Affiliate / Representative Agreement
This Affiliate / Representative Agreement ("Agreement") is made and entered into by and between Virtual Vision Computing Co, LLP (hereinafter referred to either as "Virtual Vision" or "Company") and you as an Affiliate Partner Plus or as an Affiliate Partner of Virtual Vision, and participant in its related network marketing plan (hereinafter referred as "Representative" or "Affiliate" or "you" or "your").
This Agreement also includes other important agreements or documents that set forth terms, conditions and other representations including but not limited to the Compensation Plan, which is published on our Internet web site and is incorporated herein by reference.
Please read the following information carefully.
We may revise this Agreement from time to time without prior notice. You should visit this page periodically to review this Agreement, because the Agreement is binding on you. This Agreement also incorporates by reference other important agreements or documents that set forth terms, conditions and other representations relating to your becoming and remaining a Representative of Virtual Vision including but not limited to the Compensation Plan, which is published on our Internet web site.
AS A REPRESENTATIVE, YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME, REGARDLESS OF REASON. IF YOU WISH TO CANCEL THIS AGREEMENT, YOU MUST SEND A WRITTEN REQUEST TO THE COMPANY AT ITS PRINCIPAL BUSINESS ADDRESS AT 1013 N 3RD AVE, WAUSAU, WI 54401.
As a Representative of the Company, you make the following representations and agree to the following Policies and Procedures:
- You are of legal age in the state of your residency. You agree that you are an independent contractor, responsible for determining your own business activities without control of or direction by the company, and not an agent, employee or legal representative of the Company. You will not represent in any manner that you are an agent, employee or legal representative of the Company. You are responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state, or regulatory taxing agency, and the obtaining of applicable business licenses.
- This position does not constitute the sale of a franchise or the sale of a Representative position.
- In presenting consumer products and informing others about the opportunity to become a Representative, you agree that such presentations and related information shall be strictly conveyed in accordance with the following guidelines, and that you will be terminated as a Representative if you fail to abide by the following:
- In each presentation regarding the Representative position, you will directly inform the prospect of the one time setup fee requirement and a monthly hosting fee is a requirement to become a commissionable Representative.
- Except as provided in Section 12 herein, Representatives will only use sales materials provided by Virtual Vision.
- Compliance with the guidelines outlined in the Representative Guide to Internet Marketing, which is published on the Virtual Vision Internet web site and is incorporated herein by reference.
- In order to maintain a viable marketing program and to comply with changes in federal, state, or local laws in economic conditions, Virtual Vision may provide additional or modified policies and procedures for Representative from time to time, as well as modifications to its Representative Compensation Plan ("Compensation Plan") and Representative Guide to Internet Marketing. Such policies and procedures and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official Representative Internet website located at www.virtualvisioncomputing.com.
- You understand that no attorney general or other regulatory authority has reviewed, endorsed, or approved any product, compensation program or this Company, and you will make no such claim to others.
- You understand that your Representative position can be inherited or bequeathed, but cannot be transferred or assigned during your lifetime without prior written consent of the Company which consent will not be unreasonably withheld. Failure to remain an eligible Representative shall result in automatic suspension of your Representative status and in such event; Company may elect to terminate this Agreement immediately upon written notice to you (see continuing eligibility requirements described in section 8. below).
- Unless sooner terminated as set forth herein, this Agreement shall commence on the date on which Virtual Vision receives and accepts your Representative's Application for Distributorship at its home office, Wausau, WI and shall remain in effect until cancelled by either party, subject to the right of Virtual Vision to require annual or other periodic renewal of this Agreement which may include renewal fees.
- We expressly reserves the right to terminate this Agreement upon thirty (30) days written notice, and in the event that it elects to:
- cease business operations;
- dissolve as a corporate entity; or
- terminate network marketing/multi-level marketing/direct selling methods.
- You understand that your marketing and promotion of Virtual Vision, its products and services, the Virtual Vision opportunity, and the marketing and Compensation Plan shall be consistent with the public interest, avoiding all discourteous, deceptive, misleading, unethical, illegal or immoral conduct or practices.
