Ameristar Marketing

Independent Contractor Agreement


INDEPENDENT CONTRACTOR AGREEMENT

Today’s date: 

Name: 

     

Company: If you are a business please enter the business name below.

 

Address: 

     

City, State, Zip: 

     

 

This is an Independent Contractor Agreement (“Agreement”) between “Ameristar Marketing, Inc.”, (the “Company”) and the individual named above to  (referred as “Contractor”,“Independent Representative”, “Independent Contractor”, “IC” or “the Rep”).

The parties agree as follows:

  1. Services. Contractor agrees to provide sales and marketing services to the Company as described on Schedule A, attached hereto and incorporated by reference herein (the “Work”), and the Company agrees to retain Contractor’s services under the terms and conditions set forth below. Contractor shall use best efforts to preserve the business of the Company and the goodwill of all Contractors, contractors, customers, suppliers, and other persons having business relations with the Company. Contractor further agrees to render services under this Agreement in a professional and business-like manner and in full accordance with the standards and practices recognized in the industry. Schedule A maybe modified and supplemented from time to time by the written agreement of the parties in order to revise the description of the Work or to accommodate new projects under this Agreement.
  2. Term. This Agreement is effective from the Effective Date and for the term set forth on Schedule A. This Agreement (i) may be terminated at any time by the Company upon written notice to Contractor,(ii) maybe terminated at any time by the Contractor upon 30 days prior written notice to the Company, and (iii) shall terminate immediately if Contractor dies or is convicted of any felony, or of any lesser crime or offense which the Company, in the Company’s sole discretion, determines materially and adversely affects the Company’s property, interests, reputation or goodwill.
  3. Payment. The Company agrees to pay Contractor for the Work in the manner set forth on the attached Schedule B. Contractor shall be sole responsibility for any expenses not listed on Schedule B. Schedule B maybe modified and supplemented from time to time by the written agreement of the parties in order to accommodate changes to the description of the Work or to accommodate new projects under this Agreement.
  4. Confidential Information. The Company shall provide e Contractor with initial and ongoing confidential information and trade secrets of the Company and the Company’s clients (here in after referred to as “Confidential Information”). For purposes of this Agreement, Confidential Information includes, but is not limited to:
  5. Software or other technology developed by the Company, any research data or other documentation related to the development of such software/technology and software source codes;
  6. Customer lists and prospect lists developed by the Company;
  7. c. Information regarding the Company’s customers, including but not limited to, customer contracts, work performed for customers, customer contacts, customer requirements and needs, data used by the Company to formulate customer bids, customer financial information, and other information regarding the customer;
  8. d. Information related to the Company’s business, including but not limited to marketing strategies and plans, sales procedures, operating policies and procedures, pricing and pricing strategies, billing information, customer lists, business plans, sales, profits, and other business and financial information of the Company;
  9. Training materials developed by and provided to Contractor by the Company; and
  10. Any other information which Contractor acquired as a result of his/her engagement by the Company and which Contractor has a reasonable basis to believe the Company would not want disclosed to a business competitor or to the general public. Contractor understands and acknowledges that such Confidential Information gives the Company a competitive advantage over others who do not have this information, and that the Company would be harmed if the Confidential Information were disclosed.
  11. Disclosure of Confidential Information. Contractor agrees to hold all Confidential Information of the Company in t rust for the Company and will not: (a) use the information for any purpose other than the benefit of the Company or in furtherance of the Company’s business; or (b) disclose to any person or entity any Confidential Information of the Company except as necessary during Contractor’s engagement with the Company to perform services for the Company. Contractor will also take reasonable steps to safeguard such Confidential Information and prevent its disclosure to unauthorized persons.
  12. Ownership. All work product (including, but not limited to, any related patent, copyright, trademark, trade secrets or other property rights) developed, derived or created (i) by Contractor (solely or jointly) during the term of this Agreement and which relate to the business or activities of the Company or (ii) as A result of the Services by Contractor (solely or jointly) (collectively, “Work Product”) will be considered work made for hire and owned exclusively by Company. In the event that any Work Product Cannot be considered work made for hire and therefore owned exclusively by Company under applicable Law, Contractor grants, transfers and assigns to the Company all right, title and interest in and to the Work Product. Contractor will promptly disclose all Work Product to the Company and will at all times take all actions and execute and deliver to the Company all documents deemed necessary or desirable by the Company to evidence and vest the ownership of the Work Product in the Company or the Company’s assignees.
  13. Return Of Materials. Any and all Confidential Information, files, records, documents, information, data, and similar items relating to the business of the Company or any of the Company’s customers, whether prepared by Contractor or otherwise, coming into Contractor’s possession as a result of performing services for the Company, shall remain the exclusive property of the Company and shall not be removed from the premises of the Company under any circumstances without the prior written consent of the Company (except in the ordinary course of business during Contractor’s active service under this Agreement), and in any event shall be promptly delivered to the Company (without Contractor retaining any copies) upon termination of this Agreement.
  14. Contractor Warranties. Contractor warrants that:
  15. The performance of the Work pursuant to this Agreement does not violate any agreement or obligation between Contractor and a third party;
  16. The Work, as delivered to the Company, does not and will not infringe on any confidential information, copyright, patent, trademark, trade secret, or other proprietary right held by any third party;
  17. The services provided by Contractor shall be performed in a professional manner and shall be of a high grade, nature, and quality;
  18. All records of contacts, subscriptions, enrollment documents, receipts, and any other related documents shall be available for examination and inspection at any time by the Company;
  19. He or she agrees to communicate only the employees and contractors of the Company in all matters involving business between the Company and any client companies with which the Company is associated.
  20. Insurance. Contractor agrees to be responsible for all his or her own insurance. If the Contractor uses a car for business purposes, under this agreement, the Contractor agrees to continuously maintain during the term here of and provide proof of liability insurance meeting the appropriate state requirements and providing coverage for bodily injury to third persons, and property in amounts and with insurance companies acceptable to the Company.
