The Gift of Wisdom
by Neal Whitten
This Sales Buddy Program Agreement (“Agreement”) contains the terms and conditions that govern your (“Applicant”) participation in the Sales Buddy Program (“Program”) with The Neal Whitten Group Inc. (“NWG”). In this Agreement, “us and “NWG” means The Neal Whitten Group Inc. and “you”, “your”, and “Sales Buddy” means the Applicant.
The purpose of the Program is to help promote sales of Neal Whitten’s book: The Gift of Wisdom: Lessons for a Lifetime (“Book”). The Program is an arrangement between you and NWG whereby you can be financially compensated for book sales of The Gift of Wisdom: Lessons for a Lifetime on the www.thegiftofwisdom.com web site that include the use of your coupon code. As a Sales Buddy, you are given an individualized coupon code. When you provide someone the online link to the www.thegiftofwisdom.com web site, you also give them your coupon code which can authorize them a discount on purchasing the Book. When they purchase a Book while on the www.thegiftofwisdom.com web site using your coupon code, you will receive a fee for each Book purchased based upon the amount of the discount you choose to give to the purchaser of the Book.
You must be 18 years or older, submit a complete and accurate Sales Buddy Program Agreement, and, if and when payments due to you reach $600 in a single tax year, you must complete and submit a Form W-9 (Request for Taxpayer Identification Number and Certification) for IRS tax purposes if you are a US citizen or alien US resident. You are not eligible for enrollment if you are a resident of California, Colorado, Illinois, North Carolina, Rhode Island, Connecticut, or any state where such programs are prohibited. If at any time following enrollment in the Program you become a resident of any such state, you will immediately become ineligible to participate in the program and this Agreement will automatically terminate on the date that you establish residency in that state. In addition, you must promptly notify NWG in writing of your residency in any such state, which you may do via email or the Contact feature of the www.thegiftofwisdom.com web site.
As Applicant, you must ensure that all information in the Sales Buddy Program Agreement is at all times complete, accurate, and up-to-date, including your email address and other contact information. NWG is not responsible or liable for communications or payments made or attempted to you based on incorrect contact information. It is your sole responsibility to ensure that all contact information with NWG is current and accurate.
You will be deemed to have received all notifications and other communications sent to the email address you provided, at the time of enrollment, in the Agreement (unless a different email address is subsequently provided in writing to NWG), even if the email address associated with your account is no longer current.
As Applicant, you can choose to be assigned up to 3 separate coupon codes. These coupon codes are reserved uniquely for each Sales Buddy. Each coupon code is assigned a discount value that allows the user of that coupon code to receive a specified discount on the purchase price of one or more Books from the www.thegiftofwisdom.com web site. The discount for each coupon code is selected from one of the following discount percentages: 0, 5, 10, 15, 20, 25, 30, and 35. You may choose the applicable discount percentage for up to 3 separate coupon codes, however, NWG shall have the option and authority to select or assign all coupon codes, in its sole discretion.
The amount of money you earn from each Book sale depends on the amount of discount from the applicable coupon code. You have about $7 to work with.
For example, if the Sales Buddy sets the discount at 0 percent, then the Sales Buddy will receive $7 for each Book sale. If the Sales Buddy sets the discount at 5 percent, the Sales Buddy will receive $6 for each Book sale. Following this pattern, here is the full range of discounts-to-“money earned” combinations permissible: 0%-$7, 5%-$6, 10%-$5, 15%-$4, 20%-$3, 25%-$2, 30%-$1, and 35%-$0. A typical coupon code might allow a 10 percent discount for the coupon code user and a $5 fee payment to you, the Sales Buddy.
You will be paid amounts due on a monthly basis. Unless other arrangements are made, NWG will make all reasonable efforts to mail you a check for the amount earned (less $3 check processing fee) by approximately the 20th of the following month. There is a check processing fee of $3 each month that a check is written and mailed. A check will be processed as long as you have at least $4 earned in your account.
Fees paid to you for Books purchased using your coupon code that are later cancelled or returned will be deducted from future payments to you until the amount is settled. NWG reserves the right to withhold payment for up to 90-days for orders that it determines, in its sole discretion, to be unusual or suspicious (e.g., orders for large numbers of Books to the same billing information, P.O. Boxes, etc.).
If NWG requests information reasonably necessary for operation of the Program from you and you do not provide that information in a timely manner, as determined by NWG in its sole discretion, NWG may (in addition to any other rights or remedies available to NWG) withhold your fee payment until you provide this information.
