4EL Energy

55 Northfield Drive East – Suite 132

Waterloo, Ontario. Canada. N2K 3T6.

Tel: +1 | 519 | 591 | 8531

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4EL Energy Company Definitions

 

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ARTICLE 1: DEFINITIONS

1..00 For the purposes of both brevity and clarity, this Company Definitions Document, hereinafter the “Document”, applies to all applicable Your Platinum Future Inc. agreements, documents, including this Document, with the specific exception of Your Platinum Future Inc.’s Non Disclosure Agreement, hereinafter the “Other Documents”. Specific definitions of certain words and phrases used throughout the Other Documents have been created and are defined by this Document. For further clarity: In the case of a word with a specific definition, these have been written with the first letter of the word capitalized, for example: “Event” means the definition given in this Document, while “event” has its regular unaltered meaning within the English language. Similarly, in the case of a phrase with a specific definition, these have been written with the first letter of each word in the phrase capitalized, for example: “Written Consent” means the definition given in this Document, while “written consent” has its regular unaltered meaning within the English language. It is the express intent of this Document that in the Other Documents, all definitions in this Document shall be read and construed as agreeing with the number and gender of the party or parties referred to in each case as required and the verb shall be construed as agreeing with the word with a specific definition as required.

 

1.01 This Document can be used as a supplement to Other Documents, which may be between specifically named parties. For the purposes of this Document, the terms “Company” and “Contractor” have the specific meanings given them in such Other Documents.

 

1.02 The term “Addendum” means the additional documentation which has been provided to the Event Contractor with Written Consent, known as any of the following: Addendum A, Addendum B, or Addendum C, and these may also contain a number designation in order to easily facilitate the use of different terms, provisions and definitions for separate goods and/or services.

 

1.03 Business Day. The term “Business Day” means any day that is not a Saturday, Sunday or statutory holiday in the Province of Ontario.

 

1.04 Cancelled Event. The term “Cancelled Event” means in the event either Party gives written notice to the other Party to cancel a specific scheduled Event and where such sending Party has the authority to cancel such scheduled Event.

 

1.05 Claim. The term “Claim” means any application by a Account Associate to the Company Ombudsman under either the Account Associate Price Guarantee or the Account Associate Satisfaction Guarantee. The Claim Form that the Account Associate is required to submit can be found on the Company website. www.yourplatiumfuture.com.

 

1.06 Claim Form. The term “Claim Form” is the online form that a Account Associate is required to submit to the Company Ombudsman when claiming a Refund under either the Account Associate Price Guarantee or the Account Associate Satisfaction Guarantee.

 

1.07 Clients. The term “Clients” means and shall include, without limitation, any and/or all of the Company’s existing Account Associates, Account Associates, franchisees, customers, clients, independent contractors, and suppliers, and any and/or all of the Company’s prospective and/or potential Account Associates, franchisees, customers, clients, independent contractors, and suppliers, and any other group and/or individuals that the Company may from time to time designate in writing as being included in the expression “Clients”.

 

1.08 Company. The term “Company” means and includes the Company itself, its parents, officers, directors, employees, subsidiaries, associates, associated companies and their officers and directors and employees, affiliates, successors, assigns, heirs, administrators, executors, agents, co-venturers, subcontractors, and independent contractors.

 

1.09 Company Definitions. The term “Company Definitions” means all the terms, provisions and definitions in this Document, and any amendment and/or revision of this Document, which has been signed, dated and executed by a Signing Authority, and subsequently published in an area accessible to the general public on the Company Website.

 

1.10 Company Materials. The term “Company Materials” means and includes any and all branding, logo, and material for print and advertising purposes, in an electronic or physical format, that is to be used to market the Company and/or the Company goods and services and/or the Goods and Services of a Strategic Partner in any manner or format whatsoever.

 

1.11 Company Ombudsman. The term “Company Ombudsman” means the Company’s appointed representative who is clothed with all the necessary authority and responsibility to, in their sole discretion, investigate and/or review a Account Associate request as per the terms and conditions of either the Account Associate Satisfaction Guarantee and/or Account Associate Price Guarantee.

