Infon Marketing-Lifeline & ACP IBO ICA
Applicant Complete the Following
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Social Security Number
Date of Birth
The Following states require sex and race to obtain information: AL, AR, FL, GA, IA, IN, OR, TX, WI.
State ID/Driver’s License Number & State Issuing License
Name as it appears on License
Independent Contractor Agreement
Business Name DBA:
This is an Independent Contractor Agreement (“Agreement”) between “Infon Marketing”, (the “Company”, Master Agent) and the individual named above to (referred as "Contractor", "Independent Representative”, “Independent Contractor”, “IC” “IBO” or “the Rep”).
WHEREAS the Master Agent intends to hire the Contractor for the position of Lifeline Outreach Agent and the Contractor desires to provide their services on the conditions set forth.
IN CONSIDERATION of promises and other good and valuable consideration the parties agree to the following:
III. Contractor Period. The Master Agent agrees to hire the Contractor on an at-will basis which means this Agreement may be terminated at any time by either the Contractor or Master Agent without cause. After termination by any of the Parties, neither will have any obligation; for severance and/or unemployment collection for any reason, as outlined in this Section, confidentiality as listed in Section XI and any non-compete as listed in Section XII. a.) Contractor’s Termination. The Contractor shall have the right to terminate this Agreement by providing at least 30 days’ notice. If the Contractor should terminate this Agreement, the Master Agent shall not have any further obligations to the Contractor under this Agreement. b.) Master Agent’s Termination. The Master Agent shall have the right to terminate this Agreement by providing at least 7 days’ notice. MA has the right to incorporate a cure period of 10 days. If the Master Agent should terminate this Agreement, the Contractor shall not be entitled to severance or submit to the state residing, for unemployment.
XIV. Non-Compete. During the term of contractor, the Contractor understands that he or she will be subject to learning proprietary information, including trade secrets, which could be applied to competitors of the Master Agent. Therefore, in order to protect the fiduciary interests of the Master Agent, the Contractor agrees to the following:-Industry(ies). To withhold from working in the following industry (ies): Lifeline Outreach-Term. This Non-Compete shall be in effect for 90 days(s) following the date of Contractor’s termination. -Related Acts. In addition, this Section shall be applied specifically to the Contractor engaging, directly or indirectly, in the industry of the Master Agent. This includes but is not limited to: Communicating with related business owners, partners, members, officers, or agents; being employed by or consulting any related business; Being self-employed in a related business; or soliciting any customer, client, affiliate, vendor, or any other relationship of the Master Agent. XV. Contractor’s Role. The Contractor shall not have the right to act in the capacity of the Master Agent. This includes, but is not limited to, making written or verbal agreements with any customer, client, affiliate, vendor, or third (3rd) party. These rights may or may not change at any time in the future by the Master Agent. XVI. Appearance. The Contractor has a scope of work to follow on their timeline and has no responsibility to appear at the Distributor/Master Agent’s desired workplace at the time scheduled. The Scope of work is clear in the rules of engagement supporting community outreach with activating communications services for eligible consumers by carrier rules.XVII Disability. If for any reason the Contractor cannot perform their day to day duties, by physical or mental disability, the Master Agent may terminate this Agreement by giving the Contractor 1 days’ written notice with no recourse, being Oklahoma is a right to work state. XVIII. Compliance. The Contractor agrees to adhere to all sections of this Agreement in addition to any rules, regulations, or conduct standards of the Master Agent including obeying all local and federal laws. If the Contractor does not adhere to this Agreement, company policies, including any task or obligation that is related to the responsibilities of their position, the Master Agent may terminate this Agreement without severance as stated in Section III. Master Agent shall compensate Sub-Agent for activity performed per billable hourly rate. Compensation will be measured based on three (3) performance metrics. Sub-Agent will receive the total weekly compensation for the period defined in the Payment Cycles section below. The Sub-Agent compensation will be determined weekly and will be based on how s/he performed according to the performance criteria set forth in the “Scope of Work” below. If Sub-Agent doesn’t achieve the three (3) metrics, weekly the Sub-Agent will incur 10% reduction for that weekly compensation. Parties acknowledge and agree to comply with 47 C.F.R. 54.406 (b) which specifically prohibits the payment of any commission compensation to an enrollment outreach representative (sub-agent) or that representative’s direct supervisor (manager) based solely on the number of consumers who apply for or are enrolled in the Lifeline program. Parties agree that commission compensation for Lifeline enrollments means direct financial compensation or other incentives such as non-cash rewards and travel incentives.
