Independent Marketing Affiliate Agreement
- Affiliate: This agreement is between you, an Independent Marketing Affiliate (IMA), and Simply Success Training, Inc. d/b/a Success Training Institute, a Texas corporation. This agreement authorizes you to sell Success Training Institute programs and products. For purposes of this agreement, an Independent Marketing Affiliate (IMA) is an individual, partnership or corporation whose completed application has been accepted by Success Training Institute. Only authorized IMAs may sell the Soft Skills Training programs or any other product offered by Success Training Institute. All IMAs residing in the U.S. or subject to U.S. income tax must have a valid federal tax ID or Social Security Number, and present such to Success Training Institute.
- Independent Contractor: The IMA acknowledges that he/she is an independent contractor, conducting business for IMA’s own account, and not as an agent or employee of Success Training Institute. The IMA shall be responsible for payment of all applicable Federal and State taxes including social security taxes, unemployment taxes, sales taxes and income taxes), and will abide by all applicable Federal, State and Local laws. IMA agrees and understands that he/she cannot bind Success Training Institute or any of their provider companies by any promise or agreement, to incur any debt, expense, or liability in its name or account, or waive any of the provisions of Success Training Institute programs or IMA Agreements.
- Minimum Age: IMA shall be at least 18 years of age or the age of consent for the state in which the applicant resides.
- Identification Number: Success Training Institute will issue an Identification Number immediately after receipt of this application and agreement. This identification number must appear on all applications submitted by IMA in order to get proper credit for the sale.
- Territorial Limits: The Success Training Institute recognizes no exclusive territories. Therefore, IMAs will not be limited from conducting business in any states, territories or areas that have been approved for sale by Success Training Institute. The list of approved states may change. It is the IMA’s responsibility to keep informed of the states where Success Training Institute programs are available.
- Enlisting: The IMA may enlist one or more IMAs in Success Training Institute programs. Occasionally, one or more IMAs may contact the same prospect, resulting in a dispute of the enlisting rights. Success Training Institute will not mediate such disputes and will recognize as upline leader the person whose name appears on the application. In the event that two or more applications are received, the one received first by The Success Training Institute will be recognized. IMA, spouse or dependent of IMA may not be both an IMA and principal/owner/director of another IMA.
- Family Policy: A husband and wife are considered one IMA. A husband and wife may not enlist each other nor have different upline leaders. Any child living with them that meets the minimum age requirement may only become an IMA if not a dependent of anyone else in The Success Training Institute. An IMA may not sell a Success Training Institute membership to him/herself or to an entity that he or she owns or controls. No IMA may pay for a membership of an individual member that is not an employee of the IMA’s company or an immediate family member (IRS dependent, parent or grandparent over the age of 60 living with the IMA).
- One Hierarchy: Under no circumstances may an individual, spouse, partnership or corporation participate in more than one hierarchy from Success Training Institute.
- Changing Upline Leaders: The changing of upline leaders is not allowed; this protects the integrity of the networking structure. If an IMA decides for one reason or another to change his/her current upline, the IMA’s only option shall be to resign his/her IMA status by submitting a signed resignation letter to Success Training Institute. The IMA must then wait 91 days after resigning before reapplying as a NEW IMA under a new sponsor. The IMA must submit a NEW IMA application, IMA Agreement and pay NEW Application Fees. The resigning IMA will forfeit his/her former hierarchy and members (see termination paragraph). If other former downline IMAs also want to change sponsors, they may follow the same procedures, BUT they MAY NOT reapply as NEW IMAs directly under their former Sponsoring IMA. The final authorization for changing upline sponsors will be at the discretion of Success Training Institute.
- Program Presentation: IMA will explain Success Training Institute programs to prospects honestly and in entirety, without embellishment, distortion or misrepresentation. Any additional offers, representations or agreements made by IMA in connection with Success Training Institute programs are prohibited and may result in termination of the IMA Agreement. IMA will make clear in any presentation to prospective IMAs the following items: (a) that no specific earnings or income levels are guaranteed by Success Training Institute or sponsor, (b) that an IMA enrollment fee is required for participation, along with the payment of an annual renewal fee, (c) that no IMA will earn money solely for sponsoring (d) that there are no exclusive territories. IMA will not present the product in conjunction with any other product unless selling it as a complementary product to a soft skills training and or emotional intelligence product. IMA will not require the purchase of any other product or infer the requirement to purchase any other product in order for the member to purchase Success Training Institute programs or enroll as an Affiliate with Success Training Institute. IMA will make clear in any presentation to prospective members the following items: (a) that Soft Skills Certifications are NOT degrees or equivalent to a college education (b) that Earning Soft Skills Certifications does not guarantee employment in any industry (c) individual results will vary based on numerous factors (d) any other disclosure that Success Training Institute may require or that is required by applicable law.