 

1.12 Company Website. The term “Company Website” means all websites owned, operated, hosted, or licensed to be used by the Company, or any subsidiary or through which the Company or any subsidiary conducts business, and the underlying platforms for such web sites. It also includes any website the Company uses to officially represent a brand on the Internet, and which is often used as the landing page for advertising content. The website is also used for making Goods and Services transactions and or sales with its Account Associates. The Company Website represents a business opportunity and a means of making contact with Clients, or any other visitors, whereby users are provided with information about goods or services, and can find valuable content in regard to such goods and services.

 

1.13 Compensation. The term “Compensation” means all terms, provisions and definitions outlined in any Exhibit C and/or Addendum C.

 

1.14 Contact List. The term “Contact List” means a list of names, emails, and phone numbers, which represent actual people, for communicating and sharing information.

 

1.15 Contractor. The term “Contractor” means and includes the Contractor itself, its parents, officers, directors, employees, subsidiaries, associates, affiliates, successors, assigns, heirs, administrators, executors, agents, co-venturers, subcontractors, Subcontractors, and independent contractors.

 

1.16 Event. The term “Event” means any instance of a Account Associate Interaction where a Contractor or Strategic Partner has informed a Account Associate of a scheduled time and at least one of the following: an electronic location, a physical location, or information relating on how to obtain access and/or participate.

 

1.17 Event Contractor. The term “Event Contractor” means the contractor with primary responsibility to arrange, organize, coordinate, promote, set pricing terms, sales, and coordinate with the Strategic Partner for an Event, or sale of any goods and services offered by a Strategic Partner.

 

1.18 Event Contractor Agreement. The term “Event Contractor Agreement” means and includes the Event Contractor Agreement signed by all the Parties, any document signed by all the Parties amending the Event Contractor Agreement, all applicable terms, provisions, and definitions contained in any Account Associate Agreement signed by all the Parties, all definitions contained in the Company Definitions, all applicable terms, provisions, and definitions contained in every Set Of Exhibits, all applicable terms, provisions, and definitions contained in all other Exhibits, and all applicable terms, provisions, and definitions contained in any Non-Disclosure Agreement.

 

1.19 Event ID Number. The term “Event ID Number” means the specific Company identification number given to each Event.

 

1.20 Exhibit. The term “Exhibit” means the additional documentation which has been provided to the Strategic Partner with Written Consent, known as any of the following: Exhibit A, Exhibit B, or Exhibit C, and these may also contain a number designation in order to easily facilitate the use of different terms, provisions and definitions for separate goods and/or services.

 

1.21 Goods and Services. The term “Goods and Services” means and includes all terms, provisions, definitions, goods, services, and events, outlined in any Exhibit A or Addendum A.

 

1.22 License. The term “License” means an arrangement by which the Company grants a Account Associate and/or a Strategic Partner and/or an Event Contractor a non-exclusive right to use the Company Materials and promote to the Company Clients as directed solely by the Company.

 

1.23 Listed Goods And Services. The term “Listed Goods and Services” means all the particular goods and services a Strategic Partner has chosen to offer to Account Associates through the Company.

 

1.24 Lowest Public Price. The term “Lowest Public Price” means the lowest price and/or compensation, not including taxes, at which a Strategic Partner offers to, and/or does, sell the Goods and Services to any other legal entity other than the Company and/or through the Company to Account Associates.

 

1.25 Account Associate. The term “Account Associate” means an individual, sole proprietorship, partnership, corporation or other legal entity who has signed, executed, and/or, has indicated acceptance by clicking their assent in a dialog box of the terms of service of, a Account Associate Agreement.

 

1.26 Account Associate Account. The term “Account Associate Account” means the account that the Company has with the latest information supplied freely to the Company by the Account Associate.

 

1.27 Account Associate Agreement. The term “Account Associate Agreement” means the agreement, including any Account Associate Agreement Schedule A, which agreement is by and between the Company and an individual or corporation which grants that individual or corporation certain access and privileges with the Company and where that individual or corporation because of this agreement, is thereafter known as a Account Associate.

 

1.28 Account Associate Agreement Schedule A. The term “Account Associate Agreement Schedule A” means the additional documentation which has been provided to the Account Associate with Written Consent, in order to easily facilitate the updating and revising of the Account Associate Agreement.

