Computer
Services
C/O Internet Marketing Warriors!(tm)
INDEPENDENT AFFILIATE APPLICATION
AND AGREEMENT
I understand and
agree that
as a Computer Services (sometimes referred to hereinafter as “Computer
Services” or the “Company”) Affiliate:
1. I have not been a Computer
Services Affiliate, or a partner, shareholder, member, or principal of
any entity having a Computer Services business in the past six months.
I understand that any intentional misrepresentation of any information
I provide on this Affiliate Application and Agreement may result in action
by Computer Services, up to and including termination of this Agreement.
2. I will not use or mention
Computer Services in any Unsolicited E-Mail (Spam). I understand that doing
so will cause immediate termination of this agreement and my affiliate
status.
3. I have read and understand
Computer Services compensation plan.
4. I will comply with all
federal, state, county and municipal laws, ordinances, rules, and regulations,
and shall make all reports and remit all withholdings or other deductions
as may be required by any federal, state, county or municipal law, ordinance,
rule or regulation.
5. I understand Computer
Services shall not be responsible for delays or failures in performance
of its obligations when performance is made commercially impracticable
due to circumstances beyond its reasonable control. This includes, without
limitation, strikes, labor difficulties, riot, war, fire, death, curtailment
of a party’s source of supply, or government decrees or orders.
6. I agree to perform my
obligations as an Affiliate with honesty and integrity.
7. I agree to present the
Computer Services Marketing and Compensation Plan and Computer Services
products and services as set forth in official Computer Services literature.
8. I understand that because
federal, state, provincial, territorial and local laws, as well as the
business environment,
periodically change, Computer
Services reserves the right to amend the Agreement and its prices in its
sole and absolute discretion. By signing the Independent Affiliate Agreement,
an Affiliate agrees to abide by all amendments or modifications that Computer
Services elects to make. Amendments shall be effective upon notice to all
Affiliates that the Agreement has been modified. Notification of amendments
shall be published in official Computer Services materials. The Company
shall provide or make available to all Affiliates a complete copy of the
amended provisions by one or more of the following methods: (1) posting
on the Company’s official web site; (2) electronic mail (e-mail); (3) fax-on-demand;
(4) voice mail system broadcast; (5) inclusion in Company periodicals;
(6) inclusion in bonus checks; or (7) special mailings. The continuation
of an Affiliate’s Computer Services business or an Affiliate’s acceptance
of bonuses or commissions constitutes acceptance of any and all amendments.
9. I agree that as an Computer
Services Affiliate I am an independent contractor, and not an employee,
agent, partner, legal representative, or franchisee of Computer Services
I am not authorized to and will not incur any debt, expense, obligation,
or open any checking account on behalf of, for, or in the name of Computer
Services. I agree that I will be solely responsible for paying all expenses
incurred by myself, including but not limited to travel, food, lodging,
secretarial, office, long distance telephone and other expenses. I UNDERSTAND
THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF COMPUTER SERVICES FOR FEDERAL
OR STATE TAX PURPOSES. Computer Services is not responsible for withholding,
and shall not withhold or deduct from my bonuses and commissions, if any,
FICA, or taxes of any kind, unless such withholding becomes legally required.
I agree to be bound by all sales tax collection agreements between Computer
Services and all appropriate taxing jurisdictions, and all related rules
and procedures.
10. I have carefully read
and agree to comply with the Computer Services Policies and Procedures
and the Computer Services Marketing and Compensation Plan, both of which
are incorporated into and made a part of these Terms and Conditions. I
understand that I must be in good standing, and not in violation of any
of the terms of this Agreement, in order to be eligible to receive any
bonuses or commissions from Computer Services. I understand that these
Terms and Conditions, the Computer Services Policies and Procedures, or
the Computer Services Marketing and Compensation Plan may be amended at
the sole discretion of Computer Services, and I agree that any such amendment
will apply to me. Notification of amendments shall be posted on the Computer
Services web site [and/or sent to all Affiliates by E-mail]. The continuation
of my Computer Services business or my acceptance of bonuses or commissions
shall constitute my acceptance of any and all amendments.
