CUSTOMER SERVICE AGREEMENT
Terms & Conditions: I am enrolling into the CMIG-Unlimited Program offering me the rights to distribute my own personalized incentives certificates. I understand there is no limit of how many certificates I may distribute, however I understand that I am not allowed to give my distribution rights to another person, business, or entity. I also understand that there are NO Reseller rights and I am not allowed to sell these incentive certificates; they are for promotional use only. I authorize Creative Marketing Incentive Group, Inc. (“CMIG”) to debit my account today in the amount listed on every page of this agreement. My authorization is to stay full force and effective according to the recurring schedule listed below until CMIG receives a Support Ticket of cancellation no later than within three (3) business days before CMIG’S debit date. Business days do not include weekends or holidays. The Support Ticket System is located in the member’s password protected Dashboard. This program comes with a 14-day money back customer satisfaction. If you use the program and receive at least one redemption of a certificate within 14 days of your initial sign up date, and if you are not fully satisfied for any reason within the first 14 days and you contact us within 14 days of your initial sign up date you will receive a full refund. CMI gives you distribution rights only, this means you may distribute certificates to the recipient, but you cannot redeem certificates on behalf of your customers. Redeeming certificates for your customers is against our terms and conditions as it creates unnecessary customer service issues as a direct result. This will result in immediate termination of your account You only have distribution rights. The recipient of the certificate must be the one going through the redeeming process themselves. There is zero tolerance for this condition. The incentives are strictly for business promotional use only and any and every other use will result in immediate termination of your account and void all of the certificates redeemed, not redeemed and distributed by you. CMI Incentives are also not meant to be given out to friends and family, they are meant for business promotional use only, any other use will result in termination of your account.
Authority: Customer has read, understands and agrees to these Terms & Conditions set forth in this Customer Service Agreement (“CSA.”) The undersigned, intending to be legally bound, has executed or caused this CSA to be executed as a duly authorized representative of Customer and acknowledges receipt of a copy of this CSA and terms and conditions. By signing I also understand that these Incentive Certificates are not to be sold and if CMIG’s Incentive Certificates are sold I will forfeit all rights with CMIG, and all rights contained within this CSA. CMIG incentives are not to be distributed to friends and family.
PREMIUM CERTIFICATE AGREEMENT
Terms & Conditions: I want to participate with Creative Marketing Incentive Group, Inc. (CMIG) Premium Certificate program. A Premium Certificate is the ability to purchase the processing fee of the certificate on behalf of my customer. By signing this Premium Certificate Agreement (PCA) I authorize CMIG to provide the electronic gateway “Premium Certificates”. When the Premium Certificate control panel is activated, I authorize CMIG to charge the card on file that I have authorized to be used to pay for the CMIG Unlimited Program for any certificates I create through the Premium Certificate control panel. I understand I am responsible for every charge that is accessed through this Premium Certificate interface located within my “Main Control Panel” > “Certificate Creation” and all charges associated with this gateway. I am aware that each certificate has a redemption fee that is independent from the other offers. The price is shown before I can select a certificate. After selecting a certificate, I will also be responsible in selecting a quantity of certificates in the “Cert Qty” field. After I select the certificate along with the quantity, I need to click the “Create Certificate(s)” button to access the “Premium Certificate Confirmation” page. Before a certificate is created, the “Premium Certificate Confirmation” page is shown where it states and confirms; the Certificate(s) that is requested, confirms the branding information that is displayed; “Quantity” of offer; “Cost Per Certificate” which will be displayed in United States Dollar amount; and “Total Charge” which also will be displayed in United States Dollar amount. The system will then state the amount to be charged on the card I have selected, and I will need to click “Create Certificates” to process the charge and the transaction. After I click on the button “Create Certificates” I understand that I have created a new and tangible certificate offer and this process cannot be changed or undone. Therefore, I am responsible for any charges or actions that take place within my “Premium Certificate” control panel located in the Main Control Panel of my paid membership website. I am also aware that after I create a Premium Certificate, I lose the reprint rights after seven (7) days and the offer is valid for ninety (90) days after creation of the offer. I understand and agree that Premium Certificates that I create, and purchase cannot be replaced or reprinted or refunded if lost or stolen after seven (7) days after I purchase and create the certificates. I understand that having the ability to create “Premium Certificates” is a privilege within my CMIG Unlimited Program Membership and this feature would not be made available to my account unless I agree to the Terms and Conditions stated on this PCA. Due to my desire to create Premium Certificates from the convenience of my CMIG Main Control Panel I understand that there will be no refunds allowed and therefore I waive my rights for a refund or the ability to charge-back any fees (with my Credit Card Company,) or any changes incurred through this electronic gateway. Furthermore, I also understand that CMIG will not provide Tracking of Redemptions for any Premium Certificate Purchases. Authority: Customer has read, understands and agrees to these Terms & Conditions set forth in this PCA. The undersigned, intending to be legally bound, has executed or caused this PCA to be executed as a duly authorized representative of Customer and acknowledges receipt of a copy of this PCA and terms and conditions.
