#MYCyberSALE

29th Sep 1st Oct 2014

E-TAILER APPLICATION FORM

A. Participating Criteria
1. Must Registered under Business Act 1956 or Company Act 1965;
Not the subject of a winding up order;
2. Must have a website or a microsite within an e-marketplace (presence on social media sites
and blogs are invalid);
3. Have a recognised payment gateway;
4. Adopt good e-commerce practices on the website, such as:
a. Clear Terms & Condition regarding shipping, cancellation/ return / refund policy;
b. Implement the Personal Data Protection Act 2010 under the Privacy Policy
c. Disclose the following information:
d. Company information
e. Has customer service / support contact information
5. Adhere to the relevant regulations in Malaysia; and
6. Must provide the Transaction Value (in RM) and Number of Customers for the sale duration
(MDeC to provide reporting format).
B.
1.
2.
3.

Please attach the following documents :

Company Registration form 9, 24 and 49 (for Company) or Form E and D (Sole Proprietor);
Proof of Payment Gateway Registration (eg : Print screen of Paylink page); and
A copy of Terms and Condition (indicating good customer engagement).

C. Submission Instruction
Please submit the completed form and its attachment (referring to item B) to
etailer.mycybersale@mdec.com.my.

Company Name/Store URL :

..
Submission Process
Approval Process

FOR MDEC USE

ONLY

Received Date
:
.

APPROVED
KIV

Verified by :
.

Approval Date
:
.

REJECTED

CONFIDENTIAL

Please select the type of E-Tailer :

E-Marketplace [ Please state the number of participating merchant : _________ ]
E-Voucher

[ Please state the number of participating merchant : _________ ]

Individual E-Tailer
Company Details
www.profitclick.com.my
Website Address :
..
Profit Genius Marketing
...
Shah Rizan Amdan
Company Name Muhammad
:

Manager
.....
Contact Person 2A,
: Jalan Berlian, Kg. Melayu Majidee, 8110 Johor Bahru, Johor

..
Designation
:
..

017-8101306
Address
:
shah@profitclick.com.my
...

Payment Gateway
MOLPAY
Name of Payment Gateway or banks
: .
......
XXXXXXXXXXX
Payment Gateway Merchant ID number
Agreement

I/We hereby confirm our participation in #MYCyberSALE and agree to abide the
qualifying criteria and terms & condition stated.
Name

Muhammad Shah Rizan Amdan

:
Company Stamp :
Manager

Designation :
21 Ogos 2014
Date

Signature

CONFIDENTIAL

TERMS & CONDITION

1.

#MYCyberSALE 2014 is an initiative by Digital Malaysia organised by MULTIMEDIA DEVELOPMENT

CORPORATION SDN BHD (Co. No. 389346-D) (MDeC)
2. Qualifications The invitation to be a Participating E-Tailer (E-Tailer) is open to all e-Marketplaces, Individual
E-Tailer and e-Voucher companies that fulfils to the approved qualifying criteria.
3. License to use E-Tailers Logo The participating E-Tailer (a) grants to MDeC, for the purpose of the sale, a
non-exclusive royalty free license to use the E-Tailer logo to promote and market the sale; (b) agrees to
indemnify MDeC in respect of any action that may be brought against MDeC arising out of or in connection
with the use of the E-Tailers logo. E-Tailers Logo means the logo supplied by the E-Tailer to MDeC in
connection with this agreement and #MYCyberSALE.
4. Performance Reporting The participating E-Tailer must report their performance for the duration of the sale
no later than 3rd October 2014. The report will consist of Transaction Value (in RM) and Number of Customers
for the duration of #MYCyberSALE.
5. Termination by MDeC MDeC shall be entitled to terminate this agreement immediately by providing a
written notice to the E-Tailer at its sole and absolute discretion determines and/or believes that : (a) the ETailer is in breach of or fails to perform any obligation or provision of this agreement; and/or (b) the E-Tailer
engages in conduct which reflects unfavourable and/or has an adverse implication on the goodwill, good
name, reputation or image of the sale or MDeC.
6. Indemnity The E-Tailer hereby agrees to indemnify, keep indemnified and hold harmless MDeC and other
supporting parties against all and/or any loss, costs, expenses, claim demands or liability whatsoever which
may be brought against them in respect of all matters arising directly and/or indirectly from and/or in
connection with this agreement and/or the sale as a consequence of these acts, breach, omissions or
negligence of the E-Tailer or its servants and agents. The E-Tailer shall be solely responsible for the dealings
between the E-Tailer and their Customers. MDeC shall not be liable for any claims whatsoever which may be
brought against MDeC in respect of any matters arising directly and/or indirectly from the dealings between
the E-Tailer and Customers at all times. For the avoidance of doubt, such indemnity shall be effective
irrespective of whether legal proceedings have been instituted, or whether any settlement or compromise
had been reached.
7. Exclusion of Liability To the extent permitted by the applicable law, under no circumstances shall MDeC be
liable for and indirect, consequential, incidental, special or punitive damages (including without limitation
damages for loss of business profits, business interruption, loss of business information or other pecuniary
loss) arising out the performance or non-performance of its obligations under this agreement, even if MDeC
has been notified of the possibility of such damage arising.
8. Force Majeure (i) Neither Party will be liable for any delay in performing or failure to perform any of its
obligations under this agreement caused by an event of Force Majeure. (ii) The Party claiming the event of
Force Majeure will promptly notify the other in writing of the reason for the delay or stoppage (and the likely
duration) and will take all reasonable steps to overcome the delay or stoppage. As regards such delay or
stoppage : (a) any cost arising from the delay or stoppage will be borne by the Party incurring those cost; (b)
either Party may, if the delay or stoppage continues for more than thirty (30) continuous days, terminate this
agreement with immediate effect by giving written notice to the other and neither Party will be liable to other
for such termination; and (c) the Party claiming the event of Force Majeure will take all necessary steps to
bring that events to a close or to find a solution by which this agreement may be performed despite the
event of Force Majeure.
9. Public Announcements and Press Release The E-Tailer, its permitted assigns, employees, agents and/or
representatives shall not make any public announcement or issue any press statement concerning any
aspect of this agreement without the prior written approval of MDeC. All requests for such approval shall be
directed in writing to MDeC and shall state the subject matter of the announcement or text of the press
release.
10. Personal Data By participating in the #MYCyberSALE 2014, the Participants represent and warrant to MDeC
that the E-Tailer have read and understood MDeCs Personal Data Protection Statement which is available at
www.mscmalaysia.my/personal-data-protection and agreed to the processing of personal data by MDeC in
the manner set out therein.
11. Governing Law This agreement and all terms and conditions herein and all disputes and differences arising
out of or in connection with this agreement (including any dispute regarding the existence, validity or
termination of this agreement or the consequence of its nullity) shall be governed by and construed in
accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction to settle any

CONFIDENTIAL

dispute arising out of or in connection with this agreement (including a dispute regarding the existence,
validity or termination of this agreement or the consequences of its nullity).
12. Rules and Regulations MDeC reserves the right to make and issue and regulations in connection with sale
and conduct of the E-Tailer from time to time. Such rules and regulation shall form part of this agreement and
shall be binding on the E-Tailer upon the same being dispatch to the E-Tailer. Failure by the E-Tailer to abide
by any such rules and regulation may (in addition and without prejudice to those consequences stipulated
herein) result in termination of this agreement, the loss of any rebates that the E-Tailer may otherwise be
eligible (if applicable), the E-Tailer will be suspended from participating in future sale and such other
penalties or consequences as may specifically be provided in the said rules and regulations.

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