This Reseller Agreement (“Agreement”) is entered into between Kiki’s Music Pte. Ltd. (“the Company”) and the approved reseller (“the Reseller”). By accepting reseller status, the Reseller agrees to be bound by the following Terms and Conditions:
1. Appointment & Discretion
1.1 The Company appoints the Reseller on a non-exclusive, revocable basis to market and sell MuJong™ products.
1.2 All applications are subject to approval at the sole discretion of the Company. Processing time is 3 to 5 working days. If no response is received within this timeframe, the application shall be deemed unsuccessful.
1.3 If a Reseller has been invited but not received confirmation, they should check their spam folder or contact info@kiki.sg. A response may take an additional 3 to 5 working days.
1.4 The Company reserves the right to reject, suspend, or terminate any reseller status at any time and without notice.
1.5 Resellers may appeal a suspension or termination by writing to legal@kiki.sg. Appeals may take up to two (2) weeks, during which internal investigations may be conducted at the Company’s discretion. The decision is final, and the Company reserves the right to disclose or withhold its findings.
2. Confidentiality & Non-Disclosure
2.1 All dealings, communications, content, and access granted under this Agreement and the Reseller Portal (https://www.kiki.sg/reseller) are strictly confidential and privileged.
2.2 No content of any activities and information (including screenshots, prices, correspondence, or internal materials within the Reseller Portal) under this engagement may be shared verbally, digitally, or physically without prior written consent from the Company.
2.3 Any breach of confidentiality will constitute a material breach. The Company may pursue civil recourse without further reference, and the Reseller shall waive all rights of defence in such circumstances.
3. Use of Trademarks & Marketing
3.1 Resellers are permitted to use the MuJong™ name, logo, product visuals, and official marketing materials for promotional purposes.
3.2 Such use is limited to social media, private customer networks, and messaging platforms. Any brand modifications or unofficial representations are strictly prohibited.
4. Dispute Resolution
4.1 All disagreements must first be addressed through without prejudice correspondences.
4.2 All parties agree to exhaust all amicable options before initiating formal proceedings.
4.3 Any unresolved dispute shall be referred to mandatory mediation, either:
- (a) At the Company’s appointed solicitor’s office; or
- (b) Through a without prejudice meeting convened by the Company.
4.4 If the Company initiates mediation or such meeting and the Reseller fails to respond, it shall be deemed that mediation has failed, and amicable options are considered exhausted.
4.5 Governing law shall be Singapore law, with the exclusive jurisdiction in the courts of Singapore.
5. Payment Terms
5.1 Unless otherwise agreed in writing, default payment terms shall be 30 calendar days from receipt of product by the customer.
5.2 For Singapore-based resellers, payments will be made via PayNow. For international Resellers, payment will be made via PayPal or other modes that may be agreed separately in writing. Resellers will receive email notification upon successful payment.
6. Force Majeure
6.1 The Company shall not be liable for delays or failures due to Force Majeure, including but not limited to:
- Natural disasters
- Epidemics or pandemics
- Civil unrest, war, embargoes
- Transport delays, supply chain disruptions
- Power or internet outages
6.2 Obligations delayed due to Force Majeure shall be suspended during the disruption.
6.3 If such disruption persists for more than 60 days, either party may terminate the Agreement without penalty.
7. Returns & Exchanges
7.1 All sales are final and non-returnable, except in the case of:
- (a) Manufacturing defects or shipping damage, reported within 7 days
- (b) Wrongful delivery
7.2 Approved returns must:
- Include proof of purchase and, where applicable, photo evidence
- Be returned in original condition and packaging
- Be shipped at Reseller’s cost unless waived by the Company
7.3 The Company may, at its discretion:
- Replace the item
- Provide store credit
- Issue a refund, whether in-full or partial
7.4 No returns will be accepted for:
- Change-of-mind
- Mishandling by Reseller or customer
- Claims made after the 7-day window
8. Commission & Reversals
8.1 Commissions or discounts are granted only on completed, non-reversed sales.
8.2 In the event of return, refund, or reversal:
- (a) The Company reserves the right to withhold or claw back commissions
- (b) Any previously paid commission must be reimbursed within 30 days or will be offset from future payouts
8.3 This applies regardless of who initiated the return (customer or Reseller).
9. Indemnity
9.1 The Reseller shall indemnify and hold harmless the Company, its officers, and affiliates against any claim, loss, or liability arising from:
- Breach of this Agreement
- Misrepresentation to third parties
- IP infringement
- Unauthorised disclosure of confidential materials
Kiki’s Music Pte. Ltd. reserves the right to revise these Terms and Conditions from time to time. By continuing to act as a Reseller, you agree to be bound by the updated terms.
For legal matters, please contact: legal@icon.sg