terms & conditions to participate in Five Percent Club™ opportunity
terms and conditions:
You understand that this is an Internet business opportunity. You will have a complete understanding of the program(s), opportunities, and products offered prior to advertising, marketing, or selling any program or product offered by TBA. You understand that it is your responsibility to present a fair, complete and accurate portrayal of the opportunities and products offered when soliciting said opportunities or products. You understand that any written material(s) that you may generate on behalf of the program, opportunities, or products offered by TBA will be either the material posted on your Bold Approach administration webpage, or you will submit a complete and detailed copy of material you wish to use, and that you must obtain TBA's approval prior to distribution.
This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between TBA and you as an "Independent Contractor."
If you are entering into this Agreement on behalf of a client or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms "you" or "your" shall refer to such entity. (example: if you are using a "company" name) You hereby agree to the following with regard to your use of TBA Website: You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times. You shall not share your password with any other person or post it on this or any other website. "Partner" shall mean any person, entity or organization with whom TBA enters into any kind of business transaction relating to the Service or User Content. Neither TBA nor any of its Partners is responsible or liable for any unauthorized use of your account.
You are the individual disclosed in the sign-up form, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who is disclosed in the sign-up form. Without limiting the above, you hereby release, discharge and hold harmless TBA and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releases") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your participation in the TBA program, including without limitation any exploitation of your participation on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation). You understand that you are an INDEPENDENT CONTRACTOR, and as such are not an employee of TBA, nor have you been hired by TBA to fulfill some function for pay. TBA is not responsible for any income, employee or employer taxes with regard to your participation with the TBA program. This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between TBA and yourself as a Representative. A Sales Representative shall be an independent contractor. TBA shall not be required to withhold any amounts for state or federal income tax or for FICA taxes from sums becoming due to Sales Representative under this agreement. Sales Representative shall not be considered an employee of TBA and shall not be entitled to participate in any plan, arrangement or distribution by TBA pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to TBA employees. As a sales representative you shall be free to utilize your time, energy and skill in such manner as you deem advisable.
Unsolicited commercial email: You must agree to abide by the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws).
Without limiting the above, you hereby release, discharge and hold harmless TBA and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releases") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your participation in the TBA program, including without limitation any exploitation of your participation on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).
At no time is TBA in any way obligated for any expenses you may incur from your participation in the TBA program, including but not limited to newspaper or any other form of advertising, vehicle expenses, vehicle insurance, travel expenses and telephone expenses. Business cards and sales flyers may be reprinted at your own expense. As a Sales Representative you not authorized to extend any warranty or guarantee or to make representations or claims with respect to TBA's services or products without express written authorization from TBA.
No claim or guarantee is promised by TBA as to the amount of income you will earn. You understand that it is through your own efforts that income shall be derived, and TBA has no control over the amount of time or effort used.
Retail sales Program: For each retail sale of books made at the full cover price of $9.95, you as a Contractor are paid direct by your customer, per sale. It is understood that TBA delivers said book(s) by pdf form through the Internet. Should you wish to print copies, you may do so at your own expense. Should you wish to enlist others to assist you in selling the books, you, as well as the person you enlisted, shall be responsible for any and all expenses incurred including but not limited to payable commissions from sales and proper documentation as required by law, and they are not considered an employee of TBA and are subject to the same restrictions as enumerated in this Agreement. Any sales incentives to customers, advertising, or other fees involved in selling books through retail sales are exclusively the responsibility of Contractor. It is the Contractors responsibility to submit all legal documentation necessary in their state of residence to collect sales tax on retail sales, if applicable. Sales tax may be added to the retail selling price of $9.95 at any time, as applicable.
Anyone can request a refund within their first 3 days. You have until midnight of the third business day to cancel. Request for refund must be submitted by mail, postmarked applicable to the above condition. All products have been delivered to you via the Internet, and no refunds will be processed after the expiration of the said three business days.
In the event you have been a team member for twelve months or more, and have not personally sponsored any new team members, the company has the right to suspend your monthly commissions until such time as you have personally sponsored a minimum of six new team members who remains active for three months or more. Then you will be activated the following month in your original position and you can qualify to start earning commissions again.
In the event you have been a team member for six to twelve months, and have not personally sponsored any new team members, the company has the right to suspend your monthly commissions until such time as you have personally sponsored a minimum of three new team members who remains active for three months or more. Then you will be activated the following month in your original position and you can qualify to start earning commissions again.
In the event that you contact any TBA Team Member, other than your personally sponsored Team Members, about any opportunity other than a TBA opportunity, the Company has the right to cancel your Independent Contractor's Agreement.
In the event you promote any other program that is similar to the TBA program the Company has the right to cancel your Independent Contractor's Agreement.
TBA has the right to amend, add or remove any of its programs, products, or Terms and Conditions at any time without notice.
You must provide a completed an IRS W9 form, certifying your social security number or tax payer identification number, if you are in the United States. This form can be found in your back office.