This Referral Incentive Agreement is made effective as of the signed date below ("Date") by and between("Tax Preparer") Shunshine Tax Services LLC ("Tax Preparation Company") In this Agreement, the party who is contracting to receive the services shall be referred to as "Shunshine Tax Preparation Company," and the party providing the services shall be referred to as "Tax Preparer."agreement (the “Agreement”) is made on 1/8/2023 by and between Tax Preparer. In consideration of the mutual agreement made herein, both parties agree as follows:
WHEREAS, Shunshine Tax Service Preparation Company is in the business of processing tax returns and providing support services to tax preparers; and
WHEREAS, Tax Preparer seeks to utilize the tax preparation and support services provided by Shunshine Tax Service Preparation Company;
In consideration of the facts recited above, and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on the date signed, Shunshine Tax Service Preparation Company will provide the following services (collectively, the "Services"):
a) Cloud Based Tax Software;+
b) Banking Support;
c) Company Support;
d) Software Training (self-paced video); and
e) Training and Support to Tax Preparer.
2. REMUNERATION FOR SERVICES. Tax Preparer is entitled to receive 50% of fees collected from clients for Services rendered. Tax Preparer is required to issue an invoice to Shunshine Tax Service provided to his/her clients. Tax Preparer will be paid from fees actually collected and will not be paid in instances where no fees are collected from clients. When a client's fee is taken from the client's refund, Tax Preparer will not be paid until that refund is issued. Tax Preparer is responsible for establishing the fee that is charged to each customer.
Tax Preparer is aware of the percentage per agreement with owners. Preparer will get 10% Royalties from their team members returns after the following conditions are meet:
* Preparer must have 15 paid out tax returns by April 30th to activate the 10% Royalties from team members. Royalties will be paid on or before June 30th.
3. TAX PREPARER TAX RETURN. Tax Preparer's personal tax return processed through Shunshine Tax Service Preparation Company's software will be $249, plus applicable fees. No commissions will be paid on personal tax returns. Tax Preparer is responsible for cash advance fees.
4. TERM/TERMINATION. This agreement automatically terminates on August 31, 2023. Tax Preparer will be subject to liability for breach of contract if, at any time prior to August 31, 2023, Tax Preparer terminates this agreement. Similarly, Shunshine Tax Service Preparation Company cannot terminate this agreement prior to August 31, 2023, unless Tax Preparer violates a term of this agreement. If Shunshine Tax Service Preparation Company terminates this agreement where no breach of this agreement is found, Shunshine Tax Service Preparation Company will not be liable for breach of this contract. Termination for cause includes, but is not limited to, (a) a material violation of this agreement and has failed to cure such breach within five (5) days after receipt of written notice of such breach provided by the non- breaching Party; (b) engaging in any unlawful business practice related to that Party's performance under the agreement; or (c) any act exposing the other party to liability to others due to a willful violation, destruction of property and or any bodily harm.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that Tax Preparer is an independent contractor with respect to Shunshine Tax Preparation Company, and not an employee of Shunshine Tax Preparation Company. As such, Shunshine Tax Preparation Company will not provide fringe benefits, including health insurance benefits, paid vacation leave, workers' compensation insurance, or any other employee benefit, for the benefit of Tax Preparer. Shunshine Tax Preparation Company will not (1) withhold FICA (Social Security and Medicare taxes) from Tax Preparer's payments or make FICA payments on Tax Preparer's behalf; (2) make state or federal unemployment compensation contributions on Tax Preparer's behalf, or (3) withhold state or federal income tax from Tax Preparer's payments. Shunshine Tax Preparation Company shall pay all taxes incurred while performing services under this agreement - including all applicable income taxes and self-employment (Social Security) taxes.
6. LEGAL AGE. Tax Preparer must be of legal age in the state / province / country of their residence.
7. PTIN. Tax Preparer is required to obtain and maintain a Preparer's Tax Identification Number (PTIN) in accordance with the IRS's rules and regulations in place during the period covered by this agreement. Tax Preparer will not be allowed to prepare a return as a tax preparer for Shunshine Tax Preparation Company without a registered PTIN. This agreement becomes null and void if Tax Preparer fails to obtain or, for any reason ceases to have a valid PTIN. Tax Preparer is required to only use his/her PTIN with Shunshine Tax Service
8. CODE OF CONDUCT. Tax Preparer is required to govern himself/herself in accordance with all relevant state and federal laws, in particular those laws that address tax return preparation. Additionally, Tax Preparer is required to comply with any and all relevant administrative rules and regulations, particularly IRS Circular 230. Any willful or malicious activity conducted by Tax Preparer regarding the falsifying of documents or information in a tax return will be transferred to the Internal Revenue Service (IRS) and any other appropriate authorities. Additionally, by executing this agreement, Tax Preparer acknowledges that he/she is aware of the due diligence requirements and penalties imposed by the IRS with respect to the preparation of returns containing refundable credits (the earned income tax credit, the child tax credit, and the education expense credit Tax Preparer additionally agrees to prepare returns that follow these IRS due diligence requirements and that failure to do so represents a breach of this agreement.