 

1.29 Account Associate In Good Standing. The term “Account Associate in Good Standing” means a Account Associate who is performing and abiding by, and continues to perform and abide by, all obligations, responsibilities, terms, and provisions within both the Account Associate Agreement entered into with the Company, and the Account Associate Agreement Schedule A, and whose conduct does not, and has not, negatively affected the reputation of the Company in the sole and absolutely unfettered discretion of the Company.

 

1.30 Account Associate Interaction. The term “Account Associate Interaction” means any instance where a Contractor is communicating, interacting, seeking to engage, or corresponding with a Account Associate in any capacity or function whatsoever, or wheresoever.

 

1.31 Account Associate Price Guarantee. The term “Account Associate Price Guarantee” means the Company will guarantee the Account Associate will receive Goods and Services at the Lowest Public Price and includes the definition given for that term in the most recent Account Associate Agreement.

 

1.32 Account Associate Privileges. The term “Account Associate Privileges” means and includes the Account Associate Privileges as they are defined and granted as per the terms, conditions and provisions in the most recent Account Associate Agreement Schedule A.

 

1.33 Account Associate Referral. The term “Account Associate Referral” means each instance when an existing Account Associate is the Referring Account Associate for a New Account Associate.

 

1.34 Account Associate Referral Payout. The term “Account Associate Referral Payout” means the regular and periodic payments of the accumulated Account Associate Referral Purchase Fee, as per the most recent Account Associate Agreement Schedule A, to the Referring Account Associate, if and only if the Referring Account Associate is a Account Associate in Good Standing when such amount is due and payable.

 

1.35 Account Associate Referral Purchase Fee. The term “Account Associate Referral Purchase Fee” means the amount calculated to be paid out at each Account Associate Referral Payout, as per the most recent Account Associate Agreement Schedule A, to the Referring Account Associate for a purchase of any Goods And Services purchased by a Account Associate, if and only if the Referring Account Associate is a Account Associate In Good Standing when such amount is due and payable.

 

1.36 Account Associate Satisfaction Guarantee. The term “Account Associate Satisfaction Guarantee” means the definition as given in the most recent Account Associate Agreement Schedule A.

 

1.37 New Account Associate. The term “New Account Associate” means an individual or a corporation who has never before been a Account Associate and who has completed all things the Company requires to become a Account Associate.

 

1.38 New Strategic Partner. The term “New Strategic Partner” means a Account Associate who has never before been a Strategic Partner and who enters into a Strategic Partner Agreement with the Company.

 

1.39 Non-Disclosure Agreement. The term “Non-Disclosure Agreement” means any and all types of Non-Competition, Non-Solicitation, Non-Disclosure, and/or Confidentiality agreements previously signed by the Company and the Contractor.

 

1.40 Ombudsman Report. The term “Ombudsman Report” means the final report, issued by the Company Ombudsman after his involvement was specifically requested by a Account Associate, and which report specifically states the resolution the Company will follow after the Company Ombudsman has completed any necessary investigation and/or review of the Account Associate’s request as per the terms, conditions and provisions of either the Account Associate Satisfaction Guarantee and/or Account Associate Price Guarantee.

 

1.41 Party. The term “Party” means a participant, signatory, entity and/or party to this Agreement as they may be from time to time, and it is expressly understood that this shall be read and construed as the number and gender of the party or parties referred to in each case as required.

 

1.42 Price Breach. The term “Price Breach” means verifiable and documented evidence of a Strategic Partner selling, or offering to sell, the exact same good and/or service as that Strategic Partner offers via the Company Website, at a lower price and/or compensation than the Lowest Public Price.

 

1.43 Profile. The term “Profile” means and includes all the content a Strategic Partner provides to the Company website, and which is displayed in the Company website format, in order to advertise and/or sell a Strategic Partner’s specific goods and services to other Account Associates and/or the general public.

 

1.44 Profile Name. The term “Profile Name” means the name a Strategic Partner gives to a specific Profile, and which is displayed on the Company website in the format of: “<Strategic Partner name> - <Profile Name>” in order to distinguish between a Strategic Partner’s multiple Profiles.

 

1.45 Prompt Response. The term “Prompt Response” means using commercially reasonable efforts to give prompt response to a party’s request, and the following forms of communication are permitted and shall be deemed received when received by the party: physically written items using courier service, scan, email, and phone call received by the party in person and not via voice mail.