- You acknowledge that Virtual Vision reserves the right to offer and/or sell its consumer products directly to the public or to resellers using marketing and sales channels other than this network marketing program.
- You understand that all sales materials produced by Virtual Vision have been developed to be fair and to comply with the legal requirements of state and federal laws. You further understand and agree that as a Representative of Virtual Vision:
- You have the right to make copies of the sales materials for your personal use except where expressly prohibited
- You have the right to post copies of the sales materials on your personal website ("Third Party Website").
- You have the right to create links into the Virtual Vision site from your Third Party Website, provided that clicking the link either replaces your Third Party Website in entirety with the Virtual Vision materials linked to or places the Virtual Vision materials linked to in a window by themselves. You understand that this means specifically that you may not link any portion of the Virtual Vision site into a framed or similarly contained portion of your Third Party Website.
- It is your responsibility to keep any copied material up to date. You understand that Virtual Vision is not responsible to notify you of any revisions to the sales materials (such revisions are indicated at the Virtual Vision website).
- You have the right to reproduce testimonials taken from Virtual Vision materials in a written, email, website or other fashion.
- No Internet links to the Virtual Vision website, other than those that comply with the provisions of this Agreement, shall be undertaken.
- You have the right to copy any portion of a page from the Virtual Vision website and post it on your Third Party Website, ONLY if the following disclaimer is visible and readable alongside the copied portion of the web page;
"THIS IS NOT THE Virtual Vision Computing Company WEBSITE AND Virtual Vision Computing Company IS NOT RESPONSIBLE FOR THE CONTENT, CREATION, REPRESENTATIONS OR THE MAINTENANCE OF THIS SITE."
- No representations, other than that as a Representative of Virtual Vision, including but not limited to corporate association, partnership, Compensation Plan examples or income possibilities, may be used or made in any way, including but not limited to chat rooms, Third Party Websites, or testimonials.
- You have the right to register the term "Virtual Vision Rep", "Virtual Vision Representative", "Virtual Vision Independent Rep", "Virtual Vision Independent Business Partner", and "Virtual Vision Affiliate" with search engines on the Internet. You have the right to register the term "Virtual Vision" provided that your Third Party Website properly communicates the trademarked status of the Virtual Vision Computing Co trade name. You have the further right to add your status as a Representative (example: Affiliate, Affiliate Plus Bronze, Affiliate Plus Silver, Affiliate Plus Gold, Affiliate Plus Platinum, Affiliate Plus Diamond, etc.), as long as you do NOT misrepresent that status. Other search engine registrations may be made, as long as they comply with the terms of this Agreement.
- You have the right to make postings in chat rooms as long as the content of the postings complies with the terms and conditions of this Agreement.
- You acknowledge and certify that you have read, understand and comply with the Direct Selling Association Code of Ethics (available for review at http://www.dsa.org/ethics).
- You will comply with ongoing efforts to ensure Virtual Vision products', services and business opportunities are promoted in accordance with the law and agree to acknowledge your acceptance and compliance quarterly. You will not use or transmit unsolicited emails or faxes, mass e-mail distribution or "spamming" in order to promote Virtual Vision, its products, compensation plan or any other aspect of the Company. These restrictions do not include an email or fax:
- to any person with that person's prior express invitation or permission; or
- to any person with whom you have an established personal or business relationship.
- You will not promote your Representative business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Virtual Vision, except in materials provided by the Company, or in a manner that properly communicates the trademark status of the Virtual Vision trade name. You understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of federal and state law.
- You understand that you may not use or register or attempt to register any of Virtual Vision's product names, service marks, service names, trademarks, trade names, the Company's name, or any derivative thereof, for any Internet domain name or into any electronic email address. You further understand that as a Representative, you may not:
- register a domain name or URL that contains the word "Virtual Vision" (example: my1virtualVision.com or VirtualVision4U.com); and,
- register a domain name or URL that contains a misspelled version of the word "Virtual Vision".
- You shall not respond to media inquiries regarding Virtual Vision, its products or services, or its independent Virtual Vision business, without the express written consent and permission of Virtual Vision. You understand that all inquiries by any type of media must be immediately referred to Virtual Vision. You understand that this policy is designed to assure that accurate and consistent information is provided to the public.
