35. Survival of Agreement 

35.1 All provisions of the Agreement that are explicitly intended to survive termination or expiration of the Agreement, such as the arbitration, non-competition, non-solicitation, trade secrets, and confidential information covenants, shall remain in full force and effect. 

36. Governing Law and Jurisdiction 

36.1 This Agreement shall be governed by, and construed in accordance with, the laws of the United Arab Emirates, specifically the laws of the Emirate of Dubai, as applicable in the Dubai International Financial Centre (DIFC). Any disputes arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of the DIFC, which shall have exclusive jurisdiction. 

36.2 All disputes, claims, demands, counts, causes of action, or controversies arising in connection with the present Agreement, or further agreements resulting therefrom involving an IBO residing outside the United Arab Emirates, the Company may, at its sole discretion, elect to resolve disputes through mediation or arbitration in accordance with the rules of a recognized alternative dispute resolution institution. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Dubai, United Arab Emirates, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Agreement, bringing a lawsuit for breach of this Agreement or defending a lawsuit arising out of this Agreement. This agreement to arbitrate shall survive any termination or expiration of the Agreement. 

36.3 However notwithstanding anything to the contrary, MKX retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction. 

36.4 THE IBO AGREES TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE THEIR RIGHTS TO FILE OR PARTICIPATE IN CLASS ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS.  

37. Language Variations 

37.1 In the event of any inconsistency or discrepancy between the different language versions of this Agreement, the English version shall prevail and be considered the authoritative text for interpretation and enforcement.