XIX. Return of Property. The Contractor agrees to return any and all property of the ETC upon the termination of contractor. Back office systems will be deemed as 100% accurate for all device inventory consigned and this will be used for tracking and reconciling. This also includes, but is not limited to, equipment, electronics, records, access, notes, data, tests, vehicles, reports, models, or any property that is requested by the Master Agent. Personal Guaranty is in place to ensure safeguard of all company property consigned to sub-agent/contractor. XX. Notices. All notices that are to be sent under this Agreement shall be done in writing and to be delivered via Certified Mail (return receipt) to the following mailing addresses:
The aforementioned addresses may be changed with the act of either party providing written notice.
XXI. Amendments. This Agreement may be modified or amended under the condition that any such amendment is attached and authorized by all parties. XXII. Severability. This Agreement shall remain in effect under the circumstance a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited. XXIII. Waiver of Contractual Right. If the Master Agent or Contractor fails to enforce a provision or section of this Agreement, it shall not be determined as a waiver or limitation. Either party shall remain the right to enforce and compel the compliance of this Agreement to its fullest extent.
Governing Law. This Agreement shall be governed under the laws in the State of Texas.
Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Master Agent and Contractor.
Exhibit A – INDEPENDENT BUSINESS OWNER(IBO)-National Consultant (NC)
Services, Territories, and Compensation
Compensation: LIFELINE and/or ACP CAMPAIGN
Smartphone $ per approved enrollment
Tablets $ per approved enrollment
To manage Lifeline campaign correctly and in sync with our carriers pay out model, Level 3 IBO-NC, Infon Marketing will be able to pay on a 2-Part compensation model. (Front End Payment and Backend Payment)
This A+ device - equipment management payout of $1,000 reserve is met ½ will be released back to enrollment agent. Any dollars remaining on the Reserve Account will be credited back to IBO-NC in part of device shrinkage debits, then remaining, released to IBO-NC, when EA is terminated, cancels contract, or Tier production falls below Tier 3, 4 weekly pay periods, back-to-back, if there is no remaining negative balance.
** Enrollment Agents will be required to conduct “scope of work” with each approved consumer to engage full payment to IBO-NC. 2 of 4 items are mandatory. In gray below. MUST be a real email address that is verified by consumer.
Marketing Services Application Opt In
Level 1 & 2 compensations will be deducted from your IBO revenue and the remaining dollars will be paid as agreed. (*If you are working with ADP payroll services or other, and can provide backup of payment history in reporting format weekly, IBO may manage 100% of their own payroll) Due to FCC requirements this transparent information will need to be shared with Infon Marketings' processing dept. email@example.com
Infon Marketing reserves the right to alter the amount and/or terms of the compensation and/or pay period at its sole discretion in (5) days - notice. Notwithstanding the foregoing, no payment shall be payable under any of the following circumstances:
Infon Marketing will act as Paymaster (with the signed agreement) and pass-through compensation on the IBO’s behalf to Enrolling Agent and supervisor level, Infon Marketing will use flat dollar amount pay model to pay Supervisor level to set up correctly. (Infon Marketing will provide 1099’s year end to LLCs under our paymaster agreement for normal processing fee of $10.00 per sub-contractor, to create, print and send via mail or email services)
****All Connected Devices (Tablets) will have 100% of the Activation Fee collected via Credit Card, in Aiobo, then must be submitted to Carrier, EVERY WEEK. Those funds are released once a month back to Aiobo on the 3rd day, following close of previous month. Then funds are pushed back to the Master Agent, around the 5th then to IBO 8th (Level 3). This is the model going forward. See Your IBO Flow Below.
*payments could be delayed to the following week if not submitted before the weekly cutoff time.