A coupon code must be accepted on the www.thegiftofwisdom.com web site or through another approved process before you are eligible to receive a fee payment for that transaction. Coupon codes will not be recognized for Books requested to be shipped outside the United States and Canada or for eBooks. In these cases, the would-be purchaser will be directed to another online book-seller (e.g. Amazon.com).
NWG may change your actual coupon code (alphanumeric) at its discretion. You will be notified before this happens.
Only one coupon code can be used per Book-sale transaction, and the coupon code must be entered and accepted at the time of purchase.
In connection with your participation in the Program, you shall comply with, and agree that it is your sole responsibility to comply with, all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you (e.g., CAN-SPAM Act of 2003). You agree to indemnify, defend, including defense costs as accrued, and hold NWG harmless for any liability arising from your activities with regard to the Sales Buddy Program.
The term of this Agreement will begin upon acceptance by NWG of the Agreement and will end when terminated by either you or NWG. Either party may terminate the agreement with or without cause, by giving the other party written notification of termination. For example, NWG may revoke enrollment of the Applicant for behavior that NWG considers improper or inappropriate. Moreover, NWG may terminate your coupon code(s) if it has been inactive for 120 days. You will be notified of the revocation via email.
NWG may withhold accrued unpaid fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancellations or returns). No termination of this agreement will relieve either party of any liability for any breach of, or liability accruing under, this agreement prior to termination.
NWG may modify any of the terms and conditions contained in this Agreement at any time and in NWG’s sole discretion by providing you, via email or otherwise, a revised agreement, change notice, and/or other communication. Modifications may include, for example, changes to the discount percentages, the fee paid to you per Book sold, or payment procedures. If any modification is unacceptable to you, your only recourse is to terminate the agreement. Your continued participation, in any manner, in the Program following notification, via email or otherwise, shall constitute your binding acceptance of the modification.
You will not misrepresent or embellish the relationship between you and NWG including by expressing or implying that NWG supports, sponsors, endorses, or contributes to any cause, or express or imply any relationship or affiliation between you and NWG or any other person or entity except as expressly permitted by this Agreement. Nor will you misrepresent the nature of the Book in any way. You agree to indemnify, defend, including defense costs as accrued, and hold NWG harmless for any liability arising from any misrepresentation by you with respect to the Book or NWG.
You and NWG are independent contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, or employment relationship between you and NWG.
NWG will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use or data) arising in connection with this Agreement. The aggregate liability arising in connection with this Agreement will not exceed the total fees paid or properly payable to you under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
If the aggregate payment due to you reaches $600 over the period of a tax year, and you are a US citizen or alien US resident, you must submit a Form W-9 (Request for Taxpayer Identification Number and Certification) for IRS tax purposes. If you have accrued $600 for a given year, NWG will send you a Form 1099-MISC (Miscellaneous Income) early the next year for IRS tax purposes. Submitting the Form W-9 will require you to provide your social security number unless you represent a corporation. All of your information will be held in strict confidence. No payment will be made to you when such payment would result in the aggregate of all payments for that tax year exceeding $600, unless and until you provide an acceptably executed W-9 or otherwise satisfy NWG that you are not a person from whom NWG is required to obtain tax information.
You may choose to complete the Form W-9 during initial enrollment if you are hopeful that you will earn $600 in fee payments during a tax year. This action can avoid a potential delay later in receiving payment for fees earned as your Form W-9 is being processed.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to any conflicts of laws or regulations that would result in the application of the laws of another jurisdiction. Both parties agree and consent that jurisdiction and venue of any action relating to, or rising out of, this Agreement shall lie exclusively in the state and federal courts located in Dallas County, Texas.
Payments due to you that are withheld for reasons associated with your non-compliance with the terms of this Agreement shall be forfeited by you after 180 days from the date of your first non-compliance with the terms of this Agreement.
As applicant, please accurately and completely fill in the following information:
This Agreement represents the entire agreement between you and NWG and supersedes any previous or contemporaneous oral or written agreements and understandings. By checking the box below, you agree to the terms and conditions of this Agreement, or by continuing to participate in the Program following being sent a written change notice that may affect this Agreement, you (a) agree to be bound by this agreement, (b) acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this agreement, and (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor) and that you are and will remain in compliance with this Agreement. In addition, if this operating agreement is being agreed to by a company or other legal entity, then the person agreeing to this Agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this Agreement.
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Copyright © 2013 Neal Whitten