INDEPENDENT REPRESENTATIVE AFFILIATE CONTRACT
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN CREATIVE MARKETING INCENTIVE GROUP, INC. (hereinafter referred to as “CMI”) AND the INDEPENDENT REPRESENTATIVE (hereinafter referred to as “DISTRIBUTOR”) AGREE AS FOLLOWS:
1. CMI hereby appoints DISTRIBUTOR, in accordance with the terms, provisions and conditions of this agreement:
A. To solicit and procure applications (“Service Contracts”) for CMI. However, DISTRIBUTOR shall not have any exclusive rights therein. Only Authorized DISTRIBUTOR may sell the services.
B. Nothing herein contained in this Agreement shall be construed to create the relationship of the employer and employee between CMI and DISTRIBUTOR. It is the intent of the parties that DISTRIBUTOR is not an employee of CMI for any purpose but is an independent contractor for all purposes and in all situations and will have the right to exercise independent judgment as to time, place and manner of performance under this agreement. DISTRIBUTOR agrees to assume all responsibility with respect to the payment of all income, social security, worker’s compensation, and any other taxes and shall not be considered as having an employee status. DISTRIBUTOR shall be responsible for all considered as having an employee status. DISTRIBUTOR shall be responsible for all of DISTRIBUTOR’S expenses connected in any way with CMI.
C. To collect on behalf of CMI such service dues and other monies as DISTRIBUTOR may be authorized by CMI to collect for service applications.
2. DISTRIBUTOR shall endeavor to promote the interest of CMI as contemplated by this Agreement and shall so conduct itself as not to affect adversely this business, good standing, or reputation of itself or of CMI.
3. DISTRIBUTOR shall be wholly responsible to CMI for all monies collected by DISTRIBUTOR.
4. DISTRIBUTOR shall pay and be responsible for the full payment of all DISTRIBUTOR’S expenses to any third party.
5. DISTRIBUTOR agrees to abide by all of the laws, rules, and regulations of any Federal, State, City government, Department or Bureau having jurisdiction, and failure to comply with any said laws, rules, or regulations shall constitute a violation and breach of this contract.
6. DISTRIBUTOR shall have no authority hereunder to bind CMI as contemplated by this agreement or to incur any debts or liability whatever in the name of CMI. DISTRIBUTOR during the term of this Contract agrees to not induce or solicit any member of CMI to cancel their service with CMI for any purpose including placing that client with another entity in the same or similar business.
7. DISTRIBUTOR shall have no power to make or alter the provisions of the services issued by CMI or waive any of the provisions or conditions thereof.
8. DISTRIBUTOR shall have only that authority of an independent contractor and only that specified in this agreement unless specifically given by CMI in writing. The DISTRIBUTOR during the term of this Contract or after the termination of this Contract agrees to not use or to disclose to any person, firm, or corporation, any trade, technical or technological secrets, any details of organizations or business affairs, any names of past or present clients or sales representatives or any other information relating to the business of CMI and/or shall not induce or persuade any other DISTRIBUTOR or any member to cancel with CMI or to join as member or representative of another similar or competitive program with another company.
