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TreadStar Communications Representative Agreement
Terms of Agreement
This AGREEMENT was made via electronic acceptance
between TreadStar Communications of 3241 Martin Kings Road, Charlottesville,
Virginia 22902 (herein call "the Company"). And the online applicant
(herein called "Representative")
Services To Be Performed. Representative agrees to contact
online merchants with the objective of selling the Company’s products
and services.
Time For Performance. Representative agrees to perform
these services on a regular basis and to maintain contact
with the Company regularly.
Payment. In consideration of Representative's performance
of these services, the Company agrees to pay Representative in
accordance with the TreadStar Communications Representative Compensation
Plan.
Independent Representative. The parties intend Representative
to be an Independent Contractor in the performance of these services.
Representative shall be affiliated with and treated by the Company
as an Independent Contractor for federal and state income and
employment tax purposes and shall not be affiliated with and treated
by the Company as an employee for federal and state income and
employment tax purposes, and the Company and Representative shall
each file such federal and state tax returns as may be required
of each of them to report the income earned by Representative
as an Independent Contractor.
Assistants. Representative, at Representative's expense,
may employ such assistants as Representative deems appropriate
to carry out this agreement. Representative will be responsible
for paying such assistants, as well as any expense attributable
to such assistants, including income taxes, unemployment insurance,
and social security taxes, and will maintain workers' compensation
insurance for such employees.
Equipment and Supplies. The Company shall provide the
Representative with a TreadStar Communications Representative package including
forms, promotional materials, and software as deemed to be a part
of said package by the Company. Representative, at Representative's
own expense, will provide all equipment, tools, and supplies necessary
to perform the above services, and will be responsible for all
other expenses required for the performance of those services.
Indemnification. Representative shall indemnify and
hold the Company harmless in the event that the Company is required
to respond in damages to a third party or parties by reason of
any conduct of Representative which shall be in violation of any
laws, rules, or regulations applicable to Representative.
Noncompetition. Representative shall not, after termination
of this agreement, use to his or her advantage, or to the advantage
of any competitor of the Company, any information obtained by
Representative during his or her affiliation with the Company
and which is not known generally.
Resolution of disputes. Representative agrees that any
dispute or disagreement, arising out of his or her activities
as a Representative of the Company and between Representative
and another Representative associated with the Company, which
Representative and such other Representative cannot resolve, shall
be submitted to the Company for arbitration, and Representative
agrees to accept and comply promptly with the decision of the
Company.
Termination. This agreement and the affiliation
of the Company and Representative may be terminated at any time
by the Representative upon notice in writing to the Company. The
Company reserves the right to terminate Representative for cause,
including, but not limited to; illegal or unlawful acts, misrepresentations,
or violations of company policies. Termination shall not
affect Representative commissions earned before such notice of
termination, provided that commissions earned are not earned in
violation of company policy.
Renewal. This agreement shall be renewed annually subject
to the terms and conditions herein. The renewal fee will be $199
due and payable within 30 days of the Representative's anniversary
date. Failure to comply with this renewal clause will result in
loss of all vested interest pertaining to residual or other income
subject to the terms stated in the "Termination" clause of this
document.
Miscellaneous. This agreement shall be governed by the
laws of Virginia in all matters, including, without limitation,
its validity, construction, interpretation, and performance, and
neither it nor any of its provisions may be modified, waived,
or discharged except by written instrument signed by the party
against which enforcement of the modification, waiver, or discharge
is sought.
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