Independent Sales Agent Agreement
This Independent Sales Agent Agreement (this Agreement) is by and between _____________________ [Agent Name] (Agents, Independent Sales Agents, or Sales Agent) and The Cyber Web, Inc (Company, Cyber Web, pageBuzz, BumbleBeeSales.com, Our, or We). I, _________________________ [Agent Name] agreed to the terms as outlined below on the date I signed up for my Sales Accountmy Independent Sales Agent Sales ID is: ___________________. I, _________________________ [Agent Name] hereby submit my acceptance of this Agreement in writing on this date of __________________ [Date]. pageBuzz and Independent Sales Agent may be referred to in this Agreement as a Party and collectively as the Parties.
1. Initial Qualification Requirements:
1.1. Independent Sales Agents must be over 18 years old.
1.2. Independent Sales Agents must reside in the United States (U.S.) unless they receive prior permission from BumbleBeeSales.com management.
1.3. Independent Sales Agents must create an account online at http://bumblebeesales.com to begin the process and register their payment details.
1.4. Independent Sales Agents must provide pageBuzz with the following information within 60 days of signing up for an account:
o A properly filled out and signed copy of the Independent Sales Agent Agreement
o A copy of 2 forms of identification (For acceptable forms of identification please see Appendix A. Agents outside the U.S. should do the best they can to match the identification requirements.)
o A completed form W-9 which is required so income can be reported to the Internal Revenue Service (IRS). A Form is included in Appendix B or you can retrieve a copy at: http://www.irs.gov (only if Agent is based in the U.S.).
o NOTE: This paperwork must be post marked within the 60 day period. It is your responsibility to make sure that pageBuzz receives your paperwork. If the paperwork is not received within the required time, the Independent Sales Agent Account will be terminated due to non-compliance and all held checks will be voided.
1.5. Independent Sales Agents must have a valid Social Security or work permit number (only if Agent is based in the U.S.).
2.1. Agents, Independent Sales Agents, or Sales Agent is an independent contractor as defined by the IRS. For more information about independent contractors, see IRS Publication 1779. Sales Agents are individuals participating in the BumbleBeeSales.com program.
2.2. Agents Identified Customer is a pageBuzz website hosting customer that signed up for a pageBuzz website hosting account through either a website url which includes the Independent Sales Agents Sales ID or provided the Sales ID when singing up for a website hosting account.
2.3. Commissions are monies earned when an Agents Identified Customer pays for pageBuzz website hosting.
2.4. Inactive Account is an Independent Sales Agent account whose contact information including telephone number, e-mail address, or mailing address is inaccurate or invalid by which BumbleBeeSales.com managements ability to contact the Agent or mail checks is not possible.
2.5. Independent Sales Agents Sales ID or Sales ID or Sales Account is the user name the Independent Sales Agent selected when signing up for an account at BumbleBeeSales.com.
2.6. Individual Notice is communication to an individual Independent Sales Agent in accordance with Section 10.2 of this Agreement.
2.7. Mass Notice is any kind of information disseminated to every Independent Sales Agent.
2.8. Sales Agents Home Page is the first page Independent Sales Agents see when they log into their Sales Account at BumbleBeeSales.com.
3. Independent Contractor.
3.1. The Independent Sales Agent is and shall remain an independent contractor in his or her relationship to pageBuzz.The parties to this Agreement recognize that this Agreement does not create any actual or apparent agency, partnership, franchise, joint venture, or relationship of employer and employee between the parties.
3.2. The Independent Sales Agent is not authorized to enter into or commit pageBuzz to any agreements, and the Independent Sales Agent shall not represent itself as the agent or legal representative of pageBuzz.
3.3. Independent Sales Agents shall not use pageBuzz as an employer reference or represent pageBuzz as an employer at any time while or subsequent to promoting pageBuzz website hosting services.
3.4. The Independent Sales Agents shall not be entitled to participate in any of the Company's benefits, including without limitation any health or retirement plans. The Independent Sales Agents shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Agreement.