9. DISTRIBUTOR shall forward, according to CMI’s written instructions, Service dues and other receipts, vouchers, drafts, monies, and valuable papers received by DISTRIBUTOR from or for CMI or its representatives, and to remit immediately said monies to CMI. All collections made by DISTRIBUTOR shall be held by DISTRIBUTOR in trust for CMI and shall be remitted to CMI.
10. PROPRIETARY MATERIALS: DISTRIBUTOR agrees that all rate materials, sales brochures, applications, member record cards, and other items provided by CMI and not purchased by the DISTRIBUTOR but not limited to the above mentioned items, shall be property of CMI or its authorized representatives immediately upon demand. DISTRIBUTOR also agrees that all books of account, documents, vouchers, letters, and other property and papers connected with the business transacted under this agreement shall be open to inspection at all times by CMI officers or its representatives.
11. DISTRIBUTOR will explain the services to prospects honestly and in its entirety, without embellishment, distortion or misrepresentation. Any additional offers, representations or agreements made by DISTRIBUTOR in connection with the membership program are prohibited and may result in termination of the DISTRIBUTOR agreement. DISTRIBUTOR will make clear in any presentation to prospective distributors the following items: (a) that no specific earnings or income levels are guaranteed by membership or sponsor, (b) that no DISTRIBUTOR will earn money solely for sponsoring and/ or hiring independent distributors and (c) that there are no exclusive territories.
12. DISTRIBUTOR shall not insert any advertising material respecting CMI in any publication including the Internet without the prior written approval of CMI. ALL ADVERTISING MATERIAL MUST BE APPROVED BY CMI BEFORE BEING PUBLISHED OR USED IN ANY MANNER TO PROMOTE SERVICES OR TO RECRUIT NEW DISTRIBUTORS.
14. CMI agrees to pay during the continuance of this Agreement, and DISTRIBUTOR agrees to accept as full compensation for all the services to be rendered by DISTRIBUTOR representatives, servants, and any employees of DISTRIBUTOR, compensation based upon business secured by and through DISTRIBUTOR payable on the service dues as they are paid computed on the basis of the compensation schedule in this agreement, or as published by CMI.
15. Compensation shall be payable hereunder only in accordance with and subject to the rules and regulations of CMI now or hereafter in force.
16. It is agreed that if any service agreement is written under this Agreement shall cease to be in force on service dues paying basis for a period of ninety (90) days and should subsequently be reinstated, no further compensation will be payable on such membership unless the reinstatement is procured though DISTRIBUTOR, anything herein to the contrary notwithstanding.
17. Should CMI return the service dues on a plan for any reason, DISTRIBUTOR shall repay to CMI commissions received by or credited to DISTRIBUTOR for such service dues so returned. Should DISTRIBUTOR receive compensation on service dues and paid by check, credit cards or electronic funds transfer which is subsequently returned to CMI by reason of the transaction being dishonored for any reason. DISTRIBUTOR shall repay to CMI monies received by or credited to DISTRIBUTOR for the amount of such commission and/or shall give CMI authority to deduct from any commission check the amount of commissions previously paid to DISTRIBUTOR.
18. Any assignment of this Agreement or of any of the benefits to accrue hereafter, in whole or in part, without the prior written consent of CMI, shall be void and of no effect, whatsoever, and shall vest no rights in the assignee. This limitation includes absolute assignments in collateral security.
19. No forbearance of neglect on the part of CMI to enforce any or all of the provisions of this Agreement shall be construed as a waiver or estoppels of any rights or privileges of CMI.
20. NON-COMPETITION PROVISION: In further consideration of DISTRIBUTOR’S appointment with CMI, DISTRIBUTOR shall not engage in a business in any manner similar to, or in competition with, CMI or CMI’S affiliated businesses during the term of his or her appointment period. A business “similar or in competition” means another travel promotions company that offers promotional certificates to businesses or similar benefits that are offered by CMI.
21. Should DISTRIBUTOR at any time endeavor to induce any employee, associate or other DISTRIBUTOR of CMI to leave its service or its members to relinquish their clients, its right to the payment of continued compensation under this and all other Agreements with CMI shall immediately terminate.
