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Terms and Conditions

Affiliate Agreement.

Effective Date – 29.1.2025

Last Updated – 29.1.2025

As a prospective Affiliate for NexWave Limited, I understand and agree to the following terms and conditions:

I understand that this application and agreement is subject to acceptance by NexWave. Upon acceptance by NexWave, these Terms and Conditions, together with the NexWave Policies and Procedures (the “P&Ps”) and the NexWave Compensation Plan, all of which are incorporated by reference, shall constitute the entire agreement (the “Agreement”) between NexWave and myself and the Agreement supersedes any prior or existing oral or written agreements. I certify that I have read and understand these Terms and Conditions (T&Cs), the P&Ps, and the Compensation Plan.
I agree to be bound by any changes to these T&Cs, the P&Ps and the Compensation Plan that NexWave, in its sole discretion, may change from time to time. Notification of any changes or amendments shall be posted on the NexWave corporate website and become effective thirty (30) days after publication (the “Effective Date”). The continuation of my NexWave business or my acceptance of bonuses or commissions after the Effective Date shall constitute my acceptance of any and all changes or amendments to the Agreement.
I am an Independent Contractor responsible for my own business activities without direction or control from NexWave. I UNDERSTAND THAT I AM NOT AN EMPLOYEE OF NEXWAVE AND I WILL NOT BE TREATED AS AN EMPLOYEE FOR ANY TAX PURPOSES. I recognize that it is my responsibility to pay self-employment tax, federal and local income taxes as required by law. I acknowledge that NexWave is not responsible for income withholding and that it will not withhold or deduct any tax from my bonuses or commissions, if any.
The term of this Agreement is one (1) year. The Agreement will automatically renew for an additional one (1) year term(s) unless terminated by either party. The annual renewal fee is ninety-nine (99) USDT and must be received by NexWave no later than fifteen (15) days after the anniversary date of this Agreement. I understand that I have the right to terminate this Agreement at any time, with or without reason, by submitting written notice of termination to NexWave. I further understand that if this Agreement is voluntarily or involuntarily terminated for any reason, I will permanently lose all rights as a NexWave Affiliate, including but not limited to the right to sell NexWave products and services and the right to receive commissions and bonuses resulting from my sales activities and the sales activities of my downline organization. In the event of any termination or nonrenewal, I waive any rights, including any property rights, to my downline organization or to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization.
I understand that I am not an agent of NexWave for any purpose whatsoever. I agree not to commit any act that would cause anyone to believe that I am an agent of NexWave. I understand and agree that customers I procure as an Affiliate on behalf of NexWave are customers of NexWave and its vendors.
I will not make any statements or representations about NexWave products or services or the NexWave Compensation Plan other than those contained in official NexWave literature. I will represent the NexWave Compensation Plan fairly and completely, emphasizing that sales to ultimate consumers and/or users are a prerequisite to earnings and that no recruitment fee can be derived from the mere act of sponsoring other Affiliates.
I acknowledge that no representations or guarantees have been made to me by NexWave, its officers, or any Affiliate of NexWave concerning how much money I may or will earn as a NexWave Affiliate.
I understand that the Agreement does not constitute the sale of a franchise, there are no exclusive territories granted to me and I am not acquiring any interest in a security.
I understand that the terms of this Agreement, including the P&Ps, are strictly enforced. Violation of any provision may be grounds for termination of my Agreement or other disciplinary action. I understand that I must be in good standing and not in violation of any term of this Agreement in order to be eligible to receive any bonuses or commissions from NexWave.
I authorize NexWave to use my name, photograph, video, testimonial, personal story and/or likeness in any Company advertising or promotional materials, including use on the internet, and waive all claims for remuneration for such use. This authorization may be cancelled by me at any time by written notice to NexWave.
Support: I acknowledge that I must support and maintain regular communication with any Affiliate I personally sponsor, as well as those in my downline.
No purchase of any item other than the Annual Membership Fee is necessary to become a NexWave Affiliate and I understand that I do not personally have to be a NexWave customer in order to become an Affiliate. I understand the Annual Membership Fee includes a replicated site, business and organizational management tools, marketing and training materials and home-office support for all current products and services.
Refunds and Cancelations: NexWave operates under a strict no-refund policy, meaning all payments are considered final and non-refundable. Any disputes will be reviewed on a case-bycase basis, however, it is important to note that exceptions to this policy are rare, and refunds will not be issued as a standard practice. An Affiliate can cancel his or her Affiliate account at any time, however the membership fee is not refundable.
I will not use the NexWave name, or the NexWave trademarks, trade names, logos, sales materials, company literature or any web-site content, except in materials provided by NexWave or approved in writing by NexWave prior to their use by me. I understand that any unauthorized use or duplication of NexWave trade names, trademarks or copyrighted materials is a violation of this Agreement and applicable federal and state laws. The P&Ps contains additional information regarding NexWave trademarks.
I will not market, promote or sell NexWave products in any unauthorized manner. The P&Ps contains additional information.
An Affiliate may not delegate or subcontract any obligations or duties under this Agreement without the prior written consent of NexWave. Any attempt to transfer or assign this Agreement without the express written consent of NexWave renders this Agreement voidable at the option of NexWave and may result in termination of this Agreement.
Indemnification. I agree to indemnify and hold NexWave, its affiliates, and their respective officers, directors and employees harmless from any and all claims, damages, expenses, fines, penalties, attorney’s fees or liability arising from or relating to the promotion or operation of my NexWave business and any activities related to it, including but not limited to any unauthorized representations or slamming activities.
During the term of this Agreement and for one (1) year thereafter, I will not, directly or indirectly, on behalf of myself or any other individual or company, solicit or induce any Affiliate, customer or employee of NexWave or its affiliates (i) to participate in any network marketing or direct sales program offered by any other company, or (ii) to terminate or alter his or her business or contractual relationship with NexWave.
Notice: Any communication or notice pursuant to this Agreement given by a party to the other party shall be in writing and shall be either (i) personally delivered; (ii) delivered by electronic communication, whether by email or; (iii) delivered by registered or certified mail, postage prepaid, return receipt requested; or (iv) delivered by overnight express delivery service to the address provided in this Agreement.

