Independent Subscription Marketer Policies and Procedures SUBSCRIPTION MARKETER AGREEMENT
1. Authorization and Contract
By executing the TicketGuard Subscription Marketing Agreement (“Agreement”), you apply for legal authorization to become a TicketGuard Independent Subscription Marketer and enter into contract with TicketGuard, LLC, hereinafter “TicketGuard.” You acknowledge that prior to signing you have received, read, and understood the TicketGuard Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on MyTicketGuard.com; and that you have read and agree to all terms set forth in this Agreement. TicketGuard reserves the right to reject any Subscription marketer registration for any reason deemed.
2. Expiration, Renewal, and Termination
The term of this Agreement is one year (subject to prior cancelation or disqualification as provided in the Policies and Procedures). If you fail to annually renew your TicketGuard Subscription Marketer registration, or if it is canceled or terminated for any reason, you understand that you will permanently lose all rights as a TicketGuard Subscription. You shall not be eligible to market/register TicketGuard Citation Protection Plan coverage to the public at large nor shall you be eligible to receive residuals, overrides, or other income resulting from the activities of your former downline sales organization.
In the event of cancelation, termination, or nonrenewal, you waive all rights you have, including, but not limited to, property rights, rights to your former downline organization and to any bonuses, commissions, or other remuneration derived through the sales and other activities of your former downline organization. TicketGuard reserves the right to terminate all Independent Subscription Marketer Agreements without notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its Citation Protection Plan product and/or services via direct selling channels. Independent Subscription Marketer(s) may cancel this Agreement at any time, and for any reason, upon written notice to TicketGuard at its principal business address. TicketGuard may cancel this Agreement for any reason without advance written notice to the Independent Subscription Marketer. TicketGuard may also terminate immediately without notice this Agreement, if the TicketGuard Independent Subscription Marketer breaches any of its provisions.
3. Independent Contractor Status
You agree this authorization does not make you an employee, agent, or legal representative of TicketGuard or the TicketGuard Independent Subscription Marketer who introduced the TicketGuard Subscription Opportunity initially. As an independent contractor, you will be operating your own independent business, marketing Citation Protection Plan coverage available through TicketGuard on your own account. You have complete freedom in determining the number of hours that you will devote to your marketing business, and you have the sole discretion of scheduling such hours. You are not allowed to purchase, create or register any third party marketing materials including but not limited to business cards, marketing brochures, branded apparel and merchandise related to or duplicating the TicketGuard logo and or related to the marketing of the the TicketGuard Subscription program or Citation Protection Plans. All TicketGuard Subscriptions must only use marketing material, videos, and any other content produced or published by TicketGuard, LLC. For use in marketing the TicketGuard Subscription business opportunity or the TicketGuard Citation Protection Plans. You may be terminated immediately as a TicketGuard Subscription marketer if you produce, create or publish any unauthorized marketing content. You will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. By agreeing to these terms, you agree to receive the 1099-MISC form electronically. It will be your sole responsibility to account for such income on your individual income tax returns.
4. Coverage Plan Cancellations
TicketGuard allows holders of its Citation Protection Plan subscription to cancel at any time for any reason their coverage without further obligation. TicketGuard, LLC. must receive monthly subscription cost from each registered Citation Protection Plan before commission or residual payout can be made to any applicable TicketGuard, LLC. Subscription marketer. In order to receive residuals and commission override payments Customers must retain plan coverage for a minimum of thirty (30) calendar days before any cancellation is requested. TicketGuard Subscription Marketers who register Customers that cancel plan coverage prior to the 30-Day Rule will not receive any commission, residual or override payments arising from that applicable registered Citation Protection Plan(s) that have been cancelled within the 30-Day Rule period. TICKETGUARD DOES NOT HAVE A CHARGEBACK POLICY!!!
5. Presenting the TicketGuard™ Marketer Compensation Plan
You agree when presenting the TicketGuard Compensation Plan to present it in its entirety as outlined in official TicketGuard materials, emphasizing that registration and subscription of TicketGuard Citation Protection Plans by consumers are required to receive compensation in the form of residuals from the monthly subscription price of a Citation Protection Plans registered via your marketing efforts. In presenting the plan to prospects, you agree not to utilize, produce, publish or create any literature, materials, or aids not produced or specifically authorized in writing by TicketGuard LLC. You agree to instruct all prospective Independent Subscription Marketers that TicketGuard emphasizes that Subscriptions commit their individual effort towards effectively marketing TicketGuard Citation Protection Plans and encouraging licensed drivers to register coverage. Prospective Subscriptions should not be encouraged to focus efforts towards seeking out new Subscriptions in order to increase earning potential.
6. Marketing/Registration of Citation Protection Plan(s)
You agree to make no representations or claims regarding TicketGuard Citation Protection Plans beyond those communicated and stated in official TicketGuard Citation Protection Plans terms and restrictions and or via the corporate website.
7. TicketGuard Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in the Policies and Procedures, information compiled by or maintained by TicketGuard, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within the TicketGuard business including, without limitation, Independent Subscription Marketer lists, sponsorship trees, and all TicketGuard Independent Subscription Marketer information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique and proprietary trade secret of TicketGuard, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with TicketGuard, TicketGuard grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, product developments, and Independent Subscription Marketer sales, earnings and other financial reports to facilitate your independent TicketGuard business.
8. Non-Competition Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are a TicketGuard Independent Subscription Marketer, and for six (6) months following resignation, non-renewal, or termination of your TicketGuard Subscription registration, you will not compete with TicketGuard. This covenant shall survive the expiration or termination of your authorization and contract with TicketGuard.
9. Non-Solicitation Agreement
In accordance with the Policies and Procedures, you agree that during the period while you are an Independent Subscription Marketer, and for one (1) calendar year following resignation, non-renewal, or termination of your registration, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other TicketGuard Independent Subscription Marketer to compete with the business of TicketGuard.
10. No Violation of Previous Agreement
You agree that you are not currently in material breach of, and will not during the term of this Agreement be in material breach of, any other contract, obligation, or covenant that would affect your ability to perform hereunder, and as a result of entering into this Agreement, will not materially breach any contract, obligation, or covenant (such as a covenant not to compete located in a prior agreement).
11. Images / Recordings / Consents
You agree to permit TicketGuard to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by TicketGuard for any lawful purpose, and without compensation unless otherwise proposed and agreed upon between you and TicketGuard, LLC.
12. Modification of Terms
With the exception of the dispute resolution section in Policies and Procedures, which can only be modified by way of TicketGuard, LLC. ownership consent, the terms of this Agreement may be modified per discretion of TicketGuard, LLC.
13. Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with TicketGuard,LLC. as set forth in this Independent Subscription Marketer Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Georgia without regard to conflict of law provisions. TicketGuard, LLC. is compliant with State of Georgia statutes that govern multi-level marketing companies based and operating within the state of Georgia; refer to state statutes GA Code Section 10-1-411 through GA Code Section 10-1-417.
14. Dispute Resolution
All disputes and claims relating to TicketGuard, its Citation Protection Plans, the rights and obligations of an Independent Subscription Marketer and TicketGuard, or any other claims or causes of action relating to the performance of either an Independent Subscription Marketer or TicketGuard under the Agreement or the TicketGuard Policies and Procedures shall be settled totally and finally by arbitration as enumerated in the Policies and Procedures in Atlanta, Georgia, or such other location as TicketGuard prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. Additionally, you agree not to initiate or participate in any class action proceeding against TicketGuard, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent TicketGuard from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to safeguard and protect its 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.
15. Time Limitation
If an Independent Subscription Marketer wishes to bring an action against TicketGuard for any act or omission relating to or arising from the Agreement, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action. Independent Subscription Marketer waives all claims that any other statutes of limitations apply.
16. Miscellaneous
If any provision of the 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. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and TicketGuard and supersedes any prior agreements, understandings, and obligations between you and TicketGuard concerning the subject matter of your contract with TicketGuard.
17. Notice of Right to Cancel
You may terminate your participation in the TicketGuard Subscription Marketing Program at any time with no further obligation with the understanding that no future bonuses, residuals or commissions shall be paid to you from any existing Citation Protection Plan subscriptions caused by your effort and attributed to your plan registration count which becomes effective immediately upon date of termination or cancellation of participation in the TicketGuard, LLC. Subscription Marketer Program. You therefore agree to forfeit any and all claim(s) to future team build bonuses, team build retention bonuses, residual or commission payouts from TicketGuard, LLC.as a result of your termination of participation as a TicketGuard Subscription marketer within this particular Subscription marketing program. Furthermore, TicketGuard, LLC. Reserves the right to cancel your Independent Subscription Marketer enrollment and registration at anytime at the discretion of TicketGuard, LLC. Ownership or other designated TicketGuard, LLC. Representative. If you have Subscription Marketer account inactivity for a period of 30 calendar days, TicketGuard, LLC. Reserves the right to cancel your Subscription registration immediately at which time you will cease to receive any monetary commission payout(s)
18. Submission of Electronic W-9
Under penalty of perjury, I certify that (1) the number shown on this form is my correct taxpayer identification number or IRS EIN, and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and (3) I am a legal U.S. Citizen. Furthermore, you agree to submit valid state issued ID/Driver’s License or U.S. Passport as identification document. You understand that TicketGuard, LLC. Will provide to you an IRS 1099 Form for purpose of tax reporting. It is your responsibility to properly file my 1099 form with the IRS and or applicable state agency where required. TicketGuard, LLC. Will not submit or file any tax related forms or documents on your behalf as a result of any earnings you have or will receive from TicketGuard, LLC. You are required to complete the IRS Form 1099 provided by TicketGuard, LLC. During your Subscription registration within the TicketGuard, LLC. Website. Your payable earnings will not process for deposit without completion of IRS Form 1099.
19. Independent Subscription Marketer Enrollment
Pursuant to this agreement I understand that I must submit an enrollment fee of $29.95 which includes registration and unlimited access to your Subscription Marketer dashboard maintained via the TicketGuard website Subscription Marketer portal. I also understand that there is a monthly program fee of $29.95 in order to remain active as a TicketGuard Subscription Marketer, I understand and agree that the monthly fee of $29.95 will be debited from my supplied credit or debit card account as a recurring fee until your subscription marketer enrollment is cancelled. I further agree to receive compensation from TicketGuard, LLC. via Stripe payment processing system and furthermore relieve TicketGuard, LLC. of any processing delays or periods that may arise as a result of the ACH process within the Stripe.com processing system or any processing system utilized for ACH by your banking institution or online platform. Furthermore, you understand and agree that ACH processing of your daily team build bonus payout and your monthly team build retention bonus as well as your monthly TicketGuard Citation Protection Plan subscription residual may take up to three (3) business days to fully process and transact per processing transaction. I also agree to provide TicketGuard, LLC. with the necessary data required to process my enrollment, such as my full name, SSN/EIN (for IRS reporting), upload copy of valid state issued identification card, current mailing address, current daytime telephone number, valid email address, and must attest that you are indeed a citizen of the United States. I agree to update my personal data as needed and required. I understand and agree that I am not required to register and maintain monthly a TicketGuard Citation Protection Plan in order to register as a TicketGuard Subscription Marketer, however, I understand and agree that I am provided a TicketGuard Citation Protection Plan subscription upon enrollment as a Subscription Marketer as well as a TicketGuard Towing Reimbursement Plan. I understand and agree that TicketGuard, LLC. will compensate me $18.00 per each new Independent Subscription Marketer I sponsor at the TicketGuard Subscription marketer registration fee of $29.95. I understand and agree that TicketGuard, LLC. will compensate me $3.00 per each new Citation Protection Plan subscription registered as a direct result of your marketing efforts. I understand and agree that TicketGuard, LLC. will compensate me with a monthly residual from each Citation Protection Plan I personally generate during the monthly period for the life of the registered plan(s). I understand and agree that I must place due emphasis on generating Customers who register TicketGuard Citation Protection Plan subscription, I understand and agree that my sole efforts should not be concentrated on sponsoring new Independent Subscription Marketers for TicketGuard, LLC. and its independent subscription marketing program. I agree to fully read all content regarding the TicketGuard Subscription Marketing Program e.g. this marketing agreement and the accompanying Policies and Procedures. I understand that this particular agreement may be modified at any time without prior notice per TicketGuard, LLC.
20. Independent Subscription Marketer Compensation Breakdown
TicketGuard Subscription Marketers are compensated via a simple to understand Uni-level Downline structure enabled to grow infinitely left and right as wide as you desire.
As a TicketGuard Subscription Marketer you will receive a Team Build Retention Bonus Residuals monthly for each marketer you have recruited into your downline structure as well as receiving Daily Team Build Bonus Payouts for each new marketer you recruit into the TicketGuard Subscription Marketer program.
1. Each new referral you generate that successfully enrolls into the program you will receive $18.00 (60% Team Build Override Bonus) which will be processed and paid to your bank account the Same Day. TicketGuard will allow you to earn a 60% Team Build Retention Bonus of $18.00 for each new marketer you add to your downline into the Subscription Marketer program for a period of four (4) months as long as members of your downline remain active month to month. Which essentially, means you will receive $18.00 retention bonus that will be paid to you monthly for each member of your downline that you personally recruited or referred into the TicketGuard Subscription Marketer program. The four-month period begins upon your enrollment into the TicketGuard Subscription Marketer program.
2. After the initial four-month period you will receive $15.00 (50% Team Build Retention Bonus) for each referral you have generated and is assigned to the 1st tier of your downline. The 50% Team Build Retention Bonus will be active for a period of four months. All Team Build Retention Bonuses are paid once monthly.
3. Upon the third four-month cycle period, you will receive $10.00 (35% Team Build Retention Bonus) from each member of the first tier of your downline structure. You still receive the $18.00 (60%) Team Build Bonus for each new referral you generate and assign to the 1st tier of your downline structure.
Simple Compensation Structure Breakdown
• When you refer a new marketer to the TicketGuard Subscription Marketer Program using your unique marketing link ID they will pay an enrollment fee of $29.95. Upon their successful enrollment you will receive a TicketGuard Team Build Bonus of 60% commission and TicketGuard will process payment of $18.00 Same Day paid directly to your bank account. For each new referral developed daily TicketGuard will process your commission payment the same day.
• TicketGuard Subscription Marketers are billed a recurring program fee of $29.95 each month to remain active in the TicketGuard Subscription markerter program. TicketGuard Subscription Marketers may cancel active membership at any time without penalty or further obligation.
• TicketGuard Subscription Marketer Program Fee is billed between the 1st and 5th of each new month.
• TicketGuard Team Build Retention Bonuses are paid and distributed monthly to your bank account via ACH deposit. ACH deposits for retention bonuses are processed between the 1st and 5th of each month.
• TicketGuard Team Retention Bonuses are applicable only to your sponsored/referred subscription marketers assigned to the first tier of your downline. TicketGuard’s Subscription Marketer Program Uni-Level downline structure allows you to add as many referrals as you like to the first tier of your downline to not limit your earning potential. Team Build Retention Bonuses are paid monthly. If the sponsored or referred subscription marketer becomes inactive or cancels membership in the program you will no longer be eligible to receive a retention bonus for that sponsored referral.
TicketGuard Subscription Marketer CPP Compensation
• For each TicketGuard Citation Protection Plan subscription you develop via customers TicketGuard will compensate you with a monthly 30% commission residual of $3.00 for the life of the plan subscription. The $3.00 commission residual will be paid to you along with your applied monthly bonuses distributed between the 1st and 5th of each new month.
checking this box confirms you have read, understand, and agree to the Policies and Procedures Agreement.
Independent Subscription Marketer Agreement INDEPENDENT SUBSCRIPTION MARKETER AGREEMENT
1.0 INTRODUCTION
1.1 Mutual Commitment Statement
TicketGuard, LLC (hereafter as “TicketGuard” and the “Company”) recognizes that in order to develop a long-term and mutually rewarding relationship with its independent subscription marketing force (“Independent Subscription Marketers”; “Subscription Marketers”; “Marketers”) and “Customers” or “Consumers”
TicketGuard and its Subscription Marketers must acknowledge and respect the true nature of the relationship and support the Customers.
A. In the spirit of mutual respect and understanding, TicketGuard is committed to:
I. Provide prompt, professional, and courteous service and communications to all of its Brand Partners/Independent Subscription Marketers and Customers;
II. Pay commissions accurately and on a timely basis;
III. Implement changes in the Compensation Plan or Policies and Procedures that affect the Independent Subscription Marketers with input from the Subscription Marketers; IV. Support, protect, and defend the integrity of the TicketGuard Independent Subscription Marketer Business Opportunity.
V. Offer Brand Partners an opportunity to grow with TicketGuard with such growth guided by the principles of Servant Leadership.
B. In return, TicketGuard expects that its Independent Subscription Marketers will:
I. Conduct themselves in a professional, honest, and considerate manner;
II. Present TicketGuard Corporate and product information in an accurate and professional manner;
III. Present the Compensation Plan, Procedures and Policies in a complete and accurate manner;
IV. Not make exaggerated income claims;
V. Make reasonable effort(s) to support and train Subscription Marketers and Customers in their downline;
VI. Not engage in cross-line recruiting, unhealthy competition, or unethical business practices;
VII. Provide positive guidance and training to Subscription Marketers and Customers in their downline while exercising caution to avoid interference with other downlines. As such, an Marketer is discouraged from providing cross-line training to an Marketer or Customer in a different organization without first obtaining consent of the Affiiliate or Customer’s upline leader;
VIII. Support, protect, and defend the integrity of the TicketGuard Business Opportunity;
IX. Accurately complete and submit the Independent Subscription MarketerAgreement and any requested supporting documentation in a timely manner.
1.2 TicketGuard Policies and Compensation Plan Incorporated into the Brand Partner Agreement
A. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the TicketGuard Agreement, these Policies and Procedures, and the TicketGuard Compensation Plan.
B. It is the responsibility of the Independent Subscription Marketer to read the most current version of these Policies and Procedures (which have been emailed upon enrollment and registration or can be requested from TicketGuard, LLC.) and the TicketGuard Compensation Plan prior to his, her and/or its execution of an Independent Subscription Marketer Agreement.
1.3 Purpose of Policies
A. TicketGuard is a direct sales company that markets Citation Protection Plans through a network of sales/marketing representatives. To clearly define the relationship that exists between Independent Subscription Marketers and TicketGuard, and to explicitly set a standard for acceptable business conduct, TicketGuard has established these Policies and Procedures.
B. TicketGuard Independent Subscription Marketers are required to comply with: (i) all of the Terms and Conditions set forth in the Independent Subscription MarketerAgreement, which TicketGuard may amend from time to time in its sole discretion; (ii) all federal, state, and/or local laws governing his, her and/or its TicketGuard business and marketing efforts; and (iii) these Policies and Procedures.
C. TicketGuard Independent Subscription Marketers must review the information in these Policies and Procedures carefully. Should an Marketer have any questions regarding a policy or rule, the Marketer is encouraged to seek an answer from their upline Independent Subscription Marketer. If further clarification is needed the Marketer may contact TicketGuard Marketer Support 1-800-793-7181.
1.4 Changes, Amendments, and Modifications
A. Because federal, state, and local laws, as well as the business environment, periodically change, TicketGuard reserves the right to amend the Agreement and the price of its
TicketGuard Citation Protection Plan in its sole and absolute discretion. Notification of amendments shall be conveyed via TicketGuard email communication to affected Subscription Marketers. This provision does NOT apply to the arbitration clause found in Section 13, which can only be modified via mutual consent.
B. Any such amendment, change, or modification shall be effective immediately upon notice by one of the following methods:
I. Posting on the official TicketGuard website www.MyTicketGuard.com;
II. Electronic mail (e-mail); or
III. In writing through the TicketGuard newsletters or other TicketGuard communication channels such as social media statement releases.
1.5 Delays
TicketGuard shall not be responsible for delays or failures in performance of its obligations when such failure is due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, transportation difficulties, riot, war, fire, and/or weather, or government decrees or orders.
1.6 Effective Date
These Policies and Procedures shall become effective as of December 06, 2024.
2.0 BASIC PRINCIPLES
2.1 Becoming a TicketGuard Independent Subscription Marketer
A. To become an Independent Subscription Marketer, an applicant must comply with the following requirements:
I. Be of the age of majority (not a minor) in his or her state of residence; minimum age of 18;
II. Reside or have a valid address in the United States or U.S. territory;
III. Have a valid taxpayer identification number (i.e., Social Security Number, Federal Tax ID Number, etc.);
IV. Submit a properly completed and signed Brand Partner Agreement to TicketGuard;
V. Not be a TicketGuard employee, the Spouse of a TicketGuard employee or related to an employee of TicketGuard and living in the same household as such TicketGuard employee without authorization or approval from the TicketGuard founder and CEO Reuben Levy whether written or verbally consented and authorized.
2.2 New Independent Subscription Marketer Registration
A. A potential new Marketer may enroll via TicketGuard’s official website. In such event, instead of a physically signed Independent Subscription Marketer Agreement, TicketGuard will accept the web-enrollment and Independent Subscription Marketer Agreement by accepting the “electronic signature” stating the new Marketer has accepted the Terms and Conditions of such Independent Subscription Marketer Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Marketer and TicketGuard.
B. TicketGuard reserves the right to require signed paperwork for any account, regardless of origin.
C. If requested the signed Independent Subscription Marketer Agreement must be received by TicketGuard within fourteen (14) days of enrollment.
D. Signed documents, including, but not limited to, Marketer personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Independent Subscription Marketer Agreement.
2.3 Rights Granted
A. TicketGuard hereby grants to the Independent Subscription Marketer non-exclusive right, based upon the Terms and Conditions contained in the Independent Subscription Marketer Agreement and these Policies and Procedures, to:
I. Promote, Market, Offer, Introduce to end consumers TicketGuard Citation Protection Plans; and
II. Register new Independent Subscription Marketers in the United States and in countries where TicketGuard may become established after the effective date of these Policies and Procedures.
2.4 Identification Numbers
A. Each Independent Subscription Marketer is required to provide his or her Social Security Number, or Federal Tax Identification Number, if located in the United States or any of its territories, to TicketGuard on the Independent Subscription Marketer Agreement. TicketGuard reserves the right to withhold daily referral payments, and or monthly residual commission payments from any Marketer who fails to provide such information or who provides false information.
B. Upon enrollment, TicketGuard will provide an Marketer Identification Number to the
Independent Subscription Marketer. This number will be used to, structure downline organizations, and track commissions and bonuses.
2.5 Renewals and Expiration of the Independent Subscription Marketer Agreement
A. If the Marketer allows his or her Independent Subscription Marketer Agreement to expire due to nonpayment, the Marketer will lose all rights to his, her or its downline organization unless the Marketer re-activates within thirty calendar (30) days following the expiration of the Agreement.
B. If the former Independent Subscription Marketer-activates within the 30-day time limit, the Marketer will resume the rank and position held immediately prior to the expiration of the
Independent Subscription Marketer Agreement. However, such Marketer paid as level will not be restored unless he, she and/or an entity qualifies at that payout level in the new month. The Marketer is not eligible to receive commissions for the period that the Marketer Agreement was expired.
C. Any Independent Subscription Marketer who was terminated or whose Agreement has expired and lapsed the 30-day grace period is eligible to re-enroll as a TicketGuard Independent Subscription Marketer one (1) month following the expiration of the Marketer Agreement, exception to the thirty-day rule can be made via approval from TicketGuard, LLC.
D. The downline of the expired Brand Partner will roll up to the immediate, active upline Sponsor or may be reassigned to other available downlines as determined appropriate by TicketGuard, LLC.
2.6 Business Entities
A. A corporation, partnership, LLC, or trust (collectively referred to as a “Business Entity”) may enroll to be a TicketGuard Independent Subscription Marketer. This Independent Subscription Marketer business and position will remain temporary until the proper documents are submitted. The Business Entity must submit one of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. TicketGuard must receive these documents within fourteen (14) days from the date the Independent Subscription Marketer Agreement was signed.
B. A TicketGuard Independent Subscription Marketer may change their status from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another.
2.7 Independent Business Relationship; Indemnification for Actions
A. The TicketGuard Independent Subscription Marketer is an independent contractor, and not a purchaser of a TicketGuard, LLC. franchise or business opportunity. Therefore, each Brand Partner’s success depends on his or her independent efforts.
B. The Agreement between TicketGuard and its Independent Subscription Marketers does not create an employer/employee relationship, agency, partnership, or joint venture between TicketGuard and the Independent Subscription Marketer.
C. A TicketGuard Independent Subscription Marketer shall not be treated as an employee of
TicketGuard for any purposes, including, without limitation, for federal or state tax purposes. All Independent Subscription Marketers are responsible for paying local, state, and federal taxes due from all compensation earned as an Independent Subscription Marketer of TicketGuard. Any other compensation received by Independent Subscription Marketers from TicketGuard will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction).
The Marketer has no express or implied authority to bind TicketGuard to any obligation or to make any commitments by or on behalf of TicketGuard. Each Independent Subscription Marketer, whether acting as management of a Business Entity or represented as an individual, shall establish his or her own goals, hours, and methods of operation and marketing efforts, so long as he or she complies with the Terms of the Independent Subscription Marketer Agreement, these Policies and Procedures and applicable State, Federal and Provincial laws.
D. The TicketGuard Independent Subscription Marketer is fully responsible for all of his or her verbal and written communications made regarding TicketGuard Citation Protection Plans, and the TicketGuard Independent Subscription Marketer Compensation Plan that are not expressly contained within official TicketGuard materials. Independent Subscription Marketers shall indemnify and hold harmless TicketGuard, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by TicketGuard as a result of the Independent Subscription Marketer’s unauthorized representations or actions. This Provision shall survive the termination of the TicketGuard Independent Subscription MarketerAgreement.
2.8 Insurance
A. Business Pursuits Coverage. TicketGuard encourages Subscription Marketers to arrange insurance coverage for their business. A homeowner’s insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. TicketGuard Independent Subscription Marketers need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a “Business
Pursuit” endorsement to an existing homeowner’s policy.
2.9 Errors or Questions
A. If an Independent Subscription Marketer has questions about, or believes any errors have been made regarding commissions, bonuses, business reports, plan registrations, or charges, the Marketer must notify TicketGuard in writing within thirty (30) days of the date of the error or incident in question. Any such errors, omissions or problems not reported within 30 days shall be deemed waived by the Independent Subscription Marketer.
3.0 TICKETGUARD INDEPENDENT SUBSCRIPTION MARKETER RESPONSIBILITIES
3.1 Training and Leadership
A. Any TicketGuard Independent Subscription Marketer who encourages and registers another Independent Subscription Marketer into TicketGuard must perform an authentic assistance and training function to ensure his or her downline is properly operating his or her TicketGuard business. Independent Subscription Marketers who have structured a downline system should have ongoing contact and communication with the Independent Subscription Marketers in their downline organizations. Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voice-mail, e-mail, personal meetings, accompaniment of downline Subscription Marketers to TicketGuard meetings, training sessions and any other related functions.
B. A Sponsoring TicketGuard Independent Subscription Marketer should monitor the Subscription Marketers in his or her downline organizations to ensure that downline Subscription Marketers do not make improper business/coverage plan claims, or engage in any illegal or inappropriate conduct. Upon request, such Independent Subscription Marketer should be able to provide documented evidence to TicketGuard of his or her ongoing fulfillment of the responsibilities of an Independent Subscription Marketer managing his or her own downline of registered Subscription Marketers.
C. Upline Independent Subscription Marketers are encouraged to motivate and train new
Independent Subscription Marketers about TicketGuard’s Citation Protection Plan coverage, effective marketing techniques, the TicketGuard Compensation Plan and compliance with company Policies and Procedures.
D. Marketing Citation Protection Plan coverage is a required activity in TicketGuard and must be emphasized in all recruiting presentations.
E. We emphasize and encourage all TicketGuard Independent Subscription Marketers to market and encourage consumers to register TicketGuard Citation Protection Plan coverage.
F. Use of Sales Aids. To promote and effectively market both the Citation Protection Plan and the opportunity TicketGuard offers, Independent Subscription Marketers must use the sales aids and support materials produced by TicketGuard. If TicketGuard Subscription Marketers develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding Brand
Partners’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the TicketGuard business. These violations, although they may be relatively few in numbers, could jeopardize the TicketGuard opportunity for all Subscription Marketers. Accordingly, Independent Subscription Marketers must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use. All Independent Subscription Marketers shall safeguard and promote the good reputation of TicketGuard and its Citation Protection Plan product. The marketing and promotion of TicketGuard, the TicketGuard opportunity, the Compensation Plan, and TicketGuard products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
3.3 Constructive Criticism; Ethics
A. TicketGuard desires to provide its Independent Subscription Marketers with a truly unique product and service and a competitive Compensation Plan. Accordingly, TicketGuard values constructive criticism and encourages the submission of written comments addressed to TicketGuard Independent Marketer department.
B. Negative and disparaging comments about TicketGuard, its Citation Protection Plan or Compensation Plan, by Independent Subscription Marketers to TicketGuard, in the Field or at TicketGuard meetings or events, or disruptive behavior at TicketGuard meetings or events, serve no purpose other than to dampen the enthusiasm of other TicketGuard Independent Subscription Marketers. TicketGuard Independent Subscription Marketers must not belittle TicketGuard, other TicketGuard Subscription Marketers, TicketGuard products or services, the Compensation Plan, or TicketGuard directors, officers, or employees. Such conduct represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by TicketGuard not to exclude termination of the applicable Independent Subscription Marketer Agreement.
C. TicketGuard endorses the following code of ethics:
I. A TicketGuard Independent Subscription Marketer must show fairness, tolerance, and respect to all people associated with TicketGuard, regardless of race, gender, social class or religion, thereby fostering a “positive atmosphere” of teamwork, good morale and community spirit. II. A Marketer shall strive to resolve business issues, including situations with upline and downline Brand Partners, by emphasizing tact, sensitivity, good will and taking care not to create additional problems.
III. TicketGuard Independent Subscription Marketers must be honest, responsible, professional and conduct themselves with integrity.
IV. TicketGuard Independent Subscription Marketers shall not make disparaging statements about TicketGuard, other Independent Subscription Marketers, TicketGuard employees, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
D. TicketGuard may take appropriate action against an Independent Subscription Marketer if it determines, in its sole discretion, that an Marketer’s conduct is detrimental, disruptive, or injurious to TicketGuard or to other TicketGuard Subscription Marketers.
3.4 Reporting Policy Violation
A. An Independent Subscription Marketer who observes a policy violation by another Independent Subscription Marketer should submit a written and signed letter (e-mail will not be accepted) of the violation directly to the TicketGuard Corporate office. The letter shall set forth the details of the incident as follows:
I. The nature of the violation;
II. Specific facts to support the allegations;
III. Dates;
IV. Number of occurrences;
V. Persons involved; and
VI. Supporting documentation
B. Once the matter has been presented to TicketGuard, it will be researched thoroughly by the Compliance department and appropriate action will be taken if required.
C. This section refers to the general reporting of Policy violations as observed by other Independent Subscription Marketers for the mutual effort to support, protect, and defend the integrity of the TicketGuard business and opportunity. If an Marketer has a grievance or complaint against another Marketer which directly relates to his or her TicketGuard business, the Procedures set forth in these Policies must be followed.
3.5 Sponsorship
A. The Sponsor is the person who introduces an Independent Subscription Marketer or Customer to TicketGuard, helps them complete their enrollment, and supports and trains those in their downline.
B. TicketGuard requires that Independent Subscription Marketers who actually encourage and successfully register any other person to register a TicketGuard Citation Protection Plan or either register as an Independent Subscription Marketer must utilize the provided TicketGuard Marketer Identification Link and request that the individual(s) register via the link in order to be attributed the registration(s).
I. Physically signed TicketGuard Independent Subscription Marketer Agreement on file; or
II. Electronically signed Independent Subscription Marketer Agreement from the official TicketGuard website at www.ticketguardusa.com.
C. An Independent Subscription Marketer Agreement that contains notations such as “by phone” or the signatures of other individuals (i.e., Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by TicketGuard.
D. TicketGuard recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but TicketGuard will not allow Independent Subscription Marketers to engage in unethical sponsoring activities.
E. All active Subscription Marketers in good standing have the right to Sponsor and enroll others into
TicketGuard. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Independent Subscription Marketer will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Independent Marketer
Marketer who presented a comprehensive introduction to TicketGuard’s product or business opportunity.
F. A Protected Prospect is a guest of any TicketGuard Independent Subscription Marketer or Customer who attended a TicketGuard event or conference call. For sixty (60) days following the event, a Protected Prospect cannot be solicited or sponsored by any other TicketGuard Independent Subscription Marketer who attended the same event. A TicketGuard event can be defined as the following:
I. Any TicketGuard training session;
II. Conference call;
III. Fly-in meeting; or
IV. Presentation, including but not limited to a TicketGuard at home presentation, whether sponsored by TicketGuard, an Independent Subscription Marketer, a Customer, or an agent or agency designated by TicketGuard.
3.6 Cross Sponsoring Prohibition
A. “Cross sponsoring” is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Independent Subscription Marketer Agreement. Actual or attempted cross sponsoring is not allowed. If cross sponsoring is verified by TicketGuard, sanctions up to and including termination of an Independent Subscription Marketer Agreement may be imposed.
B. The use of a Spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this Policy is not permitted.
C. This Policy does not prohibit the transfer of a TicketGuard business in accordance with TicketGuard Sale or Transfer Policy set forth in these Policies.
3.7 Adherence to the TicketGuard Compensation Plan
A. An Independent Subscription Marketer must adhere to the Terms of the TicketGuard Compensation Plan as set forth in these Policies and Procedures. Deviation from the Compensation Plan is prohibited.
B. An Independent Subscription Marketer shall not offer the TicketGuard opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official TicketGuard literature or other official communication.
