Troop Finder

Rubicon Direct Xfinity ICA


Release Authorization

In connection with my Independent Agent Agreement, I understand that an investigative consumer report may be requested that will include information as to my character, work habits, performance, and experience, along with reasons for termination of past employment. I understand that as directed by company policy and consistent with the job described, you may be requesting information from public and private sources about my: workers’ compensation injuries, driving record, court record, education, credentials, credit, and references.

Medical and workers’ compensation information will only be requested in compliance with the Federal Americans with Disabilities Act (ADA) and/or any other applicable state laws. According to the Fair Credit Reporting Act, I am entitled to know if a contract is not accepted because of information obtained by the contracting company from a consumer-reporting agency. If so, I will be notified and given the name and address of the agency or the source which provided the information.

I acknowledge that a facsimile (FAX) or photographic copy shall be as valid as the original. This release is valid for all federal, state and county agencies including all state Departments of Labor.

If you want a copy of the report(s) ordered, check the box when prompted below.

 

The report(s) will be sent to you at the address below.

I hereby authorize, without reservation, any law enforcement agency, institution, information service bureau, school, employer, reference or insurance company contacted by the reporting agency or its agent, to furnish the information described in Section 1. The following information is required by law enforcement agencies and other entities for positive identification purposes when checking public records. It is confidential and will not be used for any other purposes. I hereby release the contracting company and agents and all persons, agencies, and entities providing information or reports about me from any and all liability arising out of the requests for or release of any of the above mentioned information or reports.

I acknowledge that the foregoing authorization shall continue in force until revoked by me in writing.

 

This is the same information requested on the IRS W9 form.

To view directions click here Form W9

Pursuant to Internal Revenue Service Regulations, you must furnish your Taxpayer Identification Number (TIN) to Rubicon Direct  Inc. 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: Independent Contractor IRS W-9 FORM /  NEC-1099 

Rubicon Direct Inc 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 the COMPANY (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 Rubicon Direct Inc. Substitute W-9 Form).In order to comply, we ask that you provide the following information:

 

AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS)

I (we) hereby authorize 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) canceled 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 a manner as to afford COMPANY and Financial Institution a reasonable opportunity to act on it.

Independent Contractor Agreement

Today’s date: 

05/28/2024

 

 

 

 

 

This contract is made between Rubicon Direct Inc. (The COMPANY) and the individual or the COMPANY named above, to be referred to as Independent Contractor (Contractor), on 05/28/2024 .

Contract: Subject to the terms and conditions of this Agreement, the COMPANY hereby contracts with the Contractor as an Independent Contractor, to perform the services set forth herein, in consideration for compensation for services, and the Contractor hereby accepts such contract. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the COMPANY for any purpose. This agreement is not an employment agreement, and Contractor shall not have rights granted to an employee. Furthermore:

  1. Contractor is and will remain an independent Contractor in his or her relationship to the COMPANY. THE COMPANY shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. Contractor shall have no claim against the COMPANY hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, overtime pay, worker's compensation, health, or disability benefits, unemployment insurance benefits, or employee benefits of any kind, other than the standard agreed upon compensation.

Term of the Contract: This Agreement shall be effective upon execution by the parties and shall remain in effect until terminated by either party in accordance with subsection (Termination) below (the “Term”); provided however, that the term applicable to any Market Acceptance Agreement (“MAA”, each a MAA Term) shall be extended to the Term of this Agreement solely with respect to the applicable MAA for the MAA Term. The termination of any MAA shall not automatically terminate this Agreement and this Agreement shall remain in effect with respect to any MAA not otherwise terminated in accordance with the terms of such MAA. All sections shall survive the termination of this Agreement and shall also survive the termination of any MAA. Either party may terminate this contract at any time in writing, regardless of cause or lack thereof.

Services You Provide to the COMPANY: You are hereby engaged by the COMPANY as an Independent Contractor to provide the following services(“Services”):soliciting and acquiring accounts (“Accounts”) from Residential and Business customers (“Customers”) for the purpose of executing a valid sales agreement between the COMPANY and customer for the purpose of customer purchasing products, systems, and services and that also meet all of the regulatory, compliance and financial guidelines set forth by the COMPANY and/or its clients during training provided. Contractor will likely be involved in a substantial amount of door-to-door sales.

You are Independent: You are an independent businessperson and/or the COMPANY. You are not required to solicit Accounts for any minimum number of hours, and we do not have any set or minimum number of Accounts that must be solicited by you. You are not required to report to any premise(s) or office. The COMPANY has office space and charges an administration fee to provide client updates and training workshops and, in some cases, travel to territory as necessary.

Your Independent Contractor Status: In the performance of the Service for the COMPANY you shall operate as an Independent Contractor. You are a self-employed, independent businessperson and/or the COMPANY and you are engaged in an independent trade or occupation. You are not now, nor will you ever be an employee of the COMPANY and nothing in this agreement, nor the solicitation of Accounts for the COMPANY and its client(s), shall be construed to constitute you as an employee, principal, agent, joint venture, partner, or co-partner of, or any other similar relationship with the COMPANY, the existence of which relationship is hereby expressly denied by the COMPANY and you. Furthermore:

  1. Contractor’s use of the COMPANY email domain, logo, technical services, and/or support systems, does not indicate employment with the COMPANY. The contractor acknowledges that he or she does not have the authority to act for or on behalf of the COMPANY or to bind the COMPANY to any contract on any matter without the express approval of the COMPANY in writing.
  2. Account Executive, Field Trainer, Team Leader, Junior IBO, IBO/Senior IBO are expressions that the COMPANY uses to illustrate an example career path and in no way, constitutes you as an employee, principal, agent, joint venture, partner, or co-partner of, or any other similar relationship with the COMPANY. the COMPANY will not provide or participate in any type of employee/employment verification.

You are Not Eligible for Benefits: As you are not an employee of the COMPANY, you are not eligible for unemployment compensation benefits upon the expiry or termination of this agreement. You are not eligible for any COMPANY benefits or other perquisites from the COMPANY, including but not limited to, disability coverage, vacation pay, health or dental coverage, minimum wage, or workers’ compensation. the COMPANY is not responsible to deduct or pay income tax, unemployment insurance, government pension plan contributions, employer health tax or similar amount or benefits.

