AIMIsocial Referral Sales Partner Agreement
Last Updated on 03/16/2021
SECTION 1 - CODE OF ETHICS
As a Referral Sales Partner, you are expected to conduct the referral of AIMIsocial using the highest standards of integrity and fair practice in your role as an RSP. Failure to comply with the Code of Ethics can result in your termination as an RSP. The Code of Ethics, therefore, states:
As an Independent Referral Sales Partner:
SECTION 2 - INTRODUCTION
2.1 - Policies and Compensation Plan Incorporated into AIMIsocial Referral Sales Partner Agreement
These Policies and Procedures, in their present form and as amended at the sole discretion of PreBuilt Marketing, are incorporated into, and form an integral part of, the AIMIsocial Referral Sales Partner Agreement. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the AIMIsocial Referral Sales Partner Application and Agreement Form, these Policies and Procedures. These documents are incorporated by reference into the PreBuilt Marketing AIMIsocial Referral Sales Partner Agreement (all in their current form and as amended by PreBuilt Marketing).
2.2 - Purpose of Policies
PreBuilt Marketing is a software company that markets AIMIsocial Software products and services through referrals from customers who choose to also be Independent Referral Sales Partner. To clearly define the relationship that exists between Referral Sales Partners and PreBuilt Marketing, and to explicitly set a standard for acceptable business conduct, PreBuilt Marketing has established the Agreement. AIMIsocial Referral Sales Partners are required to comply with all of the provisions set forth in the Agreement, which PreBuilt Marketing may amend at its sole discretion, as well as with all federal, state and local laws governing their PreBuilt Marketing business and their conduct. Because you may be unfamiliar with many of these standards of practice, it is very important that you read and abide by the Agreement. Please review the information in this document carefully. It explains and governs the relationship between you, as an independent contractor, and the Company. If you have any questions regarding any policy or rule, do not hesitate to seek an answer from the PreBuilt Marketing corporate office.
2.3 - Changes to the Agreement
Because laws and the business environment periodically change, PreBuilt Marketing reserves the right to amend the Agreement, compensation plan and its prices at its sole and absolute discretion. By signing the AIMIsocial Referral Sales Partner Agreement, an RSP agrees to abide by all amendments or modifications that PreBuilt Marketing elects to make. The Company shall provide or make available to all RSPs a complete copy of the amended provisions by one or more of the following methods: (a) posting on the Company’s official website; (b) electronic mail (email); (c) inclusion in Company periodicals; (d) inclusion with commissions or bonus checks; or (e) special mailings. The continuation of a AIMIsocial Referral Sales Partner business or an RSP acceptance of bonuses or commissions constitutes acceptance of any and all amendments.
2.4 - Delays
PreBuilt Marketing shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, government decrees or orders, and acts of God.
2.5 - Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
2.6 - Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of PreBuilt Marketing to exercise any right or power under the Agreement or to insist upon strict compliance by a Referral Sales Partner with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of PreBuilt Marketing’s right to demand exact compliance with the Agreement. Waiver by PreBuilt Marketing can be affected only in writing by an authorized officer of the Company. PreBuilt Marketing’s waiver of any particular breach by a Referral Sales Partner shall not affect or impair PreBuilt Marketing’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other Referral Sales Partner. Nor shall any delay or omission by PreBuilt Marketing to exercise any right arising from a breach affect or impair PreBuilt Marketing’s rights as to that or any subsequent breach. The existence of any claim or cause of action of a Referral Sales Partner against PreBuilt Marketing shall not constitute a defense to PreBuilt Marketing’s enforcement of any term or provision of the Agreement.
SECTION 3 - BECOMING A REFERRAL SALES PARTNER
3.1 - Requirements to Become a AIMIsocial Referral Sales Partner
To become a AIMIsocial Referral Sales Partner, each applicant must:
3.1.1 - Be at least 18 years of age;
3.1.2 – Are required to be a Pro Plus customer on a $124.99 plan;
3.1.3 - Submit via the app our Referral Sales Program sign-up form and accept this AIMIsocial Referral Sales Partner Agreement. The Company reserves the right to reject any applications for a new Referral Sales Partner applications.
3.2 - Referral Sales Partner Benefits Once a Referral Sales Partner Application and Agreement has been accepted by PreBuilt Marketing, the following benefits are available to the new Referral Sales Partner.
