Global Business Partner Recruitment

IMPORTANT: PLEASE READ THESE GLOBAL BUSINESS PARTNER GUIDELINES CAREFULLY AND MAINTAIN A COPY FOR YOUR RECORDS.

• Minimum Advertised Price (MAP)
  • Midas Touch has an established Minimum Advertised Price (MAP) Policy that a Global Business Partner must follow for the advertising and marketing of the Midas Touch product. All Midas Touch Global Business Partner must agree to the terms and conditions of the following MAP Policy.
    • The Minimum Advertised Price for the Midas Touch product shall be no less than the current Manufacturer’s Suggested Retail Price (MSRP); This Minimum Advertised Price is established by Midas Touch and may be adjusted by Midas Touch at such time and in such amounts as it may determine at its sole discretion.
    • This MAP policy applies to all advertisements of Midas Touch products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or other electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers.
    • The inclusion in advertising of free or discounted products, with a product covered by this MAP policy, would be contrary to the MAP policy if it has the effect of discounting the advertised price of the covered product below the Minimum Advertised Price.
    • If pricing is displayed anywhere other than a brick-and-mortar-retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
    • Midas Touch maintains the right to run a temporary sale at its discretion, and in such case, the Minimum Advertised Price will be the same as the temporary sale price on those particular items for that particular time period.
    • If a Global Business Partner with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Midas Touch will consider this to be a violation of this MAP policy by the Global Business Partner.
    • Failure to comply with MAP, intentional and/or repeated failure to abide, will result in the immediate loss of Global Business Partner status and your ability to purchase any Midas Touch products through distribution.
• Sales Channel Limits. Selling Midas Touch products on your own website associated directly with your store(s) is permissible so long as this MAP policy is adhered to, with prior written consent from Midas Touch. You shall not list Midas Touch products on any third-party website, internet auction websites or classified advertising websites as defined by Midas Touch, including, but without limitation, amazon, overstock, alibaba, slickdeals, ebay, ubid, craigslist, gsaauctions.gov, etc.
•  Sales Region Limits. Authorized Global Business Partner with prior written approval from Midas Touch.
• Availability. The availability and lead time of the Products may change at any time.
• Authorized Global Business Partner. Midas Touch appoints the Global Business Partner as a non-exclusive Global Business Partner to purchase, inventory, promote and resell the Products to end-users and the Global Business Partner accepts this appointment. The Global Business Partner will buy and sell the Products in its own name, for its own account, and at its own risk, whether directly from Midas Touch, its affiliate, or its designee. This Agreement does not obligate Midas Touch, its affiliates or its designees to sell any Products to the Global Business Partner except pursuant to accepted purchase orders. This Agreement shall become effective only upon its execution by the Global Business Partner submitting their application form to Midas Touch, and Midas Touch approving the application.
• Prohibited Practices. The Global Business Partner shall make no false or misleading representations regarding the Products and shall make no representations to customers or to the trade with respect to the specifications or features of the Products except as may be previously approved in writing or published by Midas Touch. The Global Business Partner shall make no representation or statement regarding the Product’s ability to diagnose or detect any person having any fever, disease, illness or disorder.
• Product Knowledge. The Global Business Partner and its staff shall be intimately conversant with the technical language in general and shall possess complete knowledge concerning the Products and their specifications, features, applications, and benefits. The Global Business Partner shall conduct any sales training of its personnel that may be necessary to impart such knowledge and shall extend complete cooperation to Midas Touch in any Product education programs that Midas Touch may establish. The Global Business Partner shall use safe and effective practices in the installation of any Products.
• Record Keeping. The Global Business Partner will maintain complete, clear, and accurate records and books sufficient to evaluate the Global Business Partner’s performance hereunder and compliance herewith, including, but not limited to, inventory, sales, and accounts. The Global Business Partner will furnish such records and books to Midas Touch upon Midas Touch ’s request. At Midas Touch ’s request, and upon reasonable written notice, the Global Business Partner will permit Midas Touch or its authorized representative to review the Global Business Partner’s books and records to determine the Global Business Partner’s performance hereunder and compliance herewith.
• Intellectual Property Right Ownership and Restricted License.  As between Midas Touch and Global Business Partner, Midas Touch owns the Platform, consisting of packaged hardware, embedded software, firmware and peripheral software, and all associated intellectual property rights incorporated or otherwise embodied therein.  Subject to the terms and conditions provided herein, Midas Touch grants to Global Business Partner a worldwide license to (i) make and have made Global Business Partner’s Products; and (ii) import, offer for sale, sell and distribute Global Business Partner’s Products.  Global Business Partner will not (or assist or direct any third person to) (i) delete, remove or otherwise alter any copyright, trademark, confidentiality or other proprietary notice appearing in or on a Platform; (ii) modify or create a derivative work of a Platform or any incomplete portion thereof; (iii) extract, separate, remove or otherwise copy any software from or apart from a Custom Platform; or (iv) disassemble, decompile or reverse engineer any software found in a Platform.  This Agreement and the restrictions to the ownership and use of Midas Touch ’s intellectual property rights shall transfer with the ownership of the Platform.  Global Business Partner represents to Midas Touch, and agrees, that Global Business Partner will only incorporate and otherwise utilize the Platforms as a component of a Global Business Partner’s Product and that Global Business Partner is not and will not utilize or otherwise incorporate the Platforms in any other product or solution, or any product or solution for military or combat applications, or as part of any automotive product.
• Limitations of Liability.  Neither Midas Touch nor its suppliers and contractors shall be liable to the Global Business Partner or to any other third party for any consequential, exemplary, incidental, punitive or special damages (including without limitation, damages for loss of business or personal profits, business interruption or any other pecuniary loss) arising from or in connection with the Platforms, Global Business Partner’s Products or Midas Touch ’s performance hereunder, regardless of the form of action, whether in contract or in tort, even if such party has been advised of the possibility of such damages.
• Indemnity of Midas Touch. The Global Business Partner will indemnify, hold harmless and defend, at its own expense, Midas Touch, from and against any and all expenses, injuries, damages, claims (whether or not in connection with litigation), actions, judgments, settlements, verdicts, liabilities, losses, and costs whatsoever (including attorneys’ fees and costs of action) arising out of or in any way connected with any third-party claim arising from or otherwise relating to any act or omission by the Global Business Partner.