Your Compensation: The COMPANY will pay Contractor for valid “Enrolled Customers,” (as herein defined or detailed) in section "Enrollments “of this Agreement. Your specific compensation and or commission rate and details are outlined in separate Attachment “A” and or Market Acceptance Agreement (MAA) and or Market Service Agreement (MSA) that will be executed by the COMPANY and Independent Contractor and shall govern the terms of all payments made by the COMPANY to Independent Contractor. You understand and agree that in most cases there may not be a set commission or dollar amount established or guaranteed for any account acquired as there are many factors involved that determine the margins, and subsequently your commission, on each account acquired. These things include, but are not limited to, size of product sold, type of product sold, gross sales price and method of payment. Furthermore:

  1. Your compensation and or commission payment is tied directly and solely to the number of completed enrollments in services and orders for products, systems, and services as the COMPANY may from time to time assign to you as an independent contractor. Examples of the products and services can include but are not limited to Business and or Residential Energy and or Natural Gas enrollments, Solar installations, Lifeline Enrollments, Video Enrollments, Voice Enrollments, Data Enrollments, Wireless enrollments, accepted by the COMPANY. Any change in your compensation structure shall be operative from the date of implementation. Receipt of notice is NOT a prerequisite for a change in your compensation structure. You are responsible for and obligated to pay all applicable taxes and other governmental and licensing requirements arising from commissions paid to you by the COMPANY, including but not limited to, federal and/or state income or withholding taxes. You hereby agree to indemnify and hold the COMPANY harmless from any tax liability that you may incur because of any commission payments made to you under this agreement and in respect of all claims, charges, taxes, penalties, or demands which may be made on behalf of any governmental agency.
  2. The COMPANY shall transmit Commission funds due via electronic bank transfer (Automated Clearing House – ACH) to Contractor no later than close of business (“COB”) each Friday for Commissions payable for valid Enrolled Customers identified on the Weekly Sales Report for the applicable Payable Period.
  3. If any Commission is denied, Contractor shall have fifteen (15) days from the date of denial to provide written notice to the COMPANY that Contractor Requests Client reconsideration (a “Commission Reconsideration Request”). Such Commission Reconsideration Request shall clearly set forth the associated Commission amount and contain an explanation as to why the Contractor believes the Commission should be paid. The contractor understands and agrees that the COMPANY shall have no liability resulting from or related to any Commission Reconsideration Request(s) and that Client may accept or reject such at its sole discretion.

Your Clawbacks: You acknowledge and agree if allowances, adjustments, or refunds are due with respect to commission amounts paid to Independent Contractor, the COMPANY, at its sole option, may deduct from future amounts payable to Independent Contractor the commissions paid on the adjusted, allowed, or refunded amount (hereinafter “Set-off Right''). This provision specifically includes, but is not limited to, the right of the COMPANY to recover any payment made to Independent Contractor under this Agreement if the customer for whom Independent Contractor received payment under this Agreement fails to qualify for the Client Program, is not approved or accepted to the Client Program, fails to activate the associated device provided through the Client Campaign program by placing at least one phone call (i.e., Customer fails to activate the device), fails to achieve valid Enrolled Customer status, terminates, rescinds, cancels or otherwise ends Service with the COMPANY or any of the COMPANY’s Clients or Subcontractors, for whatever reason, for a period of time of 360 (three hundred and sixty) days from the date that the payment for such customer was made to Independent Contractor. (“Claw Back Right”). The Claw Back Right shall apply to any fraudulent, or misled enrollments conducted by Independent Contractor or the Network that Independent Contractor is associated with for an indefinite period. Furthermore:

  1. The Claw Back Right shall apply to any alleged fraudulent Contractor enrollments regardless of time elapsed since Customer’s enrollment

Your Override Compensation: THE COMPANY may offer extra or additional compensation to Contractor to coach and generate sales from other representatives. Furthermore:

  1. Coach will be defined as: To train, instruct, guide, and motivate
  2. The Contractor will not have permission to modify the independent contractor agreements of the other representatives you may coach.
  3. The Contractor will not have any disciplinary authority and cannot act as the COMPANY manager or employee to other representatives that you are coaching.
  4. The Contractor is not required to coach any number of representatives and participation is completely voluntary.
  5. No other Contractor is required to receive coaching from Contractor and their interaction with Contractor is completely voluntary.
  6. Override commission will only be paid when a certain sales volume is achieved in a pay cycle or specific period assigned by the COMPANY in writing.
  7. Override commissions are not permanent or guaranteed and offered at the sole discretion of the COMPANY.

Enrollment: A valid “Enrolled Customer” means a customer who is eligible, resides in the Territory (if applicable), is approved, and accepted for the COMPANY and or the COMPANY'S clients, and customer was enrolled by Contractor using Contractor’s unique promotional code assigned by the COMPANY. It is understood and agreed that not all persons who attempt to enroll in the COMPANY'S and or clients’ products, systems, and service will meet the eligibility requirements and be accepted into the program. Furthermore:

  1. Contractor must follow proper enrollment application processes, procedures, and policies governing the Client Campaign program for all Enrolled Customers, as may be amended in writing from time to time.
  2. Except as expressly permitted by the COMPANY and or its clients in writing, all Customers are required to be enrolled using a Tablet (as herein defined and detailed). Any Customer enrollments not accomplished via Tablet (e.g., by cellular phone, telephone, and/or when agent not physically before such Customer), shall be deemed invalid, shall warrant no Compensation, and the associated Contractor agent shall be at risk of deactivation (removed from the Campaign).
  3. Customer enrollment related documentation shall be submitted to the COMPANY via Tablet contemporaneous with collection from the Customer. THE COMPANY reserves the right to withhold Commissions for any applications with missing and/or incomplete documentation.
  4. Contractor is responsible for the proper handling of Customer personal information, including, without limitation, name, address, date of birth, Social Security number (SSN) and information regarding Customer Campaign program eligibility, either based on income or enrollment in qualifying programs, while assisting said Customers to sign-up for the Campaign program. Any/all documentation/photos uploaded to Tablets for the purposes of processing Customer’s applications must be deleted daily.
  5. Contractor agents will only be authorized to enroll customers in specific states and may not enroll customers outside of their authorized states except as expressly permitted by the COMPANY and or its clients in writing.
  6. Customers must be physically present during all enrollment activities. Telephone sales and remote enrollments are not permitted except as expressly permitted by the COMPANY and or its clients in writing. Collecting Customer data for processing at a later time/date is not permitted and will not be accepted under any circumstances and may result in such enrollments being classified as fraudulent resulting in permanent associated Contractor agent and/or Contractor deactivation (removed from the Campaign).
  7. Contractor agents are prohibited from sharing unique promotional codes with other people.

