By signing I acknowledge that I have read and accept and agree to be bound by all terms and
conditions of the Affiliate Agreement. I hereby submit my application to become an Affiliate (Affiliate also known as/used as Representative) with All-Star Saver, LLC (Company). This agreement becomes effective on the date signed by and accepted by the Company.
SECTION 1 - PARTIES All references to "All-Star Saver" herein means and refers to All-Star Saver, LLC doing business as All-Star Saver. All references to "You" and "Your" mean and refer to the person or entity who has executed this Agreement. All-Star Saver and You are each referred to herein as a "Party" and collectively as the "Parties"
SECTION 2 - APPLICATION You agree that you are of legal age, in the state of jurisdiction in which You reside, to enter into this agreement. You agree to provide all information requested by All-Star Saver. You affirm that all information that You provide is truthful and accurate.
SECTION 3 - FEES There is a 1 (one) time payment of $470 to All-Star Saver to become an affiliate plus an annual donation of $30 to receive an All-Star Saver membership. The $30 payment is made via the All-Star Saver Fundraising platform and benefits one of our favorite charities.
SECTION 4 - INDEPENDENT ALL-STAR SAVER AFFILIATE Affiliates are independent contractors of All-Star Saver. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between All-Star Saver and You by virtue of this Agreement. This Agreement does not create an employer-employee relationship, partnership, joint venture, agency relationship nor are You a franchisee of the company. You have no rights to act on behalf of or bind All-Star Saver in any way, nor share in the profits or losses of All-Star Saver. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts and omissions. You also agree that All-Star Saver will not deduct or withhold any Federal, State or FICA Taxes. It is clearly understood that the Affiliate is not an employee and is responsible for paying all taxes owed on monies paid to the Affiliate. You shall not have any claim nor be entitled to any fringe benefits, such as worker's compensation, unemployment compensation, medical, dental, life, disability insurance benefits, sick leave, vacation pay, pension or retirement benefits, Social Security benefits or any other benefits, all of which shall be the sole responsibility of the Affiliate. You shall not be entitled to receive any expense reimbursements. You have no exclusive territory. You shall not use any fraudulent, deceptive, misleading or unethical practices. You shall not give any tax advice about monies donated to organizations. You shall be liable for any claims, damages, losses or other expenses resulting from any of such wrongful acts committed. You are not guaranteed any income, nor assured of any profit or success. You shall not make representations about the actual, potential, or expected donations, income or earnings to organizations or potential affiliates. You agree that because of the personal nature of this Agreement, it may not be transferred or otherwise assigned by Affiliate without the prior written consent of All-Star Saver. You shall only represent yourself to the public as an Affiliate of All-Star Saver. You shall not hire any subcontractors.
SECTION 5 - ALL-STAR SAVER AGREES All-Star Saver agrees to provide all Affiliates with sufficient initial training and product knowledge, ongoing support and product updates. All-Star Saver will provide all Affiliates with a statement to be reflective of all monies earned in lieu of Affiliates providing an invoice to All-Star Saver. All-Star Saver will provide annual 1099 forms according to Federal and State requirements.
SECTION 6 - COMPENSATION All-Star Saver shall pay the Affiliate a commission for each donation made to an organization which the Affiliate referred. Affiliates shall earn $3.00 (THREE DOLLARS) for each donation made to an organization they referred to All-Star Saver including renewals. If two Affiliates refer the same organization, All-Star Saver will do their best to determine which Affiliate had the most influence in the organization agreeing to the fundraiser. If the organization has done a fundraiser in the past it will be credited to the Affiliate who originally referred the organization. It will be at the sole discretion of All-Star Saver to determine which Affiliate earns the commission. Only 1 (ONE) Affiliate will ever be paid on a donation made to an organization. A donation is any amount greater than $30 donated to the organization. All-Star Saver shall also pay Affiliates for referring other Affiliates. Affiliates will be paid a (ONE TIME) $100 (ONE HUNDRED DOLLARS) for each person who becomes an Affiliate with All-Star Saver. The referring Affiliate shall also earn $1.00 (ONE DOLLAR) for each donation made to an organization their referred Affiliate referred to All-Star Saver. ie. Bob (All-Star Saver Affiliate) refers Mary and Mary becomes an All-Star Saver Affiliate. Mary gets ABC Organization to do a fundraiser. Mary earns $3 for each donation. Bob would earn $100 (ONE TIME COMMISSION) when Mary becomes an Affiliate an $1 for each donation made to the ABC Organization.
Current commission period is a calendar month with commissions paid on the 20th of the following month (or next business day if the 20th falls on a Saturday, Sunday or national holiday.) Commissions are paid via ACH deposit or check. You agree to and shall submit to All-Star Saver a completed, signed W-9 form and also provide a copy of a valid driver's license for proof of identity before any commissions are paid.
SECTION 7 - CONFIDENTIAL INFORMATION Intellectual Property Assignment. You agree not to use confidential information obtained from All-Star Saver for any improper purpose and at all times during and after the term of this Agreement to hold in trust, keep confidential and not disclose to any third party any confidential information. You also agree not to produce any marketing materials of any kind and only to use marketing materials provided by All-Star Saver or approved with written permission from All-Star Saver. Affiliate agrees not to send out any emails to organizations without first speaking to someone from that organization. Any emails sent to an organization without first verbal communication will be considered spam and will result in immediate termination of this Agreement. There will be no warnings given! Affiliate also agrees that because of the confidential and sensitive nature of this confidential information and because the use of, or even the appearance of, the confidential information in certain circumstances may cause irreparable damages to All-Star Saver and its reputation. Affiliate shall not, until the expiration of 1 year (ONE YEAR) after the termination of this Agreement between All-Star Saver and Affiliate, engage, directly or indirectly, or through any corporation or association in any business, enterprise or employment which directly competes with All-Star Saver.
SECTION 8 INDEMNIFICATION. Affiliate shall indemnify and hold harmless All-Star Saver, its owners, members, affiliates, and their respective directors, officers, employees and shareholders (collectively the Indemnified Persons) from and against all losses, costs, damages, expenses, liabilities and claims (including reasonable legal fees) which may be suffered or incurred by the Indemnified Persons or an of them arising out of relating in any manner whatsoever.
Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against All-Star Saver for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
SECTION 9 LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE TO AFFILIATE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 10 TERMINATION. Contract can be canceled at anytime by either party. However, agent will be paid for life on the business he/she has contracted as long as the agent is active. Agents are considered active as long as they maintain an active membership by making one $30 donation/year to one of the corporate charities. The date of termination shall be the earlier of the actual or the deemed date of receipt of notice. Neither All-Star Saver nor Affiliate will be entitled to any further notice, other than that provided under this provision. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.
Governing Law. This agreement shall be construed in accordance with the laws of the State of Mississippi.
SECTION 11 ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties with respect to the subject matter set forth in this Agreement and supersedes all prior and contemporaneous oral and written Agreements, communications representations, commitments or understanding of the Parties. This Agreement may be modified by All-Star Saver at any time, with or without prior notice to You. Amendments or modifications to this Agreement will be binding on You when they are sent to You via email, or posted in the Affiliate center. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement.
SECTION 12 SEVERABILITY. Each provision of this Agreement is independent, separate and divisible, and in the event any provision shall be held to be invalid or unenforceable, the remaining provisions shall continue to be in full force and effect.
Questions about the Independent All-Star Saver Affiliate Agreement should be sent to us at email@example.com.
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