BE FORWARD SUPPORTERS Program Agreement
BFS Program is currently available in Zimbabwe, Tanzania, Malawi, Kenya, Mozambique, South Sudan, Zambia, Botswana, Uganda, Solomon Islands, Micronesia, Samoa, Tonga, Papua New Guinea, Bahamas, Cayman Islands, Antigua and Barbuda, St. Lucia, Saint Kitts and Nevis, St. Vincent, Aruba, Jamaica, Trinidad and Tobago, Grenada, D.R.Congo, Burundi, Lesotho, United Kingdom, Canada, USA, Turks And Caicos Islands, Netherlands, Guyana, Montserrat, Rwanda, Anguilla, Barbados, Haiti, Namibia, Cyprus, Marshall Islands, Madagascar, Bahrain, Ireland, Mali, Angola, Liberia, British Virgin Islands, Curacao, Netherlands Antilles, Commonwealth of Dominica, Guinea, Ghana, Benin, Ethiopia, Niue, Palau, Cote D'Ivoire, Finland, France, Spain, Kuwait, Cameroon, New Caledonia, Poland, Saint Eustatius, Suriname, Sierra Leone, Swaziland, Sudan, Nigeria, Togo, St.Maarten, Bolivia, Germany, Somalia, Republic of El Salvador, Republic of Nicaragua, Republic of Guinea-Bissau, Republic of the Congo, Bermuda, Sweden, Norway, Turkey, Burkina Faso, Oman, Panama, Costa Rica, Saudi Arabia, Senegal, Vanuatu, Italy, Nauru, Honduras, Niger, Ukraine, Central African Republic, Comoros, Chad, Martinique, Tunisia, Cook Islands, Gambia, Iran, Estonia, Saint Helena, Saba Island, American Samoa, Kiribati, Australia, Djibouti, Guatemala, Mauritius, Mongolia, Myanmar, Philippines and Thailand.
1.1BFS Program - Program, designed by BE FORWARD to enable those who refer new customers to BE FORWARD to get the Limited Editions for FREE or Special Offers.1.2BF SUPPORTERS - Those who register to participate in the BFS Program to get the Limited Editions for FREE or Special Offers from BE FORWARD by making referral.1.3BFS Account - Personal Account available for each BF SUPPORTER, which can be used to review performance, track referrals, point history and others.1.4Marketing Materials - Materials downloadable on BFS Account, which BF SUPPORTER can use in order to advertise BE FORWARD and its products and services.1.5Referral - Those customers, referred by BF SUPPORTERS to purchase a product or service of BE FORWARD1.6BE FORWARD Brands - Any and all intellectual property rights owned by BE FORWARD CO., LTD, including but not limited to the following trademarks "BE FORWARD" "BE FORWARD.JP" "BF" or "BF SUPPORTERS".1.7BF Points - are Reward Points awarded to BF SUPPORTERS who refer new customers to BE FORWARD.
2. Registration and Account
2.1Eligibility. Any aspiring member must be at least 18 years or older to qualify for the membership.2.2Registration. To participate in the BFS Program, you must agree to the terms here in and register to become a member of BFS Program (registration page available at https://mypage.beforward.jp/clients/signup/?bfsFlag=1) to use the BFS Account. A BF SUPPORTERS ID (referred as "BFS ID" hereinafter) will be provided to you upon registration. You shall register and maintain one membership only and cannot register nor manage other members on their behalf. You cannot transfer or sell their membership, BFS ID, rewards or any BF points to a third party. Any duplicate, illegitimate or fraudulent membership will be invalid and will be subject to termination, and any pending rewards and BF points will be forfeited.2.3Accurate Information. You must provide and maintain complete and accurate information about you (including the information on your provided ID) during your participation in the BFS Program. BE FORWARD has the right to confirm and verify the truth and accuracy of your registration and account information at any time in its sole discretion.2.4Account Security. You are responsible for all activity on your BFS Account and for loss, theft or unauthorized disclosure of your password. You must provide BE FORWARD with prompt written notification of any known or suspected unauthorized use of your account or breach of the security of your account.
3. BF SUPPORTER's Rights and Obligations
3.1You shall abide by any and all applicable laws and regulations in any applicable jurisdiction when performing as a BF SUPPORTER.3.2You shall market BE FORWARD products and services ("Products" hereinafter) offered at www.beforward.jp, including any other products and services as may be determined by BE FORWARD and its official agent, from time to time.3.3You shall undertake to use your best endeavors to make referral to BE FORWARD for its Products.3.4You shall advertise BE FORWARD Brands by using Marketing Materials, provided by BE FORWARD at BFS Account.3.5You shall give your BFS ID to your Referrals when referring them to BE FORWARD. Your BFS ID shall be entered into "Introduced by BF SUPPORTER?" field on the BUY NOW page when you issue a Proforma Invoice at www.beforward.jp and into “BF SUPPORTER ID” field when making an inquiry at autoparts.beforward.jp. In failure to enter your BFS ID properly at the time of Proforma Invoice for vehicle and inquiry for Auto Parts, your referral sales will not be approved. Any orders made from BE FORWARD official local agents are not eligible for the Reward Points.3.6You shall comply, at your own cost and expense, with all laws, license conditions and the requirements of any legislative body or government, provincial, regional or local authority relating to any matters contemplated in this agreement.
4. BF SUPPORTER's Restricted Behavior
4.1You shall refrain from using any disputable, unlawful, or misleading method when advertising and marketing BE FORWARD Brands and when assisting the Referral to make an order.4.2Unless otherwise agreed by BE FORWARD, you shall not directly or indirectly, claim any right to the ownership of or use any BE FORWARD Brands.4.3Unless otherwise agreed by BE FORWARD, you shall not directly or indirectly, introduce yourself as BE FORWARD's official agent.4.4You shall not engage in any unlawful activity and activity which causes any damage or liability to BE FORWARD and its official agent. BE FORWARD and its official agent will not, in any way be party or be held liable to such unlawful activities.4.5You shall not modify "BE FORWARD" and "BF SUPPORTERS" and related icons, logos and marketing materials. The icons and logos are registered trademarks or service marks of BE FORWARD CO., LTD. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
5. Rights and Obligations of BE FORWARD
5.1BE FORWARD shall explain to BF SUPPORTERS how the BFS Program works.5.2BE FORWARD shall train BF SUPPORTERS so that you can have extensive knowledge about BE FORWARD – its products, services, website interface and features such as My Page.5.3BE FORWARD shall maintain and update BFS Account features including downloadable marketing materials.5.4BE FORWARD has the right to suspend your membership if we determine, at its sole discretion that you engage in any unlawful activity.5.5BE FORWARD excludes warranties of any kinds and shall not be liable for any costs, loss, liability or damage whether direct, special or consequential whatsoever and howsoever arising whether from any suspension or termination of the Agreement or otherwise.5.6BE FORWARD shall have the right at any time to inspect your premises, outlet and performance as BF SUPPORTER to ensure compliance with the terms of this Agreement.5.7BE FORWARD reserves the right to vary terms of this Agreement, the rates at which the reward and BF points are payable at any time and for any reason whatsoever. Variations will be notified by way of email, Newsletter or on BE FORWARD's website or by using any suitable means.