3.2.1 – Referral Sales Partners that enroll in PreBuilt Marketing are allowed to: -Sell PreBuilt Marketing software products to retail customers and receive profit from these sales as well as any sales made by their customers, sponsored RSP’s who choose to participate in the AIMIsocial Referral Sales Partner Program as explained in the official program overview document. - Receive periodic AIMIsocial literature and other PreBuilt Marketing communications.
SECTION 4 - OPERATING AS A REFERRAL SALES PARTNER
4.1 - Adherence to the AIMIsocial Commission Plan
RSPs must adhere to the terms of the commission plan as set forth in section 7 of this agreement. RSPs shall not offer the Referral Sales Partner Program, or in combination with, any other system, program or method of marketing other than that specifically set forth in official AIMIsocial literature without prior written approval from PreBuilt Marketing. RSPs shall not require or encourage other current or prospective customers to participate in AIMIsocial in any manner that varies from the program as set forth in official AIMIsocial literature. RSPs shall not require or encourage other current or prospective customers to execute any agreement or contract other than official PreBuilt Marketing agreements and contracts in order to become a Referral Sales Partner. Similarly, Referral Sales Partners shall not require or encourage other current or prospective customers or Referral Sales Partners to make any purchase from, or payment to, any individual or other entity to participate in the Referral Sales Partner Program other than those purchases or payments identified as recommended or required in official AIMIsocial literature.
4.2 - Business Entities
A Partnership, LLC or Corporation may be a Referral Sales Partner upon completion of the Referral Sales Partner Application form. The person signing the application on behalf of a business entity must have the authority of said entity for entering into the transaction.
4.3 - Changes to a Referral Sales Partner Account
4.3.1 - General
Each Referral Sales Partner must immediately notify PreBuilt Marketing of all changes to the information contained in his or her Referral Sales Partner Application and Agreement. RSPs may modify their existing Referral Sales Partner Form by submitting a written request and appropriate supporting documentation.
4.4 - Change of Referred Referral Sales Partner
To protect the integrity of our sales program and safeguard the hard work of all of our Referral Sales Partners, PreBuilt Marketing does not allow changes in who referred a Referral Sales Partner or customer for Referral Sales Partners whose accounts are in good standing and are not cancelled, with the exception that a customer may change who referred them within 3 days of their sign-up date due to a sign-up error. Maintaining the integrity of our sales program is critical for the success of every Referral Sales Partner . Accordingly, the transfer of a AIMIsocial customer account from one Referral Sales Partner or Referral Sales Partner to another is not permitted.
4.5 - Unauthorized Claims and Actions
4.5.1 - Indemnification
A Referral Sales Partner is fully responsible for all of his or her verbal and written statements made regarding PreBuilt Marketing products, services, and the Compensation Plan that are not expressly contained in official AIMIsocial Marketing materials. Referral Sales Partner agree to indemnify PreBuilt Marketing and PreBuilt Marketing’s directors, officers, employees, Referral Sales Partners and agents and hold them harmless from any and all liability, including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by PreBuilt Marketing as a result of the Referral Sales Partner ’s unauthorized representations or actions. This provision shall survive the termination of the Referral Sales Partner Agreement.
4.5.2 - Income Claims
The Federal Trade Commission and all states have laws or regulations that regulate or even prohibit certain types of income claims and testimonials made by independent salespeople. While Referral Sales Partner s may believe it beneficial to provide copies of checks, or to disclose the earnings of themselves or others, such approaches have legal consequences that can negatively impact PreBuilt Marketing as well as Referral Sales Partner making the claim unless appropriate disclosures required by law are also made contemporaneously with the income claim or earnings representation. Because Referral Sales Partners do not have the data necessary to comply with the legal requirements for making income claims, a Referral Sales Partner may NOT make income projections, income claims or disclose his or her AIMIsocial income (including the showing of checks, copies of checks, bank statements or tax records).
4.6 - Conduct at PreBuilt Marketing Events
4.6.1 - No Selling or Recruiting at AIMIsocial Marketing Events
Selling and recruiting at AIMIsocial events is not permitted. These activities take away from the primary focus of the event and can negatively reflect on the professional image of PreBuilt Marketing as a company. You may, however, offer a business card and/or catalog.