3.5. The Company shall not be liable for taxes, Worker's Compensation, unemployment insurance, employers' liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of the Independent Sales Agents or any other person consulted or employed by the Independent Sales Agents in performing Services under this Agreement. All such costs shall be the Independent Sales Agents responsibility.
3.6. All Independent Sales Agents that are located within the U.S. will receive a Form-1099 each year if required by the IRS. Independent Sales Agents are responsible for filing their own tax payments. pageBuzz does not provide advice or help with tax issues.
4. Representation of pageBuzz.
4.1. Independent Sales Agents will represent pageBuzz is a positive manner at all times. If the Agents sales tactics are negative or present pageBuzz in a negative manner, the Agent may be terminated at the discretion of pageBuzz.
4.2. When selling pageBuzz hosting We expect the same level of professionalism that Our company represents.
4.3. pageBuzz only provides website hosting services. Independent Sales Agents shall not represent pageBuzz as providing any additional services such as search engine optimization, website design, business mentoring or any services beyond the scope of pageBuzz website hosting services.
4.3.1. Independent Sales Agents may sell additional website services to Agents Identified Customers that the Independent Sales Agents choose to provide on their own (not as part of the pageBuzz website hosting service). Examples of these services are search engine optimization, website design, and website maintenance. If Independent Sales Agents choose to provide such additional website services, Agents Identified Customers shall have explicit notice that these services are being provided by the Independent Sales Agents and not by pageBuzz.
4.3.2. If Independent Sales Agents use such additional website services as incentives to have an Agents Identified Customer sign up for a pageBuzz website hosting account, failure to provide such services shall result in loss of Commissions for such Agents Identified Customer and possible account termination.
5. Commissions and Payments. ____________ INITIAL HERE
5.1. Commissions Schedule.
5.1.1. For the first three months that the specific Agents Identified Customer makes a website hosting payment to pageBuzz, the Independent Sales Agent shall receive as Commission 100% of the payment.
5.1.2. For the next nine months that the specific Agents Identified Customer makes a website hosting payment to pageBuzz, the Independent Sales Agent shall receive as Commission 50% of the payment.
5.2.1. Independent Sales Agents only receive Commissions on Agents Identified Customers.
5.2.2. Commissions may be viewed online in the sales agents section of the BumbleBeeSales.com website.
5.2.3. Commission payments shall not include any domain name fees the Agents Identified Customers pay to pageBuzz.
5.2.4. Independent Sales Agents shall not receive Commission payment for pageBuzz website hosting fees until pageBuzz receives payment from the Agents Identified Customers. Commissions will be automatically credited to the Independent Sales Agent Account each time the Agents Identified Customer makes a website hosting payment to pageBuzz so long as the payment is within the Commissions schedule as outlined in Section 5.1.
5.2.5. If an Independent Sales Agent receives a Commission and the pageBuzz website hosting customer asks for a refund of such funds, the Commission associated with such refund will be deducted from the Agents Sales Account.
5.2.6. pageBuzz cannot pay Commissions for pageBuzz website hosting accounts that are set up under the Independent Sales Agents name. That is, under credit card and merchant account policies, pageBuzz cannot pay Commissions for money collected on the payees credit or debit card.
188.8.131.52. To avoid confusion, if the Independent Sales Agent or someone in the Independent Sales Agents household owns the website there is no Commission for the website hosting payment.
184.108.40.206. This obligation shall be enforced both technically and in the spirit of the condition. The Independent Sales Agents program is intended for outside sales people and not to negate the cost of a website.
5.2.7. It is the Independent Sales Agents responsibility to ensure that pageBuzz website hosting customers provide the Sales ID either during website hosting sign up or click on the Independent Sales Agents url. Commission payments are not paid on accounts that are not credited as Agents Identified Customers. pageBuzz also actively advertises for website hosting customers. Therefore, it is not possible for pageBuzz staff to determine whether the pageBuzz website hosting customer was referred by pageBuzz advertising or the Independent Sales Agents advertising unless Independent Sales Agents follow the proscribed process.
