BACKGROUND RELEASE FORM

Applicant Complete the Following

1. In connection with my Independent Agent Agreement, I understand that a background report will be requested that will include information as to my criminal record.

2. According to the Fair Credit Reporting Act, I am entitled to know if the contract is not accepted because of information obtained by the contracting company from a criminal background reporting agency.

3.I acknowledge that a facsimile (FAX) or photographic copy shall be as valid as the original. This release is valid all most federal, state and county agencies including all state Departments of Labor.

4. If you want a copy of the report(s) ordered, check this box.

The report(s) will be sent to your email address:

5. I hereby authorize clients of Infinity Marketing and Sales to perform, and/or obtain copies of all drug and criminal backgrounds performed on behalf of their respective campaign

6. The following information is required by law enforcement agencies and other entities for positive identification purposes when checking public records. It is confidential and will not be used for any other purposes. I hereby release the contracting company and agents and all people, agencies, and entities providing information or reports about me from all liability arising out of the requests for or release of any of the above-mentioned information or reports.

The Following states require sex and race to obtain information: AL, AR, FL, GA, IA, IN, OR, TX, WI.

INDEPENDENT CONTRACTOR AGREEMENT

(Please print clearly)

This contract is made between INFINITY MARKETING AND SALES LLC (referred to as "Infinity Marketing" or "the Company") and the individual named above (referred to as "Independent Representative", "Independent Contractor", "IC" or "the Rep"

1. Contract.

     The Company hereby contracts with the Independent Representative as an independent contractor, and the Independent Representative hereby accepts such contract. This agreement is not an employment agreement, and the Rep shall not have rights granted to an employee. There shall be no expectations of overtime pay, workers compensation, unemployment compensation, nor benefits of any kind other than standard agreed-upon compensation.

2. Term of Contract.

     The term of this contract shall begin on the date listed above and continue for an indefinite period of time unless terminated by either party as herein provided. Either party may terminate this contract voluntarily in writing, with or without cause.

3. Duties of Independent Representative.

Duties of Independent Representative. The company contracts with the Independent Representative to perform services and solicit orders for products, systems and services as the Company may from time-to-time assign the Independent Representative. Agents are evaluated on a points system. To be an active, full-time contractor, agents are required to sell 8points per week the first 28 days, and 16 points per week after the first 28 days. Failure to meet these requirements places an agent in part-time status. (See Appendix B for points list) {typeA99} (Initials)

4. Compensation.

     The Company will pay the Independent Representative a commission based upon the commission structure sent to the agent after the registration is complete and will be negotiated.

Such commissions shall be calculated on the net number of sales, after adding and/or deducting allowances, bad debts, chargebacks, loans, bonuses, and similar items, and shall be deemed to be earned and payable only when actually paid for by the Client of Infinity Marketing. {initials2}(initials)

 

The commission schedule may change from time to time. In such events the Rep will be notified in writing with a minimum of 2 weeks' advance notice.

5. Commissions Upon Termination.

     Commissions Upon Termination. If this contract is terminated, payments will be made with respect to each item of compensation or benefit as soon as the amount due is determined and payment is made to Infinity Marketing by the Partner Company, except that in the event the termination is due to the Independent Representative's misconduct, the Company shall have the right to withhold any and all monies due to the Independent Representative and shall apply same as an offset against any monies due the Company from the Independent Representative as a result of the Independent Representative's misconduct. For purposes hereof, misconduct shall include any violation of the terms of this agreement, either before or after the termination of Independent Representative's employment. The company shall have the right to withhold funds due to Independent Representative if Company is of the opinion in good faith that Independent Representative has violated this agreement, or if there is concern regarding customer cancellations.

Exit Holds will be returned when all sales that were subject to chargeback become safe from chargeback.

6. Expenses.

     The Independent Representative shall bear all expenses related to the performance of all his duties hereunder, and the Independent Representative shall not bind the company in any way for any expense. Initial expenses of the IC vary by contract based on cost of backgrounds, drug screens, etc.; and shall be withheld from the ICs commission checks. See Appendix A

7. Reports, Monthly Accountings.

     When the Company accepts payment for orders, the Company will credit the account of the Independent Representative with the commissions related to those orders; and pay compensation to the Independent Representative according to the published pay schedules. If later any of the orders or any parts of the orders shall be rejected or cancelled, then the amount of the commission or compensation thus cancelled shall be charged against the account of said Independent Representative.

8. Authority Orders.

     A. Discretion of Company.

     All orders are subject to approval of items, price and credit by the Company, and confirmation by purchasers. All quotations for sales made by Independent Representative to customers or prospective customers must be made expressly subject to the approval and confirmation by the Company and are not final until such approval is given in writing by the Company.

