I hereby submit my Application to become an Referral Agent aka RA of Text Cash Network Inc aka T.C.N. My application and this Agreement become effective on the date accepted by T.C.N.. T.C.N. may accept or refuse my Application at its own discretion. I certify that I am of legal age to enter into a contract in the state/province and country where I reside. I 100% fully understand that there is no purchase or investment needed nor implied to become a T.C.N. Referral Agent aka RA and earn Cash Reward Dollars. Furthermore I understand that there is absolutely no Cash Rewards or Monetary Payments earn for the act of recruiting another T.C.N. Referral Agent aka RA . All T.C.N. Cash Rewards and other Monetary Rewards are only paid for services or products sold or rendered.
I understand that I am contracting with T.C.N. ("T.C.N.") for the promotion of certain sales as described below. Hereinafter, T.C.N. may be referred to collectively as the "Company."
Unless otherwise defined herein, all capitalized terms shall have the same meaning assigned to such terms in the Policies and Procedures. The term "Agreement" shall mean the Referral Agent Application, the Referral Agent Cash Award Pay Plan, and the Policies and Procedures and any country or situation-specific addendum(s) thereto, and any other written agreement between me and the Company. I hereby agree to be bound by the Agreement.
3. Compliance with Laws.
I agree to comply with all applicalble laws relevant to conduct of my activities as an Referral Agent aka RA under this Agreement. In particular (but without limitation), I must not make any actual or potentially misleading or deceptive claims in relation to cash rewards, commissions and other rewards that might be derived from conducting activities as an Referral Agent aka RA of the Company, or in relation to T.C.N. Products and Services.
4. Referral Agent aka RA Rights.
I understand that as an Referral Agent aka RA of T.C.N., I have the right (but not the obligation) to:
5. Referral Agent aka RA is an Independent Contractor.
- refer others to T.C.N. and to promote T.C.N. Products and Services in accordance with the Agreement in such manner as the Company may from time to time allow in relation to its Referral Agent aka RAs generally and only on a referral basis and not through any other means except to the extent from time to time permitted by T.C.N.;
- recommend persons for acceptance as T.C.N. Referral Agent aka RAs (subject to acceptance by the Company);
- if qualified, earn bonuses and other rewards pursuant to the Cash Rewards Plan that will be awarded on the same basis as it allows to its Referral Agent aka RA Rights generally in respect of legitimate sales of T.C.N. Products and services, and not in respect of the mere introduction of new Referral Agents aka RAs to the Company.
T.C.N. will not treat me as an employee for federal or state tax purposes.
6. 100% Satisfaction 30 Day Guarantee Policy.
T.C.N.’s offers a 100% Satisfaction 30 Day Guarantee Policy on any sale of products including coupons or services and shall provide the customer or RA a full refund of all monies paid if the customer returns such products including coupons and or services are unused within thirty (30) days of the sales transaction.
7. Cash Awards and Compensation Payments.
I understand that I must not be in breach of the Agreement to be eligible to receive any Cash Awards or any Compensation pursuant to the TCN Compensation Plan. Note such plan is located on The T.C.N. Website and may be changed from time to time without notice. If such change is made it will be posted on the T.C.N. Website and a notification via e-mail will be sent to all T.C.N. Referral Agents for which such change affects. This is for both T.C.N. U.S. And non-U.S. Referral Agents aka RAs. In all cases all RAs are limited to a maximum withdrawal of $500 on any USA Business Day excluding 10 National Holidays, a maximum withdrawal of $10,000 in any calendar month and a maximum of $120,000 in any calendar year. If an RA earns in excess of such amounts it will carry over to the next calendar month or the next calendar year. NO EXCEPTIONS.
The Company may be required to amend the Agreement from time to time. The Company agrees to notify me of the amendments, which I may accept or reject. If I reject the amendments, I agree that the Company may choose not to renew the Agreement or just cancel such agreement.
9. If I elect ACH for any monthly payments or purchases
, the Company is hereby authorized and may debit my account for such, and I agree to maintain sufficient funds in my account to cover such payments. If my ACH payment fails, I will contact Support@TextCashNetwork.com. I shall indemnify and hold the Company harmless from any and all liability which may arise out of the Company’s initiating an authorized debit to my account. ACH payment processing by the bank may take up to 5 business days. I therefore acknowledge that the Company may process the order in the week it receives the funds, and not when the ACH is initiated.
