BRAND PROMOTER/ VIRTUAL FRANCHISE/ INDEPENDENT BUSINESS OWNER AGREEMENT
I hereby apply to become a Brand Promoter of the TRANSCONNECT SERVICES (hereinafter "Firm") marketing program.As a Brand Promoter, I understand and agree that:
1. I am of legal age in the state in which I enter this agreement.
2. I shall become a Firm Brand Promoter upon acceptance of this application by the Firm. As a Brand Promoter, I shall have the right to sell the services and products offered by the Firm in accordance with the Firm's marketing program and statement of policy, which may be amended and changed from time to time.
3. Upon notification to Brand Promoters, the Firm, at its discretion, may amend the marketing plan, statement of policy, etc.
4. I have carefully reviewed the Firm's marketing plan, rules and regulations, and policies and procedures, and acknowledge that they are incorporated as part of this agreement in their present form and as modified from time to time by the Firm.
5. Because commissions are calculated daily and paid out weekly, refunds shall only be given if the Firm is notified within 3 days of issuance.
6. Upon acceptance of this application by the Firm, I will be an independent contractor responsible for my own business and not an employee of the Firm. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Labour Law, Employee Protection Act or the Shop & Establishment Act. It is my responsibility to pay self-employment, state and personal income taxes as required by law.
7. I will not use the Firm 's trade name and/or trademark except in the advertising provided to me by the Firm or in other advertising without prior written approval by the Firm.
8. Any Brand Promoter, who sponsors other Brand Promoters, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. Brand Promoter must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Firm‚Äôs training and sharing genealogy information with those sponsored. Brand Promoters should be able to provide evidence to the Firm semiannually of ongoing fulfillment of sponsor responsibilities.
9. The Firm 's program is built upon retail sales to the ultimate consumer. The Firm also recognizes that Brand Promoters may wish to purchase products in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to non-participants as well as sales to Brand Promoters for personal or family use, which are not made for purposes of qualification or advancement. It is Firm policy, however, to strictly prohibit the purchase of product or large investments of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program. Brand Promoters must fulfill published personal and downline retail sales requirements, as well as supervisory responsibilities, to qualify for bonuses, overrides or advancements.
10. The Brand Promoter acknowledges that Brand Promoter is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of Brand Promoter does not constitute either a sale of a franchise or a Brand Promotership, and absolutely no fees have been or will be required from the Brand Promoter for the right to distribute the Firm 's products pursuant to this agreement. This agreement is not intended and shall not be construed to create a relationship of employer-employee, agency, partnership, or joint venture between any Brand Promoter, sponsor and/or the Firm. As an independent contractor, the Brand Promoter shall: A. Abide by any and all state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Firm products. B. At the Brand Promoter's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of C Firm products. C. Be solely responsible for declaration and payment of all local, state taxes as may accrue because of the Brand Promoter's activities in connection with this agreement.
11. No purchase or investment is necessary to become a Firm Brand Promoter other than the purchase of a Brand Promoter sales kit, which is sold "at Firm cost."
12. Prior written approval from the Firm is required to advertise Firm products and / or services.
13. The Firm may immediately terminate a Brand Promoter who discredits the Company's name, violates any requirement contained in this Agreement or training manuals or misrepresents the Firm 's products or business opportunity by making claims contrary to the Firm 's product literature and labels.
14. This agreement constitutes the entire agreement between the Brand Promoter and Firm and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
15. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.
16. This agreement is not in force until accepted by the Firm.
STATEMENT OF POLICIES AND PROCEDURES
1. Transconnect services, hereinafter "Firm," is a direct selling Firm marketing Digital education services and products via Live Classes Sessions, recorded Video Sessions, Ebooks, Articles to the consumer through independent Brand Promoters. The policies and procedures herein are applicable to all independent Brand Promoters of the Firm.
2. An Independent Representative is one who has completed a Firm application and agreement and has been accepted by the Company as a Brand Promoter. The Firm reserves the right to accept or reject anyone as a Brand Promoter.
3. All Brand Promoters must be the age of majority in the state in which they distribute Firm services & products. One Brand Promoter can take only one account on his or her name. If one spouse is already a Brand Promoter, the nonparticipating spouse may elect to become a Brand Promoter, but must join the same Brand Promotership as his or her spouse. The Firm reserves the right to reject any applications for new Brand Promoterships. Should a husband/wife Brand Promoter divorce, they should notify the Firm as to how the Brand Promotership is to be managed thereafter. Otherwise, the Company will recognize the final judicial or adjudicatory disposition of the Brand Promotership. One Brand Promoter can assign one nominee for his or her business which can be transferred to first generation only.