4.6.2 - No Selling or Recruiting for other Companies at AIMIsocial Marketing Events
Referral Sales Partners shall not sell any products or recruit for any business during AIMIsocial Marketing events. This restriction most specifically applies to sales and recruitment efforts for any other referral or marketing program, regardless of the product category, including those that do not compete with PreBuilt Marketing’s product line.
4.7 - Conflicts of Interest
4.7.1 - Non-compete Policy
Referral Sales Partners are free to participate in business ventures. Referral Sales Partner may not display PreBuilt Marketing products with any other products or services in a fashion that might in any way confuse or mislead a prospective customer into believing there is a relationship between the PreBuilt Marketing and non-PreBuilt Marketing products or services.
4.8 - Errors or Questions
If a Referral Sales Partner has questions about or believes any errors have been made regarding commissions, bonuses, customer activity reports, or charges, the Referral Sales Partner must notify the customer support by summiting a support ticket to [email protected] in writing, within 15 days of the date of the purported error or incident in question. PreBuilt Marketing will not be responsible for any errors, omissions or problems not reported to the Company within 15 days.
4.9 – Sales Aids Optional
Referral Sales Partners are not required to carry sales aids. Referral Sales Partner Partners who do so must make his or her own decision with regard to these matters. To ensure that Referral Sales Partners are not encumbered with Company Sales Aids, such Sales Aids may be returned to PreBuilt Marketing upon the Referral Sales Partners cancellation pursuant to the terms of Section 8.1.
4.10 - Governmental Approval or Endorsement
Neither federal nor state regulatory agencies or officials approve or endorse any referral program. Therefore, Referral Sales Partners shall not represent or imply that PreBuilt Marketing or its AIMIsocial Commission Plan have been “approved,” “endorsed” or otherwise sanctioned by any government agency.
4.11 - Holding Applications or Enrollments
Referral Sales Partners must not manipulate enrollments of new customers or installs.
4.12 - Identification
Upon enrollment, the Company will provide a unique Referral Sales Partner Identification Number to the Referral Sales Partner by which he or she will be identified. This number will be used to place orders and track commissions and bonuses. All RSPs are required to provide their Social Security Number, Federal Tax Identification Number, or other tax information to Hyperwallet our payments provider. Upon withdraw of initial commissions by each Referral Sales Partner, the Referral Sales Partners will be prompted to provide his or her tax information and to set up a Hyperwallet account.
4.13 - Income Taxes
Each Referral Sales Partner is responsible for paying local, state, federal or government taxes on any income generated as a Referral Sales Partner. If a Referral Sales Partner is tax exempt, the Federal Tax Identification Number must be provided to PreBuilt Marketing. Every year, PreBuilt Marketing will provide IRS Form 1099 (non-employee compensation) earnings statement to each U.S. resident who (a) had earnings of over $600 in the previous calendar year or (b) made purchases during the previous calendar year in excess of $5,000 wholesale. PreBuilt Marketing cannot accept a tax-exempt certificate from a Referral Sales Partner who resides in a state where tax exempt status is not granted. Referral Sales Partners is encouraged to check with their state government before sending a form to PreBuilt Marketing.
4.14 - Independent Contractor Status
Referral Sales Partners are independent contractors and are not purchasers of a franchise or a business opportunity. The agreement between PreBuilt Marketing and its Referral Sales Partners does not create an employer/employee relationship, agency, partnership or joint venture between the Company and the Referral Sales Partner. Referral Sales Partners shall not be treated as an employee for his or her services or for federal or state tax purposes. All Referral Sales Partners are responsible for paying local, state and federal taxes due from all compensation earned as a Referral Sales Partner of the Company. The Referral Sales Partner has no authority (expressed or implied) to bind the Company to any obligation. Each Referral Sales Partner shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Referral Sales Partner Agreement Form, and these Policies and Procedures, and applicable laws.
4.15 - Insurance
4.15.1 - Business Pursuits Coverage
You may wish to arrange insurance coverage for your referral business. Your homeowner’s insurance policy may not cover business related injuries or the theft of or damage to your business. Contact your insurance agent to make sure that your business property is protected.
4.16 - International Marketing
A Referral Sales Partner can refer the software to any business and sign up customers through their tracking link from anywhere globally where AIMIsocial is made available through the Apple and Google Play stores. Customers from anywhere in the world can apply to become a referral partner but it is the responsibility of that Referral Sales Partner to follow all laws dictated by the country they reside in.
