Independent Contractor Agreement
Please read this agreement carefully before agreeing to its terms. This agreement sets forth terms and conditions of a proposed contractor-to-business relationship with Local4all.com (hereafter "Company").- Request for Services
Company requests your services as an independent contractor (hereafter "Agent"). As an Agent, you may sell selected Company's services and products to business customers ("Customers") and earn sales commissions ("Commissions") on those transactions. Although you are engaged in promoting Company's products, you are not an employee of Company and Company is not your employer.
- Not Responsible for Withholding Taxes
Company will not withhold income tax, Social Security tax, or any other type of tax from Commissions you receive from Company, nor will Company pay or be obligated to pay any taxes on your behalf. You are responsible for any taxes due from any compensation you receive from Company. If your compensation from Company exceeds $599.00 (five hundred and ninety-nine dollars) in a calendar year, Company is obligated to and will provide you with a 1099 form.
- Responsibility for Online Support
Company will maintain one or more interactive website(s) through which Company, Agents, and Customers can participate in an ongoing relationship. Company will make every attempt to keep services available 100% of the time, although Company is not liable for outage due to factors beyond their direct control.
- Agent Compensation is Based on a Percentage of Sales
Commissions are payable only when an Agent's ID number is input as part of a transaction and/or authorized by Customers in automatically generated renewals.
- Products: Products eligible for compensation to Agents will be chosen exclusively by Company. Commissions can be earned by selling any of these products by annual subscription: "Hometown Links", "Basic Online Brochures", and "Enhanced Online Brochures with Ratings and Testimonials".
- Commissions in General and Specific Details
Commissions are generally 1/3 of total revenue in a transaction, and becomes payable to a non-profit organization (Recipient Organization) and/or an Agent provided that 1) Agent's unique ID has been input and associated with a transaction, or 2) a registered non-profit's ID number has been input and associated with said transaction, or 3) one nonprofit's code has been input and one Agent number has been input, in which case each party will receive a partial commission at the rate on record for the Local4All Agent at the time of the transaction.
- Choosing Less than Maximum is Agent's Option
Agents may choose any percentage of Commission desired in increments of 10%, so long as the chosen rate is less than or equal to their maximum allowable rate. In certain instances, collecting too much Commission could trigger tax consequences or insurance coverage exclusions that result in a net LOSS of income and/or benefits from entities other than Company. Agents should consult with competent professionals to determine if they are at risk and shall hold Local4All harmless in this regard.
- Not Responsible for Out-Of-Pocket Expenses
Self-employment often entails out-of-pocket expenses. Generally Company prepares and provides materials to minimize Agent expenditures. Therefore Agents are reimbursed for such expenses ONLY under extraordinary circumstances and when pre-approved by Company management. All reimbursements require an applicable receipt submitted to Company.
- Compensation Timeline
Fees for services performed will be distributed by computer-generated checks on the first business day after the 15th and end of each month. All transactions completed to our standards and submitted in time for processing by these dates will be processed on these dates. Adjustments in compensation may occur in the form of penalties as a result of late, incomplete or inaccurate information or if guidelines from Customers are not met. It is mutually agreed that Company may demand that you return any and all materials provided to you by Company and/or Customers, at any time, and you hereby agree to do so. Any compensation due and payable to Agent may be withheld until all said material is received.
- Agent Determines Time and Place
Company requirements pertain only to data and services required by our client, not to the specifics of how you manage your business, including time and place.
- Certain Copy Rights Granted For Benefit of Agent
You are encouraged to duplicate and disseminate Company's materials in furtherance of approved programs. However, documents marked CONFIDENTIAL and/or copyrighted and not meant for end users should never be copied or disclosed without prior written consent of Company.
- Exclusivity and Non-Competition Agreement
Except where specifically excluded by state law, Agent agrees to all of the following, never to:
(1) disclose the plans, names, and/or locations of Company prospective clients or partners to anyone other than in furtherance of the clients' general advertising;
(2) use any of Company's or its clients' information or materials for purposes other than promotions in accordance with approved programs. All forms and training materials are copyrighted and remain the exclusive property of Company and/or its training partners. For a term of one (1) year after written termination of this agreement,
Agent agrees not to enter the online advertising business in competition with Company. Collaborative partnerships between Agent and Company are encouraged to best meet the financial needs of our Agents and clients.
- Pennsylvania Law Prevails
This agreement is made and shall be enforced under the laws of the state of Pennsylvania.
- Purpose of Registration
The only purpose of this registration is to obtain information that will allow Company to track Agents' compensation and feedback as Agents participate in marketing Company's products. REGISTRATION FORM IS NOT AN APPLICATION FOR EMPLOYMENT. To be considered for the Agent opportunity, interested persons must fill out this registration form accurately and completely. In addition, registrant must later provide a Social Security Number by mail, phone, fax, or secure server transaction (online) so that we can track income and provide appropriate information to the Internal Revenue Service and other taxation entities as required by law. Failure to submit a Social Security Number will result in Commissions being held in abeyance for 30 days while (1) we try to contact you, followed by (2) disqualification of earmarked funds as earnings, followed by (3) earmarked funds being distributed equally among Recipient Organizations in that zip code or, if none, distribution among Recipient Organizations in the same county or same state in that order. Any falsification or omission of information on this form may also result in disqualification from the program.
- IN SUMMARY:
By completing and submitting the Agent Registration Form, I acknowledge that I have read and agree (1) to the general Terms and Conditions as outlined above, and (2) to each of the following five specific points:
- I understand that by submitting my information, I am expressing my interest in participating in Company's programs by providing services as an independent contractor, and not as an employee of Company.
- I will be solely responsible for reporting all income received from Company, and for paying all pertinent federal, state, and local taxes, and any other taxes and/or assessments levied by governmental authorities, as well as all other pertinent liabilities or payments required by law.
- I understand that during my participation in Company's program(s), I remain free to perform services for any other person or business, so long as I do not neglect promises I made to Company and Customers.
- I also understand that my participation in the program is not guaranteed, that Company may discontinue my services at any time and for any reason with advance notice, and that I have a similar right to quit.
- I certify that all information given to Company during registration is complete, accurate and true, and that any falsification of information and/or failure to supply requested information will result in disqualification from the program.
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