4. Brand Promoters are independent marketing representatives of the Firm and are not to be considered purchasers of a franchise or a Brand Promotership. The agreement between the Firm and its Brand Promoters does not create an employer\employee relationship, agency, partnership, or joint venture between the Firm and the Brand Promoters. Each Brand Promoter shall hold harmless the Firm from any claims, damages or liabilities arising out of Brand Promoter's business practices. Firm Brand Promoters have no authority to bind the Firm to any obligation. Each Brand Promoter is encouraged to set up his\her own hours and to determine his\her own methods of sale, so long as he\she complies with the policies and procedures of the Firm.
5. In the conduct of its business, the Brand Promoter shall safeguard and promote the reputation of the products of the Firm and shall refrain from all conduct which might be harmful to such reputation of the Company or to the marketing of such products or inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
6.The Firm 's program is built upon retail sales to the ultimate consumer. The company also recognizes that Brand Promoters may wish to purchase product in reasonable amounts for their own personal or family use. For this reason, a retail sale for bonus purposes shall include sales to nonparticipants as well as sales to Brand Promoters for personal or family use which are not made for purposes of qualification or advancement. It is company policy, however, to strictly prohibit the purchase of product or large quantities of inventory in unreasonable amounts solely for the purpose of qualifying for bonuses or advancement in the marketing program.
7. Any Brand Promoter, who sponsors other Brand Promoters, must fulfill the obligation of performing a bona fide supervisory, distributing and selling function in the sale or delivery of product to the ultimate consumer and in the training of those sponsored. Brand Promoters must have ongoing contact, communication and management supervision with his or her sales organization. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to Firm training, sharing genealogy information with those sponsored. Brand Promoters should be able to provide evidence to the Company semiannually of ongoing fulfillment of sponsor responsibilities.
8. Firm Retail/40% Percent Policy. The Firm sales and marketing program is based upon retail sales to the ultimate consumer. Every aspect of the program is designed to assist our Brand Promoters in the marketing of digital education services to the general consuming public.
9. Apart from 5% deduction in TDS, all Brand Promoters are responsible for paying local, state taxes due on their personal earnings from commissions or any other earnings generated as a seller of Firm products.
10. Firm Brand Promoters shall not advertise Company products and/or marketing plans except as specifically approved by the firm. Firm Brand Promoters agree to make no false or fraudulent representations about the Firm, the products, the Firm compensation plan, or income potentials.
11. Trademark, Trade Names, Advertising. a. The name of the Firm and other names as may be adopted by the Firm are proprietary trade names and trademarks of the Firm. As such, these marks are of great value to the Firm and are supplied to Brand Promoter for Brand Promoter's use only in an expressly authorized manner. Brand Promoter agrees not to advertise the Firm product in any way other than the advertising or promotional materials made available to Brand Promoter by the Firm. Brand Promoter agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Firm marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Firm, unless such material has been submitted to the Company and approved in writing by the Firm before being disseminated, published or displayed. b. The Brand Promoter, as an independent contractor, is fully responsible for all of his\her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current Brand Promoter agreement, and advertising or promotional materials supplied directly by the Firm. Brand Promoter agrees to indemnify the Firm and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Firm as a result of Brand Promoter's unauthorized representations. c. The Firm will not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission. d. All Firm materials, whether printed, on film, produced by sound recording, or on the internet, are copyrighted and may not be reproduced in whole or in part by Brand Promoters or any other person except as authorized by the Firm. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, a Brand Promoter should not anticipate that approval will be granted. e. A Firm Brand Promoter may not produce, use or distribute any information relative to the contents, characteristics or properties of Firm product which has not been provided directly by the Firm. This prohibition includes but is not limited to print, audio or video media. f. A Firm Brand Promoter may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Firm for its Brand Promoters. Nor may a Brand Promoter purchase, sell or distribute non- firm materials which imply or suggest that said materials originate from the Firm. g. Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Firm and approved in writing by the Firm prior to publication. h. All advertising copy, direct mailing, radio, TV, newspaper and display copy must be approved in writing before being disseminated, published or displayed with the exception of blind ads where no reference is made to the Firm name or product name. 12. The Firm maintains an official corporate website and lead generation blog page. Brand Promoters are allowed to advertise on the Internet through an approved Firm program which allows Brand Promoters to choose from among Firm home page designs that can be personalized with the Brand Promoter's message and the Brand Promoter's contact information. These websites link directly to the Firm website giving the Brand Promoter a professional and firm-approved presence on the internet. Only these approved websites may be used by Brand Promoters. No Brand Promoter may independently design a website that uses the names, logos, or product descriptions of the Firm, nor may a Brand Promoter use "blind" ads on the internet making product or income claims which are ultimately associated with Firm products or the Firm 's compensation plan. Any person using Firm names, logos, trademarks, etc. on the internet or any other advertising medium, except as permitted by Firm Rules and Regulations, shall be subject to immediate discipline, including termination of Brand Promoter status.