 

1.46 Proper Cancellation Notice. The term “Proper Cancellation Notice” means an instance when the cancelling Party of a Cancelled Event provides written notice of such cancellation to the receiving Party and where:

i. the written notice identifies the specific scheduled training Event to be cancelled by the applicable scheduled training Event ID Number;

ii. the written notice clearly states that the specific scheduled training Event is cancelled;

iii. the receiving Party receives the written notice no less than 45 clear Business Days prior to the first day of the specific scheduled training Event; and

iv. the written notice is executed by an individual with the authority to cancel the specific scheduled training Event.

 

1.47 Referral Link. The term “Referral Link” means any url directed to the Company website with the Referring Account Associate’s referral id appended to the end of the web page url, as described in the Affiliates URLs tab of the Affiliates Area of the Company website, allowing the New Account Associate’s web browser to track the Referring Account Associate’s referral id as a cookie, thus notifying the Company website to associate the New Account Associate as a Account Associate Referral of the Referring Account Associate during the New Account Associate’s initial signup and registration to become a Account Associate.

 

1.48 Referring Account Associate. The term “Referring Account Associate” means the existing Account Associate who referred a New Account Associate to the Company, and that New Account Associate, during their initial online signup and registration to become a Account Associate, used the Referring Account Associate’s Referral Link, automatically notifying the Company’s referral tracking system, that such existing Account Associate referred them to the Company.

 

1.49 Refund Denial. The term “Refund Denial” means a compensation denial to the Account Associate under the Account Associate Satisfaction Guarantee for any Goods and Services purchased and as outlined in the Account Associate Agreement Schedule A – M.02 i.

 

1.50 Responsibilities. The term “Responsibilities” means all terms, provisions and definitions outlined in any Exhibit B and/or Addendum B.

 

1.51 Set of Exhibits. The term “Set of Exhibits” means where the case may be that there are multiple goods and/or services being rendered by the Contractor, and in order to clearly set out the terms, provisions and definitions for each of these, a set of Exhibits containing an individual Exhibit A, Exhibit B, and Exhibit C, each designated with a matching number was provided to the Contractor with Written Consent. For example and clarity, the first good and/or service being rendered by the Contractor would have a “Set Of Exhibits” designated with the number 1 (ONE), and shall contain Exhibit A-1, Exhibit B-1, Exhibit C-1, and the next good and/or service being rendered by the Contractor would have a “Set Of Exhibits” designated with the number 2 (TWO), and shall contain Exhibit A-2, Exhibit B-2, Exhibit C-2, and this numbering pattern shall continue in a sequential manner for each separate good and/or service to be rendered by the Contractor.

 

1.52 Signing Authority. The term “Signing Authority” means any of the following: Company’s CEO, President, Director, or Controller.

 

1.53 Strategic Partner. The term “Strategic Partner” means a Account Associate who has performed and abided by, and continues to perform and abide by in an uninterrupted manner, all obligations, responsibilities, terms, and provisions, of a Strategic Partner Agreement entered into with the Company.

 

1.54 Strategic Partner Agreement. The term “Strategic Partner Agreement” means and includes the Strategic Partner Agreement signed by all the Parties, any document signed by all the Parties amending the Strategic Partner Agreement, all applicable terms, provisions, and definitions contained in any Account Associate Agreement signed by all the Parties, all definitions contained in the Company Definitions, all applicable terms, provisions, and definitions contained in every Set Of Exhibits, all applicable terms, provisions, and definitions contained in all other Exhibits, and all applicable terms, provisions, and definitions contained in any Non-Disclosure Agreement.

 

1.55 Valid Invoice. The term “Valid Invoice” means an invoice received by the Company in the manner set forth in any Agreement signed between the Parties and has the following details:

i. detailed description of the Work performed and as per any Agreement signed between the Parties;

ii. full and complete name and address of the Contractor;

iii. dates and times that the Work was performed;

iv. GST number or Tax ID (if applicable);

v. format showing invoiced amount, applicable taxes, and total amount invoiced.

 

1.56 Written Consent. The term “Written Consent” means having received, by physical, electronic mail, or by scan, prior written consent which was physically signed, dated and executed by Signing Authority(s) in their sole and absolutely unfettered discretion.