TERMS OF SERVICE FOR INDEPENDENT SALESPERSONS
Last Updated: 1/13/2025
Thank you for your interest in partnering with ITCPMO LLC (“we,” “us,” or “our”) as an Independent Salesperson (“you,” “your,” or “Independent Salesperson”). By applying for or participating in our Independent Salesperson Program (“Program”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). Please read this document carefully before participating in the Program.
1. Definitions
- “Company”: Refers to ITCPMO LLC, the operator of the Program.
- “Independent Salesperson”: Refers to any individual or entity participating in the Program to promote ITCPMO LLC’s products and services in exchange for a commission or other agreed-upon compensation.
- “Program”: Refers to the Independent Salesperson Program operated by ITCPMO LLC, including all services, tools, and technology provided to Independent Salespersons to facilitate their promotional activities.
- “Commissions”: Refers to the financial compensation paid to the Independent Salesperson for a Qualified Sale, as defined by the Company.
2. Enrollment and Eligibility
- Application Process
- You must submit a complete and accurate application through our designated Program platform or as otherwise instructed by the Company.
- The Company reserves the right to accept or reject any application at its sole discretion without providing any reason for the decision.
- Eligibility Requirements
- You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
- You must be legally authorized to work and/or operate as an Independent Salesperson in the United States, where the Company is headquartered.
- You must comply with all applicable laws and regulations, with particular emphasis on U.S. federal, state, and local laws.
- If applying on behalf of a business entity, you must have the legal authority to bind that entity to these Terms.
3. Independent Salesperson Responsibilities
- Promotional Methods
- You agree to market and promote ITCPMO LLC’s products and services in a lawful, ethical, and responsible manner.
- You are solely responsible for the content of your promotional materials and the means by which you distribute them (e.g., website, social media, email, advertising, etc.).
- You must not make any false or misleading statements, guarantees, or representations about the Company, its products, or services.
- Compliance with Laws and Regulations
- You agree to adhere to all applicable federal, state, and local laws, including but not limited to consumer protection, advertising, data privacy, intellectual property, and marketing regulations.
- Because the Company is headquartered in the United States, you must ensure that all of your marketing and promotional activities comply with U.S. laws and regulations, regardless of your location.
- You are solely responsible for ensuring compliance with all requirements relating to the use of promotional and marketing materials in your jurisdiction and under U.S. law.
- Prohibited Activities
- Spam: You may not engage in unsolicited bulk email, unsolicited commercial messages, or any other form of spam.
- Trademark Infringement: You may not use the Company’s trademarks, logos, or branding in any way that violates any intellectual property rights or applicable guidelines.
- Fraudulent or Illegal Conduct: Any form of fraudulent, abusive, or illegal activity, including cookie stuffing, false representation, or misleading advertising, is strictly prohibited.
- Violation of Third-Party Rights: You must not promote content that infringes upon any third party’s rights, including intellectual property, privacy, or publicity rights.
- Intellectual Property
- We grant you a limited, non-exclusive, non-transferable, revocable license to use our approved marketing materials solely for the purpose of participating in the Program, subject to these Terms.
- All rights not expressly granted in these Terms are reserved by the Company.
4. Commissions and Payment
- Commission Structure
- The commission rate or structure will be provided to you in the Program dashboard or through a separate written agreement.
- The Company reserves the right to change the commission structure at any time. Any such changes will be communicated to you in writing or through the Program platform.
- Qualified Sales
- You will earn a commission only on “Qualified Sales,” which are defined as transactions that meet all requirements set forth by the Company (e.g., valid purchase, completed payment, no refund request, no fraudulent activity).
- The Company’s determination of whether a sale is qualified is final and binding.
- Payment Terms
- Commissions are typically paid on a recurring schedule (e.g., monthly), subject to minimum payout thresholds or other conditions specified by the Company.
- Any taxes, fees, or other charges applicable to your commissions are your sole responsibility.
- Refunds and Chargebacks
- If a refund or chargeback occurs for a sale that was previously credited to your account, the Company reserves the right to deduct the corresponding commission from future payments or charge the Independent Salesperson directly if no future payments are due.
5. Relationship of the Parties
- Independent Contractor Status
- You acknowledge and agree that your relationship with the Company is that of an independent contractor.
- Nothing in these Terms shall be construed to create an employment, joint venture, partnership, or agency relationship.
- You have no authority to make or accept any offers or representations on the Company’s behalf.
6. Confidentiality
- During your participation in the Program, you may have access to confidential or proprietary information about the Company or its customers. You agree not to disclose or use such information for any purpose other than as required to perform your obligations under these Terms.
7. Termination and Suspension
- Termination by the Company
- We may terminate or suspend your participation in the Program at any time, with or without cause, and without prior notice.
- Upon termination, you must immediately cease using any of our marketing materials and remove all references to the Company from your channels.
- Termination by You
- You may terminate your participation in the Program at any time by providing written notice to the Company.
- Upon termination, you will no longer be entitled to earn commissions for any new sales.
- Effect of Termination
- All rights and licenses granted to you under these Terms shall immediately cease.
- Any outstanding commission payments due to you at the time of termination will be paid in accordance with the normal payout schedule, subject to the conditions stated in these Terms.
8. Disclaimer of Warranties
- To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not guarantee continuous, uninterrupted, or secure access to the Program, and no information or advice obtained by you from us shall create any warranty not expressly stated in these Terms.
9. Limitation of Liability
- To the maximum extent permitted by law, the Company, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, revenue, or data) arising out of or in connection with these Terms or the Program, even if we have been advised of the possibility of such damages.
- Our total liability to you for any claim arising out of or relating to these Terms shall not exceed the total commissions paid or payable to you under these Terms in the six (6) months preceding the event giving rise to the claim.
10. Indemnification
- You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your participation in the Program, including but not limited to any breach of these Terms, violation of applicable law (including U.S. law), or infringement of any third-party right.
11. Modifications to the Terms
- The Company reserves the right to modify these Terms at any time. Such modifications will become effective upon posting of the updated Terms on our website or upon notification to you via email or through the Program platform. Your continued participation in the Program following the posting or notification of changes shall constitute your acceptance of the modified Terms.
12. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the United States and the state where the Company is headquartered, without regard to its conflict of law provisions.
- Any dispute arising out of or in connection with these Terms shall be resolved through amicable negotiation. If such negotiation fails, the dispute may be submitted to binding arbitration or the appropriate courts in the Company’s jurisdiction, as determined by the Company’s policies and applicable law.
13. Severability
- If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
14. Entire Agreement
- These Terms and any other agreements or policies referenced herein constitute the entire agreement between you and the Company regarding the Program and supersede all prior or contemporaneous understandings, agreements, representations, or statements, whether oral or written.
15. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Program, please contact us at:
ITCPMO LLC
Email: [email protected]
Website: https://itcpmo.com
By applying to and participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service for Independent Salespersons. If you do not agree with any part of these Terms, you should not participate in the Program.