     B. Refunds, Damages or Settlement.

     The Company may in its full discretion for any reason refund all or any portion of the purchase price or rentals by any customer or may pay to any customer any amount in damages by way of settlement of any claim arising out of the furnishing of any equipment, systems or services and in such event the credit previously made to the Independent Representative's account on the amount so refunded or paid may be deducted at the optionof the Company from the Independent Representative's account.

     C. Unauthorized Orders

     The Independent Representative agrees to conform to the rules of the Company in taking orders and transacting business generally. If the Independent Representative takes an order at a price disadvantageous to the Company, the Company may accept the order and charge the salesman with the difference between the price authorized and the price obtained. If the Independent Representative exceeds his or her authority on any order and it is deemed necessary by the Company to comply with the order, the Company may charge the Independent Representative such amount as necessary to compensate the Company for the loss or damage it may sustain thereby.

     D. Equipment.

     The Independent Representative is responsible for all equipment that is placed in his/her custody. If said equipment is damaged or lost, the cost of replacement of said equipment is fully the responsibility of the Representative and shall be charged to the Representative. Such expenses shall be deducted from their commissions if necessary. All equipment must be returned within 48 hours upon demand from the Company.

9. Independent Contractor.

     A. The Independent Representative is declared to be an independent contractor and has no authority to act for or on behalf of the Company or to bind the Company to any contract on any matter without the express approval in writing of the Company.

     B. Both the Independent Representative and the Company agree that the relationship created by this contract is that of independent contractor and not that of employer/employee. The representative is responsible for the payment of any taxes, including, without limitation, all federal, state, and local personal income taxes. The representative is responsible to keep in force all necessary liability insurance and vehicle insurance and shall hold the Company harmless from all claims, demands and suits arising out of the performance of services and the sale of goods under this Contract.

10. Agreements Not to Compete.

     This covenant and agreement are made independent of the other agreements set forth herein, and Independent Representative acknowledges, by his signature below, receipt of separate and adequate compensation in exchange for Independent Representative's agreement to this covenant.

     The Independent Representative covenants and agrees that Independent Representative will not, for a period of one (1) year immediately following termination of the contractual relationship for any reason, do the following, directly or indirectly, as principal, agent, consultant, officer, stockholder, salesperson, employee or otherwise, for himself or herself, or for any other person, firm, corporation, or association:

     Interfere with, disrupt, or attempt to disrupt relationships, contractual or otherwise, between the company and its employees, Independent Representatives, and/or vendors.

11. Advertising.

     The Independent Representative agrees to follow all rules and regulations set forth by the Company, as well as local, state, and federal regulators. The Independent Representative agrees to bring all advertising to the Company prior to usage for approval, including advertising on the internet, as well as text messaging, instant messaging, and any other forms of communication that may be construed as advertising.

12. Remedies for Breach of Contract.

     A. In the event of the breach or threatened breach of any provision of the contract by the Independent Representative, the Company shall be entitled to injunctions, both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies available at law or in equity including the Company's right to recover from the Independent Representative all damages that may be sustained as a result of the Independent Representative's breach of contract.

     B. In addition to any other remedies the Company may have available to it under the terms of this contract, the Company shall be entitled to stop the Independent Representative, by means of injunction, from violating any part of this contract, and to recover, by means of an accounting, any profits the Independent Representative may have obtained in violation of this contract. The Company shall be entitled to recover its attorney's fees and expenses in any successful action by the Company to enforce this contract.

13. Termination and Confidentiality.

     This contract may be terminated by either party at any time in writing, regardless of cause or lack thereof. Inthe event of termination, the Rep is still bound to keep all information confidential regarding the Company, the Company's policies, and practices, as well as information pertaining to Partner Companies, for a minimum period of one year. Breach of confidentiality may result in civil and/or criminal prosecution.

14. Arbitration.

     In the event of a dispute between the Independent Representative and the Company, the Independent Representative agrees to waive the right to trial and have their arguments heard by an independent third-party arbitrator. All decisions of the arbitration ruling shall be final and binding upon both parties.

15. Severability.

     If any cause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. Each of the provisions of this contract shall be enforceable independently of any other provision of this contract and independent of any other claim or cause of action. In the event of any dispute arising under this contract, it is agreed between the parties that the laws of the State of Oregon will govern the interpretation, validity and effect of this contract without regard to the place of execution or place of performance thereof.

16. Complete Agreement. 

     This contract supersedes all prior contracts and understandings between the Agent and the Company and may not be modified, changed, or altered by any promise or statement by whosoever made; nor shall any modification of it be binding upon the Company until such written modification shall have been approved in writing by an officer of the Company.

17. Wavier of Breach.

     The waiver by the Company of a breach of any provision of this contract by the Independent Representative shall not operate or be construed as a waiver of any subsequent breach by the Independent Representative.