6. Earning and Using Rewarded Points and Applicable Taxes
6.1You can earn Points in the program by referring new customers to BE FORWARD. You can also earn Points from various methods such as seasonal promotions, whereby Points are based on the Terms and Conditions of each promotions.6.2The past Pay Rate information for each country can be checked on your BFS Dashboard Pay Rate page by logging into your account. BE FORWARD has the right to alter the pay rate of rewards at any time.6.3At any time, BE FORWARD reserves the right in its sole discretion to add, remove or change the number of Points awarded, as well as the actions that you can perform to earn Points.6.4Your Points can be tracked from My Account. Points will be awarded only after confirmation of full payment of the item/s ordered by the Referral. In case of payment made through our local agents or local bank, the Points may take 2-3 weeks to reflect to your account after the confirmation of full payment.6.5You shall not combine, transfer or share Points in your account with any other accounts. You shall not transfer or sell any Points, or perform any other action in any manner to violate or attempt to subvert these Reward Terms and Conditions..6.6You are responsible for ensuring the accuracy of Points in your account and are encouraged to check your account regularly. If you believe that Points were not properly accrued to your account, you must contact our customer service within 14 days from the date when the Point-earning activity occurred..6.7Points are not your personal property and have no monetary or cash value. Points may be revoked at any time by BE FORWARD as set forth herein. Points may not be transferred or assigned, and are not transferable upon death.6.8Points shall be forfeited upon discontinuance and/or termination of membership.6.9Point Expiration. Unused earned points will automatically expire after one (1) year from the date when points are awarded.6.10You are responsible for any taxes that may be due in connection with your participation in the BFS Program. BE FORWARD does not pay additional compensation to you for taxes.6.11Your earned Points can be redeemed with available items on www.beforward.jp or autoparts.beforward.jp (Points for vehicles can be used through "BUY NOW" only.)
In case of www.beforward.jp, you may redeem your Points by applying them upon making an order with Buy Now, which is an instant ordering service available when logged into “My Account”. In case of autoparts.beforward.jp, you may redeem your Points by adding the item/s that you are interested to buy into a cart then apply the Points upon making an order when logged into “My Account”. 1 Point is equivalent to 1 USD.6.12Referrals can automatically receive discount if he/she enters your BFS ID when issuing a Proforma Invoice on the BUY NOW page for vehicle and making an inquiry. BE FORWARD reserves the right to alter such discount amount at any time and for any reason whatsoever.
7. Compliance, Audit and Remedies
7.1BE FORWARD and its official agent have the right to audit your activity in relation to your participation in the BFS Program. You shall not block or otherwise interfere with such audit. To the extent not prohibited by Applicable Law, audits may include request for documents, logs, and visits to your outlet. Your failure to reasonably comply with BE FORWARD to audit your compliance with this Agreement shall constitute a material breach of this Agreement.7.2If BE FORWARD in its sole discretion believes that you have breached this Agreement, we may take any and all steps it deems appropriate including , but not limited to, : 1. Issue a Warning; 2. Conduct an investigation; 3. Suspend your BFS Account to participate in the BFS Program; 4. Terminate your BFS Account.7.3If BE FORWARD suspends your BFS Account, you will no longer get paid for any future activity.
8.1If BE FORWARD determines, at its sole discretion that you engage in any unlawful activity, we may terminate this Agreement immediately and thereafter inform you in writing of reasons thereof.8.2BE FORWARD may also terminate BF SUPPORTER for whatever reason with written notice to BE FORWARD.8.3BFS Program may be discontinued at any time by BE FORWARD's sole discretion.
9. Intellectual Property
9.1You acknowledge that any and all present or future patents, know-how, trademarks, trade-names, service marks, emblems, designs, copyrights or other intellectual property used in connection with sale and promotion of the Products, including, but not limited to, trademarks and trade-names relating to BE FORWARD (the "Intellectual Property") and all rights arising therefrom are, and shall remain, the sole property of BE FORWARD.9.2You shall not obtain or attempt to obtain, in any country, any right, title or interest in or to any of the Intellectual Property nor shall you challenge or assist in challenging, directly or indirectly through any entity in which it may have an interest, title or interest in or to any of the Intellectual Property. Nothing in this Agreement shall be constructed as granting to or conferring to you any right, license or otherwise, expressly, impliedly or otherwise, with respect to any of the Intellectual Property, other than as expressly specified in this Agreement.9.3You shall endeavor to promptly inform BE FORWARD of any potential or alleged infringement of the Intellectual Property.