5.3.1. Payout Schedule. Commission payments are made weekly. The payment period is from Thursday, 12:00 am server time, to Wednesday, 12:00 pm server time, which is then paid on Friday.
5.3.2. pageBuzz reserves the right to change the payout schedule based on participation and volume. A lack of adequate participants may, for example, result in payments twice monthly rather than weekly. Payments may be adjusted on an individual basis to support active participants.
6. Sales Account Termination.
6.1. Either pageBuzz or the Independent Sales Agent may terminate this Agreement at any time for any reason.
6.2. Consideration for termination may include any violations of this Agreement, participating in such activities that would negatively impact the pageBuzz brand (such as drug use or criminal violations), excessive undesirable signups under the Independent Sales Agents Sales ID where the majority of Agents Identified Customers do not remain hosted for more than three months, or due to complaints received by pageBuzz management from potential pageBuzz customers.
6.3. Independent Sales Agents who had their Sales Account terminated shall not continue to promote pageBuzz website hosting services under the terminated Sales ID or any other Sales ID. No new Commissions will be paid on terminated Sales Accounts, however, the Independent Sales Agent will be paid the remainder of all Commissions earned based on the Commissions Schedule as outlined in Section 5.1.
7. Advertising of pageBuzz Website Hosting Services. ____________ INITIAL HERE
7.1. pageBuzz does not accept advertising from websites that provide traffic swarms or other traffic exchange type programs. Independent Sales Agents are not paid for traffic but only for pageBuzz website hosting account sign ups. These types of automated programs produce automated and bot traffic which have no value to either pageBuzz or the Independent Sales Agent. Therefore, these programs are not effective means of advertising and thus are an unnecessary strain on pageBuzz bandwidth and server resources. The pageBuzz system is set up to block such programs and may, in the process, automatically block your Sales ID.
7.2. pageBuzz does not require Independent Sales Agents to pay for advertising in order to be an Independent Sales Agent for the pageBuzz website hosting system. Any funds spent by Independent Sales Agents on advertising or any other expenses not authorized in writing (such as travel, food, etc.) shall not be reimbursed.
7.3. The pageBuzz website hosting system is currently set up for the market in the U.S. As such, all advertising efforts by Independent Sales Agents shall be focused on the U.S. market.
8. Dispute Resolution.
8.1. If there is a dispute, the Independent Sales Agent shall first contact BumbleBeeSales.com management at both the Phone Number and E-mail Address provided in the Contact Us page on BumbleBeeSales.com.
8.2. If the disagreement cannot be resolved to the satisfaction of either Party, the unsatisfied Party shall notify the other Party in writing in accordance with Section 10.2 of this Agreement.
8.3. Parties then agree to mediate the dispute.
8.4. Each Party will bear its own costs during the proceedings.
9. Use of pageBuzz Name, Copyrights, or Trademarks.
9.1. Independent Sales Agents shall not use the pageBuzz name, copyrights, or trademarks to promote or sell any product or service other than pageBuzz website hosting.
9.2. pageBuzz may terminate Independent Sales Agents who, at the sole discretion of pageBuzz, misuse the pageBuzz name, copyrights, or trademarks.
10.1. Mass Notice. ____________ INITIAL HERE
10.1.1. If pageBuzz is providing a Mass Notice, such notice shall be posted on the Sales Agents Home Page. It is the Independent Sales Agents responsibility to check the Sales Agents Home Page on a regular basis.
10.1.2. Such notices may include updates about the BumbleBeeSales.com program, changes in the payout schedule, changes to the commission schedule, and/or changes to this Agreement.
10.1.3. Continued participation as an Independent Sales Agent (including promotion of pageBuzz website hosting services and acceptance of Commissions earned after the posting date of the Mass Notice) shall be considered as acceptance of any modifications or amendments to this Agreement.