  21. Indemnification. Contractor agrees to indemnify and hold Company harmless from and against all any and all claims, damages, liabilities, losses, taxes, fines and penalties, costs, and expenses(including reasonable attorneys’ fees) asserted by a third party based on or arising out of Contractor’s breach or alleged breach of (i) the warranties in this Agreement, (ii) the infringement by Contractor of any third party’s proprietary rights, (i ii) or default in the performance by Contractor of any of the covenants or agreements which Contractor is required to perform under this agreement, (iv) or from any action taken by Contractor in the performance of Work under this Agreement.
  22. Restrictive Covenants. Without the prior written consent of the Company, Contractor shall not, during the term of this Agreement or for a period of eighteen (12) months following the termination of this Agreement:
  23. Use or disclose the Company’s Confidential Information to engage in or work for a Competing Business as an owner, employee, independent contractor or otherwise. For purposes of this Agreement, a “Competing Business” means any individual, proprietorship, partnership, corporation, association, governmental unit, or any other entity, other than the Company, providing the same or substantially similar products and services as those provided by the Company during Contractor’s engagement with the Company, including but not limited to selling and marketing of cable television products and services and other related cable business.
  24. Use or disclose the Company’s Confidential Information to solicit business from, attempt to do business with, or do business with any customer of the Company which either: (1) Contractor called on, serviced, did business with or had contact with during his/her engagement with the Company; or (2) Contractor became acquainted with or received Confidential Information regarding as a result of his/her engagement with the Company. This restriction applies only to businesses that are within the scope of services or products provided by the Company.
  25. Induce, solicit or attempt to solicit or induce any employee of the Company (or any affiliate of the Company) to leave their employment with the Company and/or accept employment elsewhere.
  26. Relationship of Parties.
  27. Contractor is an independent contractor and the Company and Contractor are not and shall not be considered as employer/employee, joint ventures, partners, or one as agent of the other under this Agreement, and neither shall have the power to bind or obligate the other. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment, or as a limitation upon the Company’s rights to terminate this Agreement in accordance with its terms.
  28. Neither party shall have any liability for any act or omission made or committed, or alleged to be made or committed, by the other party or any of its employees, associates or agents.
  29. Neither Federal, nor any state, nor local income tax, nor any other payroll tax of any kind, shall be withheld or paid by the Company on behalf of Contractor. In accordance with the terms of this Agreement and the understanding of the parties herein, Contractor shall not be treated as an employee with respect to the Services performed here under for Federal or state tax purposes, or for the provision of any employment, profit-sharing, fringe or retirement benefits. Contractor understands that he/she is responsible to pay his/her income tax in accordance with Federal, state and local law. Contractor further understands that he/she may be liable for Social Security tax, to be paid in accordance with all applicable laws.
  30. Contractor is not entitled to any benefits provided or rights guaranteed by the Company, or by operation of law, to the Company’s employees, including but not limited to group insurance, liability insurance, disability insurance, paid vacation, sick leave or other leave, retirement plans, health plans, premium “overtime” pay, and the like.
  31. Because Contractor is engaged in his/her own independent contracting business and is not an employee of the Company, Company may or may not obtain workers’ compensation insurance for Contractor.
  32. Contractor shall indemnify and hold the Company harmless against any and all loss, damage, cost, expense, or liability imposed or claimed, including attorney’s fees and the legal expenses, arising directly or indirectly from any act or failure of Contractor, including without limitation failure to pay or maintain any of the foregoing.
  33. Other Activities. Contractor is free to engage in other independent contracting activities, provided that Contractor does not engage in any such activities which are inconsistent with, in conflict with, or interfere with any provisions of this Agreement or with the performance of services under this Agreement.
  34. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable and this Agreement shall bemconstrued and enforced as if such illegal, invalid or unenforceable provision never comprised a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.
  35. Reformation. In the event that any Court of competent jurisdiction or arbitrator holds any restrictions in this Agreement to be unreasonable and/or unenforceable as written, the Court or arbitrator may reform the Agreement to make it enforceable, and the Agreement shall remain in full force and effect as reformed by the Court or arbitrator.
  36. Waiver. Failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement or to exercise any right or privilege conferred by this Agreement, or the waiver by a party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
  37. Notices. All notices shall be in writing and sent to the party at the address set forth on the signature page herein, or such other address as designated in writing by such party.
  38. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the Company and Contractor with respect to the subject matter hereof, and contains all of the covenants and agreements between the parties relating in any way to Contractor’s services f or the Company. No change or modification of this Agreement shall be valid or binding upon the parties here to unless such change or modification shall be in writing and signed by the Company and Contractor. No course of dealing between the Company and Contractor, or any waiver by the Company of a breach of any provision of this Agreement, or delay in exercising any right under this Agreement, shall operate or be construed as a waiver of any subsequent breach by Contractor.
  39. Assignability. Contractor shall have no right to assign, transfer, pledge or delegate his/her rights or obligations hereunder, and any attempt there of shall be void. This Agreement may be assigned or transferred by the Company to any affiliate of the Company or to any partnership or joint venture in which the Company or any affiliate of the Company participates. This Agreement shall be binding upon and shall inure to the benefit of, any of the Company’s successors or assigns.
  40. Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to Confidential Information, use of the Company’s trademark, copyright, and other intellectual property rights, and solicitation of the Company’s business will not be adequate for the Company’s protection, and accordingly the Company shall have the right to obtain, in addition to any other relief and remedies available to it, in junctive relief to enforce the provisions of this Agreement.
  41. RELIGIOUS EXPRESSION. THE COMPANY ACKNOWLEDGES ALL RELIGIONS, FAITHS AND BELIEFS AND ALLOWS INDIVIDUALS TO FREELY EXPRESS THEMSELVES WITHOUT BIAS OR PREJUDICE IN THE WORKPLACE.
  42. GOVERNING LAW. THIS AGREEMENT, ITS VAILDITY, CONSTRUCTION AND ENFORCEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. VENUE FOR RESOLUTION OF ANY DISPUTE ARISING FROM THE ENGAGEMENT OF CONTRACTOR BY COMPANY SHALL LIE EXCLUSIVELY IN COLLIN COUNTY, TX.