Retail Locations: To warrant a Commission, sales conducted on the premises of certain pre-authorized retail locations must first be confirmed by Client, at its sole discretion, utilizing geolocation data showing the enrollment occurred within 30 yards of the approved retail location address. Otherwise, additional retail associated Commissions shall not be warranted. Contractor agents shall comply with all conditions imposed by the retailer concerning the solicitation of customers. Furthermore, while at any given retail location, Contractor agents:

  1. Shall not approach retail customers in any manner to discuss Campaign enrollment. Rather, Contractor agents shall provide Campaign materials and information to retail customers who approach Contractor agents.
  2. Shall not represent or identify themselves as retail customers and/or retail representatives or employees.
  3. Shall not exercise any supervisory authority over retail employees.
  4. Shall position approved Campaign displays, at an approved retail space/site within pre-approved participating retail location(s), at approved time/date, all as predetermined by Client, the COMPANY and/or retail location(s).

Sales Performance: Performance standards may be issued to Contractor by the COMPANY at the sole discretion of the COMPANY management. Contractor performance evaluations shall be conducted by the COMPANY at the sole discretion of the COMPANY management.

Reports, Monthly Accounting’s: The COMPANY shall provide a Weekly Sales Report to Contractor confirming valid Enrolled Customers from the Payable Period, including associated order dates and any Commissions payable. All orders are subject to approval of items, price, and credit by the COMPANY, and confirmation by purchasers. All quotations for sales made by the Contractor to customers or prospective customers must be made expressly subject to the approval and confirmation by the COMPANY and are not final until the COMPANY gives such approval in writing When the COMPANY accepts payment for orders; the COMPANY will credit the account of the Contractor with the commissions related to those orders. the COMPANY shall pay the compensation to Contractor weekly unless stated otherwise. If at a later time any of the orders or any parts of the orders shall be rejected or canceled, then the amount of the commission or compensation thus canceled shall be charged against the account of said Contractor.

Marketing Sales and Workshops: As a service to you, the COMPANY offers non-paid workshops on effective marketing and sales techniques to assist you in making your independent business a success. To the extent that any law or regulation requires that we train you, your attendance at such non-paid workshops is OPTIONAL. You will not, without prior written consent, use in advertising, publicity or otherwise the name of the COMPANY or represent that any product or service funded by you has been approved or endorsed by the COMPANY.

Work Product: All creations, inventions, designs, developments, research, and product of research, of the Contractor related to the services provided by the Contractor for the COMPANY'S client under this agreement shall be the exclusive property of the COMPANY and/or the COMPANY'S client. The contractor assigns all rights, title, and interest in the same to the COMPANY'S client. All creations, inventions, designs, developments, research, and product of research, of Contractor, created by Contractor prior to the term of this agreement and used by Contractor in providing services to the COMPANY and/or the COMPANY's client, under this agreement, shall be the exclusive property of the the COMPANY and/or the COMPANY'S client, for use in its operations and for infinite duration.

Refunds, Damages or Settlement: the COMPANY may in its full discretion for any reason refund all or any portion of the purchase price or rentals to any customer. The COMPANY may pay to any customer any amount in damages by the way of settlement of any claim arising out of the furnishing of any equipment, systems, and or services. In such an event, the credit previously made to the Contractor’s account, in the amount refunded or paid, may be deducted at the option of the COMPANY from Contractor’s account.

Unauthorized Orders: Contractor agrees to conform to the rules of the COMPANY in taking orders and transacting business generally. If the Contractor takes an order at a price disadvantageous to the COMPANY, the COMPANY may accept the order and charge the Contractor with the difference between the price authorized and the price obtained. If Contractor exceeds his or her authority on any order and it is deemed necessary by the COMPANY to comply with the order, Contractor will indemnify the COMPANY with such amount as necessary to compensate the COMPANY for any loss or damages it may sustain.

Canvassing/Soliciting Practices: Contractor represents and warrants that it does, and covenants that it shall, conduct its business in accordance with all applicable State and Federal laws, rules, and regulations. Subcontractor’s violation of any State or Federal law, rule, or regulation shall constitute grounds for termination of this Agreement, which termination shall take effect immediately upon delivery of written notice of termination by Rubicon Direct Inc to Subcontractor, without liability.

Ghosting: (Promo Code Sharing): Except as expressly permitted by the COMPANY and or its clients in writing, allowing anyone except yourself to work/submit orders under your agent ID is strictly forbidden and will result in the immediate termination of this agreement.

Fraud: Contractors will be financially liable for all penalties, fines costs, attorneys’ fees and other out of pocket damages incurred by the COMPANY and its clients because of any fraudulent act or intentional misconduct of Contractor’s personnel, which includes employees, agents, and subcontractors, in connection with this Agreement.

Penalties: In addition to any/all other associated liability, in the event the COMPANY and/or Client discovers any Campaign program, Customer and/or enrollment related fraud, as determined by the COMPANY in its sole discretion, Contractor shall be assessed up to a One Thousand U.S. Dollar ($1,000) penalty fine, for each fraudulent act. The contractor may also be charged for any of the COMPANY administrative costs associated with such fraudulent activity. the COMPANY may either charge such amounts immediately due and owing and/or offset such amounts from any Contractor Commissions due. Furthermore:

  1. Fraud includes, without limitation (if Campaign applicable): Contractor’s misuse of USAC (Universal Service Administrative The COMPANY) household worksheets, forged/false Customer information, forged/false eligibility proof, duplicate enrollments, and/or any other applications submitted in violation of applicable FCC rules, federal, state and/or local laws, rules, and regulations.
  2. Contractor shall be responsible and agrees/commits to pursuing appropriate legal action, at Contractor’s sole expense, against any/all Contractor agents, proven to have engaged in any fraudulent activity in connection with the Services provided by Contractor (e.g., proven through the COMPANY, Client and/or system-generated reports and/or via other evidence reasonably calculated to support such legal action).
  3. Contractor shall disseminate Contractor contact information to agents for fraudulent, legal and/or suspicious activity reporting purposes and is prohibited from engaging in any retaliatory actions against such agents for their reporting of such violations/activity.