10.1As used in this Agreement, "Confidential Information" means technical, financial and other business information, all of which regardless of tangible formlessness, relating to the Product, including, but not limited to, trade secrets and to any information associated with the customers, disclosed and made available by BE FORWARD to you in written form, in tangible form, in non-tangible form, in electronic form or in oral form. Confidential Information that is disclosed in a written form or in a tangible medium must be marked "Confidential", "Proprietary," or other similar marking. Confidential Information disclosed in an oral form or in non-tangible from must, within 30 (thirty) days after such disclosure, be followed by a written summary clearly identifying its confidential nature.10.2Confidential Information does not include, however, information which
a) is or become generally available to the public through no act of BF SUPPORTER;
b) is already known to you at the time of disclosure on a non-confidential basis, as shown by written records;
c) becomes available to you on a non-confidential basis from a third party with a lawful right to make such disclosure; or
d) is developed by you independently of the disclosure under this Agreement, as shown by written record.
10.3Except as required by law, regulation, legal process, or similar process, you
a) shall keep all Confidential Information confidential and shall not, without the prior written consent of BE FORWARD, disclose any Confidential Information to any third party; and
b) shall not, without the prior written consent of BE FORWARD, use any Confidential Information for any purpose other than for which it was disclosed.
10.4BF SUPPORTER shall not disclose to any third party the information of the Products and the information of the customers.10.5BE FORWARD reserves all the rights to disclose the members' information such as BFS ID, name, etc. to third party service providers engaged by BE FORWARD for the purposes of this Program. BE FORWARD warrants that the disclosure of such information shall not be limited to the members' BFS ID, name, address, and telephone number and shall be used only in relation to and for the purposes of the Program.
11. Breaches by BF SUPPORTER
11.1BE FORWARD has the right to terminate BF SUPPORTER in the event that the BF SUPPORTER;
a) commits any act of fraud or theft against customers, BE FORWARD and its official agent; and/or
b) commits an act that brings BE FORWARD into dispute; and/or
c) fails to perform obligations in terms of this Agreement.
12. Limitation of Liability
12.1BE FORWARD shall not be liable for any loss caused by any attempt by malicious hackers to deliberately damage BE FORWARD website, undermine the legitimate operation of the program or steal any personal information. Such attempts shall be a violation of criminal and civil laws and BE FORWARD reserves the right to seek damages from any such individual/s to the fullest extent permitted by law.12.2BE FORWARD reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the program, should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the program.12.3BE FORWARD shall not be accountable for any issue between you and Referrals.12.4BF SUPPORTER shall make Referrals agree that when placing purchase orders with BE FORWARD, all purchase orders are subject to BE FORWARD's Terms and Conditions.
13. Force Majeure
In no event shall either Party be liable to the other Party for any failure or delay in the performance of this Agreement arising directly or indirectly from acts of God, flood, tidal wave, lightning, typhoon, storm, earthquake, plague* or other epidemics, war, threat of war, warlike conditions, insurrection, act of terrorism, revolution, fire, explosion, wreck, blockage, civil commotion, strikes, lockouts** or other labour disputes, riots, shortage or control of energy supply or raw materials, unavailability of transport facilities or loading or discharging facilities, port congestion, and other restriction by law, regulations, orders or administrative guidance of governmental authorities, quarantine, embargoes***, mobilization, requisition****, prohibition of export, refusal of issuing export license or any other statutory, administrative or governmental restriction, or other similar or dissimilar circumstances beyond the reasonable control of such Party, affecting such Party or its agents ("Force Majeure"), and such Party's time for performance shall be extended for a period not less than the period of the Force Majeure delay. The foregoing provisions shall not apply for any payment obligations of the Parties hereunder.
14. Governing Law and Dispute Resolution
This agreement is governed by and construed in accordance to the laws of Japan. As a condition on registering in this program, members agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Tokyo, Japan having jurisdiction.
15. General Terms
BE FORWARD reserves all the rights, in its sole discretion, to withdraw, cancel, suspend, extend or terminate this Program in whole or in part or to vary, delete or add any Terms and Conditions of this Agreement herein at any time.