SCHEDULE A

DESCRIPTION OF SERVICES

  1. The term of this Agreement shall be a period of one (1) year commencing on the Effective Date of this Agreement, or stay in effect during the duration of the campaign.
  2. The Contractor shall market and sell via door to door, over the phone, Online, retail, or in an event setting, ELECTRICITY, NATURAL GAS, CABLE, TELECOM, ISP, SECURITY ALARM, or CELLUAR DEVICES services for the Company only in the territory assigned to the Contractor from time to time by the Company.

Termination of Agreement. Company may discontinue the services of this Agreement upon written or verbal notice under the following conditions:

(a) Nonperformance by the Contractor/ Direct Seller.

(b) Contractor commits a material breach of the Agreement.

(c) The conviction of Contractor of any crime.

(d) Contractor files any false or forged document with the Company or Customers.

Contractor may discontinue the services of this Agreement upon written or verbal notice under the following conditions:

(a) Company commits a material breach of the Agreement.

(b) Company fails to pay any valid invoice within 30 days of receipt from customer.

This Agreement may also be terminated upon the mutual, written or verbal agreement of the parties at any time.

Customer Complaints. In the event the Contractor causes an error, customer and/or potential customer complaint, including but not limited to Fraudulent Solicitation, or a complaint by the Public Utility Commission, that results in any damages (“Damages”), including, but not limited to, fees, charges, penalties, fines, or costs incurred by the Company, customer and/ or potential customer, Contractor shall reimburse the Company and customer and/ or potential customer for such Damages upon presentation of an invoice or as a credit to be made against Contractor’s compensation for services described in the Contract. The prior sentence shall survive after the termination or expiration of the Agreement.


