VTax On-Demand Tax Preparation
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1. Independent contractor status. You (“Marketer”) agree that neither your acceptance of this Agreement or its acceptance by VTAX (“VTAX”) makes you an employee, agent, or legal representative of VTAX. For the avoidance of doubt, you will be and remain a self-employed independent contractor of your VTAX Licensee. You will be operating your own independent business, selling services available through VTAX on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. VTAX will not provide you with a place of business, and if you desire a place of business other than your own residence, you will be responsible for procuring, furnishing, and paying all expenses in connection with such place of business. With respect to services performed by you for VTAX, you will not be treated as an employee for federal or state tax purposes, and you will be responsible for payment of any and all taxes, levies and fees, including but not limited to, any and all self-employment and other income taxes. Depending on your annual commissions, you may receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year by VTAX. It will be your sole responsibility to account for such income on your individual and/or business income tax returns.2. Promotional Materials. You will be provided with promotional materials for use in promoting VTAX. Messaging, tone and images will be outlined for your marketing messages (i.e. popular hashtags, wall posts, pictures, etc…). Though we don’t require that you use exact wording, we strongly encourage you to get familiar with our materials so you can be a good Marketer for our brand. In the event that you create or develop any promotional or other materials to promote VTAX, you agree that any such materials will become the sole property of VTAX and can be used by VTAX at its sole discretion.3. Compensation. As a VTAX Marketer, you will be paid commissions as per Schedule B of VTAX Commissions. You may also be eligible to receive VTAX Points. VTAX Points can be used to redeem rewards. A current list of the VTAX Points system and the rewards can be viewed at www.vtaxmarketing.com. The Marketer program is void where prohibited by law. VTAX reserves the right to modify or terminate the VTAX Points program at any time. However, credits accrued shall be valid for 3 months after the end of the tax season. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant.4. Messaging. You agree not to engage in any misrepresentation, or in any false light that may lead to misunderstanding or disparaging views when posting products, social media messaging, social media discussions or when inviting third parties to become involved with VTAX.5. Authorization and contract. VTAX Marketer Program is currently available in the United States. By agreeing to this Agreement, you are offering to become a VTAX Marketer and enter into a binding agreement with VTAX. You understand that to become a VTAX Marketer, you need only to agree to the terms of this Agreement and to utilize support materials and messaging provided to you. There are no fees charged to enroll as a VTAX Marketer. VTAX, at its sole discretion, reserves the right to reject your offer to become a VTAX Marketer.6. Termination upon notice with or without cause. You or VTAX may terminate this Agreement at any time and for any reason by giving a written notice to the other party.7. Jurisdiction and governing law. The formation, construction, interpretation, and enforceability of your agreement with VTAX as set forth in this VTAX Marketer Participation Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of TEXAS without regard to conflict of laws provisions.8. Modification of terms. The terms of this Agreement may be modified from time to time by VTAX.9. VTAX proprietary information and trade secrets. You recognize and agree that information compiled by or maintained by VTAX, including team information (i.e., information that discloses or relates to all or part of the specific arrangement of hierachy within the VTAX business including, without limitation, VTAX Ambassador lists, Team information and all VTAX information generated therefrom, in its present or future forms), constitutes a commercially advantageous, unique, proprietary and confidential trade secret of VTAX , which it keeps as proprietary and confidential and treats as a trade secret. During the term of this agreement, VTAX grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (collectively “Proprietary Information”), which includes, without limitation, trade secrets, team information, business reports, and VTAX Marketer’s referrals, earnings and other financial report. You acknowledge the substantial value of Proprietary Information to VTAX and agree to maintain all Proprietary Information in strictest confidence using reasonable measures, but in no event less than the measures that you employ to protect the confidentiality of your own similar confidential information. You further agree to not disclose any Proprietary Information to any third party, to use Proprietary Information in connection with any other businesses or to compete, directly or indirectly, with the business of VTAX. Upon resignation, non-renewal, or termination from the VTAX Marketer Program, you agree to promptly return any and all Proprietary Information to VTAX. This covenant shall survive the expiration or termination of your agreement with VTAX.10. Personal and business data. You agree to obtain, record, use, hold, transfer, dispose of and otherwise process personal information (“Personal Info”) about customers, other VTAX Marketers or any other person (however and from whomever obtained) only in accordance with VTAX policies relating to the handling of such information. Unless otherwise provided by VTAX, you shall (i) only use such Personal Info for your own VTAX Manager business and for no other purpose(s); (ii) comply with VTAX privacy and data security policies as updated from time to time; and (iii) comply with like data security obligations to those imposed on VTAX under applicable laws in respect of such information.11. Miscellaneous. In the event that any term or provision of this agreement with VTAX is determined by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the intentions of the parties. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and VTAX with import to the subject matter hereof and supersede any and all prior agreements, understandings and obligations between you and VTAX concerning the subject matter hereof.