4.17 - Laws and Ordinances
Referral Sales Partners shall comply with all federal, state and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home-based businesses. In most cases these ordinances are not applicable to Referral Sales Partners because of the nature of their business. However, Referral Sales Partners must obey those laws that do apply to them. If a city or county official tells a Referral Sales Partner that an ordinance applies to him or her, the Referral Sales Partner shall comply with the law.
4.18 - Minors
Referral Sales Partners shall not enroll customers under the age of 18. The one exception to this is if the minor has been adjudicated as an emancipated minor by a court of competent jurisdiction.
4.19 - Requests for Records
Any request from a Referral Sales Partner for copies of invoices, agreements, Downline activity reports or other records/reports will require a fee of $1.00 per page per copy. This fee covers the expense of mailing and time required to research files and make copies of the records.
4.20 - Separation of a AIMIsocial Referral Sales Partners Business
In the event of a dissolution of marriage of a Referral Sales Partner, and a spouse, arrangements must be made to assure that any division of the business assets is accomplished so as not to adversely affect the interests and income of other referral businesses. If the separating parties fail to provide for the best interests of other Referral Sales Partners and the Company, PreBuilt Marketing may be forced to involuntarily terminate the Referral Sales Partners Agreement. PreBuilt Marketing will make no arrangements without court approval or direction.
4.20.1 - During the pendency of a divorce or dissolution, the Company shall treat the referral business according to the status quo as existed prior to the filing of the divorce or dissolution.
Under no circumstances will the referral Organization of divorcing spouses be divided. Similarly, under no circumstances will PreBuilt Marketing split commission and bonus checks between divorcing spouses. PreBuilt Marketing will recognize only one referral Organization and will issue only one commission check per PreBuilt Marketing business per commission cycle. Commission checks shall always be issued to the individual whose name appears on the Referral Sales Partner Agreement. Prebuilt Marketing will in no case be liable or responsible for any error in payment to either party to the divorce.
4.21 – Referral Sales Partner Marketing
4.21.1 - Referral Sales Partners may create and launch his or her own blogs, websites, and/or lead generation funnels for customer acquisition only with the prior approval of PreBuilt Marketing.
4.21.2 - Referral Sales Partners may market AIMIsocial app through email marketing if Referral Sales Partner adheres to all laws and regulations governing such use and does not perform spam. Referral Sales Partners may use email marketing solely to market to opt-in lists. Email marketing to purchased lists is strictly prohibited. All email marketing materials must be approved prior to use by PreBuilt Marketing.
4.21.3 - Referral Sales Partners may market AIMIsocial app through text message marketing if Referral Sales Partner adheres to all laws and regulations governing such use and does not perform spam. Referral Sales Partner may use text message marketing solely to market to opt-in lists. Text message marketing to purchased lists is strictly prohibited. All text message marketing materials must be approved prior to use by PreBuilt Marketing.
4.21.4 - Referral Sales Partners may market the AIMIsocial app via social media marketing using approved content and marketing materials.
4.21.5 - Referral Sales Partners may market the AIMIsocial app via paid advertising using approved ads approved by PreBuilt Marketing prior to the ad campaign starting.
4.21.6 - The name of PreBuilt Marketing, PreBuilt, PBM, AIMIsocial, AIMI, AIMI App, AIMI Social, and other names as may be adopted by PreBuilt Marketing are proprietary trade names, trademarks and service marks of PreBuilt Marketing. As such, these marks are of great value to PreBuilt Marketing and are supplied to Referral Sales Partners for their use only in an expressly authorized manner. Use of the PreBuilt Marketing name on any item not produced by the Company is prohibited:
4.21.7 - All Referral Sales Partners can NOT list themselves as an “AIMIsocial Referral Sales Partners” in the residential telephone directory (“white pages”) under their own name.
4.21.8 - Referral Sales Partners can NOT place telephone directory display ads in the classified directory (“Yellow Pages”) using AIMIsocial or PreBuilt Marketing’s name or logo.
4.21.9 - Referral Sales Partners can NOT answer the telephone by saying “PreBuilt Marketing,” “PreBuilt Marketing Processing,” “AIMIsocial,” or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of AIMIsocial or PreBuilt Marketing.
4.21.10 - Advertising is not limited to print media; it also includes internet advertising and other forms of advertising. It is prohibited for a Referral Sales Partners to use an internet (URL), social media handle, title tag or email address that utilizes the trade name PreBuilt Marketing, PreBuilt, PBM, and AIMIsocial or includes PreBuilt Marketing, PreBuilt, PBM, and AIMI in a portion of the address or title. It is also prohibited for a Referral Sales Partner to use any website materials on a website that references or relates to AIMIsocial or PreBuilt Marketing that is not authorized in writing by PreBuilt Marketing. It is also prohibited for a Referral Sales Partner to place links to unauthorized websites or webpages onto a website or webpage that has been authorized by PreBuilt Marketing.
4.21.11 - Referral Sales Partners are prohibited from creating profiles which represent AIMIsocial or PreBuilt Marketing on software review websites, such as, but not limited to, CNet, G2Crowd, Capterra, etc.
4.21.12 - As a Referral Sales Partner you agree within 10 days of a written notice from PreBuilt Marketing to take down any marketing materials, information, social post, websites, videos, etc. that have AIMIsocial or PreBuilt Marketing on them. Failure of this can lead to termination of your Agreement.
4.21.13 - As a Referral Sales Partner you agree not to mis represent yourself as a Referral Sales Partner or recruit others to become Referral Sales Partners unless done through your Referral Sales Partner.
4.22 - Telemarketing
The Federal Trade Commission and the Federal Communications Commission 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. While you may not consider yourself a “telemarketer” in the traditional sense of the word, these regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000.00 per violation). Therefore, Referral Sales Partners must NOT engage in telemarketing relative to the operation of their AIMIsocial Referral Sales Partner Program business. The term “telemarketing” means the placing of one or more telephone calls to an individual or entity to induce the purchase of a AIMIsocial or PreBuilt Marketing product or service, or to recruit them for the Referral Sales Partner Program. “Cold calls” made to prospective customers or RSPs that promote either AIMIsocial or PreBuilt Marketing’s products or services or the AIMIsocial Referral Sales Partner Program constitute telemarketing and are prohibited. However, a telephone call(s) placed to a prospective customer (a “prospect”) is permissible under the following situations:
In addition, Referral Sales Partners shall not use automatic telephone dialing systems relative to the operation of their Referral Sales Partner Program business. The term “automatic telephone dialing system” means equipment which has the capacity to (a) store or produce telephone numbers to be called using a random or sequential number generator and (b) to dial such numbers.
SECTION 5 - RESPONSIBILITIES OF A RSP
5.1 - Change of Address or Telephone To ensure timely delivery of products, support materials and commission checks, it is critically important that PreBuilt Marketing’s files are current. Referral Sales Partners planning to move should mail PreBuilt Marketing corporate office, at 284 C East Lake Mead Parkway PMB157 Henderson NV 89012 their new address and telephone numbers. In the alternative, Brand Partner may email PreBuilt Marketing at customer service email provided on website. To guarantee proper delivery, two-weeks advance notice to PreBuilt Marketing is recommended on all changes.
5.2 – Non-disparagement
PreBuilt Marketing wants to provide its Referral Sales Partners with the best products, compensation plan and service in the industry. Accordingly, we value your constructive criticisms and comments. All such comments should be submitted in writing to the PreBuilt Marketing corporate offices. While PreBuilt Marketing welcomes constructive input, negative comments and remarks made in the field by Referral Sales Partners about the Company, its products or Compensation plan serve no purpose other than to sour the enthusiasm of other Referral Sales Partners . For this reason, and to set the proper example for others, Referral Sales Partners must not disparage, demean or make negative remarks about AIMIsocial, PreBuilt Marketing, other AIMIsocial Referral Sales Partners, Referral Sales Partners, PreBuilt Marketing’s services, the Compensation Plan or PreBuilt Marketing’s directors, officers or employees.
5.3 - Reporting Policy Violations
Referral Sales Partners observing a policy violation by another Referral Sales Partner should submit a written report of the violation directly to the attention of the PreBuilt Marketing Compliance Department. Details of the incident(s), such as dates, number of occurrences, persons involved and any supporting documentation, should be included in the report.
SECTION 6 - SALES REQUIREMENTS
6.1 - Product Sales
The Referral Sales Partner commission structure is based upon the sale of PreBuilt Marketing products and services to end user consumers. Referral Sales Partners must fulfill all responsibilities set forth in the Agreement to be eligible for bonuses and commissions.