SCHEDULE B:

PAYMENT SCHEDULE

  1. Contractor shall be compensated by the Company in accordance with the Commission Schedule set forth below; provided, however, should Contractor fail to submit sales orders and/or deposits from new or upgraded subscribers, including partial deposits, within three (3) business days after such sale was made by Contractor or such deposit was received by Contractor, Contractor shall permanently FORFEIT any and all right to such commissions to which he/she may have otherwise be entitled.
  2. Company is not liable for commissions owed on invoices not paid by Client Company, and until invoices are paid by the client company the Company has no legal responsibility or obligation. Company also is not liable for Payment to Contractor unless and until a valid sales report has been submitted to Company.
  3. From time to time, the Company may advance the Contractor sums of money for travel and other related business expenses, or a client company may chargeback commissions paid on canceled or invalid sales. A security deposit in an amount equal to ten percent (10%) of the commissions earned by the contractor will be deducted from each check issued by the Company to the Contractor. This security deposit will be refunded one-hundred and twenty (120) days after Contractor’s final sale has been installed following termination of this Agreement. The Company shall have the right to offset such advances or charge backs against the Contractor’s security deposit and/or the Contractor’s final Commission check should the security deposit not cover any such monies. Should the monies advanced to the Contractor (which have not been repaid) exceed the security deposit and the Contractor fails to repay such advance prior to the termination of this Agreement and the Contractor’s final Commission check does not cover such monies advanced, the Contractor agrees that such monies advanced will be considered a loan payable by the Contractor to the Company. The term of the loans shall be due on receipt) commencing on the date this Agreement terminates and shall bear interest at a rate equal to the Applicable Federal Rate (“AFR”) plus 6%.
  4. Should the Contractor’s assignment require the possession and delivery of client or Company electronic equipment, such as but not limited to digital terminals, a security deposit in an amount equal to ten percent (10%) of the commissions earned by the contractor will be deducted from each check issued by the Company to the Contractor. This security deposit will be refunded one-hundred and twenty (120) days after Contractor’s final sale has been installed following termination of this Agreement. If any digital terminal is lost, stolen, damaged beyond repair, or un-recovered, the Contractor shall remit $500.00 per terminal or modem to the Company upon termination of this Agreement.
  5. In addition, the Company shall have the right to offset such charge for a lost or unrecoverable terminal or modem against the Contractor’s security deposit and/or the Contractor’s final Commission Check should the security deposit not cover any such losses. Should neither the security deposit nor the Contractor’s final Commission check cover the losses associated with lost or unrecoverable terminals, the Contractor agrees that such $500.00 charge per terminal or modem shall be considered a loan payable by the Contractor to the Company. The term of the loan shall be one-hundred and twenty (120) days commencing thirty (30) days after Contractor’s final sale has been installed following termination of this Agreement and shall bear interest at a rate equal to the Applicable Federal Rate (“AFR”) plus 6%
  6. The Company shall not pay or reimburse Contractor for any business-related expenses incurred by Contractor in the course of his/her performance of the Work unless the Company, in writing, prior to its incurrence, approved such expense. The Company shall have the sole discretion to approve or deny any expense request. Further the company may deduct an amount no greater than $20.00 from each weekly check in order to process, and provide data compilation related to “Contractor” commissions paid to the “Company” by its “Clients”.
  7. Contractor is required to provide prompt Notice to Company in the event he or she moves or otherwise changes his or her address or contact information. Notice is deemed to be given on the day it is received and must be provided by overnight delivery service, facsimile transmission, electronically or hand-delivery.

 AMERISTAR MARKETING, INC.,  POLICY PROHIBITING SEXUAL HARASSMENT

I.

Statement of Philosophy

Ameristar Marketing, Inc. (herein after referred to as Ameristar) is proud of its tradition of a collegial work environment in which all individuals are treated with respect and dignity, including clients, customers, employees, vendors, and independent contractors. Each individual has the right to work in a professional atmosphere which promotes equal employment opportunities and prohibits discriminatory practices, including sexual harassment. At Ameristar, sexual harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated.

II.

Definition of Sexual Harassment

The U.S. Equal Employment Opportunity Commission Guidelines on Discrimination Because of Sex (29 C.F.R. §1604.11(a)) defines conduct which constitutes prohibited sexual harassment. Section 1604.11(a) provides that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Examples of sexual harassment include, but are not limited to:

  1. Unwanted sexual advances
  2. Demands for sexual favors in exchange for favorable treatment or continued employment
  3. Threats and/or demands to submit to sexual requests in order to obtain or retain any employment benefit
  4. Verbal conduct such as epithets; derogatory or obscene comments; slurs or sexual invitations; sexual jokes; propositions; suggestive, insulting, or obscene comments or gestures; or other verbal abuse of a sexual nature
  5. Graphic verbal commentary about an individual’s body, sexual prowess, or sexual deficiencies
  6. Unwanted flirtations, advances, leering, whistling, touching, pinching, or assault
  7. Coerced sexual acts
  8. Blocking an individual’s normal movements

III.