- No Income Representations: IMA creation of actual or potential income representations or claims regarding The Success Training Institute programs are strictly prohibited. Only company-provided income illustrations can be used. These illustrations by the company are for illustration only and are NOT guarantees of income. All IMA commission earnings are for sales of memberships, not recruitment.
- Monies Received by IMA: Any monies received by an IMA for payment of memberships or any other fees must be remitted to Success Training Institute within seven days. Any failure to pay said monies owed shall cause immediate termination of this agreement. IMA will remain liable to The Success Training Institute for all monies received.
- Insurance: IMAs are responsible for carrying appropriate insurance, including liability insurance for their business.
- Marketing Materials: Online marketing tools will include sample videos, commercials, landing pages and other collateral for the use of IMA in selling Success Training Institute programs. Additional materials may be purchased from Success Training Institute. In no event may brochures, videos, Power Point Presentations, CDs/DVDs or any other professionally produced literature by Success Training Institute be reproduced, copied or reformatted by IMA. Use of brochures, advertisements and materials other than those provided by The Success Training Institute requires the express written permission of Success Training Institute. All trade policies, training, marketing materials and testimonies of Success Training Institute are the exclusive property of Success Training Institute, and any use of these materials for purposes other than the promotion of Success Training Institute programs and services will be deemed as infringement, exploitation and plagiarism.
- Advertising and Promotion: The Success Training Institute encourages advertising and promotion as a viable method for IMAs to build their business. However, strict guidelines are necessary to maintain an accurate and legally compliant marketing effort. All ads marketing Success Training Institute programs (whether or not the Simply Success/ Success Training Institute or other program names are used) must be submitted in writing to The Success Training Institute for an approval number prior to use in any form. Advertising Approval Numbers are required for all advertising copy meeting this criterion for any media, including newspaper ads, Internet sites, audio or videotapes, recorded messages, posters, flyers, promotional items, etc. and must be included in such advertisement. It is each IMA’s responsibility to obtain his or her own ad approval number from The Success Training Institute for every ad run. No IMA should accept ad copy from anyone and assume it has been approved. Fax blasting and unsolicited emails (spam) are strictly prohibited.
- Media Contacts: To maintain accuracy and a consistent company image, it is required that all media inquiries, including radio, television and print publication be referred directly to the VP of Communications of Success Training Institute (firstname.lastname@example.org). All other media contacts (talk shows, live interviews, etc.) through radio, television, Internet or other media must be approved by Success Training Institute in advance.
- Commission Qualifier: IMA must be in good standing and must complete any required training in order to be eligible for commission payments. Proof of training, in the form of a completed Training Voucher and or Certificate must be submitted for documentation.
- Override Qualifier: IMA must meet all commission qualifications in order to qualify for override payments. IMAs qualify for all levels of overrides by maintaining a membership with a cost of at least $99.95 per month. For any IMA who has overrides and has not cancelled his/her membership but has membership status in default because the monthly bank draft or credit card payment was denied by the bank for any reason, we will attempt to deduct the membership fee from his/her commissions so that the IMA can maintain qualifications for overrides.
- Administrative Fees and Minimum Checks: A $5.00 administration fee will only be charged to the commission deposit which occurs on the 15th of the month. Commission deposits due on the 15th will only be issued when commissions earned, less the administration fee and any amounts due the company, equate to $15.00 or more. Any unpaid commissions will roll-over to the next eligible pay date. For any commission payout not occurring on the 15th of the month, no administrative fee will be applied. Once an IMA’s commissions total $100.00 or greater for that commission payout, the IMA will be paid on the corresponding pay date.
- Renewal Fees: IMA agreements must be renewed annually. Timely payment of the annual renewal fee then constitutes an account in “good standing”. The annual renewal fee will be deducted from the IMA’s commissions in the anniversary month of the original date of signing as an IMA with Success Training Institute. If the IMA does not have adequate commissions to cover the renewal fee, IMA is solely responsible for direct payment of the renewal fees. An IMA has 30 days from his/her due date to pay his/her renewal fee. Failure to pay the renewal fee will be construed as an IMA resignation and forfeiture of the entire personal and downline hierarchy, as well as commission on any personal memberships written. An IMA that is terminated for non-renewal can be reinstated within 60 days of his/her termination date by paying the then current New IMA Fee in effect. If such a reinstatement occurs, IMA will remain in his/her former hierarchy and retain his/her former hierarchy, personal members and IMA number.
- Compensation Levels: The commission structure for the Soft Skills Training Memberships is set forth below. Commissions and overrides on private label deals, deals on contracts with pricing different from the Success Training Institute published pricing, on other products and on special promotions or offers may vary and will be set at the discretion of Success Training Institute. IMAs have the opportunity to earn money through direct sales of the Soft Skills Certification and Membership programs sponsored by Success Training Institute, as well as through an override on sales by IMAs recruited by the Affiliate. Commissions and overrides are paid on Commissionable Value (CV) of the Soft Skills Training Memberships as follows:
Level 1: 5%
Level 1: 5%
Level 2: 5%
Level 3: 5%
Level 1: 5%
Level 2: 5%
Level 3: 5%
Level 4: 5%
Level 5: 3%
Level 6: 3%
Level 7: 2%
Corporate Referral Commissions (Platinum Members Only)
Level 1: 5%
Level 1: 5%
Level 2: 5%
Level 3: 5%
Level 4: 2.5%
Level 5: 2.5%
No commissions will be paid on the application fees, renewal fees or on the purchase of marketing kits or supplies. Upon notice, The Success Training Institute can amend any compensation structure. (Override Qualifications apply).
IMA may cancel this agreement at any time by giving the company written notice.
- Bonus Pools: Success Training Institute provides 3 (three) revenue sharing pools from the sale of Soft Skills Training Memberships and affiliated products sold through IMAs: –The Regional Director Pool: 1% of the new Soft Skills Training Membership revenue for the quarter. Qualified Regional Directors each collect 1 share of this pool. –The Senior Director pool: 2% of the new Soft Skills Training Membership revenue for the quarter. Qualified Senior Directors each collect 1 share of this pool. –The Founding Director and Executive Founding Director pool: 3% of the new Soft Skills Training Membership revenue for the quarter. Qualified Founding Directors each collect 1 share of this pool. Qualified Executive Founding Directors each collect 2 shares of this pool. (Qualifications for the Regional Director and other levels are detailed in the IMA training and on the website. An IMA may participate in the highest bonus pool level for which he qualifies, collecting only from one bonus pool. The revenue used to calculate these pool totals is generated for the quarter from new business sales made by IMAs on or after 7/1/20 in the Soft Skills Training affiliate marketing program.) Bonus pool monies are shared equally among all eligible participants. In order to achieve and maintain bonus pool participation eligibility, an IMA must attain and maintain sales requirements for Regional Director title level or above. In addition, he/she must attain and maintain in good standing, a personal membership equal to or greater than the required level during the entire quarter in which the IMA otherwise qualifies or since becoming an IMA, whichever is shorter. Any IMA meeting these requirements will qualify to participate in scheduled bonus pool payouts. There is no grace period for meeting these qualifications. Bonus pool qualifying sales do not include referral fees. The Bonus Pool Payout Schedule is as follows: Payouts will be processed for payment on the 15th of the following month after the close of each quarter, beginning with the third quarter of 2020. Funds will be included with the IMA’s traditional commission payout method.
- Pay Period: Any membership fees and the related program and application fees must be received by Success Training Institute no later than the last day of the pay period for the IMA to be eligible for commissions in that pay period. Commissions will be direct deposited on the 15th of the month for the previous period’s business. If the scheduled pay date should fall on a weekend or other day when the Success Training Institute offices are closed, the bank transfer will be sent for posting on the following business day. Any commissions paid on monies that are subsequently refunded will be deducted from future commission payments. IMA understands that any excess commissions or bonuses paid shall be due to Success Training Institute from future commissions or payable to Success Training Institute immediately at Success Training Institute’s discretion. Monthly Pay Period begins 12:00am of Month Day 1 and ends 11:59pm of the last calendar day of the Month.
- Amendments: IMA understands and agrees that Success Training Institute reserves the absolute right to change, discontinue or withdraw any membership program in whole or in part, including the networks participating in the program. In order to maintain a viable marketing company, Success Training Institute specifically reserves the right to make any amendments or adjustments it deems necessary with respect to the Rules and Regulations, Policies and Procedures, Compensation Plan, and Pricing Schedules. Any such changes are incorporated as part of the Agreement between Success Training Institute and IMA effective upon written notification or publication, which includes the IMA newsletter or posting to the Website.
