Swiss Cyber Safe, GmbH
The Application & Agreement, Policies & Procedures and Compensation Plan are specifically incorporated herein by reference. They, along with these Terms & Conditions, form the Agreement between:
Swiss Cyber Safe, GmbH (“Company”) and the Independent Sales Representative “Affiliate”. They shall be effective only upon acceptance by Swiss Cyber Safe, (“SFS” going forward) at its principal office:
Swiss Cyber Safe, Gmbh
Independent Sales Representative (Affiliate) AGREES:
1. Affiliate is of legal age in the state/province or country in which he/she resides.
2. Affiliate can participate on either a part or full time basis. The Swiss Cyber Safe Affiliate will need to learn the services offered and able to assist their customers with the basic set up for each service. Affiliates are encouraged to have ongoing contact, communication and arrangement with his or her sales team/customers for their own benefit in growing and/or retaining their business. Examples may include, but not limited to: invitations to listen to calls, email, newsletters, correspondence, meetings, telephone contact, and accompanying individuals to company training sessions.
3. Affiliate earns compensation solely on the sale of services to resellers and consumers. A Customer desiring to switch servicing resellers must request the change via email to our admin team.
4. Applicant is, upon acceptance, an Affiliate conducting business for her/his own account and not as an agent, employee, or franchisee for SCS. As such, Affiliate must provide his/her Social Security or Federal Tax ID Number for tax reporting purposes on any monies earned within the country. No more than $600 in commissions can be paid to an individual social security number. Upon earning $600 in commissions, the reseller will need have a Corporation Tax ID on file in order for commissions to be paid. Each Affiliate will be responsible to file their own corporate tax returns in their residence country. All Affiliates should consult their attorney or tax consultant for information on monies earned and where received. Commissions are paid exclusively to one Bank record per ID, no commission splits using the same ID and the duplicate Bank information cannot be used with any other Affiliates ID. The Affiliate further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Affiliate shall be responsible for obtaining all licenses required by law in whatever State, County or Country in which they reside, and pay all applicable fees and taxes.
5. Affiliate agrees to accept the sole responsibility for all self-employment and all legal country/federal and state and local income and sales taxes and any other taxes on income earned as a Affiliate. SCS will file appropriate tax earnings report forms on each Affiliate at the close of the calendar year for the amount of commissions and bonuses earned in their country of residence under this agreement.
6. Affiliate agrees that SCS is not liable for city, county, state, local and country/federal income taxes, sales taxes or other fees pertaining to sales and earnings of an Affiliate and will hold SCS harmless from all of same.
7. Affiliate SHALL NOT promote or sell other companies’ sales programs, products or Company functions on websites where SCS is mentioned, or use SCS forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
8. Affiliate shall not sponsor or attempt to sponsor another Company Independent Sales Representative into another Direct Sales and/or Marketing Company except for her/his personally sponsored Affiliate . In addition, no Affiliate shall participate in any action that causes an Affiliate to be sponsored through someone else into another company.
9. Affiliate will make no claims as to income potential either written or oral except those prepared by SCS for illustration purposes only.
10. Affiliate will not make any claims of any kind pertaining to the benefits of SCS services except those given in official company promotional media. When presenting the SCS program to others, Affiliate shall present the program in its entirety, without omission, distortion or misrepresentation so they will have a thorough understanding of the services we offer.
11. Affiliate shall not represent or imply, directly or indirectly, that SCS has been approved or endorsed by any governmental agency. (Federal and State regulatory agencies do not approve or endorse any SCS services or programs.)
12. Affiliate will indemnify and hold SCS harmless from any and all claims, expenses, costs, causes of action and damages resulting from or growing out of Consultant statements or actions in violation of this agreement.
13. Should Affiliate be terminated for cause, Affiliate customers may be transferred to his/her first active sponsoring Affiliate.
14. Will only apply if SCS adds physical products. All product(s) in resalable condition purchased within 90 days prior to termination may be returned (shipping prepaid). SCS will repurchase such products at 90% of the original price less any bonus or commissions paid. Any laws in any jurisdiction inconsistent herewith are adopted herein and will be followed.
15. The terminated Affiliate will be eligible to reapply and may choose a new sponsor after six (6) months. A terminated Affiliate that reenters the program may not sponsor any of her/his original Affiliate organization.
16. Affiliate understands that SCS does not permit changing of sponsors. Marketing is a business of creating relationships. Once a Affiliate is sponsored, SCS believes in maximum protection of that relationship.
17. Affiliate hereby supplies SCS with his/her signature for SCS files and understands that this signature is the signature of record for all debit card, ACH and any future credit card transactions.
18. Affiliate hereby agrees that he/she will not use collect, store, publish and/or disseminate any and all Affiliate or Customer contact information. Collection and use of this information for purposes not related to SCS services is a violation of SCS policy and violators will be prosecuted. Terminated resellers must show proof of deleting any SCS Affiliate or customer information.
19. Affiliate without a sales tax ID number authorizes SCS to remit to proper agencies the sales/use tax generated as a result of Affiliate sales.
20. Affiliate understands that SCS will provide the Affiliate with a replicated Web Page, when available as part of. SCS will activate all services upon receipt of good funds.
21. As an Independent Contractor, Affiliate is aware of the contractual obligations that occur when she/he purchases services from SCS. Affiliate understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Affiliate than when ordering as a customer. Affiliate therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the SCS. Any order returns, refunds or exchanges shall be done through SCS and not through any credit card company.
22. In the event that SCS adds physical products, Affiliate understands that USA residents in the States of Maine, North Dakota, Michigan, Indiana, Iowa and West Virginia are limited to a total of $495.00 in sales aids and personal wholesale product purchases from SCS during the first six months. Purchases shall be automatically modified to comply with the exemption requirements set forth in any country/states laws regulating business opportunities.
Swiss Cyber Safe AGREES:
23. SCS will pay Affiliate commissions and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Affiliate and his/her sales organization under the terms of Compensation Plan below:
Less than 3 new sales per month earns Affiliate 10% of sale and 5% on renewals
10+ new sales/renewals monthly = 25%/20%
- Non-Active Affiliates (less than 5 sales per month) will earn a 5% renewal rate.
- All figures are monthly and are reset the 1st of each month.
24. SCS will retain full authority to accept or reject any Application or any order for services. Such refusal is solely within the discretion of the SCS. No right of action against SCS will arise because of any such acceptance or refusal.
25. SCS reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revisions become effective by email, letter(s) or by publication in official company literature or posted to Affiliate at his or her last known address. Affiliate agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Affiliate Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are a part of this agreement.
26. SCS shall not be responsible for acts beyond its control, including but, not limited to: fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
27. Marketing materials can be created by the reseller and content from either SCS website can be used. A copy of the material must be emailed to email@example.com for approval prior to use. All Affiliates must use their SCS website for all sales transactions.
28. With the exception of the Affiliate annual subscriptions for the Secure Email, VPN and Swiss Safe, SCS does not require Affiliate to sponsor and does not require an additional fee to be an Affiliate .
29. SCS reserves the right to terminate this agreement immediately upon receipt of sufficient information that Affiliate has violated any term or condition of this agreement or has otherwise acted illegally or unethically.
30. SCS will honor refund policies provided by any governmental law applicable to Affiliate.
31. SCS requires that all Affiliates obey the letter and the spirit of the law.
32. I have not violated any non-competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming an Affiliate for SCS will not be violating any agreement or contract, including non-competition, non-compete, non-solicitation entered in with any other organization.