COMPANY , POLICY PROHIBITING SEXUAL HARASSMENT
Statement of Philosophy
COMPANY. (herein after referred to as COMPANY) is proud of its tradition of a collegial work environment in which all individuals are treated with respect and dignity, including clients, customers, employees, vendors, and independent contractors. Each individual has the right to work in a professional atmosphere which promotes equal employment opportunities and prohibits discriminatory practices, including sexual harassment. At COMPANY, sexual harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated.
Definition of Sexual Harassment
The U.S. Equal Employment Opportunity Commission Guidelines on Discrimination Because of Sex (29 C.F.R. §1604.11(a)) defines conduct which constitutes prohibited sexual harassment. Section 1604.11(a) provides that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Examples of sexual harassment include, but are not limited to:
Individuals Covered Under the Policy
This policy covers all individuals in the workplace. COMPANY will not tolerate, condone, or allow sexual harassment, whether by fellow employees, supervisors, managers, customers or other nonemployees who conduct business with this Company. COMPANY encourages the reporting of all incidents of sexual harassment, regardless of who the offender may be, or the nature of the offender's relationship to the Company.
Reporting the Complaint
While COMPANY encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the Company also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such informal, direct communication between individuals is either ineffective or impossible, the following steps should be taken in reporting a sexual harassment complaint:
Individuals who believe they have been sexually harassed should report the incident to all the following individuals:
1) Jesus Saucedo / President, C.E.O. of COMPANY / Call and mail to firstname.lastname@example.org
If the complaint is successfully resolved in an informal manner, to the complainant's satisfaction, Jesus Saucedo shall file a confidential report about the complaint and its resolution, so that the company will be aware of any pattern of harassment by a particular individual, and also will be aware of all complaints of sexual harassment on a company-wide basis. If the complaint is not successfully resolved in an informal manner, a written report shall be made to Jesus Saucedo.
An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of sexual harassment. Verbal reports of sexual harassment must be reduced to writing by either the complainant or Jesus Saucedo and be signed by the complainant. Individuals who believe they have been or currently are being harassed should maintain a record of objectionable conduct in order to prepare effectively to make their written report and to substantiate their allegations. While COMPANY encourages individuals to keep written notes in order to accurately record offensive conduct or behavior, COMPANY hereby notifies all employees that in the event a lawsuit develops from the reported incident, the complainant's written notes may not be considered privileged or confidential information.
COMPANY encourages a prompt reporting of complaints so that a rapid response and appropriate action may be taken. A prompt report not only aids the complainant, but also helps to maintain an environment free from discrimination for all employees.
Investigating the Complaint
Any allegation of sexual harassment brought to the attention of the following individuals:
Jesus Saucedo / President, C.E.O. of COMPANY / Call and mail to: email@example.com
will be promptly investigate date. Confidentiality will be maintained throughout the investigatory process, to the extent practical and appropriate under the circumstances.
The investigator will try to take the wishes of the complainant under consideration, but will thoroughly investigate the matter, keeping the complainant informed as to the status of the investigation.
Resolving the Complaint
In order to minimize the damage to COMPANY’s, the complainant, and the alleged harasser, Jesus Saucedo will complete the investigation of a sexual harassment complaint and communicate his or her findings and intended response to the complainant and alleged harasser, as expeditiously as possible. If COMPANY finds that harassment occurred, the harasser will be subject to appropriate disciplinary action, as listed below (see §VII). The complainant will be informed of the disciplinary action taken. If COMPANY determines that no sexual harassment has occurred, this finding will be communicated to the complainant and to the alleged harasser. If COMPANY cannot determine whether or not sexual harassment occurred, this finding will be communicated to the complainant and to the alleged harasser, and the matter will be recorded as unresolved. In any event, both the complainant and the alleged harasser will be informed again of the procedures set forth in this sexual harassment prevention policy.