9. LIABILITY. Tax Preparer is liable for following all applicable rules and regulations in the state in which they operate, and the IRS for all Services rendered under this agreement. By executing this agreement, Tax Preparer agrees to correct any errors or omissions whether intentional or inadvertent without compensation from Shunshine Tax Preparation Company. Tax Preparer agrees that any liability associated with the provision of Services under this agreement will be that of the individual Tax Preparer and not Shunshine Tax Preparation Company. Shunshine Tax Preparation Company shall not be liable to Tax Preparer's employees, governmental agencies or any other third parties as a result of Tax Preparer's failure to comply with any applicable federal, state or local law or any disputes arising from the essential terms and conditions of an employee's employment such as, but not limited to, hiring, firing, discipline, supervision, direction, wages and working conditions. Tax Preparer shall indemnify and hold harmless Tax Preparation Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to, Tax Preparer's employment and/or business practices.
10. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions,improvements, new techniques, patents, products, materials, protocols, research papers, new programs or products, or other information (collectively, the "Work Product") made or developed in whole or in part by Tax Preparer within or after normal working hours in connection with the business or activities of Shunshine Tax Preparation Company or any of its subsidiaries, shall be deemed to have been made or developed by Tax Preparer solely for the benefit of Shunshine Tax Preparation Company and will be considered "work made for hire" within the meaning of the United States Copyright Act, Title 17, United States Code, which vests all copyright interest in and to the Work Product in Shunshine Tax Preparation Company. In the event, however, that any court of competent jurisdiction finally declares that the Work Product is not or was not a work made for hire as agreed, Tax Preparer agrees to assign, convey, and transfer to Shunshine Tax Preparation Company all right, title and interest Tax Preparer may presently have or may have or be deemed to have in and to any such Work Product and in the copyright of such work, including but not limited to, all rights of reproduction, distribution, publication, public performance, public display and preparation of derivative works, and all rights of ownership and possession of the original fixation of the Work Product and any and all copies. Additional, Tax Preparer agrees to execute any documents necessary for Shunshine Tax Preparation Company to record and/or perfect its ownership of the Work Product and the applicable copyright.
11. CLIENTS. Tax Preparer is responsible for generating his/her own leads and clients for return preparation. Any clients obtained by Tax Preparer are the property of Tax Preparer.
12. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Shunshine Tax Preparation Company are the property of Tax Preparer.
13. TRAINING. Tax Preparer is required to complete all training necessary to qualify for and maintain his/her paid preparer status with the IRS. Shunshine Tax Preparation Company may facilitate such training, but any such training is the IRS's training program that the IRS requires paid preparers to complete. A training assessment will be issued at the completion of the training. Tax Preparer is required to score 70% or better on examinations conducted with respect to any training in ordered to qualify to contract with Shunshine Tax Preparation Company.
14. CONTINUING EDUCATION. Tax Preparer is responsible for completing any and all continuing education required to maintain his/her PTIN as mandated by the IRS.
15. CONFIDENTIALITY. Tax Preparer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Shunshine Tax Preparation Company to any third party whether or not such conveyance personally benefits Tax Preparer. Tax Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Shunshine Tax Preparation Company. Tax Preparer will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Tax Preparer will return to Shunshine Tax Preparation Company all records, notes, documentation and other items that were used, created, or controlled by Tax Preparer during the term of this Agreement with respect to any Services provided that are required for Shunshine Tax Preparation Company to comply with any due diligence requirements imposed by the IRS.
Confidential Information" shall mean any data or information that is competitively sensitive material and not generally known to the public, including but not limited to, information relating to development and plans, marketing strategies, finance, operations, systems, proprietary concepts, documentation, reports, data, specifications, computer software, source code, object code, flow charts, data, databases, inventions, know-how, trade secrets, client lists, client relationships, client profiles, supplier lists, supplier relationships, supplier profiles, pricing, sales estimates, business plans and internal performance results relating to the past, present or future business activities, technical information, designs, processes, procedures, formulas or improvements, which Shunshine Tax Preparation Company considers confidential and proprietary. This also includes anything marked "confidential.'