Hiring and Training: Upon written permission from the COMPANY, Contractor can manage, direct, and hire its own employees and or independent contractors (hereinafter “Reps or reps”) and assigned to the COMPANY campaigns. No Reps shall be assigned to the COMPANY 's campaign, nor have access to any the COMPANY Confidential Information unless (i) such Reps have completed a training session utilizing the COMPANY approved training materials, and (ii) has entered into a binding written agreement with Contractor containing provisions at least as protective of the COMPANY'S Confidential Information as the provisions hereof. Contractor shall be fully responsible for the full compliance by all Reps with all the terms and conditions of this Agreement. Furthermore:

  1. The COMPANY Inc shall provide Contractor with the script(s) to be used for training and live presentations, Contractor's Reps shall only use the script(s) provided by Contractor.
  2. Contractor’s Reps shall have no authority to make representations or guarantees to potential customers other than those explicitly set forth in the scripts and training materials supplied by the COMPANY to Contractor.
  3. Contractor’s Reps shall not state or imply to customers that they represent an energy utility for the COMPANY or that enrollment with a private energy company such as a Supplier Campaign is mandatory.
  4. Contractor’s Reps shall not engage in any deceptive trade practice or deceptive business practice, violate any law, or otherwise mislead any customers or potential customer. Such activity constitutes a violation of this Agreement and Contractor shall indemnify Rubicon Direct Inc pursuant to Section "Indemnification" if such conduct occurs. the COMPANY is expressly not responsible for any conduct of a contractor’s Reps in violation of this Section.
  5. Contractor’s Reps shall only use the pricing structure/rates specified by the COMPANY and shall not impose any additional indirect or direct charges upon any potential customers.
  6. Contractor’s Reps shall obtain reasonable evidence that the potential customer is duly authorized to choose an energy supplier for the respective energy account(s) and is willfully and knowingly agreeing to select Supplier Campaign as the energy supplier.
  7. Contractor shall immediately remove from the COMPANY’S campaigns any Reps (i) whom the COMPANY or Contractor determines to be failing to comply with the foregoing terms or (ii) whom the COMPANY request to be removed, in the COMPANY's sole discretion.

Recruiting and On-boarding: Contractor and relevant Contractor agents must satisfactorily complete the COMPANY /Client provided safety, compliance and Campaign program related rules and regulations training modules prior to being approved and enabled to seek/complete Customer Campaign enrollment applications. Contractor must be vetted and receive approval from the COMPANY and Client prior to any Campaign-related performance and prior to onboarding any Contractor agents. Without limitation, requirements for approval include:

  1. Completed and approved criminal background check and drug tests on all Contractor agents via the COMPANY pre-approved background check and drug test vendors. Contractor agent criminal background screenings shall include at least a state and national criminal federal background check, a sex offender registry check, a terrorist watch list check, and a social security number (“SSN”) trace/verification. Drug screenings shall be completed via a five (5) panel lab drug test. Contractor shall immediately notify the COMPANY in writing if/when Contractor discerns that any Contractor agent has been charged with any criminal act(s) and/or is the subject of any outstanding arrest warrant.   The COMPANY shall charge the Contractor per Contractor agent background check. Costs for background checks shall be deducted from the Contractor’s Compensation. See Costs Attachment C for details..
  2. Verification that Contractor is registered and in good standing with the Contractor state of organization; and Appropriate vetting of Contractor credit and work/professional history.
  3. At its sole discretion, the COMPANY may request/require that an updated criminal background check and/or drug test be completed on any Contractor agent.

Your Expenses and Costs: As an Independent Contractor, you are solely responsible for (and the COMPANY will not reimburse you for) any expenses that you incur in soliciting Accounts for the COMPANY ’s Client(s), including but not limited to, food, lodging, transportation, fuel, telephone calls and all other expenses that you incur in the performance of the Services. You are also responsible for obtaining and paying for all insurance coverage necessary to perform the Services including, but not limited to, automobile insurance in respect of any vehicle used by you or your assistants and other personal benefits, and including, but not limited to, health, dental, life, disability insurance coverage, welfare and similar or other benefits. You agree to always maintain in full force and effect during the terms of this agreement, at your sole cost and expense.

Equipment (If Campaign Available and Applicable): As an Independent Contractor you are solely responsible for supplying all tools and/or equipment, and/or materials necessary for the successful completion of the Services. As an Independent Contractor you are fully responsible for all equipment that is placed in his or her custody. As an Independent Contractor you will indemnify the COMPANY for the cost of replacement of any equipment that is damaged or lost. Such expenses shall be deducted from Independent Contractor's commissions if necessary. All equipment must be returned within 48 hours upon demand from the COMPANY. Furthermore

  1. On a weekly basis, or as otherwise deemed appropriate by the COMPANY, sales submitted via unique promotional codes shall be monitored and analyzed by the COMPANY. Among other accounting processes, the COMPANY shall compare such sales with the number of Contractor’s active Tablets including, if applicable, Contractor’s BYOD Tablets. The total number of purchased/BYOD Tablets utilized must be greater than or equal to the number of Contractor unique representatives who consummated a sale or Contractor will be required to purchase/acquire and register/enroll additional Tablets.

Equipment Deposits (If Campaign Available and Applicable): Upon written request by the COMPANY (each a “Deposit Request”), the COMPANY shall require, and Contractor shall submit, an equipment deposit (the “Deposit”) in the amount required by the COMPANY, prior to the COMPANY shipment to Contractor of Contractor’s equipment order (e.g., cellular phone Handsets) as placed pursuant to the Attachment “A” and or Market Acceptance Agreement (MAA) and or Market Service Agreement (MSA) and/or otherwise.

Within sixty (60) days of Contractor’s receipt of the shipped equipment, pursuant to the relevant order, the Deposit shall be applied against any unsold, unreturned, broken or lost equipment at the rate specified in the Deposit Request, and may, at the discretion of the COMPANY, be either: (i) taken by the COMPANY; or (ii) applied against further required Deposits to the extent Contractor places future orders pursuant to the Attachment “A” and or Market Acceptance Agreement (MAA) and or Market Service Agreement (MSA) and/or otherwise.

A Deposit may be requested for each order placed by Contractor. Any Deposit related funds remaining, which do not belong to the COMPANY and/or which are not applied against future Deposits, shall be returned to Contractor within sixty (60) days of termination of the Attachment “A” and or Market Acceptance Agreement (MAA) and or Market Service Agreement (MSA), unless otherwise agreed to in writing by the Parties. Except as specifically provided herein, no portion of the Deposit will be returned to Contractor.

Equipment Credits (If Campaign Available and Applicable): Upon written request by Contractor, the COMPANY, at its sole discretion, may extend to Contractor an equipment financing credit (the “Credit”) whereby the COMPANY waives any Deposit requirements hereunder prior to the COMPANY shipment to Contractor of Contractor’s equipment order (e.g., cellular phone Handsets) as placed pursuant to this MAA, the MSA and/or otherwise. To induce the COMPANY to extend such Credit to the Contractor, see also, Section 17 of the MSA.

The contractor must sell or return any/all equipment on or before sixty (60) days of the Contractor’s receipt of such equipment shipped via Credit. Thereafter, Contractor shall be charged for any/all unreturned equipment, regardless of status (e.g., lost, stolen, broken, unsold, etc.) at the applicable rates as specified by the COMPANY in the Deposit Credit or otherwise.

Tablet Devices (If Campaign Available and Applicable): Contractor is required to purchase and supply its relevant agents with appropriate Tablet devices capable of proper enrollment processing and with Android mobile operating systems installed thereon. (“Tablets”).

  1. Tablets must be purchased/ordered by the Contractor directly from the COMPANY except as expressly permitted by the COMPANY and or its clients in writing.
  2. Tablet purchase price is set by the COMPANY and may be modified at any time, at the sole discretion of the COMPANY, to coincide with manufacturer suggested retail price changes, to correlate with market fluctuations, and/or to otherwise compensate for the COMPANY associated overhead.
  3. Funds for Tablet purchase shall be tendered by Contractor at time of order placement via electronic bank transfer (Automated Clearing House – ACH), approved credit card, cash, or deducted from Contractor’s Commissions.
  4. Upon written request by the Contractor, the COMPANY, at its sole discretion, may finance the Contractor ’s purchase of Tablets. See Costs Attachment C for details.
  5. Tablets are to be used for Campaign business purposes only.
  6. Contractor purchased Tablets shall be delivered with pre-installed Client Campaign management application(s).
  7. Contractor purchased Tablets shall be delivered with pre-installed pre-approved mobile device management software rendering unnecessary Tablet device applications and functionality locked and information secure and inaccessible for the duration of the Client Campaign.
  8. Contractor shall not be allowed to access the Tablet camera(s) or photo application(s). Tablet cameras shall only operate when enrolled within and/or logged-into Client’s applicable Campaign management application.
  9. Contractor may request the installation/utilization of additional Tablet operating system applications. Such requests may be approved or denied at the COMPANY 's sole discretion.
  10. Contractor shall be responsible for monitoring Contractor agent Tablet usage and tracking Tablet inventory. the COMPANY shall supply the Contractor with access to online Tablet tracking software at no additional cost to the Contractor.
  11. Tablet management training shall be made available to Contractor at no additional cost to Contractor. Email onboarding@rubicon.direct for training related details.
  12. The Contractor purchased Tablet data plans shall be included in the Tablet purchase price and provided to Contractor at no additional cost.
  13. The COMPANY reserves the right to monitor Contractor Tablet data usage and activity
  14. Excessive Tablet data usage and/or data usage for purposes other than for Campaign related business may result in additional correlated charges to Contractor.
  15. The Contractor will be charged a per week fee for unused active Tablets. Tablet usage shall be determined by the COMPANY via an accounting of unique promotional codes used to process orders in each week compared to the total number of active Tablets assigned to the Contractor. See Costs Attachment C for details.
  16. Contractor purchased Tablets will be replaced/refurbished by the COMPANY in the event of a latent manufacturer's defect at no additional cost to Contractor

Bring Your Own Device Option (“BYOD” – If Campaign Available and Applicable): Contractor is permitted to use Contractor’s own Tablets with Android mobile operating systems installed thereon. BYOD Tablet management training shall be made available to Contractor via Client website at no additional cost to Contractor. E- mail support@rubicon.direct for training related details.

  1. Prior to Campaign related performance, Contractor must properly register/enroll Contractor’s BYOD Tablets with the COMPANY
  2. Prior to any Campaign-related performance, Contractor must install on Contractor’s BYOD Tablets all applicable Client Campaign management application(s).
  3. Prior to any Campaign related performance, Contractor must install on Contractor’s BYOD Tablets the COMPANY pre-approved mobile device management software to render unnecessary Tablet device applications and functionality locked and information secure and inaccessible for the duration of the Client Campaign.
  4. Contractor’s BYOD Tablets are to be used for Campaign business purposes only.
  5. To ensure BYOD Tablet usage is Campaign appropriate and occurs during Campaign business hours, Contractor shall be responsible for monitoring Contractor’s agent BYOD Tablet usage. The COMPANY shall supply the Contractor with access to online BYOD Tablet tracking software at no additional cost to the Contractor.

Dress Code: Professional appearance is required for Contractor and or all Contractor agents. Contractor and Contractor agents shall at least comply with the following guidelines when present in the Campaign program enrollment field:

  1. Jewelry must be kept to a minimum and be conservative in taste.
  2. No visible tattoos or facial piercings (other than ears); and must maintain a neat, clean, and well-groomed appearance per Contractor, the COMPANY and/or Client standards

Uniforms (If Campaign Available and Applicable): To ensure Contractor agent professional appearance, Contractor is required to provide relevant Contractor agents with Client branded apparel, promotional sales materials and/or related propaganda, to be ordered directly through the COMPANY. The contractor is not permitted to create Contractor’s own Client branded apparel, promotional sales materials and/or related propaganda without prior written approval from an authorized COMPANY representative.

Supplies (If Campaign Available and Applicable): Contractor may only utilize Campaign related promotional items/materials pre-approved for use by the COMPANY (“Supplies”). Contractor may only utilize the following Supplies:

Approved Items*,Client Branded Pop-Up A-Frame Banner w/Bag/Stakes, Client Branded Table Cloth, Client Brochures, Client Branded 8/ Feather Flag w/Bag, Client Enrollment Cards, Client Branded Kiosk, Client Spanish Enrollment Cards, Client Branded 5×5 Tent Canopy (frame not included),Client Branded Rectangular Banner (24×42),Client Branded 5×5 Tent w/Bag, Client Branded Free Phone Banner – White (9×42),Tablets, Client Branded Black Beanie, Client Branded Long Sleeve Free Phone Program Shirt, Client Branded Black Hat, Client Branded Short Sleeve Free Phone Program Shirt

*Only State of California branded Supplies may be distributed and used within the State of California. Use of any other items/materials in the State of California is strictly prohibited

*Contractor shall order and obtain any/all Supplies via support@rubicon.direct

Insurance: Independent Contractor, shall at its sole expense carry a comprehensive General Liability insurance policy with coverage that shall not be less than $1,000,000.00 per occurrence and shall name the COMPANY and its affiliates as an entity covered under this policy.

