Spectrum Assist 

(This is a draft, open for discussion. A few points may need to be added. This document will ideally be incorporated into a online form and also in hard copy)

This Agreement ("Agreement") is made and entered into as of [DATE] by and between Spectrum Assist (Pty) Ltd, a company duly incorporated and registered in the Republic of South Africa with registration number [Registration Number] ("Spectrum Assist") and:

• Member Name: [Fill in Name]

• Member Address: [Fill in Address] (the "Member").

WHEREAS, Spectrum Assist offers a membership program with benefits including a death benefit and the potential to earn residual income through referrals.

WHEREAS, Member desires to participate in the Spectrum Assist Membership Program.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

1. Membership Benefits:

• Death Benefit: Upon Member's passing, a designated beneficiary will receive a [pre-determined amount] OR [benefit amount based on membership tier] (the "Death Benefit") from a dedicated fund maintained by Spectrum Assist.

• Residual Commission Income: Member has the opportunity to earn ongoing income by referring new members to the program. The specific commission structure and payout process will be outlined in a separate document provided by Spectrum Assist.

2. Member Responsibilities:

• Accurate Information: Member agrees to provide accurate and complete information during the enrollment process, and to update Spectrum Assist of any material changes to their information. [Signature Initials]

• Ethical Recruitment: Member agrees to promote the Spectrum Assist Membership program ethically and honestly. Misrepresentation of the program or its benefits is strictly prohibited. [Signature Initials]

• Membership Fees: (if applicable) Member agrees to pay all applicable membership fees in a timely manner. [Signature Initials]

• Compliance with Agreement: Member agrees to comply with all terms and conditions outlined in this Agreement. [Signature Initials]

• POPIA Compliance: Member acknowledges that Spectrum Assist will collect, use and store their personal information in accordance with the Protection of Personal Information Act (POPIA), Act 4 of 2013. Member agrees to Spectrum Assist's Privacy Policy, which can be found on the Spectrum Assist website [link to privacy policy]. [Signature Initials]

3. Spectrum Assist Responsibilities:

• Program Administration: Spectrum Assist will manage the program effectively and efficiently in accordance with all applicable South African laws and regulations.

• Death Benefit Distribution: Spectrum Assist will distribute Death Benefits to designated beneficiaries in accordance with program guidelines.

• Referral Commission System: Spectrum Assist will administer the referral commission system fairly and transparently, as outlined in a separate document.

• Communication: Spectrum Assist will provide clear and concise communication to members regarding program updates, policies, and procedures.

• POPIA Compliance: Spectrum Assist will comply with all provisions of POPIA with respect to the collection, use and storage of Member's personal information. Spectrum Assist will obtain Member's consent for the specific purpose for which the information will be used and will allow Member access to their information upon request.

4. Fraudulent Activity:

Member acknowledges that any fraudulent activity, including but not limited to misrepresenting the program, making false claims for death benefits, or engaging in deceptive recruitment practices, is strictly prohibited. Spectrum Assist reserves the right to terminate membership and pursue legal action in such cases.

5. Dispute Resolution:

Any disputes arising from this Agreement will be resolved through good faith negotiation. If a resolution cannot be reached, the dispute will be settled by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration will be conducted in Cape Town, South Africa.

6. Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

7. Amendment:

This Agreement may be amended only by a written instrument signed by both parties.

8. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

9. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

10. Domicilium Citando:

For the purposes of this Agreement, the parties choose as their respective domicilium citando the following addresses: