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myDirtCheap.com |
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It can become ‘dirt cheap’ when using technology and innovative marketing |
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In consideration of the mutual covenants contained herein, the Parties hereby agree as follows:
1) Duties:
Contractor’s duties, description of services to be performed are as follows: · Obtain the necessary knowledge of myDirtCheap.com’s services and products to inform potential myDirtCheap.coms of their benefits and costs. · Solicit myDirtCheap.com’s offerings to subscribe and/or purchase myDirtCheap.com’s services and/or products. · To create a sales organization by enlisting other partner contractors to perform the same duties outlined here.
2) Compensation / Payment:
MyDirtCheap.com agrees to compensate the Contractor as described and set forth below: · A commission will be paid for each purchase of the services and/or products obtained through the Contractors efforts, up to a determined level. · The determined level and commission paid will be based upon the service and/or product offered as further outlined in Exhibit A
3) Assignment of Products:
Upon request, Contractor will provide, execute, and return to MyDirtCheap.com whatever documents, information, and materials are in Contractor’s possession or reasonably available to Contractor to enable MyDirtCheap.com to protect its copyrights, patents, trade secrets, and other intellectual property rights in any materials produced as a result of this Agreement. Any equipment or software that was provided to Contractor for use under the terms of this Agreement will also be returned promptly to MyDirtCheap.com
4) Confidentiality:
Contractor acknowledges that during the engagement he/she will have access to various trade secrets, inventions, processes, information, records and products owned by myDirtCheap.com and/or used by myDirtCheap.com in connection with the operation of its business including, without limitation, myDirtCheap.com’s customer lists, accounts, and procedures. Contractor agrees that he/she will not disclose any of these materials or information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this Agreement with myDirtCheap.com.
5) Entire Understanding:
This agreement and any Exhibit(s) attached hereto constitute the entire understanding and agreement of the parties, and any prior agreements or understandings are hereby cancelled. All subsequent modifications of this Agreement shall be in writing and signed by the Parties.
6) Assignment:
Contractor shall not assign any of his/her rights, or delegate his/her duties, under this Agreement, without the written consent of myDirtCheap.com.
7) Force Majeure:
Neither Party will be responsible for delays or failure of performance under this Agreement resulting from acts of God, war, strikes, epidemics, failure of suppliers to perform, earthquakes, power failures, or other causes beyond the control of that Party which render performance by that Party impossible.
8) Term of Agreement:
This Agreement will commence as of the date application filed and shall remain in effect until the product(s) and/or services are completed or until terminated by myDirtCheap.com by giving Contractor five (5) days written notice. Should myDirtCheap.com wish to terminate this Agreement due to Contractor’s failure to perform services to myDirtCheap.com’s satisfaction; Contractor shall have five (5) days to satisfy myDirtCheap.com and to cure any problems following written notice from the myDirtCheap.com describing such problems or unsatisfactory work. If the work is still deemed unsatisfactory by myDirtCheap.com after five (5) days, the Agreement shall be immediately terminated.
9) Contractor’s Warranties:
Contractor warrants that, except as otherwise described in Exhibit A:
9.1) Contractor warrants that in carrying out the services described in this Agreement, Contractor’s best technical procedures, skill, and judgment will be used to perform the work as described in Exhibit A. Contractor will perform the work in a manner consistent with myDirtCheap.com’s best interests.
9.2) Contractor warrants that it will provide the product(s) and/or services as described in Exhibit A that conforms to the specifications agreed upon between myDirtCheap.com and Contractor.
9.3) Contractor warrants that neither the completed product(s) and/or services nor any its components have been previously produced / published in whole or in part in any format.
9.4) Contractor warrants that the completed product(s) and/or services provided by Contractor to myDirtCheap.com do not infringe on any copyright, trademark, patent, trade name, or other intellectual property right belonging to any person or business entity.
10) Contractor’s Declarations:
Contractor agrees to and makes the following declarations (initial in space provided):
10.1) Contractor is an independent contractor. Contractor has not previously been employed by myDirtCheap.com, and Contractor is not an agent or employee of myDirtCheap.com. Contractor shall have no right to bind myDirtCheap.com, and myDirtCheap.com shall not be liable on account of any action or inaction on the part of Contractor, except as provided herein.
10.2) Contractor is responsible for and possesses or will timely obtain all necessary licenses or permits to perform the work for myDirtCheap.com under this Agreement. Contractor shall comply with all applicable federal, state, and local laws in performing his/her duties under this Agreement.
10.3) Contractor shall be responsible for his/her own self-employment, payroll, and income taxes
10.4) Contractor shall not be entitled to any unemployment compensation, health insurance, disability insurance, workman’s compensation insurance, or other benefits not specified in this Agreement while providing, or on account of providing, product(s) and/or services to myDirtCheap.com.
10.5) Contractor shall receive no training from myDirtCheap.com.
10.6) Contractor shall not solicit customers or other sales personnel through marketing methods using direct mail campaigns through the U.S. Postal mail or by using SPAM using email. This restriction does not prohibit opt-in email campaigns.
10.7) Contractor shall perform work for myDirtCheap.com under this Agreement on a non-exclusive basis and shall retain the right to provide the same or similar product(s) and/or services to other firms, provided that such work does not interfere with the ability of Contractor to fulfill its obligations to myDirtCheap.com under this Agreement.
10.8) Subject to any deadline(s), time limit(s), or other schedule considerations specified in any Exhibit to this Agreement, Contractor shall schedule his/her own time and provide or create the product(s) or perform services at his/her own pace.
10.9) Contractor shall be responsible for his/her own expenses and equipment.
11) Applicable Law:
This Agreement shall be deemed to be made and performed in, and shall be governed by and construed in accordance with the laws of the State of Florida
12) Agreement of Terms and Conditions: The Contractor hereto by clicking on the Agree button (on the Enrollment Form) agrees to this Agreement and agrees that it shall be binding upon the parties and their respective heirs, successors, and assigns.
Exhibit A
Product or Service: PC Monitoring
Sales Price: $29.95 |