- You will not make copies or distribute education materials for Virtual Vision without written permission from the Company.
- You are solely responsible for supervising and supporting the Representatives you sponsor into the program and in your commissionable down line. You agree to maintain monthly communication and support to those Representatives in your commissionable down line by way of any of the following, or combination thereof: personal contact, telephone communication, written communication including frontline messaging, e-mail and attendance at Representative meetings.
- You understand that Virtual Vision provides the following support to its' Representatives:
- Virtual Vision will maintain your downline organization, sales, and commissions payment history;
- Virtual Vision will provide literature and sales aids necessary to enable the Representative to commence their business and are available free of charge on the internet website of the Company;
- Virtual Vision will calculate and provide payment of commissions and bonuses pursuant to the Compensation Plan as published on the Virtual Vision Internet web site and incorporated herein by reference, and
- Virtual Vision will ship ordered sales aids within ten (10) days of receipt of order and clearance of funds, subject to availability of items ordered.
- In the event of cancellation or non-payment of the monthly installment for 60 days or more, you must pay a reinstatement fee to resume your Representative status.
- You understand and agree for all Group Enrollment Benefit opportunities that have 1,000 or more members you are required to enlist assistance from and obtain written approval from the Virtual Vision Corporate office prior to initial contact with the organization. REQUEST FOR CANCELLATION MUST BE IN WRITING AND POSTMARKED OR RECEIVED BY Virtual Vision NO LATER THAN MIDNIGHT OF THE THIRTIETH BUSINESS DAY SUBSEQUENT TO THE DATE OF PURCHASE. YOU UNDERSTAND YOU MUST SEND YOUR WRITTEN REQUEST TO 1013 N 3RD AVE, WAUSAU, WI 54401. YOU UNDERSTAND THAT YOU MUST RETURN ALL MATERIALS WITHIN 10 BUSINESS DAYS OF CANCELLATION. YOU UNDERSTAND VERBAL CANCELLATION REQUESTS MADE TO ANOTHER VIRTUAL VISION REPRESENTATIVE OR MEMBER OF THE VIRTUAL VISION CORPORATE TEAM OR AN EMPLOYEE OF VIRTUAL VISION WILL NOT BE ACCEPTED.
- Commission and bonus payments:
- You understand that commissions and bonuses will be paid out only if the gross payout amount is greater than $10.00. You understand that if payouts do not exceed these levels, then payouts will be deferred until such time as they meet or exceed these payout levels.
- You understand that commissions and bonuses will be paid to you no earlier than forty (40) days after the end of each Payout Period (Payout Periods are set at one week intervals) via electronic funds transfer. You understand that such payouts are subject to your keeping a valid electronic fund transfer account and making such account available to Company. You understand that if you have not provided a valid electronic fund transfer account within six months of earning commissions and/or bonuses, any such accrued commissions and/or bonuses owed to you will automatically be forfeited to the Company. You understand that payouts are planned for every week, but the Company regarding the timing of payouts inside of forty (40) days makes no assurances or guarantees. You understand that if the Company incurs any delay in payment processing or EFT transfer errors due to Representative's bank account, the Company is not responsible for late or missed payments.
- You understand that commissions accrued, and even paid, are subject to reversal in the event of returns, error, duplicates, fraud, or cancellations within 40 days.
- You understand that you will be charged a payment-processing fee for each compensation payment made to you hereunder. You understand that this processing fee will be a $1.00 maximum fee for any payout amount. You understand that the Company reserves the right to change these processing fees in its sole discretion.
- Important!You always qualify to earn your direct pay commissions. You need to qualify monthly to earn your team pay (downline) commissions. To qualify monthly to earn your team pay ( downline ) commissions, you and your customers combined together must purchase enough products and services in the qualifying month for a Total Team Pay value of $0.01 or more. To make $0.01 or more of Team Pay, make one sale of a product or service that has a Team Pay value greater than $0.00. If you fail to generate the minimum Team Pay requirement for any given month, then you will lose your Downline commissions for that month. Again, to qualify to earn your Team Pay commissions for any given month you must meet the minimum Team Pay requirement for that month, otherwise you will lose your Team Pay commissions for that month. Once you have earned commissions for a given month you will always have those commissions. You will never lose earned commissions.
- You will not make false or misleading statements about Virtual Vision consumer products, the 30-day Money Back Guarantee, the Representative positions, or any Trainer positions. You understand that display of commission information and the making of income projections to prospective Representatives are prohibited.
- A Representative may not have an ownership interest in or receive income from more than one Representative position. CHANGE OF YOUR ORIGINAL SPONSOR IS NOT PERMITTED. Representative and subscriber lists and names are owned by the Company and may never be used for any commercial purpose without prior written consent of the Company. During the active Term(s) of this Agreement and for one hundred eighty (180) days thereafter, you shall not, directly or indirectly, solicit Representatives, Trainers or subscribers of Virtual Vision to other network marketing organizations, except as to those Representatives and subscribers personally sponsored by you.
- You understand that you shall not establish a Representative account on behalf of another individual. Further, you shall not provide false or invalid social security numbers or Federal Employer Identification Numbers on a Representative account. Forgery of another individual's name or establishing phantom subscriptions or positions subjects you to termination and other possible penalties including criminal prosecution.
- No individual may sign any Agreement or payment authorization on behalf of another individual, unless proof of Power of Attorney is provided.
- You understand that if this Agreement is cancelled or terminated for any reason, you cannot re-enter into a Representative Agreement with the Company for a minimum period of six (6) months from the termination or cancellation date without the prior written consent of Company.
- You understand the laws of Wisconsin govern this Agreement. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at Wausau, WI.
- You understand that you shall not be treated as an employee of Virtual Vision for federal or state tax purposes. Virtual Vision is not responsible for federal or state tax withholding, and shall not withhold or deduct from your commissions and/or bonuses, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. Under penalties of perjury, you certify that:
- You are submitting your correct Social Security Number or Employer Identification Number (both collectively referred to as "Taxpayer Identification Number" or "TIN"), and
- You are not subject to backup withholding because:
- you are exempt from backup withholding, or
- you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest and dividends, or
- the IRS has notified you that you are no longer subject to backup withholding, and
- You are a U.S. resident (including a U.S. resident alien).
- You agree, and hereby subscribe, to receive marketing communications and related correspondence via email at the email address provided to Virtual Vision. However, you shall have the ability to unsubscribe from such communications by changing your Representative preferences using the Personal Information Manager when you are logged into the Service at www.1hostingvision.com.
- You give permission for Virtual Vision to use your name in newsletters, announcements and other representative or marketing communications. You may withdraw your permission by giving written notice to Virtual Vision at its principal business address.
- You understand that you do not have the ability to unsubscribe from legal or account specific communications sent by Virtual Vision.
- You agree to share your e-mail address and name with your entire upline unless you provide notice via e-mail to the contrary to Virtual Vision.
- You understand that you can buy Virtual Vision products within your back office using your own Virtual Vision Representative referral code.
- You agree to protect, defend, indemnify and hold Virtual Vision, its agents, shareholders, employees, officers, directors, subsidiaries, affiliates, representatives, successors and assigns (individually, an "Indemnified Party", collectively, the "Indemnified Parties"), harmless from and against any and all third party claims, lawsuits, demands, actions, liabilities, losses, damages and expenses (including but not limited to the amount of any court costs and legal fees) (collectively, "Claims") arising out of or resulting from
- your breach of this Agreement,
- the use by you of the Company's products and/or materials in a manner not specifically permitted by this Agreement,
- Claims involving improper labeling or advertising of the Company's products and services by you, or
- Claims that trademarks and/or materials that you use in association with your position as a Representative, with the exception of any trademarks and materials supplied to you by the Company, infringe the rights of third parties.
- You agree that you will not divulge the business secrets of Virtual Vision to third persons, in whole or in part nor shall you utilize such business secrets for any business or commercial purpose, alone or in conjunction with others. The term "business secrets" as utilized in this agreement shall mean, but not by way of limitation, the names and addresses of Virtual Vision Resellers, Representatives, and customers, and all lists associated therewith; the present and planned products, services, and pricing thereof of the Company; the present and future organizational, compensation and sales programs of Virtual Vision; and financial information and data concerning Virtual Vision, its officers, directors, employees, and shareholders.