C. An Marketer shall not require or encourage a current or prospective Customer or Independent
Marketer Marketer to participate in TicketGuard in any manner that varies from the Compensation Plan as set forth in official TicketGuard literature. Purchase of product is not required to become a TicketGuard Independent Subscription Marketer.
D. An Marketer shall not require or encourage a current or prospective Customer or Marketer to make a purchase from or payment to any individual or other entity as a condition to participating in the TicketGuard Compensation Plan, other than such purchases or payments required to naturally build their business.
3.8 Adherence to Laws and Ordinances
A. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Independent Subscription Marketers because of the nature of the business. However, Subscription Marketers must check their local laws and obey the laws that do apply to them.
B. A TicketGuard Independent Subscription Marketer shall comply with all federal, state, and local laws and regulations in their conduct of his or her TicketGuard business and marketing efforts.
3.9 Compliance with Applicable Income Tax Laws
A. TicketGuard will automatically provide a complete 1099 Miscellaneous Income Tax form
(nonemployee compensation) to each US Marketer whose earnings for the year is at least $500, or who received trips, prizes or awards valued at $500 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Independent Subscription Marketer, and a minimum charge of $20 may be assessed by TicketGuard.
B. An Independent Subscription Marketer accepts sole responsibility for and agrees to pay all federal, state, and local taxes on any income generated as an Independent Subscription Marketer, and further agrees to indemnify TicketGuard from any failure to pay such tax amounts when due.
C. If an Marketer’s business is tax exempt, the Federal Tax Identification number must be provided to TicketGuard in writing.
D. TicketGuard encourages all Independent Subscription Marketers to consult with a tax advisor for additional information for their business and earnings.
3.10 One TicketGuard Business Per Independent Subscription Marketer
An Independent Subscription Marketer may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) TicketGuard business. No individual may have, operate or receive compensation from more than one TicketGuard businesses. Individuals of the same family unit may each enter into or have an interest in their own separate TicketGuard businesses, only if each
subsequent family position is placed frontline to the first family member enrolled. A “family unit” is defined as Spouses and dependent children living at or doing business at the same address.
3.11 Actions of Household Members or Marketerd Parties
If any member of an Marketer’s immediate household engages in any activity which, if performed by the Independent Subscription Marketer, would violate any provision of the Agreement, such activity will be deemed a violation by the Marketer and TicketGuard may take disciplinary action pursuant to these Policies and Procedures against the Independent Subscription Marketer. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity
(collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and TicketGuard may take disciplinary action against the Business Entity. Likewise, if an Independent Subscription Marketer enrolls in TicketGuard as a Business Entity, each Marketed Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement.
3.12 No Violation of Previous Agreement
You agree that you are not currently in material breach of, and will not during the term of this Agreement be in material breach of, any other contract, obligation, or covenant that would affect your ability to perform hereunder, and as a result of entering into this Agreement, will not materially breach any contract, obligation or covenant (such as a covenant not to compete located in a prior agreement).
3.13 Solicitation for Other Companies or Products
A. A TicketGuard Independent Subscription Marketer may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, a TicketGuard Independent Subscription Marketer may not recruit any TicketGuard Independent Subscription Marketer Customer for any other direct sales or network marketing business, unless that Marketer or Customer was personally sponsored by such Independent Subscription Marketer.
B. The term “recruit” means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Independent Subscription Marketer Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Independent Subscription Marketers actions are in response to an inquiry made by another Independent Subscription Marketer Customer.
C. During the term of this Agreement and for a period of six (6) months thereafter, any
TicketGuard Independent Subscription Marketer must not sell, or entice others to sell, any competing product(s) or service(s), including training materials, to TicketGuard Customers or Independent Subscription Marketers. Any product or service in the same category as a TicketGuard product or service is deemed to be competing (i.e., any competing product or service regardless of differences in cost or quality. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor’s offices, clinics, health clubs, spas, and beauty salons).
D. However, a TicketGuard Independent Subscription Marketer may sell non-competing products or services to TicketGuard Customers and TicketGuard Independent Subscription Marketers that they personally sponsored.
E. A TicketGuard Independent Subscription Marketermay not display or bundle TicketGuard products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Independent Marketer into believing there is a relationship between the TicketGuard and non-TicketGuard products and services.
F. A TicketGuard Independent Subscription Marketer may not offer any non-TicketGuard opportunity, products or services at any TicketGuard related meeting, seminar or convention, or immediately following a TicketGuard event.
G. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between TicketGuard and its Independent Subscription Marketers and would inflict irreparable harm on TicketGuard. In such event, TicketGuard may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Independent Subscription Marketer(s) or such Independent Subscription Marketer Agreement including termination, or seek immediate injunctive relief without the necessity of posting a bond.
3.14 Presentation of the TicketGuard Opportunity
A. In presenting the TicketGuard opportunity and product(s) to potential Customers and Independent Subscription Marketer, the presenting Marketer is required to comply with the following provisions:
I. An Independent Subscription Marketer shall not misquote or omit any significant material fact about the TicketGuard Independent Subscription Marketer Compensation Plan.
II. An Marketer shall make it clear that the Compensation Plan is based upon sales of TicketGuard Citation Protection Plans and upon the sponsoring of other Independent Subscription Marketers.
III. A presenting Independent Subscription Marketer shall make it clear that success can be achieved only through substantial independent efforts.
IV. A TicketGuard Independent Subscription Marketer shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the TicketGuard opportunity or Compensation Plan to prospective Independent Subscription Marketers or Customers.
V. An Marketer may not make any claims regarding TicketGuard Citation Protection Plan coverage offered by TicketGuard, except those contained in official TicketGuard literature. VI. An Independent Subscription Marketer may not use official TicketGuard material to promote the
TicketGuard business opportunity in any country where TicketGuard has not established a
“presence.”
VII. In an effort to conduct best business practices, TicketGuard will make available upon written request to any Independent Subscription Marketer copy(s) of their TicketGuard earnings in order to present to prospective Independent Subscription Marketer(s) or Customer(s) regarding actual potential earnings as a TicketGuard Independent Subscription Marketer. The TicketGuard earnings statement is designed to convey truthful, timely, and comprehensive information regarding the income that TicketGuard Independent Subscription Marketer(s) earn. In order to accomplish this objective, a copy of the earnings statement may be presented to all prospective Subscription Marketers or Customers. A copy of the earnings statement may be presented to a prospective Brand Partner anytime the TicketGuard Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include; (1) statements of average earnings, (2) statements of non-average earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims. Examples of “statements of non-average earnings” include, “Our number one Independent Subscription Marketer earned over a million dollars last year” or “Our average ranking Marketer makes five thousand per month.” An example of a “statement of earnings ranges” is “The monthly income for our higher-ranking Independent Subscription Marketers ten thousand dollars on the low end to thirty thousand dollars a month on the high end.”
3.15 Sales Requirements Are Governed by the Compensation Plan
A. There are no exclusive territories granted to anyone. No franchise fees are applicable to a TicketGuard business.
B. The TicketGuard program is built on sales to the ultimate end-consumer. TicketGuard requires its Independent Subscription Marketers to register a TicketGuard Citation Protection Plan at the time of Marketer registration in order to certify to prospective Customers or Independent Subscription Marketers that they also have Citation Protection Plan coverage as they are also encouraging the prospect to also register Citation Protection Plan coverage.
C. TicketGuard Independent Subscription Marketers are required to maintain said coverage on a month to month basis and may elect to cancel said coverage at any time without penalty or further obligation. TicketGuard requires that all Independent Subscription Marketers maintain in good standing their TicketGuard Citation Protection Plan on a monthly basis in order to qualify as an Independent Subscription Marketer. In the event an Independent Subscription Marketer allows their
TicketGuard Citation Protection Plan coverage to lapse and be cancelled, that Independent
Marketer will have five (5) business days after cancellation to reactivate their Citation
Protection Plan without interruption to their Marketer status and ranking. However, if any
TicketGuard Independent Subscription Marketer fails or elects not to reactivate their TicketGuard Citation Protection Plan coverage TicketGuard will immediately cancel the applicable Marketer status and ranking and no further compensation arising from sales and or downline earnings will be attributed to the affected Marketer(s).
D. TicketGuard emphasizes that Independent Subscription Marketers must commit their marketing efforts to encouraging end-consumers to register TicketGuard Citation Protection Plan coverage which is TicketGuard’s primary product. TicketGuard Independent Subscription Marketers are allowed to encourage individuals to also review the TicketGuard opportunity and consider registering as a TicketGuard Independent Subscription Marketerin order to build a marketing force.
E. The TicketGuard Compensation Plan is intended to encourage registration of TicketGuard Citation Protection Plans primarily. Subscription Marketers should not dedicate themselves to solely registering new Subscription Marketers in order to take advantage of the referral compensation payout(s).
4.0 CITATION PROTECTION PLAN REGISTRATIONS
4.1 General Registration Policies
A. “Bonus Registrations” is strictly and absolutely prohibited. Bonus Registration includes; (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; (b) the fraudulent enrollment of an individual or entity as an Marketer or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or Business Entities as Subscription Marketers or Customers (“phantoms”); (d) registering TicketGuard Citation Protection Plans on behalf of another Marketer or Customer, or under another Independent Subscription Marketer’s or Customer’s ID number, to qualify for commissions or bonuses; (e) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers. An Marketer shall not use another Marketer’s or Customer’s credit card or debit checking account to enroll in TicketGuard or register TicketGuard Citation
Protection Plan coverage without the account holder’s written permission. Such documentation must be kept by the Marketer indefinitely in case TicketGuard needs to reference this.
B. Regarding a registration with an invalid or incorrect payment, TicketGuard will attempt to contact the Marketer or Customer by phone, mail or e-mail in order to obtain another form of payment. If these attempts are unsuccessful after five (5) business days, the registration will be canceled.
C. If an Marketer wants to move an order to another Marketer’s position, he or she must have prior authorization, of all parties involved. TicketGuard will charge the Brand Partner a $20 fee for processing.
D. TicketGuard Citation Protection Plan coverage monthly premiums are subject to change without notice as well as modification(s) to the TicketGuard Independent Subscription Marketer Compensation Plan may be instituted without notice. TicketGuard reserves to right to apply any changes or modifications to the Compensation Plan that may or may not be applicable to already existing TicketGuard Independent Subscription Marketers registered before such change(s) or modification(s).
4.3 Tax Obligation
A. TicketGuard encourages each Independent Subscription Marketer to consult with a tax advisor for additional information for his or her business as it would relate to income reporting statutes.
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5.0 PAYMENT OF COMMISSIONS & BONUSES
5.1 Bonus and Commission Qualifications
A. An Independent Subscription Marketer must be active and in compliance with TicketGuard Policies and Procedures to qualify for bonuses, commissions, or residual earnings. So long as an Marketer complies with the current Terms of the Agreement, TicketGuard shall pay commissions to such Independent Subscription Marketer in accordance with the current TicketGuard Compensation Plan as it relates to individuals registered into the Network Marketing component of the TicketGuard Independent Subscription Marketer sales program.
B. TicketGuard will not issue a payment to an Independent Subscription Marketer without the receipt of a completed and signed TicketGuard Independent Subscription Marketer Agreement or Electronic Authorization.
C. TicketGuard reserves the right to postpone bonus and commission payments until such time the cumulative amount exceeds $25.