Termination: Termination is effective immediately upon notice by either party to the other in writing. For purposes of distribution of accrued compensation at the time of termination, termination under the prior sentence would be deemed voluntary termination by you. In the event this agreement is terminated by the COMPANY without cause or is terminated by you voluntarily at a time when you are in good standing hereunder, the COMPANY will pay to you any amount owing to you with respect to compensation accrued to the date of termination but will owe you no other compensation, including, without limitation, any amount commonly called the “annual loyalty” payment (if applicable), any bonuses (if applicable), allowances (if applicable), overrides (if applicable), bonus(es) (if applicable), and/or incentives (if applicable). Upon termination for any other reason, including, without limitation, by the COMPANY for cause, no compensation of any kind whatsoever shall be owing from the COMPANY to you including but not limited to any amount commonly call the “annual loyalty” payment (if applicable, any bonuses (if applicable), and/or incentives (if applicable), overrides (if applicable), bonus (es) (if applicable), and/or incentives (if applicable).

Retention Clause: A retention account (“Account”) will be established for all the COMPANY Independent Contractors. The Account will contain up to a maximum amount equal to ten percent (10%) of the commissions earned by the contractor, plus the monetary amount needed to cover the Contractor’s initial expenses. This will be satisfied either through a payroll deduction at a rate of ten percent (10%) earned each pay period, or a final check less an amount equal to ten percent (10%) of the commissions earned by the contractor and the contractor’s initial expenses at $100.00 per week. In the event of customer cancellations and or money owed to the COMPANY, the COMPANY will hold the Account. Charge backs are to be debited from the Contractor’s retention account if need be. If chargebacks occur within 360 days after Contractor’s separation from the COMPANY, the Account may be debited. The Account is not a source to borrow money and bears no financial accumulation of interest. The Account will be paid in full, less any applicable deductions, 360 days after the Contractor’s last installation date. The money may be refunded sooner, at the COMPANY'S discretion. If the Contractor’s Account does not cover all chargebacks and or money owed, the Contractor will be billed for the remaining balance, and the COMPANY may take all necessary legal action, at Contractor’s expense, to collect said monies.

Exit Procedures/Policies: Upon contract termination by either party the following will occur: Any unpaid Contractor fees shall immediately be charged to Contractor’s commissions. If there are no commissions, Contractor’s fees shall be charged to any positive retention balance. If the Contractor has been with the COMPANY less than thirty (30) days, the Contractor may forfeit all balances in their retention account at The COMPANY’s discretion. If Contractor has been with the COMPANY less than fifteen (15) days, they may forfeit all commissions payable if they have produced less than ten (10) enrolled sales total. All payable commissions will be held pending cancellations and or charge backs. This hold will take place until all potential charges and or chargebacks have been satisfied (see Your Compensation). In no event will The COMPANY pay monies, which could not be recaptured in the event of customer cancellations or charge backs. All equipment and marketing collateral outstanding must be returned in perfect condition within 72 hours, or legal action may be taken, which includes, but not limited to, filing a police report reporting stolen goods and or small claims lawsuits.

Any collateral Contractor has loaned or given to potential customers or placed with outsiders must be reclaimed and returned in perfect condition. The contractor is bound by confidentiality to not disclose or discuss any aspects of their time and or business with Rubicon Direct Inc. for a period of no less than 2 years. Failure to respect the confidentially agreement will subject Contractor to potential legal action. Contractor is bound by non-compete covenants not to solicit any Contractor's, employees, or customers of the COMPANY for a period of no less than 2 years. Failure to respect the non-compete agreement will subject Contractor to potential legal action.

Indemnification: Contractor agrees to indemnify, defend, and hold harmless the COMPANY and its affiliates, subsidiaries, directors, officers, employees, agents, subcontractors, successors, and assigns, harmless from and against any and all damages, liabilities, costs, charges or expenses suffered or incurred by the COMPANY or YOU as a result or by reason of you breaching any of the provisions of this agreement, failing to comply with the law or any negligent or other tortuous act or omission on your part.

Confidentiality and Non-Disclosure: You acknowledge that in the performance of the Services, you will obtain information that is confidential to the COMPANY. Without limitation, such information includes marketing and sales strategies and intellectual property belonging to the COMPANY. You acknowledge that the use or disclosure of such confidential information may cause harm to the COMPANY. Therefore, you shall not, during the term of this agreement or at any time after the expiration of the term of this agreement, use directly or indirectly for your own purposes or disclose confidential information to any third party. Such disclosure is strictly forbidden

Injunctive Relief: The Parties acknowledge and agree that any breach of this agreement by the Independent Contractor will result in irreparable and continuing damage to the COMPANY for which there will be no adequate remedy at law and for which the non breaching party could not be made whole by monetary damages.

Accordingly, it is agreed that in addition to any other remedy to which it may be entitled at law or in equity, the COMPANY shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to prevent breaches or threatened breaches of this agreement and/or to compel specific performance of the agreement. The Independent Contractor also agrees to reimburse the COMPANY for costs and expenses, including reasonable attorney’s fees incurred by the COMPANY in attempting to enforce the obligations of the Independent Contractor or its Representatives hereunder to the extent that such expenses are awarded to the COMPANY by a court of competent jurisdiction. Independent Contractor agrees to release the COMPANY from any liability or damages that may occur because of this agreement. Shall any damages occur, then Independent Contractor agrees to engage an arbitrator for any claims that they may bring against the COMPANY, which means Independent Contractor hereby waives its right to pursue any civil, or non-civil, litigations against the COMPANY.

Non-Compete & Non-Circumvent: Contractor understands and agrees that because of the business engaged in and work done under this agreement, that the COMPANY shall be providing to Contractor information that shall be considered proprietary and confidential to the COMPANY. Contractor agrees that in the “Territory”, as described in the Schedule “A” that during the term of this agreement and for a period of two (2) years after termination of this agreement, contractor shall not directly or indirectly, as principal, agent, consultant, officer, stockholder, salesperson, employee or otherwise, for himself, or for any other person, firm, corporation or association, or through any third party sell, solicit, or accept business or orders, from existing customers of the COMPANY with respect to product or services similar to or competitive with the COMPANY or its subsidiaries. Contractor will not Interfere with, disrupt, or attempt to disrupt relationships, contractual or otherwise, between the COMPANY and or a subsidiary, and its customers, employees, Independent Contractors, and or vendors.

Contractor further agrees that for a period of 2 years after termination of the contractual relationship, Contractor will not, on behalf of anyone engaged in a similar line of business, directly or indirectly, solicit business from any of the COMPANY's existing customers located in any territory served by the Independent Contractor pursuant to this agreement or on the COMPANY's behalf.

Contractor understands and agrees that through work performed under this agreement that the COMPANY will make known and identify the names of its affiliates and other business relationships which may include, but are not limited to financing companies, banks, energy suppliers, solar sales companies, lead providers and software providers that Contractor would otherwise have no knowledge of and Contractor agrees that during the term of this agreement and for a period of two (2) years after this agreement that it shall not circumvent, work or engage in any type of business with, directly or indirectly with any of the affiliates it comes in contact with through work performed under this agreement. This applies to individuals and companies that are both known at this time and unknown and any other organizations made known to Contractor by the COMPANY.

Non-Solicitation: You acknowledge that in the performance of the Services, and by the execution of this agreement by Independent Contractor, you will have contact with employees, clients, agents, contractors, subcontractors, retail energy suppliers, product suppliers and customers of the COMPANY. You understand and agree that these relationships are proprietary in nature, and you are strictly prohibited from engaging in any type of business activity with any of the above-mentioned parties. You also acknowledge that such contact may generate sales leads outside of the COMPANY customers or clients (hereinafter the “Sales Leads”). You agree not to intentionally or unintentionally use or disclosure of confidential information to any third party during the term of this agreement and for a two (2) years period following the expiration of the term of this agreement.

All sales material, educational material, training material, pricing tools, portals, platform, sales management tools, lead tracking tools, contracts and any other materials disclosed to you by the COMPANY are considered confidential and are the property of the COMPANY and shall not be used in connection with any other effort that is not directly related and approved in writing first by the COMPANY. Independent Contractor understands and agrees that the COMPANY is disclosing sensitive business practices in relation to marketing Residential Energy, Solar Energy Equipment and services to residential and commercial customers and as such, as a condition of entering into this agreement, Independent Contractor agrees that it shall not compete with the COMPANY by engaging in any type of Solar Energy sales during the term of this agreement and for a period of two (2) years after this agreement, unless agreed to in writing and in advance by the COMPANY.

In consideration for the benefits of this Agreement, Contractor further agrees not to intentionally or unintentionally hire or offer for hire, contract with or subcontract, or refer to another the COMPANY or individual in any capacity the current employees, clients, agents, contractors, subcontractors, banks, finance partners, finance companies, installers, electricians, customers and any other the COMPANY, vendor or relationship of the COMPANY during the term of this Agreement AND for a period of two (2) years from the date of the termination of this Agreement.

Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, Cook County, Illinois and the State of Illinois, Cook County, Illinois shall be the venue for any litigation, special proceeding, or other proceeding as between the parties that may be brought, or arise out of, in connection with or by reason of this Agreement.

Each of the parties hereby waives and agrees not to assert as a defense in any legal dispute; that it is not maintainable, in such court or that its property is exempt or immune from execution; that the action, suit, or proceeding is brought in an inconvenient forum, or that the venue of the action, suit, or proceeding is improper. Each party hereto agrees that the final judgment in any action suit, or proceeding described, after the expiration of any period permitted for appeal, and subject to any stay during appeal, shall be conclusive and may be enforced in a manner provided by applicable law.

Arbitration: If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute is brought by Independent Contractor against the COMPANY, then Independent Contractor agrees first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. Any dispute as to the rights and duties of the parties under this Agreement or to its construction, validity, or enforcement, or breach thereof, that cannot be resolved by mediation within thirty (30) days shall be submitted to binding arbitration in Illinois pursuant to the rules of the American Arbitration Association with discovery proceedings pursuant to such rules. The decision of the arbitrators shall be enforceable in any court of competent jurisdiction. There shall be one (1) arbitrator, named in accordance with such rules and approved by the COMPANY. The prevailing party in such arbitration or any proceeding in respect thereof or challenging such arbitration, shall be entitled to receive its or his attorney fees and court costs incurred in connection therewith.

Authority: the COMPANY and Contractor each represent and warrant that it has the corporate/individual capacity, power, and authority to enter into this agreement, and to carry out the terms and obligations set forth herein, and that the persons executing this agreement have the authority to act for and bind each respective Party.

Agency: Contractor is not the COMPANY'S agent or representative and has no authority to bind or commit the COMPANY to any agreements or other obligations.

Advertising: Contractor agrees to follow all rules and regulations set forth by the COMPANY, as well as local, state, and federal regulators. The contractor agrees to bring all advertising to the COMPANY prior to usage for approval, including advertising on the internet, as well as text messaging, instant messaging, and any other forms of communication that may be construed as advertising. Furthermore:

  1. Contractor may not conduct publicity or public relations campaigns concerning the Campaign without prior written consent from THE COMPANY.
  2. Contractor shall use only those Campaign marketing materials provided by THE COMPANY except as expressly permitted by THE COMPANY in writing.

Sexual Harassment: Sexual harassment includes but is not limited to, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexually harassing nature. The COMPANY strongly disapproves and does not tolerate offensive or inappropriate sexual behavior, while performing services for and on behalf of the COMPANY. All Contractors performing services for and on behalf of the COMPANY. must avoid any action or conduct, which could be viewed as sexual harassment.

Waiver of Breach: The waiver by the COMPANY of a breach of any provision of this contract by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.

Contract with Subsidiary: If the COMPANY owns, acquires, or forms subsidiary companies or becomes connected with other affiliate companies, Contractor agrees to the assignment of this contract to any of the same and in such event, all terms and conditions set forth herein shall bind the parties.

Other Commitments: Contractor acknowledges that he or she has no other agreements, relationships or commitments to any other person or entity which conflict with Contractor's obligations to The COMPANY under this Agreement. Contractor agrees not to enter into any agreement, either written or oral, in conflict with this Agreement.

Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which shall collectively be deemed to be one and the same instrument.

Miscellaneous: If any of the provisions of this agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Time shall be of the essence of this agreement. No waiver by the COMPANY of any Right the COMPANY shall have under this agreement shall act, unless expressly so stated, as a waiver of any other or future rights of the COMPANY hereunder. You shall not have the right to assign this agreement or any of your rights, benefits, duties and obligations hereunder without the prior written consent of the COMPANY, whose consent may be unreasonably withheld.

Notice: Any notice to be delivered pursuant to this Agreement, shall be in writing, and given by: (i) registered or certified mail, return receipt requested, (ii) overnight courier or (iii) facsimile or electronic mail (where immediately followed by a notice delivered pursuant to subsection (i) or (ii) above) as follows:

Rubicon Direct Inc.