Individuals Covered Under the Policy

This policy covers all individuals in the workplace. Ameristar will not tolerate, condone, or allow sexual harassment, whether by fellow employees, supervisors, managers, customers or other nonemployees who conduct business with this Company. Ameristar encourages the reporting of all incidents of sexual harassment, regardless of who the offender may be, or the nature of the offender’s relationship to the Company.

IV.

Reporting the Complaint

While Ameristar encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the Company also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such informal, direct communication between individuals is either ineffective or impossible, the following steps should be taken in reporting a sexual harassment complaint:

  1. Notify Appropriate Staff

Individuals who believe they have been sexually harassed should report the incident to all the following individuals:

1) Frederick Costa III / President, C.E.O. of Ameristar / Call (424) 233-5996 and mail to fcosta@ameristarmarketing.com

2) Darwin Troupe / Outside Consultant for Ameristar / Call (310) 910-6645 and email to dtroupe@123ustaxes.com

If the complaint is successfully resolved in an informal manner, to the complainant’s satisfaction, Fred Costa shall file a confidential report about the complaint and its resolution, so that the company will be aware of any pattern of harassment by a particular individual, and also will be aware of all complaints of sexual harassment on a company-wide basis. If the complaint is not successfully resolved in an informal manner, a written report shall be made to Fred Costa.

  1. Prepare Written Report of Misconduct

An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of sexual harassment. Verbal reports of sexual harassment must be reduced to writing by either the complainant or Fred Costa and be signed by the complainant. Individuals who believe they have been or currently are being harassed should maintain a record of objectionable conduct in order to prepare effectively to make their written report and to substantiate their allegations. While Ameristar encourages individuals to keep written notes in order to accurately record offensive conduct or behavior, Ameristar hereby notifies all employees that in the event a lawsuit develops from the reported incident, the complainant’s written notes may not be considered privileged or confidential information.

  1. Promptly Report the Complaint

Ameristar encourages a prompt reporting of complaints so that a rapid response and appropriate action may be taken. A prompt report not only aids the complainant, but also helps to maintain an environment free from discrimination for all employees.

V.

Investigating the Complaint

  1. Confidentiality

Any allegation of sexual harassment brought to the attention of the following individuals:

  • Frederick Costa III / President, C.E.O. of Ameristar / Call (424) 233-5996 and email to fcosta@ameristarmarketing.com

        2) Darwin Troupe / Outside Consultant for Ameristar / Call (310) 910-6645 and email to dtroupe@123ustaxes.com

, will be promptly investigated. Confidentiality will be maintained throughout the investigatory process, to the extent practical and appropriate under the circumstances.

  1. Investigation Process

The investigator will try to take the wishes of the complainant under consideration, but will thoroughly investigate the matter, keeping the complainant informed as to the status of the investigation.

VI.

Resolving the Complaint

In order to minimize the damage to Ameristar’s, the complainant, and the alleged harasser, Fred Costa will complete the investigation of a sexual harassment complaint, and communicate his or her findings and intended response to the complainant and alleged harasser, as expeditiously as possible. If Ameristar finds that harassment occurred, the harasser will be subject to appropriate disciplinary action, as listed below (see §VII). The complainant will be informed of the disciplinary action taken. If Ameristar determines that no sexual harassment has occurred, this finding will be communicated to the complainant and to the alleged harasser. If Ameristar cannot determine whether or not sexual harassment occurred, this finding will be communicated to the complainant and to the alleged harasser, and the matter will be recorded as unresolved. In any event, both the complainant and the alleged harasser will be informed again of the procedures set forth in this sexual harassment prevention policy.

Ameristar’s Sexual Harassment Policy as of 06/04/09 Page 2 of 3

VII.

Sanctions

Individuals found to have engaged in misconduct constituting sexual harassment will be subject to appropriate discipline, up to and including discharge and/or termination of services to Ameristar. In addressing incidents of sexual harassment, Ameristar’s response will include, at a minimum, reprimanding the offender and preparing a written record. Additional action may include: referral to counseling, withholding of a promotion, reassignment, and temporary suspension without pay, financial penalties, termination employment, or termination of services to Ameristar. This policy is designed to protect all employees and non employees providing services to Ameristar from harassment in any way associated with the workplace or work environment, regardless of the identity or status of the harasser. Although Ameristar’s ability to discipline a non-employee harasser (e.g., a customer or supplier or independent contractor) may be limited by the degree of control, if any, that it has over the alleged harasser, any employee or non-employee who has been subjected to sexual harassment should file a complaint and be assured that action will be taken. Such action may include closing business with a customer, reporting a supplier to his or her employer, reporting a public official to an appropriate agency, or any other appropriate action to protect the employees and non-employees of Ameristar.

VIII.

