Terms and Condition

You hereby agree to the following terms and conditions:

1. You shall receive from our company certain notifications and promotional materials covering our loan products.
2. You undertake and agree to promote the Products of PG Finance and receive applications on its behalf. For the purposes of promoting the Products of PG Finance and in rendering the Services, you shall:
   
   1. Make yourself available necessary to promote the Products, to respond to queries about the Products;
   2. Provide true, fair and accurate information to prospective Clients in relation to the Financial Services offered by the First Party in respect of loan applications by Clients. Provide a true, fair and accurate description of the First Party’s business such as to enable a correct and balanced understanding by the prospective Clients of the services offered by the First Party.
   3. Assist in the processing of the necessary documentation requirements for the promotion and application of the Products, and to meet relevant requirements under applicable laws;
   4. Identify and provide the First Party with the basic information of the Customers, subject to the validation by the First Party of such information in accordance with the First Party’s validation procedure; for this purpose, the Second Party undertakes to comply with the relevant provisions and obligations provided for by Philippine laws regarding the filing, use and processing of personal data of Customers.
   5. Undertake to observe the specific directives and instructions which the First Party may give from time to time with respect to information on the Products and the marketing and promotion thereof, and use only advertising and other material authorized in writing or provided by the First Party; for this purpose, the First Party shall provide the Second Party with relevant Product information, the general terms and conditions of loan services.
   6. You shall not allow his interests to conflict with its duties under this Agreement and shall comply with all reasonable and lawful instructions of the First Party.
   7. Second Party acknowledges that all Client brought to the First Party by Second Party are First Party’s clients. Except as provided for herein, any information about these customers are the exclusive and sole property of the First Party. Upon termination of this agreement the clients will remain the First Party’s clients.

COMPLIANCE WITH LAWS, REGULATIONS AND RULES SET FORTH BY THE RELEVANT AUTHORITIES

3. The Second Party represents, warrants and covenants that he shall ensure, at all times, compliance with all applicable laws, regulations and codes of conduct relating to the promoting of the Products, the rendering of the Services and the performance of its duties under this Agreement.
4. The Second Party shall, at all times, observe the specific directives and instructions which the First Party may provide from time to time with respect to the performance of the obligations of the Second Party hereunder and the implementation of its appointment hereunder.
5. The Second Party undertakes to indemnify on a full indemnity basis and hold the First Party harmless from any expenses (including legal costs) incurred and any damages or loss suffered, including the amounts paid as a consequence of a decision of any regulatory or judicial authority, deriving from the breach of the provisions of this Agreement by the Second Party.
6. The Second Party, as part of its contractual services, shall always act, in respect of any matter relating to this Agreement or to the activities required to be performed by it under this Agreement, with utmost integrity and professionalism, with the objective of promoting and protecting the First Party’s best interest. The Second Party shall always uphold the First Party’s interest above its own.
7. The Second Party shall ensure that all communications in which it engages in the course of providing Services to the First Party in accordance with the provision of this Agreement, (whether oral, written, electronic or otherwise and through whatever mode or medium) are fair, clear, not misleading and not aggressive and that nothing in its communication or interaction with any Client, will be untrue, unfair, misleading or aggressive.

CONFIDENTIALITY

Mutual Undertaking

8. The Parties reciprocally acknowledge that all the information obtained by one Party from the other Party and all matters taken up in this Agreement or the activities to be performed hereunder or any agreement related hereto are confidential in nature and cannot be disclosed to third parties without the previous written consent of the Party from whom such information was obtained. The Parties agree that such information will be disclosed by them to their respective representatives on a “need to know” basis only and they undertake to take all reasonable measures to restrain their respective representatives to whom such information shall be disclosed from violating this covenant. The foregoing, however, shall not be applicable to any information which (a) is made available to the public other than as a result of a disclosure by any of the Parties; (b) was made available to any of the Parties on a non-confidential basis; (c) became available to any of the Parties on a non-confidential basis from a source other than a party hereto, when such source was entitled to make such disclosure; or (d) is required to be disclosed by a Party under an applicable law or regulation, an order of a court of competent jurisdiction. In the event that either Party is legally required to disclose matters to governmental regulatory authorities, then to the extent permitted under applicable law or regulation, the Party being required to disclose shall consult with the other Party prior to making the required disclosure for the purpose of arriving at a common position with respect to the manner in which the disclosure will be handled.

Loan Agent’s Undertaking

9. The Loan Agent undertakes, for the term of this Agreement and after the termination of the same, not to disclose any Confidential Information or to use any Confidential Information for any purpose other than for the fulfillment of its obligations under this Agreement. For the purposes hereof, “Confidential Information” shall mean any information or knowledge concerning the procedure, protocols, documentation, and/or methods of financing, preparation, promotion, sale or distribution, directions and other business, sales, marketing and related information or data, whether in written, published or printed form or made available by electronic mode or other communicable form, or orally/verbally disclosed by the First Party to the Second Party for the purposes of undertaking the marketing and sale of the Products, all of which constitute confidential information and property owned by the First Party. The Second Party is aware that the First Party is the exclusive owner of the Confidential Information and that the same has been or will be transmitted to the Second Party for the sole purpose of allowing them to perform its functions under this Agreement. In case of cessation or expiration of the term of this Agreement, the Second Party undertakes, according to the instructions of the First Party, to destroy or return all documents, originals or copies, which contain, or are connected to the Confidential Information, including those documents and the Confidential Information which the Second Party disclosed to its employees, consultants or third parties and it undertakes not to use them further and to ensure that the parties to whom such information were disclosed do not use it further. In addition, the Second Party undertakes to recover the Confidential Information and the related documents which may be in the possession of its employees, consultants or third parties in case of cessation of the relationship between the latter and the Second Party, for any reason whatsoever.
10. Any party, in breach of this confidentiality clause, shall be liable for damages OF NOT LESS THAN ONE HUNDRED THOUSAND PESOS (P100,000.00). Other reliefs that are just, equitable and with competent proof shall be added.

ANTI-BRIBERY

The Second Party agrees and accepts not to engage or encourage directly or indirectly in any conduct that may be construed to be an act of bribery or corruption of any government or public official or any other executive (including indicatively corporate executives) who can make, direct or influence a decision, and to comply with all laws, statutes and regulations relating to anti-money laundering and corruption which are applicable to it.

Second Party shall in no occasion make or offer a payment in money or in kind, or otherwise offer or accept any inducement seeking to obtain a share/percentage in the payment; or induce someone to behave improperly, irrespective of whether they are government, public or private sector officials or employees.

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