- Transfer of Marketing Network: An independent affiliate marketing business associated with Success Training Institute may be transferred by will, sale or assignment under the following conditions: (i) total monthly commissions equal or exceed $2500, (ii) the acceptance by the transferee of its obligation to continued payment of the renewal fees, (iii) the acceptance by the transferee of the commission qualification rules as set forth in the Commission Qualifier and Override Qualifier sections, (iv) demonstration by you and the transferee that the transferee is willing and capable of operating the affiliate marketing business, (v) demonstration by you and the transferee that the transfer is not intended to circumvent other requirements of this Agreement, (vi) demonstration by you and the transferee that fair value has been given for the business and (vii) approval by Success Training Institute that the transfer does not violate this or any other Agreement with The Success Training Institute. Requests for transfer should be made to Success Training Institute in writing at least thirty days prior to the proposed transfer date and no proposed transfer is valid unless it has been expressly approved by Success Training Institute in writing. You shall not solicit other IMAs with the intent of purchasing their business. You may be asked to provide documentation as may be reasonably requested by Success Training Institute, and you will be required to certify your continued compliance with the terms this Agreement, including the non-competition provisions, prior to approval. Transfers to immediate family members will not be subject to items (i) and (vi) above. If you want to change the form of your business (proprietorship, corporation, LLC, etc.), you will have to provide certain documentation to Success Training Institute evidencing the reorganization and your compliance with the applicable conditions of this section and this Agreement.
- Moral Turpitude: Success Training Institute shall have the right to terminate this IMA Agreement at any time for the IMA’s fraudulent or willful misrepresentation, theft, fraud, misappropriation, moral turpitude, or other act of misconduct against Success Training Institute or any of its members, vendors, customers or affiliates.
- Termination: In the event a breach of the IMA Agreement or violation of Success Training Institute Policies and Procedures occurs and is verified by the Company, Success Training Institute may elect to terminate the offending Affiliate. Success Training Institute may, in its sole discretion, take other disciplinary actions for violations of this Agreement, including fining or suspending the offending IMA. The Company will buy back from a terminating IMA currently resalable sales aids purchased from the company within thirty days (or longer where required by state law) at 90% of the net purchase price, less legal set-offs. State laws requiring the refund of administrative fees will be honored. No terminated IMA may reapply for IMA status for six months, and then only with company permission. Former downlines will not be reassigned. No failure or delay by Success Training Institute in exercising any right to terminate or take other action shall operate as a waiver of any future rights to terminate or take action. IMA may cancel this agreement at any time by giving the company written notice.
- Arbitration: If a legal disagreement arises between Success Training Institute and any Affiliate, both parties agree to resolve it by binding arbitration in accordance with the existing rules of the American Arbitration Association. Any arbitration proceedings will be held at the location of the Success Training Institute corporate offices.
- Affiliate Agreement: This agreement constitutes the entire agreement between the Affiliate and Success Training Institute, and no other promises, offers, representations, agreements or understandings of any kind shall be by binding upon Success Training Institute, unless made in writing and signed by an authorized officer of Success Training Institute.
- Governing Law: The laws of the State of Texas shall govern this agreement without respect to Texas’ choice of law rules. IMA consents to the exclusive jurisdiction of the state and federal courts located in Texas for any dispute arising out of this Agreement.Administrative Fees and Minimum Checks: A $5.00 administration fee will only be charged to the commission deposit which occurs on the 15th of the month. Commission deposits due on the 15th will only be issued when commissions earned, less the administration fee and any amounts due the company, equate to $15.00 or more. Any unpaid commissions will roll-over to the next eligible pay date. For any commission payout not occurring on the 15th of the month, no administrative fee will be applied. Once an IMA’s commissions total $100.00 or greater for that commission payout, the IMA will be paid on the corresponding pay date.
- Cross-Enlisting: Except with respect to IMAs directly sponsored by him or her, an IMA may not enlist, or attempt to enlist, another IMA from Success Training Institute into any other affiliate marketing, network marketing or direct sales company unaffiliated with Success Training Institute. This paragraph shall survive the termination of the Agreement.
- Agreement Not to Compete: For the duration of this agreement, and for a period of twelve (12) months thereafter, IMA shall not directly or indirectly contract with or solicit any contracted networks by Success Training Institute or its network providers in any manner whatsoever to perform services for IMA or for any other related sole proprietorship, partnership, corporation or other entity. In addition, for the duration of this agreement, and for a period of twelve (12) months thereafter, IMA shall not directly or indirectly within a 100 mile radius of IMA’s last physical residence or place of business where IMA conducts business related to Success Training Institute become a partner or investor in, or otherwise own, establish or operate an entity or product substantially similar to those offered by Success Training Institute, whether in whole or in part, or a network similar to the training networks under contract with Success Training Institute or its affiliates. Nor shall the IMA divert or attempt to divert any business, customer or other IMA to any competition of Success Training Institute or perform any act prejudicial to the goodwill associated with Success Training Institute during the 12-month period after the termination of this agreement.