Protection Against Retaliation

Ameristar will not in any way retaliate against an individual who makes a complaint of sexual harassment or against any participant in the investigation, nor will it permit any supervisor/manager or employee or non-employee providing a service to Ameristar to do so. Retaliation is a serious violation of this sexual harassment policy and should be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to the same disciplinary action described above (see §VII). An individual who makes an intentional or reckless false complaint also will be subject to the same disciplinary action as described above (see §VII).

IX.

Non-Employee Clause

The industry that Ameristar operates in and the nature of Ameristar’s business requires Ameristar to use the services of independent contractors and other non-employee service providers. Although Ameristar has little control over the actual work environment in which independent contractors and other non-employee service providers render services to the company, independent contractors and non-employee may meet and work together as a result of their relationship with Ameristar. As such, Ameristar may require its independent contractors and non-employee service providers to sign its Policy Prohibiting Sexual Harassment. The act of an independent contractor or non-employee service provider signing this Policy does not change the relationship of the independent contractor or non-employee service provider signing to the status of an employee. An independent contractor or non-employee service provider signing this Policy acknowledges and agree that his or her act of signing this Policy does not constitute and employer and employee relationship between Ameristar and independent contractor or non-employee service provider.

X.

Conclusion

Ameristar has developed this policy to ensure that all its employees and non-employee providing as service to Ameristar work in an environment free from sexual harassment. The Company will make every effort to ensure that all its personnel are familiar with the policy and know that any complaint received will be thoroughly investigated and appropriately resolved.


INDEPENDENT CONTRACTOR COMPLIANCE PROCESSING/ADMINISTRATION / EQUIPMENT WAIVER

  1. Compliance Processing fee:

I authorize “Ameristar Marketing, Inc.” to deduct $75.00 for Energy/Wireless contracts and $150.00 for Cable/Telecom contracts “from any payable commissions owed to me”. This may be done in 3, payments depending on my request and amount applicable for contract.

                I understand this one time deduction is used solely to process, background checks, drug lab testing, DMV driving records, uniforms, jackets, apparel, and ID badges.  For our Client’s security a $100.00 fee may be accessed for each lost, stolen, or non- returned issued ID Badge. Should the Agent not turn in ID within 10 days upon termination, $100.00 will be deducted from  final commissions or reserve balance available.

  1. Administration fee:

If the office location or project campaign I am working involves an office administrator to complete or submit any required paperwork or data entry tasks related company being able to properly invoice client for my services provided, I agree to the following deduction out of each commission check owed to me.

Field/Retail Agent: $10.00

General Manager:  $20.00

Regional Manager: $30.00

  1. Equipment fee:

Some of Ameristar’s contracts will require contractors to use or collect equipment in the normal course of conducting business. If I am issued any of the following equipment/devices and the items are stolen or never returned the following amounts will be applied to any commissions or balance available in my reserve account.  Using your own Android or Iphone device is acceptable.

Digital Converter: $500.00 (if not returned after issued by company or collected from customer)

Cellular Phone: $35.00 per/device (related to inventory associated with ETC wireless contracts)

Tablet Device or 4G Phone plus accessories: $150.00 (used to process orders) (paid in 5 installments)

Monthly Data Services: $25.00  (if paid by company)

In order to maintain compliance with Ameristar clients, all items issued, except those specifically paid for by contractor must be returned to local office or Ameristar leader including but not limited to all branded materials and work orders.


REPRESENTATIVE CODE OF CONDUCT PLEDGE AND SALES STANDARDS

I, the undersigned, fully understand the responsibility I am about to undertake as an independent contractor selling the services of AMERISTAR to the general public. While I am ultimately responsible for the results of my sales efforts, AMERISTAR has certain basic requirements that guide my professional behavior. I understand them to be as follows:

• I will not intentionally misrepresent, or knowingly allow the customer to believe, that I am affiliated with the utility.

• I agree to make no substantial deviation from the AMERISTAR script with intent to deceive or mislead the customer.

• I will not over-promise a percentage of savings, promise a specific dollar-amount of savings, or in any way misrepresent the product.

• I will not sell to anyone other than the authorized account holder.

• I understand that Third Party Verification completes a sale that I have made. I will not misuse TPV as a means of continuing the sales process.

• I will not “slam” a customer, or knowingly allow their service to be switched without their full understanding of AMERISTAR services.

• “Slamming” is considered legal fraud, and if I engage in such activities I will be terminated immediately and may be subject to prosecution.
• Once I have successfully completed the TPV process with the customer on behalf of AMERISTAR I agree to leave the premises.

• I agree to not misuse the Enrollment Application. Sales Standards

In these Sales Standards the term “customer” includes both prospective and existing AMERISTAR PARTNERS’ customers. “Agent” means the person, who is employed by, or an independent agent of Ameristar and who is or will be licensed by AMERISTAR PARTNERS to sell AMERISTAR PARTNERS products and services. Ameristar is ultimately responsible for Agent’s compliance with these Sales Standards.

