By The Click LLC.
I agree to the following:
Section I: Acceptance of the Agreement
If you enter into an online Influencer Program Agreement with By The Clique, you
will be required to submit a copy of IRS W9 form before any earned payments will be released.
For further information, please see the official IRS W9 form at http://www.irs.gov/pub/irs-pdf/fw9.pdf Fill out, sign and send it via email to firstname.lastname@example.org
I hereby apply to become an Independent Representative of By The Clique LLC, (hereinafter "Company") marketing program. By executing or electronically agreeing to the By The Clique Influencer Program Agreement (hereinafter “Agreement”), you apply for legal authorization to become a By The Clique Influencer Independent Representative (hereinafter “IR” or “Influencer”), and enter into contract with Company. This Agreement is created to provide detailed guidelines and limitations for all By The Clique Influencers.
The purpose of the By The Clique Influencer Program is to provide individuals with the opportunity to introduce exciting products to customers. In exchange for successfully building a customer base, By The Clique offers compensation pursuant to the terms of the Compensation Plan.
As an IR, I understand and agree that:
To become a By The Clique Influencer, 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;
II. Reside or have a valid address in the United States, a U.S. territory;
III. Have a valid Social Security Number, Federal Tax ID Number, or Taxpayer Identification Number (TIN);
IV. Submit a properly completed Influencer Program Agreement to By The Clique, either written and/or agreed to electronically;
V. Submit a W9 form
As an Independent Representative (hereinafter "IR" or “ Influencer”), I understand and agree that:
1. I shall become a Company IR upon acceptance of this application by the Company. As an IR, I shall have the right to sell the products and services offered by the Company in accordance with the Company's marketing program and statement of policy, which may be amended and changed from time to time.
2. Because federal, state, and local laws, as well as the business environment, periodically change, By The Clique reserves the right to amend the Agreement and the Compensation Plan in its sole and absolute discretion. Notification of amendments shall appear in Official By The Clique Materials. Any such amendment, change, or modification shall be effective thirty days following one of the following communication methods:
I. posting on the official By The Clique Web site;
II. electronic mail (e-mail); or
III. In writing through the By The Clique newsletters or other By The Clique communication channels.
Upon notification to IRs, the Company, at its discretion, may amend the marketing plan, product pricing, statement of policy, etc.
3. By The Clique Compensation Plan
All commissions due to Influencer shall be paid out pursuant to compensation plan outlined below:
Influencers can earn 10% commission for items sold under your code and link!
Payments of $10.00 or more will be made through PayPal on or about the 15th. day of each month for the sales of the previous month. In an effort to alleviate administrative burdens, By The Clique reserves the right to postpone commission payments until such time the cumulative amount exceeds $10 or quarterly at the sole discretion of By The Clique.
A By The Clique Influencer must review his or her monthly statement and report any discrepancies within 30 days of receipt. After the 30 day “grace period” no additional requests will be considered for commission’s recalculation.
4. Errors or Questions
If an Influencer has questions about or believes any errors have been made regarding payments, or charges, the Influencer must notify By The Clique in writing within 30 days of the date of the purported error or incident in question. By The Clique will not be responsible for any errors, omissions, or problems not reported to the Company within 30 days.
5. The term of the Company IR agreement is one year. Company IRs, who wish to continue their IR positions, must apply to renew their IR agreement annually. The Company reserves the right to accept or reject your application for renewal and the renewal shall be deemed accepted if it has not been rejected in writing by the Company within 30 days of receipt of the renewal fee (if applicable) and application agreement.
6. An IR shall be entitled to cancel participation in the marketing program at any time and for any reason upon notice to the Company. By The Clique reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any bonuses, commissions or other remuneration derived through your sales. By The Clique reserves the right to terminate all Influencer Program Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via affiliate marketing channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
7. Upon acceptance of this application by the Company, I will be an independent contractor responsible for my own business and not an employee of the Company. I will not be treated as an employee in regard to any laws covering employees, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding at source or for any federal or state tax laws. It is my responsibility to pay self-employment, state and federal income taxes as required by law. The By The Clique Influencer is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Influencer’s success depends on his or her independent efforts. The agreement between By The Clique and its Influencers does not create an employer/employee relationship, agency, partnership, or joint venture between By The Clique and the Influencer. All Influencers are responsible for paying local, state, provincial, and Federal taxes due from all compensation earned as a Influencer of By The Clique. Influencers have no express or implied authority to bind By The Clique to any obligation or to make any commitments by or on behalf of By The Clique. As a self-employed independent contractor, you will be operating your own independent business selling products available through By The Clique on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. In the event you earn over $600 in a calendar year, you will receive IRS Form 1099- MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
8. I will not use the Company's trade name and/or trademark except in the advertising provided to me by the Company or in other advertising without prior written approval by the Company. You agree to make no representations or claims about any product or services beyond those shown in official By The Clique literature. Under no circumstances may you print your own labels or repackage By The Clique products. Products are to be sold in their original packaging only.
9. The Company's program is built upon retail sales to the ultimate consumer. The Company also recognizes that IRs may wish to also purchase product or service for their own personal or family use with a personal discount code. The IR, however, may not receive credit for bonus purposes, qualification or advancement for his or her own personal purchases. IRs must fulfill published personal and downline retail sales requirements, including requisite retail sales to nonparticipants, as well as supervisory responsibilities, to qualify for certain bonuses, overrides or advancements. The By The Clique Compensation Plan is based upon the sale of By The Clique products and services to end consumers.
10. The IR acknowledges that IR is a wholly independent marketing representative who establishes and services retail customers for Company products as an independent contractor. The position of IR does not constitute either a sale of a franchise or a Influencership, and absolutely no fees have been or will be required from the IR for the right to distribute the Company's products pursuant to this agreement. This agreement is not intended and shall not be construed to create a relationship of employer employee, agency, partnership, or joint venture between any IR, sponsor and/or the Company.
a. As an independent contractor, the IR shall:
i. Abide by any and all federal, state, county and local laws, rules and regulations pertaining to this agreement and/or the acquisition, receipt, holding, selling, distributing or advertising of Company products.
ii. At the IR's own expense, make, execute or file all such reports and obtain such licenses as are required by law or public authority with respect to this agreement and/or the receipt, holding, selling, distributing or advertising of Company products.
iii. Be solely responsible for declaration and payment of all local, state and federal taxes as may accrue because of the IR's activities in connection with this agreement.
12. No purchase or investment is necessary to become a Company IR.
13. Returned Product:
Influencers receive bonuses and commissions based on the actual sales of products and services to end consumers. By The Clique as a no return policy for lip products but in the rare occasion a return is accepted at the company’s discretion, (1) the bonuses and commissions attributable to the returned or repurchased product(s) will be deducted from the pay period in which the refund is given, and continuing every pay period thereafter until the commission is recovered, from the Influencers who received bonuses and commissions on the sales of the refunded products or (2) the Influencers who earned commissions based on the sale of the returned products will have the corresponding points deducted from their volume in the next pay period and all subsequent pay periods until it is completely recovered.
14. The Company may immediately terminate an IR who discredits the Company's name, violates any requirement contained in this Agreement, Company Policy and Procedures, or training manuals or misrepresents the Company's products or business opportunity by making claims contrary to the Company's product literature and labels.
15. Entire Agreement.
This agreement constitutes the entire agreement between the IR and Company and no other additional promises, representations, guaranties or agreements of any kind shall be valid unless in writing.
16. This agreement shall be governed by the laws of the state of Illinois.
17. A faxed, emailed and/or online acceptance of the Agreement shall be treated as an original in all respects.
18. Dispute Resolution: All disputes and claims relating to By The Clique, its products and services, the rights and obligations of A Influencer and By The Clique, or any other claims or causes of action relating to the performance of either a Influencer or By The Clique under the Agreement or the By The Clique Marketing Guidelines shall be settled totally and finally by arbitration in Illinois or such other location as By The Clique 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. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent By The Clique 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.
19 . Indemnification:
A Influencer is fully responsible for all of his or her verbal and/or written statements made regarding By The Clique products, services, and the Compensation Plan, which are not expressly contained in Official By The Clique. Influencers agree to indemnify By The Clique and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by By The Clique as a result of the Influencer’s unauthorized representations or actions. This provision shall survive the cancellation of a Influencer’s Influencer Program Agreement.
20. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Influencer nor By The Clique group will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
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 By The Clique and supersedes any prior agreements, understandings and obligations between you and By The Clique concerning the subject matter of your contract with By The Clique.
22. Language. This Agreement may be translated into different language versions and, except as provided by applicable law, the English language versions of this Agreement and Network Policies are the controlling versions thereof and shall prevail.
23. This agreement is not in force until accepted by the Company.
24. Assignability. You shall not assign or delegate any of the rights or obligations under this Agreement, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, this Agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
25. The Company is not a direct selling opportunity and you may not be compensated for recruiting or sponsoring other brand Influencers.
26. This agreement supersedes any previous agreements between IR and Company.
27. I acknowledge that I have read and understand and agree to the terms set forth in this agreement.