22. DISTRIBUTOR hereby agrees to indemnify and hold harmless CMI, their agents, servants, employees, and representatives, from any and all claims, debts, liabilities, suits, or proceedings, of any nature whatsoever, that currently exist, or which predate this Agreement, or which may arise subsequent to the date of this Agreement, arising out of any intentional act or negligence DISTRIBUTOR may commit and/or DISTRIBUTOR’S DOWNLINE DISTRIBUTOR may commit for any misrepresentations and/or violations of any local, state, or federal regulations, governmental regulations, or orders while selling or attempting to sell services or recruiting new DISTRIBUTOR. This indemnification obligation is not limited in any manner whatsoever and all expenses, including legal fees, judgments, settlements, incurred by CMI, their agents, servant, employees, and representatives, in order to give full effect to this indemnification provision, shall be assessable and payable by DISTRIBUTOR, on demand without setoff.
23. This Agreement supersedes and cancels any and all agreements, contracts and stipulations, written or oral previously in force between DISTRIBUTOR and CMI. No modification of this Agreement or waiver of its provisions shall be valid, unless it is in writing and signed by a CMI authorized officer.
24. CMI reserves the right to institute, alter, or modify prices, literature, Policies and Procedures, or the Compensation plan at its sole discretion. DISTRIBUTOR shall be directly responsible to CMI. All CMI promotional ideas or materials, written or otherwise, including Internet Web sites must be approved by CMI in writing prior to use.
25. ANY SUIT BETWEEN CMI AND DISTRIBUTOR GROWING OUT OF ANY TRANSACTION ARISING FROM, BASED ON, OR IN ANY WAY CONNECTED WITH THIS CONTRACT, SHALL BE INSTITUTED AND TRIED ONLY IN SAN DIEGO COUNTY, CALIFORNIA. THIS CONTRACT SHALL BE CONSTRUED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA AND SHALL TAKE EFFECT WHEN EXECUTED BY CMI AT ITS ADMINISTRATIVE OFFICE.
26. DISTRIBUTOR acknowledges that he/she has received a copy of CMI’S Policies and Procedures and Compensation Plan, which are expressly incorporated into this Agreement by this Reference. DISTRIBUTOR AGREES TO ABIDE BY ALL Policies and Procedures contained therein and any amendments, revisions or additions thereto.
27. A husband and wife and children residing with them are considered one DISTRIBUTOR. A husband and wife may neither sponsor each other nor children residing with them, nor have different sponsors. Under no circumstances may an individual, spouse, dependents, partnership or corporation participate in more than one contract. THE CHANGING OF SPONSORS IS NOT ALLOWED WITHOUT WRITTEN PERMISSION BY ALL INVOLVED.
28. This Agreement may be terminated:
A. Forthwith, if DISTRIBUTOR violates any of the terms or provisions of any of the covenants herein provided.
B. By the dissolution or bankruptcy of DISTRIBUTOR
C. By withdrawal of CMI from the territory in which DISTRIBUTOR is operating.
D. By either party by written notice to the last known address of the other party.
29. Vesting Clause: A. If this contract should terminate after it has been in effect for one (1) year, commissions will be credited for the same number of years after termination as the number of full years this contract has been in effect, except as otherwise provided. If this contract remains in effect for three (3) full years, the commissions will be vested for life. In the event of DISTRIBUTOR’S death, all rights and responsibilities under the terms of this contract will be assigned to the DISTRIBUTOR’S estate, legal heirs or beneficiary. B. If this contract is terminated for any reason and DISTRIBUTOR is reinstated or a new contract is executed, a new vesting period will begin under the above terms after the reinstatement or new contract is executed. Credit will not be given for previous time accumulated under a terminated contract or before reinstatement. DISTRIBUTOR WILL FORFEIT ALL VESTING OF COMMISSION IF DISTRIBUTOR VIOLATES ANY OF THE PROVIS
10-99 COMMISSIONS EARNED FOR RESELLERS
You will be paid as an independent contractor and are required to fill out a W-9 form and a CSA (Customer Service Agreement) before CMI can pay any commissions. These documents are readily accessible in your own personal account or Main Control Panel located within the Briefcase. If you take advantage of our reseller program, you will also need to fax in the CMI Distributor Agreement. You will not be paid for commissions unless you supply us with the forms required. You will also receive a 10-99 at the end of the year from CMI or any Third-Party Administrator on CMI's behalf. You must be an active paying member at time of commission payout (5th of every month). CMI will pay all commissions on the 5th of every month for the entire previous month of business, including any outstanding commissions from prior months if applicable. You must accumulate at least $25.00 in commissions before CMI will write a check for commission payout. If you are not an active member at the time of commissions payout (5th of every month), you will forfeit the commissions. If you never accumulate at least $25.00 in commissions, and then become inactive for more than a 30-day period, you will forfeit any and all outstanding commissions that were left behind.