6.2 - Territory Restrictions
There are no exclusive territories granted to anyone. No franchise fees are required.
SECTION 7 - BONUSES AND COMMISSIONS
7.1 - Bonus and Commission Qualifications
A Referral Sales Partner must be in good standing and in compliance with the Agreement and these policies to qualify for bonuses and commissions. So long as a Referral Sales Partner complies with the terms of the Agreement and these policies, PreBuilt Marketing shall pay commissions to such RSP in accordance with the commission as outlined below.
7.2 - Commission Payments and Promotions
7.2.1 - Payments, Calculations, and Bonuses
Commissions will be calculated according to the commission structure as outlined in the table below. Commission reports will be provided to Referral Sales Partner on-line, via web access. All payouts shall be made to a Referral Sales Partner through Hyperwallet. No payouts shall originate from the Company directly. Referral Sales Partner shall comply with the rules and regulations of Hyperwallet in regard to withdraw limits. It is the responsibility of each Referral Sales Partner to adhere to the rules and regulations of Hyperwallet.
Earn recurring commissions up to two customer tiers. You can earn a recurring monthly commission from the customers you personally referred and any subscriptions your customers refer.
Tier #1 Pro Plus Plan $124.99 – Your Customer
|Plan||Your Commission per month|
|Pro Plus||$30 USD|
Tier #2 Pro Plus Plan $99.99 – Referred By Your Customer
|Plan||Your Commission per month|
|Pro Plus||$15 USD|
Earn up to one of our influencer bonuses every quarter when you achieve the requirements as outlined below.
$500 bonus 3 personal customers 25,000 in quarterly sales volume
5 personal customers
50,000 in quarterly sales volume
8 personal customers
100,000 in quarterly sales volume
8 personal customers
200,000 in quarterly sales volume
Your quarterly sales volume is calculated from the total monthly sales generated from all customer referral tiers you have. We begin with your customers on the 1st tier. The 2nd tier is constructed with your customer’s referred customers. This process continues as many tiers as possible to calculate your monthly sales volume.
7.2.2 - Promotions
Promotions are determined based on business organization and sales activity for each applicable period.
7.3 - Adjustment to Bonuses and Commissions
7.3.1 - Adjustments for Returned Products
Referral Sales Partners receive bonuses and commissions based on customer subscriptions. When a service is cancelled and refund is authorized by the Company, the bonuses and commissions attributable to the refunded service(s) will be deducted in the month in which the refund is given, and continuing every pay period thereafter until the commission is recovered from the Referral Sales Partner who received bonuses and commissions on the sales of the refunded service(s).
7.2.3 - Adjustments for Sales or Discounts
If PreBuilt Marketing offers sales, discounts, or promotions on our subscription plans. Commissions paid to the RSP will adjust equally with Corporate for the deal offered. PreBuilt Marketing will provide notice to RSPs before the promotion start date of the changes to commission amounts for customers who subscribe to AIMIsocial using the promotional offer.
7.4 - Reports
All information provided by PreBuilt Marketing in online or telephonic Sales Activity Reports, including but not limited to personal sales volume (or any part thereof), and referral activity is believed to be accurate and reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error; the accuracy, completeness and timeliness of orders; denial of credit card and electronic check payments; returned products; and credit card and electronic check charge-backs, the information is not guaranteed by PreBuilt Marketing or any persons creating or transmitting the information. All personal sales volume information is provided “as is” without warranties, expressed or implied, or representations of any kind whatsoever. In particular, but without limitation, there shall be no warranties of merchantability, fitness for a particular use or non-infringement. To the fullest extent permissible under applicable law, PreBuilt Marketing and/or other persons creating or transmitting the information will in no event be liable to any Referral Sales Partners or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of the use of or access to personal sales volume information (including but not limited to lost profits, bonuses, or commissions, loss of opportunity and damages that may result from inaccuracy, incompleteness, inconvenience, delay or loss of the use of the information), even if PreBuilt Marketing or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, PreBuilt Marketing or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.
Access to and use of PreBuilt Marketing’s online reporting services and your reliance upon such information is at your own risk. All such information is provided to you “as is.” If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to PreBuilt Marketing’s online reporting services and your reliance upon the information.
SECTION 8 - RETURNS AND SALES AIDS REPURCHASE
8.1 - Retail Sales
Personal service and retail sales to the customer are the foundation of PreBuilt Marketing. The entire commission structure is based upon retail sales referred by the Referral Sales Partner as well as their customers.
SECTION 9 - DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
9.1 - Disciplinary Sanctions
Violation of the Agreement, these Policies and Procedures or any illegal, fraudulent, deceptive or unethical business conduct by a Referral Sales Partner may result, at PreBuilt Marketing’s discretion, in one or more of the following corrective measures:
9.2 - Grievances and Complaints
When a Referral Sales Partner has a grievance or complaint with a Referral Sales Partner or another Referral Sales Partner regarding any practice or conduct in relationship to their respective PreBuilt Marketing business it must be reported in writing to the Company. The Company will review the facts and determine if a policy violation has occurred and take appropriate action.
9.3 - Arbitration
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or other recognized arbitration service, under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Referral Sales Partner waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in the County of Clark, Nevada, unless the laws of the state in which a Referral Sales Partner resides expressly require the application of its laws, in which case the arbitration shall be held in the capital of that state. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions, selected from the panel that the American Arbitration Panel provides. The prevailing party shall be entitled to receive from the losing party, OR each party to the arbitration shall be responsible for its own, costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
Nothing in this agreement shall prevent PreBuilt Marketing from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction or other relief available to safeguard and protect PreBuilt Marketing’s 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.
9.4 - Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside in Clark County, State of Nevada. The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Nevada shall govern all other matters relating to or arising from the Agreement.
9.4.1 - Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
SECTION 10 - INACTIVITY AND CANCELLATION
10.1 - Effect of Cancellation
So long as a Referral Sales Partners subscription remains in good standing and complies with the terms of the AIMIsocial Referral Sales Partner Agreement, PreBuilt Marketing shall pay commissions to such Referral Sales Partner in accordance with the Commission Plan. If your AIMIsocial Subscription is suspended, all future commissions will be forfeited until your account is in good standing. A Referral Sales Partner’s bonuses and commissions constitute the entire consideration for the Referral Sales Partner’s efforts in generating sales and all activities related to generating sales). Following a Referral Sales Partner’s termination for inactivity, or voluntary or involuntary termination of his or her Referral Sales Partner Agreement (all of these methods are collectively referred to as “termination”), the former Referral Sales Partner shall have no right, title, claim or interest to the customers that he or she referred, or any commission or bonus from the sales generated by their customers. A Referral Sales Partner whose referral business is terminated will lose all rights as a Referral Sales Partner. This includes the right to sell PreBuilt Marketing products and services and the right to receive future commissions, bonuses or other income resulting from the sales and other activities of the Referral Sales Partner’s former customers. In the event of termination, Referral Sales Partners agree to waive all rights they may have, including but not limited to property rights, to their former customers and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former referred customers.
Following a Referral Sales Partner’s termination of his or her Referral Sales Partner Agreement, the former Referral Sales Partner shall not hold himself or herself out as a AIMIsocial Referral Sales Partner. A Referral Sales Partner whose Referral Sales Partner Agreement is terminated shall receive commissions and bonuses only for the last full pay period he or she was active prior to cancellation (less any amounts withheld during an investigation preceding an involuntary termination).
10.2 - Involuntary Termination
A Referral Sales Partner’s violation of any of the terms of the Agreement, including any amendments that may be made by PreBuilt Marketing in its sole discretion, may result in any of the sanctions listed in Section 9.1, including the involuntary termination of his or her Referral Sales Partner Agreement. Cancellation shall be effective on the date on which written notice is mailed, faxed or delivered to an express courier to the Referral Sales Partner’s last known address (or fax number), or to his or her attorney, or when the Referral Sales Partner receives actual notice of termination, whichever occurs first.
10.3 - Voluntary Termination
A Referral Sales Partner has a right to cancel, at any time, regardless of reason their participation in the Referral Sales Partner Program. Termination of your participation in the Referral Sales Partner program must be submitted to our support desk at [email protected] The written notice must include the Referral Sales Partner’s, printed name, address and Referral Sales Partner ID number.
10.4 - Complete Agreement
This agreement, any and all modifications made by the Company, along with the Terms and Conditions make up the entire agreement between a Referral Sales Partner and Company.