11. I may not assign any
rights or delegate my duties under this Agreement without the prior written
consent of Computer Services. Any attempt to transfer or assign this Agreement
without the express written consent of Computer Services renders this Agreement
voidable at the option of Computer Services and may result in termination
of my business.
12. I understand that if
I fail to comply with the terms of this Agreement, Computer Services may,
at its discretion impose upon me disciplinary action as set forth in this
agreement. If I am in breach, default or violation of this Agreement at
termination, I shall not be entitled to receive any further bonuses or
commissions, whether or not the sales for such bonuses or commissions have
been completed.
13. Computer Services, its
owners, directors, officers, shareholders, employees, assigns, and agents
(collectively referred as “principals”), shall not be liable for, and I
release Computer Services and its principals from, and waive all claims
for consequential and exemplary damages. I further release Computer Services
and its principals from all liability arising from or relating to the promotion
or operation of my Computer Services business and any activities related
to it (e.g., the presentation of Computer Services products or Compensation
and Marketing Plan, the operation of a motor vehicle, the lease of meeting
or training facilities, etc.).
14. This Agreement, in its
current form and as amended by Computer Services at its discretion, constitutes
the entire contract between Computer Services and myself. Any promises,
representations, offers, or other communications not expressly set forth
in this Agreement are of no force or effect.
15. Any waiver by Computer
Services of any breach of this Agreement must be in writing and signed
by an authorized principal of Computer Services. Waiver by Computer Services
of any breach of this Agreement by me shall not operate or be construed
as a waiver of any subsequent breach.
16. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable, and the
balance of the Agreement will remain in full force and effect.
17. This Agreement will be
governed by and construed in accordance with the laws of the State of Louisiana,
unless the laws of the state in which I reside expressly require the application
of its laws to this transaction (in which case such state law shall govern).
All disputes and claims relating to Computer Services, the Affiliate Agreement,
the Computer Services Marketing and Compensation Plan or its products and
services, the rights and obligations of an independent Affiliate and Computer
Services, or any other claims or causes of action relating to the performance
of either an independent Affiliate or Computer Services under the Agreement
shall be settled totally and finally by arbitration in Louisiana, or such
other location as Computer Services prescribes, in accordance with the
Federal Arbitration Act and the Commercial Arbitration Rules of the American
Arbitration Association. All issues related to arbitration shall be governed
by the Federal Arbitration Act. If an Affiliate files a claim or counterclaim
against Computer Services, he or she shall do so on an individual basis
and not with any other Affiliate or as part of a class action. The decision
of the arbitrator shall be final and binding on the parties and may, if
necessary, be reduced to a judgment in any court of competent jurisdiction.
The prevailing party shall be entitled to receive from the losing party
costs and expenses of arbitration, including legal and filing fees. This
agreement to arbitrate shall survive any termination or expiration of the
Agreement. Nothing in this Agreement shall prevent Computer Services from
applying to and obtaining from any court having jurisdiction a writ of
attachment, a temporary injunction, preliminary injunction, permanent injunction
or other relief available to safeguard and protect Computer Services’ interest
prior to, during or following the filing of any arbitration or other proceeding
or pending the rendition of a decision or award in connection with any
arbitration or other proceeding.
18. The parties consent to
exclusive jurisdiction and venue before any federal or state court in Calcasieu
Parish, State of Louisiana for purposes of enforcing an award by an arbitrator
or any other matter not subject to arbitration. If the law of the state
in which the applicant resides prohibits consensual jurisdiction and venue
provisions for purposes of arbitration and litigation, that state’s law
shall govern issues relating to jurisdiction and venue.
I certify that I am
of legal age (the age of majority) for the state
in which I reside. I have carefully read the
foregoing Terms and Conditions of this
application and agreement. I understand that I
have the right to terminate my Computer Services
Independent business at any time, with or
without reason, by sending written notice to the
company via e-mail, at webmaster@thewarriorgroup.com
, or by regular mail
to Computer Services, 1313 Old River Road, Starks, La. 70661. Any cancellation
must include your Sign-On Name. |