1444 Farnsworth Ave Suite 100

Aurora, IL 60506

Subcontractor Business Address:

Subcontractor Business Home:

All notices shall be deemed to have been received by the addressee (i) upon receipt, in case of registered or certified mail, (ii) upon delivery in the case of overnight courier, and (iii) upon receipt in the case of notice by facsimile or electronic mail. The parties may, by notice in writing, vary the address for delivery of notices pursuant to this Agreement

Entire Agreement: This agreement sets forth the entire agreement between the parties hereto and supersedes all prior agreements or understandings (whether oral or written) between the parties pertaining to the subject matter hereof. This Agreement shall not be modified, changed or altered by any promise or statement by whosoever made; nor shall any modification of it be binding upon the COMPANY until such written modification shall have been approved in writing by an officer of the COMPANY.

Attachment A (Contractor Pay Structure): Comcast (Xfinity)

ALL SALES INSTALLED MONDAY-SUNDAY ARE PAID OUT THE FOLLOWING FRIDAY

COMPENSATION TIERS


GIG 125
ULTRAFAST 125
SUPERFAST 125
FAST 125
CONNECT MORE 125
CONNECT 125
INTERNET ESSENTIALS+ 125
ULTIMATE TV 30
POPULAR TV 30
CHOICE TV/SELECT 10
NOW TV 10
MOBILE (no comp on first line, Comp for lines 2-5 are listed) 60

Attachment B: General Campaign Territory

Approved Territories except as expressly permitted by the COMPANY in writing

*United States

* On some campaigns, the state of California requires an additional separate and unique promotional code assigned to the Contractor by the COMPANY. A California promo code request may be sent in writing to support@rubicon.direct Contractor understands they may have to undergo additional vetting as herein defined and detailed in section "Recruiting and On-boarding" of this agreement.

Attachment C: General Campaign Fees & Cost Background Checks: Background check and drug test related purchase prices/charges are set by the COMPANY and may be modified at any time, at the sole discretion of the COMPANY, to coincide with manufacturer suggested retail price changes, to correlate with market fluctuations, and/or to otherwise compensate for the COMPANY associated overhead

  1. One hundred and sixty U.S Dollars and Zero Cents ($160) per Contractor agent background check
  2. Cost for background checks shall be deducted from Contractor’s Compensation
  3. Fees and costs may be waived or reduced with active promotion in writing by the COMPANY

Drug Testing

  1. Forty U.S Dollars and Zero Cents ($40) per drug test
  2. Fees and costs may be waived or reduced with active promotion in writing by the COMPANY

Handset Device (Live Phones)

  1. One Hundred and Fifty US Dollars ($150) per live phone handset kit ordered and delivered to Contractor
  2. Fees and costs may be waived or reduced with active promotion in writing by the COMPANY

Tablet

  1. Financing Charges: Cost associated with financed Tablets shall be deducted from Contractor’s Commissions following the financed Tablet order at a rate of One hundred U.S. Dollars ($100) per financed Tablet, per week, until the purchase price of the financed Tablet has been paid-off.
  2. Contractor will be charged a Five U.S. Dollars ($5.00) per week, per unused active Tablet.
  3. Fees and costs may be waived or reduced with active promotion in writing by the COMPANY

Code Of Conduct

  • I understand and agree to do the following when soliciting customers for any campaign.
  • I will conduct myself with the utmost professionalism and respect for the customer and client program. I will always wear and display my Name Badge.
  • I will never act in any way to make a customer feel uncomfortable under any circumstances.
  • I will always adhere to the sole objective of offering, products, or services and will not use the opportunity of engagement with a customer for personal gain.
  • I will cooperate fully with Law Enforcement Officers and other officials.
  • I understand allowing anyone to use my promo code to work/submit orders is strictly forbidden and will result in the immediate termination of this agreement. I will not allow anyone to use my promo code under any circumstances. I will immediately, upon request, provide the name of my market leader including the address, telephone number and email address for inquiries, verification and complaints.
  • I will not sign on behalf of the customer or use their information for my personal use.
  • I will Immediately leave the premises of a customer when requested to do so by the owner, employee, or occupant of the premises.
  • I will use discretion when marketing to persons with insufficient English language skills, poor comprehension, an underage appearance, or the elderly.
  • I will not use deceptive or misleading statements to enroll a prospect. I will not make imply any product benefit that is not part of the program.
  • I will fully explain and confirm with the customer the offer, terms and all other important information required so the customer can make an informed decision.
  • I will not allow customers to enroll on behalf of someone else. My Initials and signature below confirms that:
  • I fully understand and will uphold the Sales Agent code of conduct.
  • I acknowledge and agree to comply with and support the sales and quality control standards listed above.

COVID 19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

In consideration for receiving permission to commence services on behalf of the COMPAN Y(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:

  1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent
  2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in
  3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) the COMPANY, it’s owners, officers, directors, agents, employees and assigns (the “RELEASES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the

I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or it is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named.

This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Texas. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver 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.

Attestation

I have read and understand the obligations under this agreement and agree to all the terms herein. I understand and agree that I will have an Independent Contractor relationship with the COMPANY and that I will not be an employee of the COMPANY. I also understand that this agreement contains restrictions on my use or disclosure of certain information both during and after this agreement.

 

I have read and understand the Terms and Conditions of the contracts between the COMPANY and its Clients.

 

I agree that I have read and understand the entirety of this document including the following sections and accept its terms and conditions:

 

  1. Independent Contractor Agreement
  2. Attachment A: General (Contractor Pay Structure): Contractor Pay Structure 
  3. Attachment B: General Campaign Territory
  4. Attachment C: General Campaign Fees & Cost
  5. Code of Conduct
  6. Release Authorization Background Check Form
  7. Substitute for Form W-9 Request for Taxpayer Identification Number Substitute for Form W-9
  8. Authorization Agreement for Direct Deposits (ACH Credits)
  9. COVID 19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

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Signature Certificate
Document name: Rubicon Direct Xfinity ICA
lock iconUnique Document ID: 0f1f1dc83abe58604d4e84cacaecf56f47700289
Timestamp Audit
04/12/2024 4:00 pm CDTRubicon Direct Xfinity ICA Uploaded by Preston Buckner - contract@brandtroops.com IP 172.59.185.121
04/12/2024 6:39 pm CDTTroop Finder - mail@troopfinder.com added by Preston Buckner - contract@brandtroops.com as a CC'd Recipient Ip: 172.59.185.97
04/12/2024 6:52 pm CDTTroop Finder - mail@troopfinder.com added by Preston Buckner - contract@brandtroops.com as a CC'd Recipient Ip: 172.59.185.121
04/12/2024 6:54 pm CDTTroop Finder - mail@troopfinder.com added by Preston Buckner - contract@brandtroops.com as a CC'd Recipient Ip: 172.59.185.121