- All written notices to you referenced herein shall be sent by the Company via U.S. Registered or Certified Mail, postage prepaid, return-receipt requested, or delivered by courier company, prepaid, to the address provided by you at the time of your registration or as updated in your Personal Information Manager when you are logged into the Service.
- If any provision of this Agreement should be determined by a court of competent jurisdiction to be void or in any measure unenforceable, the parties intend that such determination shall amend or modify this Agreement by eliminating or modifying only those provisions affected by the determination.
- THIS AGREEMENT IS NOT BINDING AND EFFECTIVE UNTIL RECEIVED AND ACCEPTED BY Virtual Vision AT ITS HOME OFFICES, AT Wausau, WI.
- Representatives MAY RETURN IN RESALABLE CONDITION ANY SALES AIDS PURCHASED FROM THE COMPANY WITHIN 30-DAYS OF PURCHASE AND RECEIVE 90% REFUND. Representative SERVICES PURCHASED FROM THE COMPANY MAY BE CANCELLED AT ANY TIME UPON WRITTEN OR E-MAIL NOTICE TO THE COMPANY FOR REFUND PRORATED ACCORDING TO TIME OF USE. SALES AIDS RETURNS WILL BE REFUNDED ACCORDING TO ANY STATE LAW AT VARIANCE WITH THE ABOVE 30-DAY RETURN POLICY. (NEW MEXICO AND MONTANA RESIDENTS - 1 YEAR, GEORGIA - NO TIME LIMITATION; WYOMING - AS TO SALES AIDS AND SERVICES PURCHASES MADE WITHIN 1-YEAR OF TERMINATION OF REPRESENTATIVE POSITION) SHIPPING COSTS FOR RETURNED ITEMS SHALL BE BOURNE BY REPRESENTATIVE. PURCHASES DELIVERED ELECTRONICALLY ARE NOT SUBJECT TO REFUND ONCE DELIVERED TO OR ACCESSED BY DISTRIBUTOR AS SUCH PURCHASES ARE NOT CAPABLE OF BEING RETURNED TO THE COMPANY.
- PAYMENT TERMS: CREDIT CARD, DEBIT CARD, CHECK AND MONEY ORDERS ARE ACCEPTABLE FORMS OF PAYMENT WITH ORDER. NO CREDIT PURCHASES OR C.O.D.'S PERMITTED
BY PROCEEDING FORWARD FROM THIS POINT AND CLICKING THE "I AGREE" BUTTON DURING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE YOU HAVE REVIEWED, AND YOU AGREE TO ABIDE BY, THE TERMS OF THIS AGREEMENT, THE COMPENSATION PLAN, WHICH IS PUBLISHED ON THE Virtual Vision INTERNET WEB SITE AND IS INCORPORATED HEREIN BY REFERENCE AND THE DIRECT SALES ASSOCIATIONS (DSA) CODE OF ETHICS WHICH CAN BE FOUND AT WWW.DSA.ORG/ETHICS, JUST AS THOUGH YOU HAD SIGNED IT PERSONALLY AND YOU WAIVE ANY RIGHT TO ASSERT A CLAIM THAT YOUR SIGNATURE AND ACCEPTANCE OF THESE TERMS ARE UNENFORCEABLE BECAUSE YOU ENTERED INTO THIS AGREEMENT ELECTRONICALLY. BY PROCEEDING FORWARD FROM THE POINT, THIS AGREEMENT SHALL BE CONSIDERED BINDING AND IN EFFECT AND SHALL BE CONSIDERED TO HAVE BEEN RECEIVED AND ACCEPTED BY Virtual Vision IN WAUSAU, WI IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THIS WEB PAGE BY CLICKING THE "BACK" BUTTON DURING THE REGISTRATION PROCESS. YOU WILL THEN BE RETURNED TO THE Virtual Vision PRODUCT SELECTION PAGE.
This document is reviewed quartely and is current.
This document was last updated on August, 2016.