AGREEMENT FOR BNI MEMBERS AND BNI LEADERSHIP TEAMS

This agreement applies to you if at any time in your membership of BNI you become a Leadership Team Member (“LTM”) or as a Support Leadership Team Member (“SLTM”), or if you access the Leadership Team courses contained in www.bnilearning.com.au. LTMs include Chapter President, Vice President, Secretary/Treasurer. SLTMs include positions such as: Membership Committee Members, Visitor Hosts, the Education Coordinator and Event Coordinators. By accepting a login to enter in www.bnilearning.com.au, you accept the terms of this Agreement and, if applicable, you agree to accept the duties and responsibilities set forth in the Leadership Team Manual, and agree to follow all BNI policies and procedures. You also agree to receive emails from BNI. LTMs, upon satisfactory performance of the duties set forth in the Leadership Team Manual, receive as consideration an exemption of dues during their tenure as an LTM, the receipt of which is hereby acknowledged (LTMs must have one or more months remaining on their membership to become an LTM or they will be required to renew membership before accepting the position). SLTMs do not receive any such remuneration during their tenure. This Agreement for BNI Members and BNI Leadership Teams (Agreement) is made between BNI Australia Pty Ltd as trustee for The BNI Australia Trust ACN 128 322 565 (BNI) or the Franchisee in your BNI Franchise Region, as applicable, and you as the LTM/STLM of the below BNI Chapter on the key terms outlined below.

If you access the Leadership Team courses in www.bnilearning.com.au, or if you are appointed to one of the following LTM/STLM positions:
- Chapter President
- Vice President
- Treasurer/Secretary
- Membership Committee Member
- Visitor Host
- Event/Growth Coordinator
- Education Coordinator

1. You agree and acknowledge that you are not an agent or employee of BNI. You agree to comply with your duties and responsibilities as set out in the LTM Manual and the LTM/SLTM Job Description (Documents), to follow all BNI policies and procedures, receive emails from BNI and use your best endeavours to comply with all reasonable requests of you from BNI.

2. If you are a Chapter President, Vice President, Treasurer /Secretary, you may, at BNI’s sole discretion, receive a credit towards a reduction on your membership fees during each month of your term as a LTM subject to satisfactory performance of your duties outlined in the Documents.

3. You agree with BNI that you will not during your term as a LTM/SLTM and for a period of one (1) year after the end of your term: (1) directly or indirectly and whether solely or jointly with any other person or in any capacity, own, manage, be employed by, participate in, consult with, perform services for or otherwise be connected with any region or chapter or any business the same as, similar to or in competition with the business conducted by BNI within any area BNI is operating chapters; (2) entice or endeavour to entice away from BNI any employee, agent, licensee, consultant, member or any other person connected to BNI or its business; or (3) counsel, procure or otherwise assist any person to do any of the acts referred to in clauses 3(1) and 3(2) above.

4. If any of the provisions of clause 3 are determined to be invalid or unenforceable by reason of their scope or duration, then the provisions of clause 3 are deemed to be modified to the extent required to cure the invalidity or unenforceability and clause 3 as amended remains binding on the parties of this Agreement. If a breach or threatened breach of clause 3 occurs, BNI is entitled to obtain injunctive relief restraining the commencement or continuance of any breach in addition to any other legal or equitable remedies permitted by law.

5. You must promptly disclose to BNI and its authorised agents all business opportunities that are presented to you in your capacity as a LTM/SLTM and of a similar nature to the BNI business. You acknowledge that: (1) for the purposes of clause 3, competitive organisations to BNI includes organisations such as Le Tip and Leads Club. (2) without limiting or detracting from the effect of clause 3, you may join and participate in businesses not in competition with the business conducted by BNI during your term, including Chambers of Commerce and bona fide service clubs such as Rotary, Lions, and Kiwanis. (3) if you have any question as to whether an organisation is a business the same as, similar to or in competition with the business conducted by BNI you must contact BNI to obtain further clarification.

6. All copyright, trade mark rights, patent rights, design rights or any other intellectual property rights subsisting in or created during the development of the BNI trade marks, BNI system, image, Documents and any advertising and promotional materials provided to LTM/SLTM including software, source and object codes, scripts, records, documents, specifications, plans, program listings, calculations or drawings and all confidential information necessary for, or which may be used in connection with your obligations under this Agreement (Intellectual Property) must be used strictly in compliance with all of the terms and conditions of the Documents and BNI’s directions.

7. In the performance of your duties, you will have access to, and use of, BNI programmes, routines, ideas, formulas, procedures, techniques, designs, logos, manuals, brochures, printed materials (including the LTM training materials and the Documents), list of members, potential members, referral slips, activity reports and all Intellectual Property of a confidential nature and not in the public domain (Confidential Information).

8. You acknowledge that Confidential Information is secret and confidential to BNI and is owned by BNI. You acknowledge that you have no interest in ownership of the Confidential Information or right to use it for your own benefit, and may only use the Confidential Information for the purposes of this Agreement. You must maintain the confidentiality of the Confidential Information and must not disclose it to any person without first obtaining BNI’s written authority. You agree that these restrictions apply after the termination of this Agreement, but cease to apply to information and knowledge which may come into the public domain otherwise than by breach of this Agreement. Upon termination of this Agreement, you must immediately cease all use of the Confidential Information, return all Confidential Information to BNI and, where requested, discontinue any association with the BNI name.

9. You agree that this Agreement contains the entire agreement between you and BNI and supersedes any and all other agreements and that if any provision of this Agreement is invalid or unenforceable the remainder of the agreement shall not be affected. This agreement is governed by the laws of the state in which the LTM/SLTM’s BNI chapter is located.
Last modified: Monday, 28 February 2011, 09:21 AM