1. Agents must, at all times, prominently display their AMERISTAR PARTNERS issued Agent identification badge. This badge will include the Agent’s name and photograph.

 
2. Agents will be required to immediately identify themselves to the customer by the name displayed on Agent’s badge and as agents for AMERISTAR PARTNERS. So as not to create any confusion in the mind of a customer about the identity of AMERISTAR PARTNERS or misrepresent AMERISTAR PARTNERS as the utility, the name “AMERISTAR PARTNERS” and associated service/trademark must be used in its exact entirety and cannot be modified in any way.
 
3. Agent will:
 
Conduct themselves with integrity and honesty.
 
Be polite and courteous with customers, other agents, AMERISTAR PARTNERS employees, and any other members of the public at large. On behalf of AMERISTAR
PARTNERS, Agents will always thank an AMERISTAR PARTNERS customer for their time and/or business.

Immediately report any incident to their supervisor involving the police/law enforcement or any situation

that could have potential brand/reputational risk to AMERISTAR PARTNERS.

Immediately cease using any outdated AMERISTAR PARTNERS contract forms or other sales materials upon notification by AMERISTAR PARTNERS, and will immediately return all outdated unused
forms or materials to AMERISTAR PARTNERS.

Truthfully provide accurate and verifiable comparisons, as well as honest answers to all questions.

Allot customer a sufficient amount of time to read though all documents provided.

Clearly explain why they are requesting the customer’s bill and make sure the customer understands the reason for this request.

Present all the facts needed to make an informed decision.

Clearly explain that the price they are quoting only covers the Generation and, in some cases, Transmission. Customer will continue to pay the local utility for the distribution portion of their bill.

Advise a customer of their cancellation rights by referring the customer to the applicable section of the contract.

Only use sales material approved by AMERISTAR PARTNERS management.

a. All approved sales material must be read and understood by Agent before use.
b. Agents will follow any standard sales presentation scripts provided in writing by AMERISTAR
PARTNERS

Give the customer a copy of any documents that were signed, including, but not limited to, the sales contract.

Submit completed paperwork to Service Provider’s office within 24 hours of a completed sale, or as soon thereafter as is reasonably possible.

Successfully complete AMERISTAR PARTNERS’s agent training and certification process for general  industry knowledge, legal and regulatory requirements including these Sales Standards, and any AMERISTAR PARTNERS products and services before marketing any such products or services. AMERISTAR PARTNERS requires all Agents to attend ongoing training sessions provided by either AMERISTAR PARTNERS or Service Provider.

Be responsible for obtaining and maintaining knowledge of AMERISTAR PARTNERS’s products and services, and the general market conditions for those products and services as provided by AMERISTAR PARTNERS in writing, so that inquiries by customers or prospective customers can be responded to appropriately and completely. Be dressed professionally (business casual) while selling on behalf of AMERISTAR PARTNERS.

4. Agent will NOT:

Harass customers in any way.

Exert undue pressure on a customer, especially while customer is reading through provided documents.

Make any false or misleading statements, or give any false answers, which are likely to mislead a customer with regard to any term in AMERISTAR PARTNERS’s offer.

Use a customer’s cancellation rights as a sales tactic by urging a customer to sign now because they can cancel later, or in any other way.

Make any false or malicious statements regarding AMERISTAR PARTNERS and its Affiliates or employees, or other Agents, or regarding any of AMERISTAR PARTNERS’s competitors or other industry
participants.

Copy, release, disclose, or use (other than appropriate use in the course of selling on behalf of AMERISTAR PARTNERS and in accordance with these Sales Standards) confidential or proprietary information, or trade secrets, of AMERISTAR PARTNERS and its Affiliates or information provided to Agents by AMERISTAR PARTNERS in respect of customers.

Discriminate in the selection of individual or groups of prospective customers to solicit on the basis of race, color, religion, national origin, sex, age, sexual orientation, gender identity and expression, disability, marital status and any other bases under federal, state or local laws.

Be permitted to wear any of the following types of clothing while selling on behalf of AMERISTAR PARTNERS
a. Sandals, flip flops, or open-toed shoes
b. Shorts
c. Blue jeans
d. Baseball caps or headbands, with the exception of AMERISTAR PARTNERS branded caps
e. Excessively loose or baggy clothing
f. Low fitting or tight fitting clothing
g. Visible tattoos
h. Conspicuous piercings
i. Unnatural hair color
j. Any other non-approved clothing
5. The breach of any civil or criminal law by an Agent, whether committed against a member of the
public at large, another Agent, or an AMERISTAR PARTNERS employee, will be grounds for
immediate termination of Agent’s license.