Individuals found to have engaged in misconduct constituting sexual harassment will be subject to appropriate discipline, up to and including discharge and/or termination of services to COMPANY. In addressing incidents of sexual harassment, COMPANY’s response will include, at a minimum, reprimanding the offender and preparing a written record. Additional action may include referral to counseling, withholding of a promotion, reassignment, and temporary suspension without pay, financial penalties, termination employment, or termination of services to COMPANY. This policy is designed to protect all employees and non-employees providing services to COMPANY from harassment in any way associated with the workplace or work environment, regardless of the identity or status of the harasser. Although COMPANY’s ability to discipline a non-employee harasser (e.g., a customer or supplier or independent contractor) may be limited by the degree of control, if any, that it has over the alleged harasser, any employee or non-employee who has been subjected to sexual harassment should file a complaint and be assured that action will be taken. Such action may include closing business with a customer, reporting a supplier to his or her employer, reporting a public official to an appropriate agency, or any other appropriate action to protect the employees and non-employees of COMPANY
Protection Against Retaliation
COMPANY will not in any way retaliate against an individual who makes a complaint of sexual harassment or against any participant in the investigation, nor will it permit any supervisor/manager or employee or non-employee providing a service to COMPANY to do so. Retaliation is a serious violation of this sexual harassment policy and should be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to the same disciplinary action described above (see §VII). An individual who makes an intentional or reckless false complaint also will be subject to the same disciplinary action as described above (see §VII).
The industry that COMPANY operates in and the nature of COMPANY’s business requires COMPANY to use the services of independent contractors and other non-employee service providers. Although COMPANY has little control over the actual work environment in which independent contractors and other non-employee service providers render services to the company, independent contractors and non-employee may meet and work together as a result of their relationship with COMPANY. As such, COMPANY may require its independent contractors and non-employee service providers to sign its Policy Prohibiting Sexual Harassment. The act of an independent contractor or non-employee service provider signing this Policy does not change the relationship of the independent contractor or non-employee service provider signing to the status of an employee. An independent contractor or non-employee service provider signing this Policy acknowledges and agree that his or her act of signing this Policy does not constitute and employer and employee relationship between COMPANY and independent contractor or non-employee service provider.
COMPANY has developed this policy to ensure that all its employees and non-employee providing as service to COMPANY work in an environment free from sexual harassment. The Company will make every effort to ensure that all its personnel are familiar with the policy and know that any complaint received will be thoroughly investigated and appropriately resolved.
REPRESENTATIVE CODE OF CONDUCT PLEDGE AND SALES STANDARDS
I, the undersigned, fully understand the responsibility I am about to undertake as an independent contractor selling the services of COMPANY to the general public. While I am ultimately responsible for the results of my sales efforts, COMPANY has certain basic requirements that guide my professional behavior. I understand them to be as follows:
In these Sales Standards the term “customer” includes both prospective and existing COMPANY PARTNERS’ customers. “Agent” means the person, who is employed by, or an independent agent of COMPANY and who is or will be licensed by COMPANY PARTNERS to sell COMPANY PARTNERS products and services. COMPANY is ultimately responsible for Agent’s compliance with these Sales Standards.1. Agents must, at all times, prominently display their COMPANY PARTNERS issued Agent identification badge. This badge will include the Agent’s name and photograph.
Conduct themselves with integrity and honesty.
Be polite and courteous with customers, other agents, COMPANY PARTNERS employees, and any other members of the public at large. On behalf of COMPANY
PARTNERS, Agents will always thank consumers COMPANY PARTNERS customer for their time and/or business.Immediately report any incident to their supervisor involving the police/law enforcement or any situationthat could have potential brand/reputational risk to COMPANY PARTNERS.Immediately cease using any outdated COMPANY PARTNERS contract forms or other sales materials upon notification by COMPANY PARTNERS, and will immediately return all outdated unusedforms or materials to COMPANY PARTNERS.Truthfully provide accurate and verifiable comparisons, as well as honest answers to all questions.Allot customer a sufficient amount of time to read though all documents provided.Clearly explain why they are requesting the customer’s bill and make sure the customer understands the reason for this request.Present all the facts needed to make an informed decision.Clearly explain that the price they are quoting only covers the Generation and, in some cases, Transmission. Customer will continue to pay the local utility for the distribution portion of their bill.Advise a customer of their cancellation rights by referring the customer to the applicable section of the