Certified Agent Terms of Agreement
I, the undersigned applicant & Sales Agent, am of legal age in the state or country in which this agreement is executed by me and understand that this Agreement is not binding until receipt and acceptance by Buzzazz, hereinafter COMPANY, at its home office in Clearwater, Florida. COMPANY reserves the right to decline this application at its discretion.
I acknowledge that I am strictly an Independent Contractor (IC). I agree to abide by all COMPANY policy and procedures as relates to my role as an IC – especially those specific to my position in the organization, interrelationships with COMPANY customers, properties, etc.
I agree to operate in a high degree of professionalism in my dealings with COMPANY’S prospects, customers, staff, vendors, and anyone associated or affiliated with COMPANY.
I understand that I have no authority to bind COMPANY to any obligation and that I may only use COMPANY trademarks, trade names, service marks or registrations provided or approved in writing by COMPANY.
I understand that the COMPANY is an Equal Opportunity Company that does not discriminate based on race, color, religion, sex, age, or national origin. As an IC, I agree to fully comply with the laws of the land.
On a periodic basis COMPANY will supply confidential information in the form of data, reports, and other material to the IC. The IC agrees upon receipt of said information that such information is proprietary and confidential to COMPANY and is transmitted to the IC in strictest confidence. As an IC, I agree to keep the information confidential and not disclose such information to any third party directly or indirectly, nor use the information to compete with COMPANY, directly or indirectly. I understand that this section of the Agreement shall remain in effect in perpetuity. All obligations outlined in this agreement regarding contract works, copyrights, trademarks, confidential materials, etc. will continue to remain in effect unless a mutual release is executed.
I understand that COMPANY has the right to initiate any action it deems appropriate, including terminating an individual or company agreement. I also understand and agree that COMPANY may involuntarily suspend and/or terminate for cause, my IC status at any time and I understand that I have the right to terminate my IC status at any time by sending written notice to COMPANY. Such voluntary termination is effective upon receipt of such notice by COMPANY.
I agree to indemnify and to hold COMPANY harmless from any and all claims, damages and expenses, including attorney fees arising out of my actions and any conduct in violation of this agreement.
I understand and agree that the liability of COMPANY and its officers, directors, and shareholders to IC for any claim whatsoever including any cause of action sounding in contract for, or strict liability, shall not exceed, and be limited to, the amount of unpaid contracted work. In no event shall COMPANY be liable for any incidental, special, exemplary, or consequential damages.
I understand and agree that, except as set forth in this agreement and company policy and procedures, any and all claims of any nature whatsoever arising out of or connected with COMPANY, including but not limited to compensation, agreement termination, claims of age discrimination, sexual harassment, religious discrimination or civil rights violations, arbitrary questions parties or any other claims or causes of actions relating to the performance of either party under this Agreement shall be resolved through a two-step dispute resolution process administered by the applicable procedures of the American Arbitration Association (” AAA “), involving, first mediation before a mediator or panel of mediators, followed if necessary, by final and binding arbitration before the same or, if requested by either party, another panel from the AAA.
Any and all arbitrations will occur in the City of Clearwater, State of Florida in accordance with the Federal Arbitration Act and the Commercial Rules of the American Arbitration Association (“AAA”). This Agreement and its venue is performable in Pinellas County and governed by the laws of the State of Florida. By entering into this Agreement, both parties are giving up their constitutional right to have any such dispute decided in a court of law before a judge or jury, and instead are accepting the use of mediation and arbitration.
The demand for mediation must be in writing and must be made by the aggrieved party within sixty days of the event given rise to the demand. The decision of the arbitrator shall be binding and conclusive on the parties and not up for review for error of law or legal reasoning of any kind. Judgment upon the award rendered by the arbitrator may be entered in any court having proper jurisdiction. Each party to the mediation/arbitration shall bear their own costs including attorneys’ fees. Both parties shall pay the fees for the mediator / arbitrator equally. If COMPANY and IC agree, they can choose a mediation or arbitration process other than the AAA. IC understands that nothing in this section or this IC Agreement shall in any way restrict COMPANY rights to fully enforce, through the appropriate courts, the terms of any confidentiality agreement between COMPANY and myself.
Having been informed of the above, I agree to observe and comply with all of COMPANY rules, directives, policies and procedures that relate to my function as an IC. I further understand and agree that I will not hold COMPANY Ownership responsible or accountable for any claim of any nature whatsoever arising out of or connected with his/her business relationship with COMPANY.
I agree to not solicit or accept any offerings in any shape or manner from the COMPANY’S prospects or customers for my own personal gain. I will also not assist another in any shape or form to acquire any benefit from the COMPANY’S customers.
This Agreement along with any approved company policies, directives, rules and procedures constitutes the entire Agreement between myself and COMPANY, and no other promises, representation, guaranties, or agreements of any kind shall be valid unless in writing and signed by both parties, except as provided herein.
This Agreement may not be assigned or transferred without written consent of COMPANY. If under any applicable law or rule of any jurisdiction, any provision of this Agreement is held to be invalid or unenforceable, then COMPANY shall have the right to modify such provision to the extent required to make it valid or enforceable. Such modification shall be effective only in the jurisdiction where it is required. “Notice” shall be deemed given when delivered in person, or when deposited in the U.S. Mail or with a national overnight delivery service to either party at the address provided in this Agreement. All mail must be certified to show actual mail date.
I understand Company pays weekly with a 1-week lag for the first commission. For example, if a week ends on Friday the 7th, the first commission will be due on the 14th. I agree to be paid per the current pay schedule offered and any modifications will be done in writing.
As an IC I understand that my work performance will be based on my statistics for the post and the production of the product. As an IC it is my responsibility to generate more income on behalf of COMPANY than the money spent on IC.
Work Duties: IC agrees to do an adequate amount of whatever task is given in order to be considered viable. I understand that COMPANY at is sole discretion and without notice can change its product terms, pricing, etc. Should I stop producing without notice, cease working, or have my working relationship agreement terminated for material breach of our agreement, I agree that I will receive any unpaid commissions less client charge backs, or other company expenses as outlined within the current compensation plans.