18. Contract with Subsidiary.

     If the Company owns, acquires, or forms subsidiary companies or becomes connected with the other affiliate companies, the Independent Representative agrees to the assignment of this contract to any of the same and in such event all of the terms and conditions set forth herein shall bind the parties.

In Witness Whereof, the undersigned has executed this contract on the date and year first above written.

INFINITY MARKETING AND SALES LLC

Exit procedures / policies

Upon contract termination by either party the following will occur:

   1. Any unpaid ICA fees shall immediately be charged to contractor's commissions. If there are no commissions the ICA fees shall be charged to any positive Exit Hold balance.

   2. All payable commissions will be held pending cancellations and/or chargebacks up to the contractors Exit Hold target amount. This hold will take place until all potential charges and/or chargebacks have been satisfied (see Contractor Agreement )

   3. In no event will the company pay monies which could not be recaptured in the event of customer cancellations or chargebacks. 

   4. All equipment and marketing collateral outstanding must be returned in perfect condition within 72 hours, or legal action may be taken, which includes (but is not limit to) filing a police report reporting stolen goods and/or small claims lawsuits.

   5.Any collateral the contractor has loaned or given to potential customers or placed with outsiders must be reclaimed and returned in perfect condition. See #6.

   6. The contractor is bound by confidentiality to not disclose or discuss any aspects of their time and/or business with Infinity Marketing for a period of no less than one year. Failure to respect the confidentiality agreement will subject the contractor to potential legal action.

   7. The contract is bound by non-compete covenants not to solicit any contractors, employees, or customers of Infinity Marketing for a period of no less than one year. Failure to respect the non-compete agreement will subject the contractor to potential legal action.

Acknowledged this 

 

Infinity Marketing holds an Exit Hold (reserve) on all "Unsafe" orders. This is a minimum of the highest paid commission or override, or the sum Exit Hold percentage for each campaign times the "unsafe" orders for that campaign.

Orders are "Unsafe" until the end of the client chargeback period plus the reporting delays for the client and Infinity.

THE BASICS

“No Chargeback” Campaigns:

We have made some campaigns “No Chargeback”. We discount the commission by expected
chargeback rate for that campaign in exchange for Infinity “eating” the chargebacks that may arise.
Since we are eating the chargebacks, we do not keep an Exit Hold for that campaign. Exceptions to
this are:

•  There is no protection from chargebacks in cases of fraud, the agent misrepresenting the
  campaign to a customer, or other gross malfeasance.

Our job is to present the customer with an option that benefits them - and not to make the decision for them, or to interfere in the process of completing the enrollment with our client.

• All agents must make their sales in their own name - "ghost sales" and alias are not allowed.
• You may not knock in an area posted "No Trespassing" or "No Soliciting". In an apartment complex with a leasing office, you must have written permission to knock from the management. For security buildings, you must be invited into the building by a resident who understands your purpose for being in the building.
• You must make all sales in the presence of the customer. If there is a TPV call required, then the customer must make the call, or receive the answering call back. If a signature is required, the customer must sign the contract or tablet themselves. Anything else is a fraudulent sale.
• Customers must have the ability to make an informed decision. Where it is obvious the customer has mental deficiencies, you must walk away from the sale. Also, any timea customer is over the age of 80 you must have the approval of your manager to continue the sale.
• If payment information is required, that information must be accurate and belong to an account the customer owned prior to the start of the sale.
• If a TPV call is required, all our clients require that:
  
  • The pitch is presented in the same language as the contract.
  • The TPV call is done in the same language as the pitch and the contract.
  • A customer must be able to understand clearly what they agree to in that language.
  • If a tablet is used, there is no reason why the tablet entry and the TPV call should be more than 1 hour apart.
• If the customer does not have a cell phone or a land line in the home – move on to the next customer. You are not allowed to use your own phone or create temporary phone numbers of any sort – Text Now, Google Voice, etc. – that are not valid ways for the client to reach the customer in the future
• In the same vein, where the client needs to communicate with the customer by email, you are not allowed to create an email that will not be a valid way for the client to reach the customer in the future.

Whereas:

• Every supplier retains the right to chargeback fraudulent sales at least 6 months after the sale, and
• Some of our suppliers fine Infinity up to $2000 per fraudulent sale,

If an agent is removed from one of our campaigns by one of our clients for a fraudulent sign-up:

Infinity will not pay that agent or their managers for any order written for any supplier after the TPV time stamp on the fraudulent sale.

In addition, that agent will be removed from all Infinity Sales
campaigns, and will be placed on the Infinity Do Not Hire list

This means is that when an agent commits fraud they are risking that all their orders – good or
bad – will never be paid by Infinity; and that agent will never sell for Infinity again

Slamming is illegal, unethical, and we will not allow an agent or their
managers to profit from this kind of sale

Banking: