AGENTKU.MY Agent Agreement

Welcome to Agentku.my online portal. Agentku and its associates provide their service to you subject to the following terms and conditions that you are comply with and be bound by the following usage terms and conditions of using. If you disagree with the terms and conditions, please do not use the agentku portal “Agent” means a person who has completed the Agentku.my Application Form been accepted by the Agentku.my as its lawful Agent.

“Application Form” means  Agentku.my Agent online application form which is used by the Agent to apply for Agentku Agent (either Biz Partner and/or Biz Advisor) whichever is applicable. The online application form shall include relevant information, including but not limited to, the Agent’s particulars, to be accepted as a lawful Agent of Agentku.my (either Biz Partner or Biz Advisor, whichever is applicable) . “Agentku” means Agentku.my (an Online Agentku System), to provide an online system to manage Principle products for the use of its Agent on customer application on the services provided by Agentku  “Agentku Website” means https://agentku.my “Products” mean Agentku Principle products, applications (Apps), solutions and other related products or more particularly described as Agentku. This Agent Agreement is a legal and binding agreement between the Agentku.my (the “Agentku Online Provider”) and the Agent. By signing the Application Forms and other necessary forms (the “Forms”) as defined below, the Agent acknowledges that the Agent has read and agree to be bound by all of the terms and conditions of this Agreement and all documents incorporated by reference.

ARTICLE 1: PRINCIPLE PRODUCTS

In consideration of the payment of commission stipulated herein (“the Commission”) to be paid by the Agentku to the Agent, the Agentku hereby appoints the Agent and the Agent hereby accepts the appointment by the Agentku to be and act as an independent agent and to sell and market the Products and to provide after sale service to customer who are eligible in the Territory described herein in accordance with the terms and conditions of this Agreement. For avoidance of doubt, this appointment does not confer any exclusivity and the Company shall be entitled to appoint any other similar agent to enter into a similar agreement in the Territory described herein. Products offer by the Principles on the Agentku System are broadband services products ( TM UniFi, Maxis Fiber, TIME Fibre, City Broadband and Astro Broadband and etc) whereby Agentku will manage the customer application registration, operation and commission payment. Agentku,my provide to all its agent theirs system for them to manage Principle products and their customer application All Sales submitted by the Agentku Agent must be genuine and comply all laws, rules and regulations by any relevant authority All Sales or Application submitted by Agentku Agent are compulsory to have complete set of document upload to the Agentku System according to the Principle products requirement.

ARTICLE 2: PAYMENT OF COMMISSION

2.1 The Agent who has successfully sold and marketed the Products to customer who are eligible shall be paid commission as described herein:-
2.2 Any commission or payment will be paid on weekly basic based on all transaction that are closed or successfully install for customer’s according to Principles claim list and subject to full document submitted as required by the Principal.
2.3 The Company reserves the right to stop payment of future commission in the event if there is any fraud or complaint penalty imposed by the authorised product Principal.
2.4 For Agent who is employee of our channel partner of the Company and has entered into special arrangement with the channel partner (who is also a Biz Advisor), the Company reserves the right to transfer all customer from the Agent to the the channel partner in the event the agent has left the employment with the channel partner or breach the employment agreement with the channel partner. In such an event, the Agent shall not be entitled to any payment of future commission.
2.5 The Company reserved the right to amend payment date and payment method from time to time.
2.6 All Agentku Agent commission will be paid to the bank account provided by the Agent on its Agentku System and Agentku will not hold any responsibility on any wrong account provided during the transaction.

ARTICLE 3: TERRITORY

3.1 The Agent shall sell and market the Products to customers who are eligible in Malaysia (“the Territory”). 

ARTICLE 4: COVENANT BY AGENT
4.1 The Agent agrees and undertakes to comply with and act in accordance and subject to the following:- Requirement of Agent The Agent confirms that he or she has complied with the following requirements:- (i) a Malaysian citizen who is above 18 years old but not exceeding 65 years old OR a foreigner who possesses valid passport and is not prohibited from working in Malaysia; and (ii) maintains an active bank account in Malaysia. The Agent must submit hardcopy of his identity card (for Malaysian) or passport (for foreigner) or all other necessary documents whenever required by the Company. (c) The Agent shall pay and be equipped with the necessary Marketing Tools as described herein after signed up on-line and before approaches any customer. Permitted Use of Name, Marketing Tools and Advertisement The Agent shall not use the name of “Agentku” or “Agentku.my” or any other names related to the Company to raise fund in whatsoever manner or for any other purposes.


The Agent shall only use the standardised name cards, buntings, banners, T-shirts, caps and any other necessary trade or promotional or marketing tools (hereinafter collectively referred to as “the Marketing Tools”) designed and produced by the assigned panel designers or producers of the Company. The Agent shall not hold any promotional booth, event or activity without prior written approval from the Company or its Service Agency or against the standard being imposed by the Company or its Service Agency. The Agent shall not publish, advertise or circulate information and/or documents regarding “Agentku” or “Agentku.my” or any other name related to the Company and/or the Service Agency or this Agreement unless specifically authorised in writing by the Company and/or the Service Agency and subject to the terms of this Agreement. The Agent shall not do any of the following acts without having obtained prior written approval from the Company and/or the Service Agency to do so:- insert or display any advertisement in respect of the Company and/or the Service Agency in any mass communications media and or electronic transmitted devices; or issue or cause to be issued any circulars or publications or write any letters to mass communications media and or electronic transmitted devices in respect of the Agentku and/or the Service Agency. The Agent shall indemnify and keep indemnified the Agentku and/or the Service Agency from and against all actions, demands, claims, damages, penalties and costs which may arise out of any unauthorised action, utterance, publication and or statement whatsoever by the Agent and/or his servants or agents howsoever.

ARTICLE 5. LICENSE AND SITE ACCESS

The Agent are not authorised or any portion of this site to reproduce, duplicate, sold, copy or otherwise exploited for any commercial purpose without any written consent from Agentku.This license does not include any resale or commercial use of this site or its contents.

ARTICLE 6. MISCONDUCT OF APPLICAITON

6.1 The Agentku Agent are required to reply SHOWCAUSE LETTER from PRINCIPLE of the Service Provider if found misconduct within (THREE) working days. Failing to reply may result penalty impose by the service provider and the Agentku Agent will be liable or take responsibility on the penalty imposed.
6.2 Should there be any Penalty be issue by its Prinicple Service Provider (TM, MAXIS,TIME, CITY BROADBAND, ASTRO BROADBAND) to Agentku, Agentku reserved the right to deduct the penalty from Agent commission and commission of the sales will be fully claw back from the sales create by the Agent on the Agentku System.
6.3 The Agentku Agent will not be entitled to claim any sales commission should there be any misconduct, earlier termination by the customer (minimum six month of Service Subscrition), non-payment by customer, customer denied subscription or any others means of misconduct of services subscribe.

ARTICLE 7: TERMINATION

7.1 This Agreement may be terminated by the Company at any time, without notice, if the Agent is found committing serious misconduct or guilty of any criminal offence and sentenced by the Court of competent jurisdiction in Malaysia and being declared as a bankrupt or insolvent. Thereafter this Agreement shall be rendered null and void and neither party shall have further claim against each other save and except for any antecedent breach. In the case of the Agent is a limited company, the Agent being referred to herein shall be applicable to the directors of the Agent company.
7.2 In the event of breach of any of the covenants or terms and conditions herein, this Agreement may be terminated by the Company subject to the following:-
(i) In case of the breach which is capable of being remedied:-
(a) the Company shall give 30 days’ notice (“the 1st Notice”) to the Agent to remedy the breach;
(b) If the Agent refuses, fails and/or neglects to remedy the breach after the 1st Notice and the good faith discussion or counselling, the Company shall terminate this Agreement forthwith.
(ii) In case of the breach which is incapable of being remedied or death or disability of the Agent:

ARTICLE 8: COMPLIANCE WITH PERSONAL DATA PROTECTION ACT 2010

8.1 The Parties shall recognise that in the course of carrying out the covenants or obligations of this Agreement, a Party may have access to the Confidential Information belonging or pertaining to the merchants, customers, agents or employees (hereinafter referred to as “the Personal Data”) and in this respect, the Recipient Party hereby undertakes that: it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out the covenants or obligations under this Agreement; and it shall comply with all applicable laws pertaining to confidentiality and the privacy of Personal Data including the Personal Data Protection Act 2010 of Malaysia.
8.2 The Recipient Party agrees to fully indemnify and hold the Disclosing Party harmless from and against any claim, loss or expense that the Disclosing Party may suffer as a result of the failure on the part of the Recipient Party or its personnel to comply with the requirements as to confidentiality herein.
8.3 This indemnity shall survive the termination of the Agreement. For the avoidance of doubt, entities within the Disclosing Party group shall have the full benefit of and protection under this Clause through the Disclosing Party and the definition of Confidential Information including customer information shall cover the entities within the Disclosing Party group, where applicable. The obligations herein shall survive expiration or termination of this Agreement.
8.4 For the avoidance of doubt, in respect of Personal Data received from the Agent, the Company shall be entitled to assume that the Agent shall have duly procured all necessary consents from the merchants, customers, agents, or employees or otherwise the individual to whom the Personal Data belongs in performing the Services or for the purposes of carrying out the covenants or obligations under this Agreement.

9. COPYRIGHT

All content included on this site, such as text, graphics, logo, image, icon button, audio clips, data compilations, digital download and software is the property of Agentku.my or tis content suppliers AND PROTECTED by the international copyrights laws. The compilation of all content on this site is the exclusive property of Agentku.my (The above list may not be exhaustive or final, the Company reserves all its rights to add on or delete the list from time to time subject to the current applicable rules and regulations of the country)