5.2 Computation of Commissions and Discrepancies
A. In order to qualify to receive commissions and bonuses, a TicketGuard Independent Marketer
Marketer must be in good standing and comply with the Terms of the Agreement and these Policies and Procedures. Commissions, bonuses, overrides, and achievement levels are calculated each five (5) business days.
B. A TicketGuard Independent Subscription Marketer must review his or her weekly statement and bonus/commission reports promptly and report any discrepancies within ten (10) business days of receipt. After the 10-day “grace period” no additional requests will be considered for commission recalculations.
C. For additional information on payment of commissions, please review the Compensation Plan.
5.3 Adjustments to Bonuses and Commissions for Returned Products or Brand Partner Memberships.
A. An Independent Subscription Marketer receives bonuses and commissions based on the actual sales of TicketGuard Citation Protection Plan(s) to end consumers and successful registration of new Independent Subscription Marketers into TicketGuard.
When a TicketGuard Citation Protection Plan or Independent Subscription Marketer registration is cancelled within 72 hours of registration and TicketGuard is warranted to refund received funds related to the applicable registration of product by any end consumer or Marketer opportunity, the bonuses and commissions attributable to the registration(s) will be deducted from the Independent Subscription Marketer who received bonuses or commissions on such sale(s) and or Marketer registration(s). Deductions will occur in the month in which the refund is given and continue every pay period thereafter until the bonus/and or commission is recovered.
B. In the event that a Brand Partner terminates his or her Brand Partnership, and the amounts of the bonuses or commissions attributable to the refunded registration(s) have not yet been fully recovered by TicketGuard, the remainder of the outstanding balance may be offset against any other amounts that may be owed by TicketGuard to the terminated Independent Subscription Marketer.
6.0 Cancellation Policy and Process
TicketGuard allows end consumers as well as any registered Independent Subscription Marketerto cancel Citation Protection Plan coverage and or Independent Subscription Marketerparticipation at any time without any further obligation or penalty. (i)TicketGuard requires that any consumer or Marketer return to www.myticketguard.com and cancel coverage or participation. (ii) TicketGuard requires that you also contact PayPal and notify them that you wish to cancel the recurring monthly payment option against your supplied credit or debit account as it pertains to TicketGuard as all payments for plan coverage and Marketer registration payments are performed by PayPal on behalf of TicketGuard, LLC. (iii) In the event TicketGuard processed your payment via another payment processor TicketGuard will effectively cancel any further payment for product or Marketer participation. For any further questions or concerns regarding cancellation of any TicketGuard Citation Protection Plan or Independent Subscription Marketer participation please contact TicketGuard Corporate via email or telephone.
7.0 PRIVACY POLICY
7.1 Introduction
This Privacy Policy is to ensure that all Customers and Independent Subscription Marketers understand and adhere to the basic principles of confidentiality.
7.2 Expectation of Privacy
A. TicketGuard recognizes and respects the importance its Customers and Subscription Marketers place on the privacy of their financial and personal information. TicketGuard will make reasonable efforts to safeguard the privacy of, and maintain the confidentiality of its Customers’ and Subscription Marketers financial and account information and nonpublic personal information.
B. By entering into the Independent Subscription Marketer Agreement, an Marketer authorizes
TicketGuard to disclose his or her name and contact information to upline Independent Subscription Marketers solely for activities related to the furtherance of the TicketGuard business. An Marketer hereby agrees to maintain the confidentiality and security of such information and to use it solely for the purpose of supporting and servicing his or her downline organization and conducting the TicketGuard business.
7.3 Employee Access to Information
TicketGuard limits the number of employees who have access to Customer’s and Independent Subscription Marketers nonpublic personal information, TicketGuard, LLC. understands the importance of not compromising customer or marketer personal data and will vigorously pursue and prosecute any TicketGuard employee who steals or attempts to steal any data from TicketGuard customers or marketers to include such data as social security numbers, banking information, birth dates, residential addresses, and any other pertinent data that can be used to compromise the customer or marketer.
7.4 Restrictions on the Disclosure of Account Information
A. TicketGuard will not share non-public personal information or financial information about current or former Customers or Subscription Marketers’ with third parties, except as permitted or required by laws and regulations, court orders, or to serve the Customers’ or Subscription Marketers’ interests or to enforce its rights or obligations under these Policies and Procedures, or Independent Subscription Marketer Agreement or with written permission from the accountholder on file.
8.0 PROPRIETARY INFORMATION AND TRADE SECRETS
8.1 Business Reports, Lists, and Proprietary Information
A. By completing and signing the TicketGuard Independent Subscription Marketer Agreement, the acknowledges that Business Reports, lists of Customer and Independent Subscription Marketer names and contact information and any other information, which contain financial, or other information both written or otherwise circulated by TicketGuard pertaining to the business of TicketGuard (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to TicketGuard.
8.2 Obligation of Confidentiality
A. During the Term of the TicketGuard Independent Subscription Marketer Agreement and for a period of five (5) years after the termination or expiration of the Agreement between the Independent Subscription Marketer and TicketGuard, the Marketer shall not:
I. Use the information in the Reports to compete with TicketGuard or for any purpose other than promoting his or her TicketGuard Independent Subscription Marketer business;
II. Use or disclose to any person or entity any confidential information contained in the Reports, including the replication of the genealogy in another network marketing company.
8.3 Breach and Remedies
A. The Marketer acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to TicketGuard and to independent TicketGuard businesses. TicketGuard and its Independent Subscription Marketers will be entitled to injunctive relief or to recover damages against any Marketer who violates this provision in any action to enforce its rights under this section. The prevailing party shall be entitled to an award of attorney’s fees, court costs, and expenses.
8.4 Return of Materials
A. Upon demand by TicketGuard, any current or former Brand Partner will return the original and all copies of all “Reports” to TicketGuard together with any TicketGuard confidential information in such person’s possession.
9.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
9.1 Outside Marketing, Convention/EXPO, Commercial Partners
A. An Independent Subscription Marketer may promote, market and register TicketGuard Citation Protection Plans and display the TicketGuard trade name at any appropriate display booth (such as car races, festivals, expos) upon prior written approval from TicketGuard.
B. TicketGuard reserves the right to refuse authorization to participate at any function that it does not deem a suitable forum for the promotion of its product, or the TicketGuard opportunity.
C. TicketGuard Independent Subscription Marketers are allowed to promote, market, and register Citation Protection Plan subscription as well as the TicketGuard Independent Subscription Marketer opportunity anywhere there are large mass of consumers such as festivals, expos, car races, malls, football games, high school booster clubs, college/university campuses, car shows, church organizations etc…
D. TicketGuard allows Subscription Marketers to partner with entities such as local car insurers, new/used car dealerships, tire retailers, booster clubs, organizations, gas retailers, and so on… in order to establish registration as Subscription Marketers and grow the marketing force of the Independent Subscription Marketer downline structure.
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9.2 Use of Company Names and Protected Materials
A. A TicketGuard Independent Subscription Marketer must safeguard and promote the good reputation of TicketGuard and the Citation Protection Plan coverage product it markets. The marketing and promotion of TicketGuard, the TicketGuard Independent Subscription Marketer opportunity, the Compensation Plan, and TicketGuard Citation Protection Plan will be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct and practices.
B. All promotional materials supplied or created by TicketGuard must be used in their original form and cannot be changed, amended or altered except with prior written approval from the TicketGuard Compliance department.
C. The name of TicketGuard, its product name (Citation Protection Plan) in connection with its business are proprietary trade names, trademarks and service marks of TicketGuard, LLC. As such, these marks are of great value to TicketGuard, LLC. and are supplied to Independent Subscription Marketers for their use only in an expressly authorized manner.
D. A TicketGuard Marketer’s use of the name or logo “TicketGuard” is restricted to protect TicketGuard, LLC. proprietary rights, ensuring that the TicketGuard protected name/logo will not be lost or compromised by unauthorized use. Use of the TicketGuard name logo/ is prohibited except as follows:
I. [Marketer’s name] TicketGuard Independent Subscription Marketer.
II. [Marketer’s name] Independent TicketGuard Marketer.
E. Further procedures relating to the use of the TicketGuard name/logo are as follows:
I. All stationary (i.e., letterhead, envelopes, and business cards) bearing the TicketGuard name or logo intended for use by the Marketer must be approved in writing by the TicketGuard Compliance department.
II. TicketGuard Marketer’s may list “TicketGuard Independent Subscription Marketer” within various online marketing platforms for purpose of marketing the TicketGuard Citation Protection Plan as well as the TicketGuard Independent Subscription Marketer opportunity .
III. TicketGuard Independent Subscription Marketer’s may not use the name TicketGuard in answering his or her telephone, creating a voice message or using an answering service, such as to give the impression to the caller that they have reached the corporate office. They may verbally state, “TicketGuard Independent Subscription Marketer” for purpose of introduction.
F. Certain photos and graphic images used presently or in the future by TicketGuard in its advertising, packaging, and websites may be the result of paid contracts with outside vendors that do not extend to TicketGuard Marketer’s. If an Marketer wants to use these photos or graphic images, they may be required to negotiate individual contracts with the vendors for a fee. However, any photos and graphic images utilized by TicketGuard that or not of contractual obligation(s) or use of work tenet(s) Subscription Marketers are authorized to use such images or graphics within the parameters of this Agreement.
G. A TicketGuard Marketer shall not appear on or make use of television or radio, or make use of any other media to promote or discuss TicketGuard or its Citation Protection Plan coverage product without prior written permission from the TicketGuard Compliance department.
H. An Marketer may not produce for sale or distribution any Company event or speech, nor may an Marketer reproduce TicketGuard audio or video clips for sale or for personal use without prior written permission from the TicketGuard Compliance department.
I. TicketGuard reserves the right to rescind its prior approval of any sales aid or promotional material to comply with changing laws and regulations and may request the removal from the marketplace of such materials without financial obligation to the affected TicketGuard Marketer.
J. An Marketer shall not promote non-TicketGuard products or services in conjunction with TicketGuard Citation Protection Plans on the same websites or same advertisement without prior approval from TicketGuard Compliance.
9.3 E-mail – Limitations
A. Except as provided in this section, a TicketGuard Marketer may not use or transmit unsolicited email, mass email distribution, or “spamming” that advertises or promotes the operation of his or her TicketGuard business. The exceptions are:
I. E-mailing any person who has given prior permission or invitation;
II. E-mailing any person with whom the Marketer has established a prior business or personal relationship.
B. In all states or territories where prohibited by law, a TicketGuard Independent Subscription Marketer may not transmit, or cause to be transmitted through a third party, (by telephone, facsimile, computer or other device), an unsolicited advertisement to any equipment, which has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1 or any other signal carrying device, except as set forth in this section.
C. All e-mail or computer broadcasted documents subject to this provision shall include each of the following:
I. A clear and obvious identification that the e-mail message is an advertisement or solicitation. The words “advertisement” or “solicitation” should appear in the subject line of the message;
II. A clear return path or routing information;
III. The use of legal and proper domain name;
IV. A clear and obvious notice of the opportunity to decline to receive further commercial e-mail messages from the sender;
V. Unsubscribe or opt-out instructions should be the very first text in the body of the message box in the same size text as the majority of the message;
VI. The true and correct name of the sender, valid senders e-mail address, and a valid sender physical address;
VII. The date and time of the transmission.
VIII. Upon notification by recipient of his or her request not to receive further e-mailed documents, a TicketGuard Marketer shall not transmit any further documents to that recipient.