OVERALL TERMS AND CONDITIONS
The Terms and Conditions described below are common and valid for all types of contracts covered by this document.
You, the user, acknowledge that all content provided by CMIG, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and any and all items that may be considered content in the subsequent future are intellectual property and copyrighted works of CMI. Reproductions, copying or storage of content obtained from your account, in all forms, media and technologies now existing or hereafter developed is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. All individuals deemed to have infringed on copyrights and intellectual property held by CMI will be prosecuted under the law.
We provide a 3-day refund policy. We will refund you 100%, if you request your refund within 3 days of your initial enrollment date. We pay our vendors after 3 days for every member. Therefore, we cannot honor or authorize refund requests after 3 days for reimbursement, as we have already forwarded that money to our clients.
LIMITATIONS OF LIABILITY
This web site is for your personal and commercial use in accordance with the terms and conditions of this agreement, and as a condition of your use, you warrant and represent to CMI that you will not use this web site for any illegal purpose, or for any purpose that is prohibited by the terms and conditions of this agreement. Specifically, you may not modify copy, distribute, transmit, publish, display, license, create derivative works from, or sell any product, services, information or software obtained from this web site without prior consent from CMI. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
You hereby agree to indemnify and hold CMI harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorney’s fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to, and use of the materials, including without limitation, your failure to comply with the terms of this Agreement or any License Agreement. To the extent permitted by law, the services and information on this website are provided and fulfilled according to the "TERMS AND CONDITIONS" without warranty, and all warranties of any kind, either express or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement, are hereby disclaimed, and you hereby waive all such warranties.
The internal substantive laws of the United States and the State of California govern these Terms and Conditions, without references to rules governing choice of laws. Jurisdiction for any claims arising under this Agreement shall lie exclusively with a court of competent jurisdiction located within the County of San Diego located in the State of California, and you irrevocably consent to the jurisdiction of such court. Any legal action concerning these Terms, or this Web site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of California where our corporate headquarters are located.
MARKETING & PROMOTION OF OUR INCENTIVES
Client will explain the services to prospects honestly and in its entirety, without embellishment, distortion or misrepresentation. Any additional offers, representations or agreements made by client in connection with the certificates are prohibited and may result in termination of the customer service agreement. Client will make clear in any presentation to their customers exactly how the promotional offers work including any and all fees associated with such offer. All marketing, promotional and advertising material must be provided to CMIG, Inc. and approved in writing by CMIG, Inc.
You, the customer of CMIG, Inc. may not promote name brands of our participating hotels and resorts, airlines, manufacturers or any other CMIG vendors to your clients through promotion of our certificates. We provide to you, a CMIG, Inc. customer a reference sample listing on our website for some of our participating vendors. These sample listings are not to be promoted to your customers in any way.
We provide them as a convenience to you so you can understand who we work with. The logos of hotels that we display on our website are simply sample listings and a very partial sample listing at that. Your customers are not guaranteed any one of these brands.
THIRD PARTY WEB SITES & LOGOS
Our website may contain links to web sites operated by parties other than CMI. We provide these third-party links for your reference and convenience only. CMI does not operate or control such websites and is not responsible for their content, products, or services. CMI and their inclusion of links to web sites does not imply any endorsement of the content of said websites. Furthermore, CMI implies no connection to, nor endorsement of related products or services indicated on these websites or supposed association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
CMI reserves the right to change, modify, or amend any of these terms, conditions, and notices under which this web site is offered without prior notice.