10.2. Individual Notice.
All Individual Notices pursuant to this Agreement (a) shall be in writing, (b) shall reference this Agreement and the Section pursuant to which it is given, (c) shall be delivered by personal delivery, internationally or U.S. nationally recognized overnight courier (with postage and other fees paid) or certified or registered mail (return receipt required), (d) shall be deemed given upon personal delivery, upon receipt if delivered by overnight courier, or five days after deposit in the mail, and (e) shall be sent to the Independent Sales Agent or pageBuzz at the following address or such other address as may be specified in writing:
Notices to Independent Sales Agent:
Notices to pageBuzz:
The Cyber Web, Inc.
8710 West Hillsborough Avenue
Tampa, Fl 33615
The address set forth above may be changed only by written notice that complies with these requirements.
Electronic mail (e-mail) shall not satisfy this, Section 10.2, notice provision.
11. Inactive Account. _________________INITIAL HERE
11.1. Independent Sales Agents are solely responsible for maintaining accurate contact information in their Independent Sales Agent Management Console. This contact information includes the e-mail address, telephone number, and mailing address.
11.2. If Commission checks are returned due to an invalid address, BumbleBeeSales.com management will attempt to contact the Independent Sales Agent either by calling the telephone number listed or by sending an e-mail to the e-mail address listed.
11.3. If the contact is unsuccessful, the Independent Sales Agent account will be marked as an Inactive Account. All issued Commission checks will be held for 60 days from when the account is marked as an Inactive Account to provide the Independent Sales Agent time to contact BumbleBeeSales.com management. If the Sales Agent does not contact BumblebeeSales.com management within the 60 days, all currently held checks will be voided.
11.4. Commissions will not be credited to accounts marked as an Inactive Account.
12.1. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
12.2. Amendment. This Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed on behalf of both Parties. Communication through e-mail shall not constitute a writing for the purposes of making amendments to this Agreement.
12.3. Severability. If any provision of this Agreement is held unenforceable such provision shall be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in effect; provided, however, that either Party may terminate this Agreement if the enforcement of this Agreement is modified in accordance with this Section 11.3 would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purpose of this Agreement.
12.4. No Third Party Beneficiaries. Nothing contained in this Agreement shall be deemed to confer any rights or remedies upon, nor obligate either Party to, any person other than the Parties unless specifically stated in this Agreement to the contrary.
12.5. Governing Law and Jurisdiction. This Agreement shall in all respects be governed by the laws of the State of Florida (regardless of the laws that might be applicable under principles of conflicts of law).
12.6. Forum. The Parties agree on behalf of themselves and any person claiming by or through them that the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or relating to this Agreement shall be an appropriate state or federal court located in the City of Tampa, State of Florida. Each Party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum in any such action or proceeding.
12.7. Applicable Language. In the event of controversy between the Parties respecting the interpretation or application of the terms of this Agreement, the English language version of this Agreement shall be controlling. All proceedings related to this agreement shall be conducted in the English language.
12.8. Waiver. No failure or delay on the part of either Party in the exercise of any right, power, or privilege hereunder shall operate as a waiver of such right, power, or privilege. No single or partial waiver or any right, power, or privilege under this Agreement shall operate as waiver of such right, power, or privilege in the future, or of any other right, power, or privilege. The waiver by either Party of a breach of any provision of this Agreement may be effective only by a writing signed by the waiving Party.
12.9.1. Capitalized terms defined in the singular include the plural and vice versa.
12.9.2. The words include, includes, including, such as, and for example mean include, includes, including, such as, and for example without limitation.
12.9.3. Unless otherwise expressly provided herein, all references to a Section, Article, or an Appendix are to a Section, Article, or an Appendix attached to this Agreement.
12.9.4. The Article and Section headings appearing in this Agreement are inserted for convenience only and I no way define, limit, construe, or describe the scope or extent of such Article or Section or in any way affect such Article or Section.
Agent ID: ____________________________
This agreement must be signed, dated and mailed to:
The Cyber Web Inc
8710 West Hillsborough Avenue
Tampa, Fl 33615
(W-9 form see the next 4 pages)
 This List of Acceptable Identification Documents is taken from the Department of Homeland Securitys Form I-9, Employment Eligibility Verification.This document, however, does not make any Agent an employee of The Cyber Web, Inc. Agents are Independent Contractors.