13. No Spam Policy. It is specific Firm policy to prohibit unsolicited email (spamming) or information by facsimile relating to the Firm 's opportunity and products. The Firm has a zero tolerance policy of spamming practices. Brand Promoters who violate the Firm 's "no spam policy" are subject to termination, suspension or disciplinary action.
14. Retail Establishments. Firm products or services may only be displayed and sold in retail establishments where the nature of the business is to make appointments with customers. The sale of such products within such retail facilities must be conducted by a Brand Promoter and must be preceded by a discussion where the Brand Promoter introduces the prospect to the products and opportunity just as they would if they had met outside of the retail facility. Firm produced literature, banners, or signage only may be displayed on a shelf, counter, or wall and must be displayed by itself. Product may not be sold from a shelf or taken from a display for purchase by a customer. Firm products may not be promoted in any retail establishment, even by appointment, if competitive products are promoted in the establishment.
15. Trade Shows. With written authorization from the Firm, Firm products and opportunity may be displayed at trade shows by Brand Promoters. Request for participation in trade shows must be received in writing by the Firm at least two weeks prior to the show. Written authorization from the Firm must be received before participating in the trade show. Firm products and opportunity are the only products and/or opportunity that may be offered in the trade show booth. Only Firm produced marketing materials may be displayed or distributed. No Brand Promoter may sell or promote the Firm 's products or business opportunity at flea markets, swap meets, or garage sales.
16. The Firm reserves the right to approve or disapprove Brand Promoter's change of business names, formation of partnerships, corporations, and trusts for tax, estate planning, and limited liability purposes. If the Firm approves such a change by Brand Promoter, the organization's name and the names of the principals of the organization must appear on the Brand Promoter application agreement along with a aadhar card number or government identification number.
17. The Brand Promoter agreement may be canceled at any time and for any reason by a Brand Promoter notifying the Firm in writing of the election to cancel. a. All applications must register with their legal surname and given name at the time of enrollment. Any name changes will be considered transfer of ownership and fees plus necessary documents are required. This will be based upon approval and is not guaranteed to happen.
18. The Firm shall be entitled to change product prices at any time and without notice, and to make changes in the statement of policy and procedures.
19. Each Brand Promoter shall comply with all state and local taxes and regulations governing the sale of Firm products.
20. All retail sales must comply with the FTC Three-Day Cooling Off Rule which requires statutory language and notice of cancellation on the retail sales receipt.
21. Brand Promoter shall not sell to other Firm Brand Promoters, other than personally sponsored Brand Promoters, non-company products or in any way promote to such Company Brand Promoters opportunities in marketing programs of other companies. Such admissible promotion to designated personally sponsored Brand Promoters may not take place on the occasion or at the place designated for or associated with a firm business opportunity meeting or company-related activity.
22. On a periodic basis, the Firm will supply data processing information and reports to the Brand Promoter which will provide information to the Brand Promoter concerning the Brand Promoter's downline sales organization, product purchases and product mix. Brand Promoter agrees that such information is proprietary and confidential to the Firm and is transmitted to the Brand Promoter in confidence. The Brand Promoter agrees that he or she will not disclose such information to any third party directly or indirectly, nor use the information to compete with the Firm directly or indirectly. The Brand Promoter and the Firm agree that, but for this agreement of confidentiality and nondisclosure, the Firm would not provide the above confidential information to the Brand Promoter.
23. Vendor Confidentiality. The Firm 's business relationship with its vendors, trainers and suppliers is confidential. A Brand Promoter shall not contact, directly or indirectly, or speak to or communicate with any representative of any supplier or educational trainer of the Firm except at a Firm sponsored event at which the representative is present at the request of the Firm. Violation of this regulation may result in termination and possible claims for damages if the vendor/trainer's association is compromised by the Brand Promoter contact.
24. Upon the death or incapacity of the Brand Promoter, his or her rights to bonuses and marketing position, together with Brand Promoter responsibilities, shall pass to his or her successors (referred as nominee) in interest upon written application and approval by the Firm. The successor Brand Promoter must fulfill all responsibilities of the Brand Promoter.
25. A Brand Promoter may not sell, assign or otherwise transfer his or her Brand Promotership, marketing position or other Brand Promoter rights without written application and approval by the Firm. The potential buyer must be at the equivalent or higher rank as the selling Brand Promoter or have been a Firm Brand Promoter for at least a one-year period prior to the sale. The Brand Promotership must be offered in writing first to the Brand Promoter's sponsor. If the sponsor declines the offer, the Brand Promoter may offer the Brand Promotership for sale to other qualified Firm Brand Promoters, but only on the same terms and conditions as offered to the sponsor. A Brand Promoter who sells his or her Brand Promotership shall not be eligible to re-qualify as a Brand Promoter for a period of at least six months after the sale. The Firm reserves the right to review the sale agreement and to verify waiver from the upline sponsor in the event the upline sponsor declines to purchase the Brand Promotership.
26. This statement of policies and procedures is incorporated into the Brand Promotership agreement and constitutes the entire agreement of the parties regarding their business relationship.
27. The Firm expressly reserves the right to alter or amend prices, Rules and Regulations, Policies and Procedures, product availability and compensation plan. Upon notification such amendments are automatically incorporated as part of the agreement between the Firm and the Brand Promoter.
28. A partnership or corporation may be a Brand Promoter. However, no individual may participate in more than one (1) Brand Promotership in any form without express written permission from the Firm. Only in the most extreme and extraordinary circumstances will this be considered. a. A Brand Promotership may change status under the same sponsor from individual to partnership or corporation or from partnership to corporation with proper and complete documentation. b. To form a new Brand Promotership as a partnership or corporation or to change status to one of these forms of business, you must request a partnership/corporation form from the corporate home office. This form must be submitted detailing all partners, stockholders, officers or directors in the partnership or corporation. The partner or officer who submits the form must be authorized to enter into binding contracts on behalf of the partnership or corporation. In addition, by submitting the partnership/corporation form, you certify that no person with an interest in the business has had an interest in a Brand Promotership within three (3) months of the submission of the form (unless it is the continuation of an existing Brand Promotership that is changing its form of doing business).
29. Corporate and Partnership Guarantee for Owners. Although the Firm has offered Brand Promoters the opportunity to conduct their Brand Promotership as corporate or partnership entities, it is agreed that since the Brand Promotership entity is under the control of its owners or principals, the actions of individual owners as they may affect the Firm and the Brand Promotership are also critical to the Firm 's business. Therefore, it is agreed that actions of corporate shareholders, officers, directors, agents or employees and the actions of partnership partners, agents or employees, which are in contravention to the Firm 's policies shall be attributable to the corporate or partnership entity.
30. Disciplinary Actions. A Brand Promoter's violation of any policies and procedures, the agreement, terms and conditions or any illegal, fraudulent, deceptive, or unethical business conduct may result, at the Firm 's discretion, in one or more of the following disciplinary actions: a. Issuance of a written warning or admonition. b. Imposition of a fine, which may be imposed immediately or withheld from future commission payouts. c. Reassignment of all or part of a Brand Promoter's organization. d. Suspension, which may result in termination or reinstatement with conditions or restrictions. e. Termination of the Brand Promoter. 31. The Firm reserves the right to terminate any Brand Promotership at any time for cause when it is determined that the Brand Promoter has violated the provisions of the Brand Promoter agreement, including the provisions of these policies and procedures as they may be amended or the provisions of applicable laws and standards of fair dealing. Such involuntary termination shall be made by the Firm at its discretion. In the event of a termination, the terminated Brand Promoter agrees to immediately cease representing him/herself as a Brand Promoter. 32. Termination. a. When a decision is made to terminate a Brand Promotership, the Firm will inform the Brand Promoter in writing that the Brand Promotership is terminated immediately, effective as of the date of the written notification. The termination notice will be sent by certified mail to the Brand Promoter's email address on file with the Firm. b. The Brand Promoter will have 15 days from the date of mailing of the certified letter in which to appeal the termination in writing. The Brand Promoter's appeal correspondence must be received by the Firm within 20 days of the Firm 's termination letter. If the appeal is not received within the 20-day period, the termination will be automatically deemed final. c. If a Brand Promoter files a timely appeal of termination, the Firm will review and reconsider the termination, consider any other appropriate action, and notify the Brand Promoter of its decision. The decision of the Firm will be final and subject to no further review. In the event the termination is not rescinded, the termination will be effective as of the date of the Firm 's original termination notice.
33. All Brand Promoters have the right to sponsor others. In addition, every person has the ultimate right to choose his/her own sponsor. If two Brand Promoters should claim to be the sponsors of the same new Brand Promoter, the Firm shall regard the first application received by the corporate home office as controlling. a. As a general rule, it is good practice to regard the first Brand Promoter to meaningfully work with a prospective Brand Promoter as having first claim to sponsorship, but this is not necessarily controlling. Basic tenets of common sense and consideration should govern. b. As a convenience to its Brand Promoters, the company may provide various methods of registering or informing the Firm of newly sponsored Brand Promoters, including registration. Until such time as the Firm receives an application, either as hard copy or soft copy, containing all appropriate information, as well as the signature of the proposed new Brand Promoter, the Firm will only consider the incomplete registration in the category of "intended" registration. Thus, although the Firm is attempting to create some convenience for its sponsoring Brand Promoters, it is the responsibility of the sponsoring Brand Promoter to cause delivery to the Firm of a completed and signed Brand Promoter agreement if the sponsor is to expect recognition as the official sponsoring Brand Promoter. c. There is no "magic" involved in the Firm or in any business. Those who sponsor widely but who do not help new Brand Promoters develop their business meet with limited success. Therefore, a responsibility of sponsorship is to work with new Brand Promoters, helping them learn the business and encouraging them during the critical early months.
34. Transfer of Sponsorship. Transfer is rarely permitted and is actively discouraged. Maintaining the integrity of sponsorship is absolutely mandatory for the success of the overall organization. a. Transfers will generally be approved in three (3) circumstances only: (1) In the case of unethical sponsoring by the original sponsor. In such cases, the Firm will be the final authority. (2) With the written approval of the immediate five (5) upline sponsors. (3) Resigning from the Firm entirely and waiting three (3) months to reapply under the new sponsor. b. In cases of unethical sponsoring, the individual may be transferred with any downlines intact; in all other events, the individual alone is transferred without any downline Brand Promoters being removed from the original line of sponsorship.
35. The Firm encourages each Brand Promoter to keep accurate sales records. The program is based upon retail sales to the ultimate consumers; therefore, all forms of stockpiling or pyramiding are prohibited. Products are offered to Brand Promoters only for personal learning.
36. Income Guarantees. No income guarantees may be made to prospective Brand Promoters. Obviously, any false, deceptive or misleading claims regarding the opportunity or product\service are prohibited.
37. Representation of Status. In all cases, any reference the Brand Promoter makes to him/herself must clearly set forth the Brand Promoter's independent status. For example, if the Brand Promoter has a business telephone, the telephone may not be listed under the Firm 's name or in any other manner which does not disclose the independent contractor status of the Brand Promoter.
38. Newspaper Advertisements. Some Independent Representatives use classified advertising in the newspapers to find prospects. The following rules apply: o No advertisement may imply that a "job" or "position" is available. o No specific income can be promised. o Advertisements must contain no misleading facts or distortions of the Company opportunity or product line.
39. Business Cards and Stationery. Any printed materials, including business cards and stationery, must be approved by the Firm in advance. Criteria for approving these materials will include a judgment regarding the quality of the materials as well as properly setting forth the independent status of the Brand Promoter.
40. Telephone Solicitation. The use of the Firm 's name or copyrighted materials may not be made with automatic calling devices or "boiler room" operations either to solicit Brand Promoters or retail customers. The use of these methods in ways that are legal and are the equivalent of the "blind ads" alluded to above cannot be regulated by the Firm.
41. Press Inquiries. Any inquiries by the media are to be referred immediately to the Firm. This policy is to assure accuracy and consistent public image.
42. Central and state regulatory agencies rarely approve or endorse direct selling programs. Therefore, Brand Promoters may not represent that the Firm 's program has been approved or endorsed by any governmental agency.
43. Waiver. The Firm never gives up its right to insist on compliance with these rules or with the applicable laws governing the conduct of a business. This is true in all cases, both specifically expressed and implied, unless an officer of the Firm who is authorized to bind the Firm in contracts or agreements specifies in writing that the Firm waives any of these provisions. In addition, any time the Firm gives permission for a breach of the rules, that permission does not extend to future breaches. This provision deals with the concept of "waiver," and the parties agree that the Firm does not waive any of its rights under any circumstances short of the written confirmation alluded to above.
44. Partial Validity. Should any portion of these Rules and Regulations, of the Brand Promoter's application and agreement, or of any other instruments referred to herein or issued by the Firm be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.