Tax Preparer shall be solely responsible for any damages caused to any person as a result of a breach or violation of these confidentiality provisions and shall indemnify and hold harmless the Shunshine Tax Preparation Company for any such damages. Tax Preparer acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which damages would not be an adequate remedy. Accordingly, in addition to any other legal remedies that may be available at law or equity, Shunshine Tax Preparation Company shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information.
16. FILE AND RECORD MAINTENANCE. Tax Preparation Company will maintain all client return files in accordance with rules and regulations set forth by the IRS. Tax Preparer may access their clients' files as needed to respond to requests from the client or the IRS. Tax Preparer may maintain copies of their own records at a location of their choosing, but Tax Preparer accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Tax Preparation Company to create the files. The creation of the files is the sole responsibility of Tax Preparer. Tax Preparer acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return
that is prepared. Tax Preparer also acknowledges that he/she will follow all IRS rules with respect to file and recordkeeping.
17. OFFICE AND EQUIPMENT USE. Tax Preparer has the option to work in an office environment and office space to prepare returns for his/her clients. Tax Preparer is permitted to utilize any of his/her own equipment or resources to assist in the preparation of returns for his/her clients as long as none of this utilization violates any existing licenses, covenants, etc. of Tax Preparation Company. Tax Preparer is free to set his/her own hours and number of hours worked, and is free to utilize Shunshine Tax Preparation Company's office space assuming there is availability.
18. BUSINESS EXPENSES. Any expenses associated with Tax Preparer's provision of Services are his/her own and will not be reimbursed by Tax Preparation Company. This includes, but is not limited to: automobile expenses associated with providing Services for clients; any office supplies used by Tax Preparer; costs associated with Tax Preparer's retaining employees, agents, or
19. POLICIES AND PROCEDURES. Tax Preparer agrees to adhere to the policies, standards, and regulations that Shunshine Tax Preparation Company has established or to which Shunshine Tax Preparation Company is subject to perform according to federal, state or local requirements, as they may be amended from time to time. To the extent, if any, that the policies of Shunshine Tax Preparation Company, or instructions of Shunshine Tax Preparation Company staff, conflict with the provisions of this agreement, the provisions of the agreement shall control.
20. NON-COMPETE: Tax Preparer represents and warrants that he/she has not violated any non- competition, non-compete, non-solicitation, or confidentiality agreement entered into with any other organization or entity, and by becoming a Tax Preparer for made Shunshine Tax Preparation Company, he/she will not be violating any agreement or contract, including non-competition, non-compete, non- solicitation entered in with any other organization.
21. INDEMNIFICATION. Tax Preparer agrees to defend, indemnify and hold harmless Shunshine Tax Preparation Company from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Shunshine Tax Preparation Company that result from the acts or omissions of Tax Preparer, Tax Preparer's employees, agents, or designees, if any.
22. DISPUTES: In the event a dispute arises between Shunshine Tax Preparation Company and Tax Preparer regarding their respective rights, duties, or obligations under this agreement, or in the event of a claim of breach of the Tax Preparer Agreement, it is agreed that the parties will work in good faith to resolve the issue. If the parties cannot resolve the issue after seven (7) days, the dispute shall be first submitted to mediation. The parties shall share the cost of mediation. If mediation is unsuccessful, the parties may proceed to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at Arlington, TX United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney's fees and costs to the prevailing party. An award of attorney's fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
23. TRADEMARKS. Shunshine Tax Preparation Company's name trademarks, service marks and copyrighted materials are owned by Shunshine Tax Preparation Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
24. NOTICE. All notices and statements required to be given hereunder must be in writing and delivered by hand, email or fax and followed by first class mail confirmation copy to the address set forth below or to such other address as notifying party has been advised in writing by the other
to Tax Preparation Company: Shunshine Tax Service
Address: 4850 E Grand Ave Dallas , Tx 75223
Business Hours: Monday – Friday, 9am – 8pm, Eastern Standard Time. All correspondence received outside business hours will be answered the next business day. Night and weekend business hours will be reserved for urgent situations and gauged Tax Agent discretion.
Please schedule all meetings and video conferencing ahead of time to ensure Clients undivided attention can be given to your business.