Any such communication, notice or consent shall be deemed to have been duly given or served on the date personally served if by personal service or overnight delivery, on the date of confirmed dispatch if by electronic communication, or on the date shown on the return receipt or other evidence of delivery, if mailed.
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without regard to conflicts of law principles.
Waiver of Class Action: As part of the consideration provided for the opportunity of being an Affiliate, I expressly waive and disclaim any right to bring any claim in any and all forums as a class action or as a private attorney general. I shall not serve as a class Affiliate or a member of a class in any litigation adverse to NexWave.
Neither party to this Agreement shall be liable for loss of anticipated profits or consequential, incidental, exemplary or punitive damages in connection with any claim arising from this Agreement and the parties waive their respective right to seek such damages.
I agree that any claim by an Affiliate against NexWave for any alleged act or omission relating to or arising from this Agreement must be brought within one year from the date of the alleged conduct giving rise to the cause of action and that failure to bring such action within such time shall bar all claims against NexWave related to any such alleged act or omission.
Any waiver by either party of any breach of this Agreement must be in writing. Waiver of any breach shall not be construed as a waiver of any subsequent breach.
THE PARTIES TO THIS AGREEMENT AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING ANY CLAIMS RELATED TO THE NEXWAVE COMPENSATION PLAN, NEXWAVE PRODUCTS OR SERVICES, THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT, OR ANY OTHER CLAIMS RELATING TO THE PERFORMANCE OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE RULES OF THE ADMINSTERED ABRITRATION RULES OF HONG KONG (HKIAC) PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WITH EACH PARTY BEARING ITS OWN COSTS.

Although this agreement is made and entered into between the Affiliate and NexWave, the owners, members, managers, and employees of NexWave, Inc.(“Related Parties”) are intended third party beneficiaries of the Agreement, including this agreement to arbitrate. This provision shall not restrict any party from seeking preliminary or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Hong Kong. The parties to this Agreement consent to the exclusive jurisdiction of the Houston Court, for purposes of enforcing any arbitration award or other legal proceedings between them.

This agreement to arbitrate shall survive any termination or expiration of this Agreement. The prevailing party in any dispute arising under or relating to this Agreement shall be entitled to recover its reasonable attorney’s fees and costs.
Severability: If any provision of the Agreement is held to be invalid or unenforceable, the remainder of the Agreement will be interpreted to effect the intent of the parties and the remaining provisions of the Agreement shall remain in full force and effect.

Privacy Policy

Effective Date – 29.1.2025

Last Updated – 29.1.2025

Welcome to NexWave (the “Company,” “we,” “us,” or “our”). Your privacy is important to us, and we are committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.nexwave.com (the “Website”).

By using our Website, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with this policy, please do not use our Website.

1. Information We Collect

We may collect the following types of information when you visit or interact with our Website:

1.1 Personal Information

When you register, subscribe, or contact us, we may collect personal data such as:

Name
Email address
Phone number
Country of residence
Payment information (for purchases, if applicable)
Any other information you voluntarily provide

1.2 Non-Personal Information

We may collect non-identifiable information, including:

Browser type
IP address
Device type
Operating system
Pages visited and browsing activity
Referral source

1.3 Cookies and Tracking Technologies

We use cookies and similar tracking technologies to improve our Website experience. You can manage cookie preferences through your browser settings.

2. How We Use Your Information

We use the information collected for the following purposes:

To provide and improve our services
To respond to inquiries and provide customer support
To personalize user experience
To process transactions (if applicable)
To analyze Website usage and improve functionality
To comply with legal obligations
To send marketing communications (only with your consent)

3. How We Share Your Information

We do not sell or rent your personal data. However, we may share your information with:

Service providers: Third-party vendors who assist in website operations, payment processing, and analytics.
Legal and regulatory authorities: If required to comply with applicable laws or in response to legal processes.
Business transfers: In case of a merger, sale, or acquisition of the Company.

4. Data Security

We implement security measures to protect your personal data. However, no method of transmission over the Internet is 100% secure. By using our Website, you acknowledge that you provide your information at your own risk.

5. International Data Transfers

As we focus on Asian markets, your data may be transferred to and stored on servers located outside your country. We ensure that such transfers comply with applicable data protection laws.

6. Your Rights

Depending on your jurisdiction, you may have the following rights:

Access: Request a copy of the personal data we hold about you.
Correction: Request corrections to inaccurate or incomplete data.
Deletion: Request the deletion of your data.
Objection: Object to the processing of your data for marketing purposes.
Withdrawal of Consent: Withdraw consent for data processing where applicable.

To exercise your rights, please contact our data protection office at dpo@nexwave.com

7. Retention of Data

We retain personal data only as long as necessary for legal and operational purposes. Once no longer required, we securely delete or anonymize the data.

8. Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for their privacy practices. Please review their privacy policies before sharing your information.

9. Updates to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated “Effective Date.”

10. Contact Us

For any questions regarding this Privacy Policy, please contact us at dpo@nexwave.com.