Forgery is a crime. Suspicion of forgery will result in suspension of an Agent’s license during investigation. Any Agent found to be guilty of forgery will have their license terminated immediately, any monies otherwise owing to the Agent will be withheld, and the Agent will be prosecuted to the full extent of the law.

Harassment of an Agent by a customer, or anyone else, is also a crime, and should be reported promptly to AMERISTAR PARTNERS so that AMERISTAR PARTNERS can take all appropriate action to protect the rights of its Agents.

 
6. These Sales Standards are ongoing requirements and Agents are required to have this document accessible at all times for reference as required.

Agents are expected to be familiar with, and must adhere to, the Sales Standards.

Agents will follow all additional Sales Standards and policies of conduct as may be communicated to them in writing by AMERISTAR PARTNERS from time to time.

 
7. Upon termination of employment with Service Provider for whatever reason, Agents must immediately return identification badges, uniforms or clothing provided by AMERISTAR PARTNERS (either directly or
through the Agent’s employer), all sales materials, sales forms and sales aids, all customer information, and any other property of AMERISTAR PARTNERS.
 
8. Agent’s signature below attests to their completion of all training that is required before marketing on behalf of AMERISTAR PARTNERS.

Substitute for Form W-9
Request for Taxpayer Identification Number

Pursuant to Internal Revenue Service Regulations, you must furnish your Taxpayer Identification Number (TIN) to Ameristar Marketing, Inc. If this number is not provided, you may be subject to a 31% withholding on each payment. To avoid this 31% withholding and to insure that accurate tax information is reported to the Internal Revenue Service, please use this form to provide the requested information.
 

PRIVACY ACT STATEMENT
Section 6109 of the Internal Revenue Code requires you to give your correct Taxpayer Identification Number (TIN) to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. The IRS will use the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation and to cities, states, and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply

Purpose of this form:

Ameristar Marketing, Inc. is processing a payment. To conform to IRS regulations for Form 1099, we must have a Federal Tax Identification Number or Social Security Number in our files for ALL VENDORS and INDIVIDUALS receiving  payments from Ameristar Marketing, Inc. (Although the information may be similar to what is typically provided on an IRS W-9 Form, an IRS W-9 Form may not be submitted in lieu of this Ameristar Marketing, Inc. Substitute W-9 Form).
In order to comply, we ask that you provide the following information:

1.Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
 
 
2. Business name/disregarded entity name, if different from above
 
3. Check appropriate box for federal tax classification; check only one of the following seven boxes:
  Taxpayer Type:

 
 
If limited liability company is selected, Enter the tax classification (C=C corporation, S=S corporation, P=partnership)   
 
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.
 
4.  Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any)  
 
     Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.)  

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. 
 
Social security number (Mandatory-Use 0’s in this field if using EIN)
or                           
Employer identification number 

Part II Certification

 
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. I am a US citizen or other US person. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For Mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.
 

AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS)

Ameristar Marketing, Inc.

I (we) hereby authorize Ameristar Marketing, Inc. hereinafter called COMPANY, to initiate credit and, if necessary, debit entries and adjustments for any credit entries in error to my (our): (select one)

indicated below, at the depository Financial Institution named below, and to credit or debit the same from such account. I (we) acknowledge that the authority will remain in effect until I have (or either of us) cancelled it in writing and that the origination of ACH transactions to my (our) account must comply with the provisions of U.S. law.

Financial Institution

Branch (optional)

 

City

State

Zip

Account Type

Routing Number

Account Number

This authorization is to remain in full force and effect until COMPANY has received written notification from me (or either of us) of its termination in such time, and in such manner as to afford COMPANY and Financial Institution a reasonable opportunity to act on it.


Agree & Sign

I agree that I have read and understand, the entirety of this document including the following sections and accept its terms and conditions.

 

 

INDEPENDENT CONTRACTOR AGREEMENT

SCHEDULE A

SCHEDULE B

AMERISTAR MARKETING, INC.,  POLICY PROHIBITING SEXUAL HARASSMENT

INDEPENDENT CONTRACTOR COMPLIANCE PROCESSING/ADMINISTRATION / EQUIPMENT WAIVER

REPRESENTATIVE CODE OF CONDUCT PLEDGE AND SALES STANDARDS

AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS)

 

Substitute for Form W-9

Leave this empty:

Signed by Fred Costa
Signed On: May 5, 2017

Ameristar Marketing https://ameristarmarketing.com
Signature Certificate
Document name: Independent Contractor Agreement
Unique Document ID: 2ad45b55f0ce4eb1bb82c5d04c18fead2dcae0cd
Timestamp Audit
2016-04-28 23:42:11 CDTIndependent Contractor Agreement Uploaded by Fred Costa - ameristarapps@gmail.com IP 47.205.13.206