D. All e-mail or computer broadcasted documents subject to this provision shall not include any of the following:
I. Use of any third-party domain name without permission; II. Sexually explicit materials.
9.4 Internet and Third-Party Website Restrictions
A. A TicketGuard Marketer may not use or attempt to register any of TicketGuard trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, e-mail addresses, web pages, or blogs.
B. A TicketGuard Independent Subscription Marketer may not sell TicketGuard Citation Protection Plan or offer the TicketGuard Business Opportunity using “online auctions,” such as eBay®.
C. TicketGuard Citation Protection Plans may not be displayed with other products or services.
Use of Social Media for Purpose of Promotion & Marketing of TicketGuard
D. Social media sites may be used to register or offer the TicketGuard Citation Protection Plan and the TicketGuard Independent Subscription Marketer Opportunity to Customers and or Marketer Prospects.
PROFILES A TICKETGUARD MARKETER GENERATES IN ANY SOCIAL COMMUNITY
WHERE TICKETGUARD CITATION PROTECTION PLANS OR THE TICKETGUARD
BUSINESS OPPORTUNITY IS DISCUSSED OR MENTIONED MUST CLEARLY IDENTIFY
THE MARKETER AS A TICKETGUARD INDEPENDENT SUBSCRIPTION MARKETER, and when a Marketer participates in those communities, TicketGuard Subscription Marketers must avoid inappropriate conversations, comments, images, video, audio, applications, or any other adult, profane, discriminatory, or vulgar content. The determination of what is inappropriate is at the sole discretion of TicketGuard, and offending TicketGuard Subscription Marketers will be subject to disciplinary action. Banner ads and images used on these sites must be current and must come from the TicketGuard approved library and be produced only by TicketGuard. If a link is provided, it must be the official TicketGuard Independent Subscription Marketer ID link supplied at registration.
E. Anonymous postings or use of an alias on any Social Media site or online marketing platform is prohibited, and offending Subscription Marketers will be subject to disciplinary action.
F. TicketGuard Subscription Marketers may not use blog spam, spamdexing, or any other mass-replicated methods to leave blog comments. Comments TicketGuard Subscription Marketers create or leave must be useful, unique, relevant, and specific to the blog’s article.
G. TicketGuard Subscription Marketers must disclose their full name on all Social Media postings, and conspicuously identify themselves as an Independent Subscription Marketer for TicketGuard.
Anonymous postings or use of an alias is prohibited.
H. Postings that are false, misleading, or deceptive are prohibited. This includes, but is not limited to, false or deceptive postings relating to the TicketGuard income opportunity,
TicketGuard’s Citation Protection Plan coverage product, and/or your biographical information and credentials.
I. TicketGuard Subscription Marketers are personally responsible for their postings and all other online activity that relates to TicketGuard. Therefore, even if an Marketer does not own or operate a blog or Social Media site, if an Marketer posts to any such site that relates to TicketGuard or which can be traced to TicketGuard, the Marketer is responsible for the posting. Subscription Marketers are also responsible for postings which occur on any blog or Social Media site that the TicketGuard Marketer owns, operates, or controls.
J. As a TicketGuard Marketer, it is important to not converse with any person who places a negative post against you, other TicketGuard Subscription Marketers, or TicketGuard. Report negative posts to TicketGuard at support@ticketguardusa.com. Responding to such negative posts often simply fuels a discussion with someone carrying a grudge that does not hold themselves to the same high standards as TicketGuard, and therefore damages the reputation and goodwill of TicketGuard.
K. The distinction between a Social Media site and a website may not be clear-cut, because some Social Media sites are particularly robust, TicketGuard therefore reserves the sole and exclusive right to classify certain Social Media sites as third-party websites and require that
TicketGuard Marketer’s using, or who wish to use, such sites adhere to the TicketGuard policies relating to third-party websites.
L. If your TicketGuard business is canceled for any reason, you must discontinue using the TicketGuard name, and all TicketGuard trademarks, trade names, service marks, and other intellectual property, and all derivatives of such marks and intellectual property, in any postings and all Social Media sites that you utilize. If you post on any Social Media site on which you have previously identified yourself as an independent TicketGuard Marketer Marketer, you must conspicuously disclose that you are no longer an TicketGuard Independent Subscription Marketer.
M. Failure to comply with these Policies for conducting business online may result in the
TicketGuard Independent Subscription Marketer losing their right to advertise and market
TicketGuard Citation Protection Plans and TicketGuard’s business opportunity online in addition to any other disciplinary action available under the Policies and Procedures.
9.5 Advertising and Promotional Materials
A. You may not advertise any TicketGuard Citation Protection Plan product at a price LESS than the highest company published, established monthly premium price of indicated plan product. No special enticement advertising is allowed. This includes, but is not limited to, offers of free membership, or other such offers that grant advantages beyond those available through the Company or offered by the Company during an official promotional campaign.
B. Advertising and all forms of communications must adhere to principles of honesty and propriety.
C. All advertising, including, but not limited to, print, Internet, computer bulletin boards, television, radio, etc., are subject to prior written approval by the TicketGuard Compliance department.
D. All requests for approvals with respect to advertising must be directed in writing to the TicketGuard Compliance department. E. Blind ads are not permitted.
9.6 Testimonial Permission
A. By signing the TicketGuard Independent Subscription Marketer Agreement, an Marketer gives TicketGuard permission to use his or her testimonial or image and likeness in corporate sales materials, including but not limited to print media, electronic media, audio and video. In consideration of being allowed to participate in the TicketGuard Business Opportunity, a TicketGuard Marketer waives any right to be compensated for the use of his or her testimonial or image and likeness even though TicketGuard may be paid for or even ultimately earn revenue as a result of items or sales materials containing such image and likeness. In some cases, an
Marketer’s testimonial may appear in another Marketer’s advertising materials.
9.7 Telemarketing – Limitations
A. TicketGuard Independent Subscription Marketers must not engage in telemarketing in relation to the operation of the Subscription Marketers TicketGuard business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the registration of TicketGuard Citation Protection Plans, or to recruit them for the TicketGuard opportunity.
B. The Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”) each have laws that restrict telemarketing practices. Both Federal agencies, as well as a number of States have “do not call” regulations as part of their telemarketing laws.
C. While a TicketGuard Marketer may not consider himself or herself a “telemarketer” in the traditional sense, these regulations broadly define the term “telemarketer” and “telemarketing” so that the unintentional action of calling someone whose telephone number is listed on the
Federal “Do Not Call” registry could cause the TicketGuard Marketer to violate the law. These regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation).
D. “Cold calls” or “state-to-state calls” made to prospective Customers, or Subscription Marketers that promote either TicketGuard Citation Protection Plans or the TicketGuard opportunity is considered telemarketing and is prohibited. E. Exceptions to Telemarketing Regulations
A TicketGuard Independent Subscription Marketer may place telephone calls to prospective Customers, or Brand Partners under the following limited situations:
I. If the Marketer has an established business relationship with the prospect;
II. In response to the prospect’s personal inquiry or registration regarding TicketGuard Citation Protection Plans or the TicketGuard Opportunity offered by the TicketGuard Marketer, within three (3) months immediately before the date of such a call;
III. If the TicketGuard Marketer receives written and signed permission from the prospect authorizing the Marketer to call;
IV. If the call is to family members, personal friends, and acquaintances. However, if a TicketGuard Marketer makes a habit of collecting business cards from everyone he/she meets and subsequently calls them, the FTC may consider this a form of telemarketing that is not subject to this exemption;
V. TicketGuard Independent Subscription Marketers engaged in calling “acquaintances,” must make such calls on an occasional basis only and not as a routine practice.
F. TicketGuard Subscription Marketers shall not use automatic telephone dialing systems in the operation of his or her TicketGuard businesses.
G. Failure to abide by TicketGuard policies or regulations as set forth by the FTC and FCC regarding telemarketing may lead to sanctions against the Agreement, up to and including termination of the TicketGuard Independent Subscription MarketerAgreement.
H. By signing the Agreement, or by accepting commission checks, other payments or awards from TicketGuard, an Marketer gives permission to TicketGuard and other TicketGuard Subscription Marketers to contact them as permitted under the Federal Do Not Call regulations.
I. In the event an Marketer violates this section, TicketGuard reserves the right to institute legal proceedings to obtain monetary or equitable relief.
10.0 INTERNATIONAL MARKETING
10.1 International Marketing Policy
A. A TicketGuard Independent Subscription Marketer is authorized to promote, market, and register
TicketGuard Citation Protection Plans and the TicketGuard Opportunity, to Customers and Subscription Marketers only in the countries in which TicketGuard is authorized to conduct business, according to the Policies and Procedures of each country. TicketGuard Subscription Marketers may not promote, market, or register TicketGuard Citation Protection Plans or the TicketGuard Opportunity in any country where TicketGuard operations have not received applicable government authorization or approval.
B. A TicketGuard Marketer may not, in any unauthorized country, conduct sales, enrollment or training meetings, enroll or attempt to enroll potential Customers, or Marketer Marketers, nor conduct any other activity for the purpose of registering TicketGuard Citation Protection Plans or Independent Subscription Marketers and the promoting of the TicketGuard Opportunity.
11.0 CHANGES TO A BRAND PARTNER BUSINESS
11.1 Modification of the Brand Partner Agreement
A. A TicketGuard Marketer may modify his or her existing Agreement (i.e., change a social security number to a Federal ID number, add a Spouse or partner to the account, or change the form of ownership from an individual to a Business Entity owned by the TicketGuard Marketer) by submitting a written request, accompanied by a new TicketGuard Independent Subscription
Marketer Agreement and the Business Registration Form, if applicable, completed with fresh signatures (not a “crossed out” or “white-out” version of the first Agreement), and any appropriate supporting documentation.
11.2 Change Sponsor or Placement for Active Independent Subscription Marketers
A. Maintaining the integrity of the organizational structure is mandatory for the success of TicketGuard and our Independent Subscription Marketers. As such, under exceptional circumstances at the discretion of the Company, a request to change placement may only be made within the first three (3) days of initial enrollment as a TicketGuard Marketer. Furthermore, such changes may only occur within the same organization.
B. Sponsors may make “Placement changes” from one Marketer to another for personally Sponsored (frontline) Subscription Marketers during the first three (3) days of enrollment.
C. New TicketGuard Subscription Marketers or their original Sponsor may request a change of Sponsor or Placement within the first three (3) days of enrollment for the purpose of structuring an organization. The new Agreement must be received within the calendar month for commission calculations to be effective with the requested change.
D. To change or correct the Sponsor, and Marketer must comply with the following procedures:
I. Submit a Sponsor Placement Transfer request in writing to TicketGuard Corporate;
II. Submit a TicketGuard Independent Subscription MarketerAgreement showing the correct Sponsor and Placement, and any appropriate supporting documentation;
III. The Agreement must be a new, completed document bearing “fresh” signatures, not a “crossed-out” or “white-out” version of the first Agreement. E. Upon approval, the Subscription Marketers downline, if any, will transfer with the Marketer.
F. If one transfer has already been made a $20 fee will be assessed for the second and for each transfer thereafter.
G. After the first three (3) days from initial enrollment, TicketGuard will honor the Sponsor/Placement as shown:
I. On the most recently signed TicketGuard Independent Subscription Marketer Agreement on file; or II. Self-enrolled on the website (i.e., electronically signed Web Agreement).
H. TicketGuard retains the right to approve or deny any requests to change Sponsor or
Placement and to correct any errors related thereto at any time and in whatever manner it deems necessary.
11.3 Change Sponsor or Placement for Inactive Brand Partners
A. At the discretion of TicketGuard, Independent Subscription Marketers who have not tendered a letter of resignation, are eligible to re-enroll in TicketGuard under the Sponsor/Placement of their choice.
B. Upon written notice to TicketGuard that a former Independent Subscription Marketer wishes to reenroll, TicketGuard will “compress” (close) the original account. A new TicketGuard Marketer ID number will then be issued to the former Marketer.
C. Such TicketGuard Marketer does not retain former rank, downline, or rights to commission/residual checks from his or her former organizations.
D. TicketGuard reserves the right to correct Sponsor or Placement errors at any time and in whatever manner it deems necessary.
E. TicketGuard also reserves the right to place any Independent Subscription Marketer who has been inactive and wishes to reactivate their TicketGuard Independent Subscription Marketer account, TicketGuard may choose to place that marketer back into their original sponsor downline structure as long as their original sponsor is still active within the TicketGuard Subscription Marketer program. This placement is at the sole discretion of TicketGuard, LLC.
11.4 Change Organizations
A. If a TicketGuard Marketer wishes to transfer organizations, he or she must submit a letter of resignation to the TicketGuard Marketer Services department and remain inactive (register no Citation Protection Plans, or sponsor/register any TicketGuard Subscription Marketers) with or in TicketGuard for six (6) months from the receipt of the letter before being eligible to re-enroll under a different Sponsor/Placement.
B. TicketGuard retains the right to approve or deny any request to re-enroll after a Brand
Partner’s resignation.
C. If re-enrollment is approved, the former TicketGuard Marketer will be issued a new
TicketGuard Marketer ID number and will be required to submit a new Independent Subscription Marketer Agreement. The Marketer will not be entitled to keep any former rank, downline, or rights to commission checks from any prior organization.
D. Transfers may not be done outside of the original organization without approval from TicketGuard, LLC.
11.5 Unethical Sponsoring
A. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Marketer from another TicketGuard Marketer or influencing another TicketGuard Marketer to transfer to a different sponsor.
B. Allegations of unethical sponsoring must be reported in writing to the TicketGuard
Compliance department within the first 90 days of enrollment. If the reports are substantiated, TicketGuard may transfer the Marketer or the Marketer’s downline to another sponsor, Placement or organization without approval from the current up-line Marketer or Placement Subscription Marketers.
TicketGuard remains the final authority in such cases.
C. TicketGuard prohibits the act of “Stacking.” Stacking is the unauthorized manipulation of the TicketGuard compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Marketer in an unearned manner. One example of stacking occurs when a Sponsor/Marketer places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning/residual(s). Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent Marketer positions of all individuals and/or entities found to be directly involved.
D. Should TicketGuard Subscription Marketers engage in solicitation and/or enticement of members of another direct sales company to promote or market TicketGuard Citation Protection Plans or actively recruit Marketer prospects, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a TicketGuard Marketer alleging that they engaged in inappropriate recruiting activity of another company’s sales force or Customers,
TicketGuard will not pay any of the TicketGuard Marketer’s defense costs or legal fees, nor will TicketGuard indemnify the Brand Partner for any judgment, award, or settlement.
11.6 Sell, Assign, or Delegate Ownership
A. In order to preserve the integrity of the hierarchical downline structure, it is necessary for TicketGuard to place restrictions on the transfer, assignment, or sale of a TicketGuard Independent Marketer Business and or Agreement.
B. A TicketGuard Independent Subscription Marketer may not sell or assign his or her rights or delegate his or her position as a TicketGuard Marketer without prior written approval by TicketGuard, which approval will not be unreasonably withheld. Any attempted sale, assignment, or delegation without such approval may be voided at the discretion of TicketGuard.
C. Should the sale be approved by TicketGuard, the Buyer assumes the position of the Seller at the current qualified title, but at the current “paid as” rank, at the time of the sale and acquires the Seller’s Downline.
D. To request corporate authorization for a sale or transfer of a TicketGuard Independent
Marketer Business and Agreement, the
following items must be submitted to the TicketGuard Compliance department;
I. A Sale/Transfer of TicketGuard Independent Subscription Marketer Business Agreement outlining the terms of the sale/transfer in accordance with TicketGuard policy, with the requisite signatures.
II. A copy of the Sales Agreement signed and dated by both Buyer and Seller.
III. A TicketGuard Independent Subscription Marketer Agreement completed and signed by the Buyer;
IV. Payment of the $100 administration/transfer fee;
V. Any additional supporting documentation requested by TicketGuard.
E. Any debt obligations that either Seller or Buyer may have with TicketGuard must be satisfied prior to the approval of the sale or transfer by TicketGuard.
F. A TicketGuard Marketer who sells his or her TicketGuard Business is not eligible to re-enroll as a TicketGuard Marketer in any organization for six (6) full calendar months following the date of the sale except as otherwise expressly set forth in these Policies and Procedures.
11.7 Separating a TicketGuard Business
A. Pending a divorce or dissolution of a partnership or other business entity, the parties must adopt one of the following methods of operation:
I. One of the parties may, with the written consent of the other(s), operate the TicketGuard business whereby the relinquishing Spouse, shareholders, partners, members or trustees authorize TicketGuard to deal directly and solely with the other Spouse, no relinquishing shareholder, partner, member or trustee;
II. The parties may continue to operate the TicketGuard business jointly on a “business as usual” basis, whereupon all compensation paid by TicketGuard will be paid in the name designated as the official TicketGuard Independent Subscription Marketer in the name of the entity to be divided, as the parties may independently agree between them. If no name is stipulated, TicketGuard will pay compensation to the name on record and in such event, the TicketGuard Marketer named on the account shall indemnify TicketGuard from any claims from the other business owner(s) or the other Spouse with respect to such payment.
B. TicketGuard recognizes only one Downline organization and will issue only one commission check per TicketGuard Independent Subscription Marketer Business per commission cycle. Under no circumstances will the Downline of an organization be divided, nor will TicketGuard split commission, residual(s), incentive reward(s), bonus(s), compensation payout(s).
C. If a relinquishing Spouse, partner or owner of the business has completely relinquished
(“Relinquishing Party”), in writing, all rights to the original TicketGuard Marketer business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of his or her choice. In such cases, however, the Relinquishing Party shall have no rights to, and shall not solicit, any TicketGuard Marketer or active Customer in the former organization, and must develop a new business in the same manner as any other new TicketGuard Independent Subscription Marketer. A
TicketGuard Marketer in the Relinquishing Party’s former Downline who wishes to transfer to the Relinquishing Party’s new organization or to any other organization, must comply with the requirements in Section 13.5.
11.8 Succession
A. Upon the death or incapacity of a TicketGuard Marketer, the Marketer’s marketing business may be passed on to his or her legal successors in interest (successor). Whenever a TicketGuard Marketer business is transferred by will or other testamentary process, the successor acquires the right to collect all residuals and commissions of the deceased Marketer’s sales organization. The successor must:
I. Complete and sign a new TicketGuard Independent Subscription Marketer Agreement;
II. Comply with the Terms and provisions of the Marketer Agreement; and
III. Meet all the qualifications for the last rank achieved by the former TicketGuard Marketer
B. Residual and commission/payout checks of a TicketGuard Marketer business transferred based on this section will be paid in a single check to the successor. The successor must provide TicketGuard with an “address of record” to which all residual and commission Payments will be sent. Payments will be based on the current performance of the TicketGuard Marketer account, not the highest rank or volume achieved.
C. If the business is bequeathed to joint devisees (successors), they must form a business entity and acquire a Federal taxpayer identification number. TicketGuard will issue all residual and commission payments and one IRS 1099 Miscellaneous Income Tax form to the managing business entity only.
D. Appropriate legal documentation must be submitted to TicketGuard Compliance department to ensure the transfer is done properly. To affect a testamentary transfer of a TicketGuard Independent Subscription Marketer business, the successor must provide the following to TicketGuard Compliance department:
I. A certified copy of the death certificate; and
II. A notarized copy of the will or other appropriate legal documentation establishing the successor’s right to the TicketGuard Marketer Marketing business.
E. To complete a transfer of the TicketGuard business because of incapacity, the successor must provide the following to the TicketGuard Compliance department:
I. A notarized copy of an appointment as trustee;
II. A notarized copy of the trust document or other appropriate legal documentation establishing the trustee’s right to administer the TicketGuard Marketer Marketing business; and III. A completed TicketGuard Independent Subscription Marketer Agreement executed by the trustee.
F. If the successor is already an existing TicketGuard Marketer, TicketGuard will allow such
TicketGuard Marketer to keep his or her own TicketGuard Marketer Agreement plus the inherited TicketGuard Marketer Marketer account active for up to six (6) months. By the end of the 6-month period, the TicketGuard Marketer must have compressed (if applicable), sold or otherwise transferred either the existing TicketGuard Marketer Marketing Business or the inherited TicketGuard Marketer Marketing Business.
G. If the successor wishes to terminate the TicketGuard Independent Subscription Marketer
Agreement, he or she must submit a notarized statement stating the desire to terminate the TicketGuard Independent Subscription Marketer Agreement, along with a certified copy of the death certificate, appointment as trustee, and/or any other appropriate legal documentation.
H. Upon written request, TicketGuard may grant a one (1) month bereavement waiver and pay out at the last “paid as” rank.
11.9 Resignation/Voluntary Termination
A. A TicketGuard Marketer may immediately terminate his or her TicketGuard Marketer Agreement by submitting a written notice or email to the TicketGuard Marketer Services department at Subscription Marketerservices@ticketguardusa.com. The written notice must include the following:
I. The TicketGuard’s intent to resign;
II. Date of resignation;
III. TicketGuard Marketer Identification Number;
IV. Reason for resigning; and
V. Signature.
B. A TicketGuard Marketer may not use resignation as a way to immediately change Sponsor and Placement. Instead, the TicketGuard Marketer who has voluntarily resigned is not eligible to reapply as a TicketGuard Independent Subscription Marketer or have any financial interest in a or any TicketGuard Marketer Marketing business for six (6) months from the receipt of the written notice of resignation.
11.10 Involuntary Termination
A. TicketGuard reserves the right to terminate any TicketGuard Independent Subscription Marketer Agreement for, but not limited to, the following reasons:
I. Violation of any Terms or Conditions of the TicketGuard Independent Subscription Marketer
Agreement;
II. Violation of any provision in these Policies and Procedures;
III. Violation of any provision in the TicketGuard Compensation Plan;
IV. Violation of any applicable law, ordinance, or regulation regarding the TicketGuard Independent Subscription Marketer Business;
V. Engaging in unethical business practices or violating standards of fair dealing.
B. TicketGuard will notify the Marketer in writing by e-mail notifying of its intent to terminate the Subscription Marketers Agreement and the reason(s) for termination. The TicketGuard Marketer will have fifteen (15) calendar days from the date of email notification of such notice to respond in writing to the allegations or claims constituting cause for termination as stated in the notice. TicketGuard will then have thirty (30) calendar days from the date of receipt of the Marketer’s response to render a final decision as to termination.
C. If a decision is made by TicketGuard to terminate the Marketer’s Agreement, TicketGuard will inform the Marketer via e-mail communication that the TicketGuard Independent Subscription Marketer Agreement is terminated effective as of the date of the e-mail notification. The TicketGuard Marketer will then have fifteen (15) calendar days from the date of mailing of such notice to appeal the termination in writing. TicketGuard must receive the Marketer’s written appeal within twenty (20) calendar days of the date of the TicketGuard termination letter. If the written appeal is not received within this time period, the termination will be considered final.
D. If the TicketGuard Marketer does file a timely appeal of termination, TicketGuard will review its decision, along with any other information it may deem relevant, reconsider any other appropriate action, and notify the Marketer of its decision. The decision of TicketGuard is then considered final and not subject to further review.
E. If the termination is not rescinded, the termination will be effective as of the date of the original termination notice by TicketGuard. The former TicketGuard Marketer shall thereafter be prohibited from using the names, marks or signs, labels, stationery, advertising, or business material referring to or relating to TicketGuard and or its Citation Protection Plan product. TicketGuard will notify the immediate active Upline Marketer/Sponsor within ten (10) days after termination. The organization of the terminated TicketGuard Marketer will “roll up” to the active Upline Marketer/Sponsor on record.
F. The TicketGuard Independent Subscription Marketer who is involuntarily terminated by
TicketGuard may not register as a TicketGuard Independent Subscription Marketer, either under his or her present name or any other name or entity, without the express written consent of an authorized TicketGuard executive, following a review by the TicketGuard Compliance Committee. In any event, such TicketGuard Marketer may not register as a TicketGuard Independent Subscription Marketerfor six (6) months from the date of termination.
11. Effect of Cancelation
A. Following a Marketer’s cancelation for inactivity or voluntary or involuntary termination
(collectively, a “cancelation”) such TicketGuard Independent Subscription Marketer:
I. Shall have no right, title, claim or interest to any commission or residual(s) from the registration(s) generated by the Marketer’s former organization or any other payments in association with the Marketer’s former Independent Subscription MarketerAgreement and Business; II. Effectively waives any and all claims to property rights or any interest in or to the TicketGuard Independent Subscription Marketer’s former Downline organization;
III. Shall receive commissions and residuals only for the last full pay period in which he or she was active prior to cancellation, less any amounts withheld during an investigation preceding an involuntary cancelation, and less any other amounts owed to TicketGuard.
12.0 DISCIPLINARY SANCTIONS
12.1 Imposition of Disciplinary Action – Purpose
A. It is the spirit of TicketGuard that integrity and fairness should pervade among its Marketer Marketers, thereby providing everyone with an equal opportunity to build a successful marketing business. Therefore, TicketGuard reserves the right to impose disciplinary sanctions at any time, when it has determined that a TicketGuard Marketer has violated the Agreement or any of these Policies and Procedures or the TicketGuard Compensation Plan as they may be amended, modified, or revised from time to time by TicketGuard.
12.2 Consequences and Remedies of Breach
A. Disciplinary actions may include one or more of the following:
I. Monitoring a Marketer’s conduct over a specified period of time to assure compliance;
II. Issuance of a written warning or requiring the TicketGuard Marketer to take immediate corrective action;
III. Imposition of a fine (which may be imposed immediately or withheld from future commission payments) or the withholding of commission payments (“Commission Hold”) until the matter causing the Commission Hold is resolved or until TicketGuard receives adequate additional assurances from the TicketGuard Marketer to ensure future compliance;
IV. Suspension from participation in Company or TicketGuard Marketer events, rewards, or recognition;
V. Suspension of the TicketGuard Independent Subscription Marketer Agreement for one or more pay periods;
VI. Involuntary termination of the Marketer’s Agreement;
VII. Any other measure which TicketGuard deems feasible and appropriate to justly resolve injuries caused by the TicketGuard Marketer’s Policy violation or contractual breach; OR VIII. Legal proceedings for monetary or equitable relief.
13.0 DISPUTE RESOLUTION
13.1 Grievances
A. If a TicketGuard Marketer has a grievance or complaint against another TicketGuard Marketer regarding any practice or conduct relating to their respective TicketGuard Marketer businesses, he or she is encouraged to resolve the issue directly with the other party. If an agreement cannot be reached, it must be reported directly to the TicketGuard Compliance department as outlined below in this Section.
B. The TicketGuard Compliance department will be the final authority on settling such grievance or complaint and its written decision shall be final and binding on the Subscription Marketers involved.
C. TicketGuard will confine its involvement to disputes regarding TicketGuard business matters only. TicketGuard will not decide issues that involve personality conflicts or unprofessional conduct by or between TicketGuard Subscription Marketers outside the context of a TicketGuard business. These issues go beyond the scope of TicketGuard and may not be used to justify a Sponsor or Placement change or a transfer to another TicketGuard Marketer organization.
D. TicketGuard does not consider, enforce, or mediate third party agreements between TicketGuard Subscription Marketers nor does it provide names, funding, or advice for obtaining outside legal counsel.
E. Process for Grievances:
I. The TicketGuard Marketer should submit a written letter of complaint (e-mail will be accepted) directly to the TicketGuard Compliance department via marketer support. The letter shall set forth the details of the incident as follows: a. The nature of the violation;
b. Specific facts to support the allegations;
c. Dates;
d. Number of occurrences;
e. Persons involved; and
f. Supporting documentation.
II. Upon receipt of the written complaint, TicketGuard will conduct an investigation according to the following procedures:
a. The Compliance department will send an acknowledgment of receipt to the complaining TicketGuard Marketer via e-mail;
b. The Compliance department will provide a verbal or written notice of the allegation to the TicketGuard Marketer under investigation. If a written notice is sent to the Marketer, he or she will have ten (10) business days from the date of the notification letter to present all information relating to the incident for review by TicketGuard.
c. The Compliance department will thoroughly investigate the complaint, consider all the submitted information it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be on a case by case basis, and the length of time to reach a resolution will vary.
d. During the course of the investigation, the Compliance department will only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Marketer calls, letters, and requests for “progress reports” during the course of the investigation will not be answered or returned.
e. TicketGuard will make a final decision and timely notify the TicketGuard Subscription Marketers involved.
13.2 Arbitration
A. Any controversy or claim arising out of or relating to the TicketGuard Independent Marketer
Marketer Agreement, these Policies and Procedures, or the breach thereof, the TicketGuard Marketer’s independent marketing business or any dispute between TicketGuard and the Marketer, shall be settled by binding and confidential arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall be held in Atlanta, Georgia. There shall be one arbitrator, who shall have expertise in business law transactions and who shall be knowledgeable in the direct selling industry, selected from a panel provided by the American Arbitration Association.
B. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to judgment in any court of competent jurisdiction.
C. This agreement to arbitration shall survive any termination or expiration of the TicketGuard Independent Subscription Marketer Agreement.
D. Nothing in these Policies and Procedures shall prevent TicketGuard from applying for or 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 TicketGuard interests or its Confidential Information prior to, during or following the filing of an arbitration or other proceeding, or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
E. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY
GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
F. These Policies and Procedures and any arbitration involving a TicketGuard Marketer(s) and
TicketGuard shall be governed by and construed in accordance with the laws of the state of Georgia, without reference to its principles of conflict of laws.
13.3 Severability
A. If any provision of these Policies and Procedures is found to be invalid, or unenforceable for any reason, only the invalid provision shall be severed. The remaining terms and provisions hereof shall remain in full force and shall be construed as if such invalid or unenforceable provision never had comprised a part of these Policies and Procedures.
13.4 Waiver
A. Only an authorized executive of TicketGuard can, in writing, affect a waiver of the
TicketGuard Policies and Procedures. TicketGuard's waiver of any particular breach by a TicketGuard Marketer shall not affect TicketGuard’s rights with respect to any subsequent breach, nor shall it affect the rights or obligations of any other TicketGuard Marketer Agreement. B. The existence of any claim or cause of action of a TicketGuard Marketer against TicketGuard shall not constitute a defense to TicketGuard enforcement of any term or provision of these Policies and Procedures.
13.5 Successors and Claims
The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
14.0 GOVERNING LAW
These Policies and Procedures shall be governed by and construed in accordance with the Laws of the State of Georgia and the exclusive jurisdiction of the United States courts.
15.0 TICKETGUARD GLOSSARY OF TERMS
ACTIVE TICKETGUARD MARKETER: An Marketer who actively promotes, markets, and registers new Customers and Subscription Marketers, to ensure that they are eligible to receive residuals and commissions.
AGREEMENT: The contract between the Company and each TicketGuard Independent Marketer
Marketer; includes the Independent Subscription Marketer Agreement, the TicketGuard Policies and Procedures, and the TicketGuard Compensation Plan, all in their current form and as amended, modified, or revised by TicketGuard in its sole discretion. These documents are collectively referred to as the “Agreement.”
CANCEL: The termination of a TicketGuard’s Marketer account/business. Cancellation may be either voluntary, involuntary, or through non-renewal.
COMMISSION PAYMENTS: This term refers to compensation paid to TicketGuard Independent Subscription Marketers who successfully register new TicketGuard Independent Subscription Marketers into the Company.
RESIDUAL(S): This term refers to commission payments paid to TicketGuard Subscription Marketers who have successfully registered new TicketGuard Citation Protection Plans. TicketGuard Subscription Marketers receive this type of payment monthly in direct accordance with Customers registered as a result of marketing and promotion efforts by the applicable TicketGuard Marketer. “Residuals” are designed to be distributed to TicketGuard Subscription Marketers on a once-monthly basis.
TICKETGUARD COMPENSATION PLAN: The guidelines and referenced literature for describing how TicketGuard Independent Subscription Marketers can generate compensation and residuals for successful marketing and registration of TicketGuard Citation Protection Plans offered to end-consumers and registration of new TicketGuard Independent Subscription Marketers.
CUSTOMER/CONSUMER: A Customer/Consumer is an individual who registers TicketGuard
Citation Protection Plan coverage product and elects not to engage in registering as a TicketGuard Independent Subscription Marketer.
TICKETGUARD MARKETER: An individual, who registers as an Marketer marketer and commits to effectively promote, and market to consumers (licensed drivers) TicketGuard Citation Protection Plan coverage; and actively introduces the TicketGuard Opportunity to interested prospects for possible registration as a TicketGuard Independent Subscription Marketer.
LINE OF SPONSORSHIP (LOS): A report generated by TicketGuard that provides critical data relating to the identities of TicketGuard Subscription Marketers, Registration Data, and enrollment activity of each TicketGuard Marketer’s marketing organization. This report contains confidential and trade secret information which is proprietary to TicketGuard.
ORGANIZATION: The Customers and Subscription Marketers placed below a particular TicketGuard Marketer.
OFFICIAL TICKETGUARD MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by TicketGuard to TicketGuard Subscription Marketers.
PLACEMENT: Your position inside your Sponsor’s marketing organization.
RECRUIT: For purposes of the TicketGuard Conflict of Interest Policy, the term “Recruit” means the actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way, either directly, indirectly, or through a third party, another TicketGuard Marketer or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity.
SPONSOR: A TicketGuard Independent Subscription Marketer who enrolls a Customer, Entity, Organization, or another TicketGuard Independent Subscription Marketer into the Company, and is listed as the Sponsor on the Agreement. The act of enrolling others and training them to become TicketGuard Subscription Marketers is called “sponsoring.”
UPLINE: This term refers to the TicketGuard Marketer or Subscription Marketers above a particular TicketGuard Marketer in a sponsorship line up to the Company. It is the line of sponsors that links any particular TicketGuard Marketer to the Company.
checking this box confirms you have read, understand, and agree to the Independent Affiliate Marketer Agreement.