10. Term and Termination.
The term of this Agreement is daily and may be terminated by either party for any reason in accordance with law. The Company may refuse to renew this agreement for any reason. If this agreement is not renewed, or if it is terminated for any reason, I understand that my right to sell T.C.N. Products/services and receive cash reward bonuses in respect of my activities as an Referral Agent aka RA will cease. The Company reserves the right to terminate this Agreement at any time if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and or services via direct selling channels, or at any time upon not less than 7 days notice and without further notice if the Referral Agent aka RA breaches this Agreement and fails to remedy the breach before the end of the notice period. I may cancel this Agreement at any time, and for any reason, upon written notice to T.C.N. at cancel@TextCashNetwork.com
I may choose to have Products or Services sent to me monthly on an automatically processed order (AutoShip). To change any detail pertaining to my AutoShip order, my phoned request or my written request (from my email account of record or via regular mail and signed by me) must be received by T.C.N. 72 hours in advance of the next processed payment. All orders are subject to the sales tax of my region, which will be added to the order total. Shipping & handling charges will also be added. The credit card or bank draft listed on the Distributorship will automatically be charged for this order. Orders in which payment method is declined may not be processed. Attempts may be made by T.C.N. to reprocess the order should my payment method decline; however, T.C.N. makes no assurances that these attempts will be made. If my credit card is due to expire, I acknowledge that my issuing bank may update my expiration date automatically, which will allow T.C.N. to process my order payment; however, I agree to be responsible for providing current payment. If an order cannot be processed due to payment difficulties, T.C.N. will not be held responsible for anything. I agree that T.C.N. reserves the right to change my AutoShip orders to subsequent payment methods added by me if my first payment method declines. The charge sequence will be in the order that I list my payment methods in the T.C.N. Virtual Office.
12. No Assignment.
I may not assign any rights or delegate my duties under the Agreement without the prior written consent of T.C.N.. Any attempt to transfer or assign the Agreement without the express written consent of T.C.N. renders the Agreement voidable at the option of T.C.N. and may result in termination of my business.
13. Release and Indemnification.
To the maximum extent permitted by law, T.C.N., its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be liable for, and I release T.C.N. and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release T.C.N. and its affiliates from all liability arising from or relating to: (a) my, or any other Distributor’s, breach of the Agreement; (b) the promotion or operation of a T.C.N. business by me or any other Referral Agent aka RA and any activities related to it, including, but not limited to, the presentation of Products/Services or the Cash Rewards Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc., and agree to indemnify T.C.N. and its affiliates for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by me or any other Referral Agent aka RAs to T.C.N.; (d) my, or any other Referral Agent aka RA's, failure to provide any information or data necessary for T.C.N. to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business. I further agree to indemnify T.C.N. for any liability, damages, fines, penalties or other awards arising from any unauthorized conduct that I undertake in operating my T.C.N. business.
14. License to Use Certain Intellectual Property.
The Company grants to me a non-exclusive, royalty free, revocable license to use the intellectual property in T.C.N.’s name, trade marks (whether registered or unregistered), and other intellectual property rights in any materials or documents pertaining to the subject matter of this Agreement for the purpose of promoting the products and sourcing potential customers. I agree that the Company may impose restrictions on my use of T.C.N.’s name, trade names and trademarks, logos and other intellectual property and advertising in order to protect the rights, reputation and image of T.C.N., provided that such restrictions are applied to all distributors generally. I also agree to not apply singly or in association with any other party for registration of any intellectual property owned by T.C.N. capable of registration but not registered and to give all reasonable assistance, at T.C.N.’s reasonable cost, to assist T.C.N. to register any such intellectual property.
15. Entire Agreement.
The Agreement, in its current form and as amended by the Company, constitutes the entire contract between the Company and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
Any variation or waiver by T.C.N. of any breach of the Agreement must be in writing and signed by an authorized officer of T.C.N. Waiver by T.C.N. of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
T.C.N. is not responsible for delays in the performance of its obligations under this Agreement when performance is made commercially impracticable due to circumstances beyond its reasonable control.
19. Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of Wyoming without regard to principles of conflicts of laws.
20. Dispute Resolution.
All disputes and claims relating to the Company, the Agreement, or any other claims or causes of action relating to the performance of me or another Referral Agent aka RA shall be settled totally and finally by arbitration as set forth in the Policies and Procedures. Nothing in the Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
21. Jurisdiction and Venue.
The parties consent to jurisdiction and venue before any federal or state court in the State of Wyoming, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. Louisiana residents: notwithstanding the foregoing, Louisiana residents may bring an action against T.C.N. with jurisdiction and venue as provided by Louisiana law.
22. Limitation of Action.
If a Distributor wishes to bring an action against T.C.N. for any act or omission relating to or arising from the Agreement, such action must be brought within 30 days from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against T.C.N. for such act or omission. Distributor waives all claims that any other statutes of limitations apply.
23. Montana Residents
along with any other residents world-wide may cancel his or her Referral Agent aka RA Agreement at anytime for any reason.