contract.Only use sales material approved by COMPANY PARTNERS management.a. All approved sales material must be read and understood by Agent before use.b. Agents will follow any standard sales presentation scripts provided in writing by COMPANYPARTNERSGive the customer a copy of any documents that were signed, including, but not limited to, the sales contract.Submit completed paperwork to Service Provider’s office within 24 hours of a completed sale, or as soon thereafter as is reasonably possible.Successfully complete COMPANY PARTNERS’s agent training and certification process for general industry knowledge, legal and regulatory requirements including these Sales Standards, and any COMPANY PARTNERS products and services before marketing any such products or services. COMPANY PARTNERS requires all Agents to attend ongoing training sessions provided by either COMPANY PARTNERS or Service Provider.Be responsible for obtaining and maintaining knowledge of COMPANY PARTNERS’s products and services, and the general market conditions for those products and services as provided by COMPANY PARTNERS in writing, so that inquiries by customers or prospective customers can be responded to appropriately and completely. Be dressed professionally (business casual) while selling on behalf of COMPANY PARTNERS.4. Agent will NOT:Harass customers in any way.Exert undue pressure on a customer, especially while customer is reading through provided documents.Make any false or misleading statements, or give any false answers, which are likely to mislead a customer with regard to any term in COMPANY PARTNERS’s offer.Use a customer’s cancellation rights as a sales tactic by urging a customer to sign now because they can cancel later, or in any other way.Make any false or malicious statements regarding COMPANY PARTNERS and its Affiliates or employees, or other Agents, or regarding any of COMPANY PARTNERS’s competitors or other industryparticipants.Copy, release, disclose, or use (other than appropriate use in the course of selling on behalf of COMPANY PARTNERS and in accordance with these Sales Standards) confidential or proprietary information, or trade secrets, of COMPANY PARTNERS and its Affiliates or information provided to Agents by COMPANY PARTNERS in respect of customers.Discriminate in the selection of individual or groups of prospective customers to solicit on the basis of race, color, religion, national origin, sex, age, sexual orientation, gender identity and expression, disability, marital status and any other bases under federal, state or local laws.Be permitted to wear any of the following types of clothing while selling on behalf of COMPANY PARTNERS
AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS)
I (we) hereby authorize Infon Marketing hereinafter called COMPANY, to initiate credit and, if necessary, debit entries and adjustments for any credit entries in error to my (our): (select one) Account type: indicated below, at the depository Financial Institution named below, and to credit or debit the same from such account. I (we) acknowledge that the authority will remain in effect until I have (or either of us) cancelled it in writing and that the origination of ACH transactions to my (our) account must comply with the provisions of U.S. law.
This authorization is to remain in full force and effect until COMPANY has received written notification from me (or either of us) of its termination in such time, and in such manner as to afford COMPANY and
Financial Institution a reasonable opportunity to act on it.
Substitute for Form W-9 Request for Taxpayer Identification Number
Pursuant to Internal Revenue Service Regulations, you must furnish your Taxpayer Identification Number (TIN) to Infon Marketing If this number is not provided, you may be subject to a 31% withholding on each payment. To avoid this 31% withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, please use this form to provide the requested information.
PRIVACY ACT STATEMENT
Section 6109 of the Internal Revenue Code requires you to give your correct Taxpayer Identification Number (TIN) to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. The IRS will use the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation and to cities, states, and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply
Purpose of this form:
Infon Marketing is processing a payment. To conform to IRS regulations for Form 1099, we must have a Federal Tax Identification Number or Social Security Number in our files for ALL VENDORS and INDIVIDUALS receiving payments from Infon Marketing (Although the information may be similar to what is typically provided on an IRS W-9 Form, an IRS W-9 Form may not be submitted in lieu of this Infon Marketing Substitute W-9 Form).In order to comply, we ask that you provide the following information:
3ab. Other (see instructions)
If limited liability company is selected, Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
Note. Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Social security number
Employer identification number
Part II Certification
Under penalties of perjury, I certify that:
COVID 19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to commence services on behalf of Infon Marketing (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Agree & Sign
I agree that I have read and understand, the entirety of this document including the following sections and accept its terms and conditions.
INDEPENDENT CONTRACTOR AGREEMENT
COMPANY., POLICY PROHIBITING SEXUAL HARASSMENT
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If you have questions about the contents of this document, you can email the document owner.
Document Name: Infon Marketing-Lifeline & ACP IBO ICA
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