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YOU WERE REFERRED BY: ()
Terms And Conditions
Please read the Terms and Conditions, click the I Agree checkboxes, type in I ACCEPT below and then click Accept the Terms and Conditions below to Continue: Updated June 5, 2018
SECTION A,REFERRAL AGREEMENT
BY CLICKING "I AGREE" YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS IN THIS SECTION:
("Referrer" or "Agent") and 1099 Tax.Credits, a duly established and existing company under the laws of the State of Nevada (referred to as the "Company").
RECITALS
WHEREAS, Referrer seeks to participate in a referral program, hereinafter referred to as the "Program," which offers Referrer the opportunity to receive compensation for referring individuals and entities ("Clients") to whom the Company provides specific Services;
WHEREAS, the Company acknowledges its commitment to compensate Referrer in accordance with the terms outlined in this Agreement and the attached Secion A, which encompasses the Standard Terms and Conditions governing this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereby agree as follows:
1. Incorporation of Terms and Conditions
The Standard Terms and Conditions, annexed to this Agreement as Exhibit A ("Terms and Conditions"), are hereby incorporated by reference into this Agreement and shall form an integral component hereof.
Section A: Self Employed Tax Credit - The Families First Coronavirus Response Act (FFCRA)
1. Referral Fees
1.1 Compensation for Self Employed Tax Credit:
The Company agrees to compensate the Agent with a 5% commission of the total tax refund received by each direct client the Agent recruits. This compensation is payable the Friday following the week in which Covered Pros receives the tax refund.
2. Overrides
2.1 Self Employed Tax Credit:
Agent (a) is entitled to an override commission when they recruit Agent (b), creating a Level 1 downline. If Agent (b) recruits Agent (c), Agent (c) becomes part of Agent (a)'s Level 2 downline, continuing up to a maximum of 3 levels. Agent (a) earns a 1.5% override on the total tax refund generated by Agents (b), (c), and (d) in their respective levels.
Eligibility for Overrides:
a. To qualify, a team lead must schedule and conduct at least 2 appointments monthly, defined as submitting 2 clients to the Self Employed Tax Credit program.
b. Overrides are granted solely for the businesses of immediate downline agents who maintain active agent status.
3. Guidelines on Submitted Business
a. Active Agent Status
Requirements to maintain active agent status are effective from October 1, 2023.
b. Commencement of Compensation
Compensation begins upon the signing of this Agreement, applicable to business conducted from October 1, 2023, and continues until this Contract’s termination.
4. Non-Circumvent Clause
4.1 Business Engagement Restriction
For one year from this Agreement’s effective date, neither Party may directly or indirectly engage, solicit, contract, or establish business relationships with Covered Pros, introduced or identified by the other Party concerning The Kane Law Group LLC, without the other Party's express written consent.
4.2 Confidentiality Agreement
Both Parties commit to maintaining confidentiality on all matters related to The Kane Law Group LLC. No information concerning The Kane Law Group LLC shall be disclosed, disseminated, or utilized without the disclosing Party’s written authorization.
This Exhibit A forms an integral part of the main Agreement and is subject to the terms and conditions outlined therein.
Section B: Standard Terms and Conditions
These Standard Terms and Conditions (the "Terms") are hereby incorporated into and constitute an integral part of the Referral Agreement (the "Agreement") entered into between the Company and Referrer ("Referrer" or “Agent”). Any capitalized terms used in these Terms but not defined herein shall have the meanings ascribed to them in the Agreement.
1. Referral Process
1.1 Referrers may refer potential Clients to Covered Pros. Subject to the other provisions of the Agreement, Covered Pros shall pay a Referral Fee to Referrer if a potential Client referred to Covered Pros by Referrer becomes a client of either program. If Referrer refers a Potential Client to Covered Pros, Referrer shall not refer that potential Client to any other individual or entity for services unless all parties are notified.
2. Compensation
2.1 "Client Fee" means the gross amount received by TOG/company for providing the Services. The Company shall remit the applicable Referral Fee to Referrer within 30 days after the Company's receipt of each payment of a Client Fee for providing the Services identified in Section 2 of the Referral Agreement to a Referred Client.
3. Payment
3.1 There is a free version that the agent can use for free with limited marketing materials, and this means the agent can only receive commissions on their own direct sales and no overrides.
3.2 The paid version will be $47 per month and will open up all marketing materials and be eligible to qualify for overrides.
3.3 Once the agent signs up 3 direct paid members to Covered Pros, their $47 monthly fee will be waived.
4. Termination
4.1 The Agreement may be terminated by:
Mutual agreement by the parties in writing.
Either party upon at least 15 days' prior written notice to the other party.
Either party immediately upon written notice if it has previously provided written notice to the other party that the other party is in breach of the Agreement and has failed to cure the breach within three business days after receipt of the notice.
4.2 Subject to the other terms of the Agreement, Referrer will be entitled to Referral Fees concerning all Referred Clients who have entered into mutually executed, written agreements with Covered Pros for any of the Services identified in Section 2 of the Referral Agreement before the expiration or termination of the Agreement, even though the applicable Client Fee may not be received until after the termination of the Agreement.
5. Confidentiality
5.1 "Confidential Information" means (1) the terms of the Agreement; and (2) all trade secrets or confidential or proprietary information that is provided by either party on its behalf to Referrer concerning the Company, Clients, or the Services, regardless of the form in which it appears or whether it is marked as confidential.
6. Indemnity
6.1 The Company shall defend, indemnify, and hold harmless Referrer, Referrer's affiliates, and their respective employees, officers, directors, managers, owners, predecessors, successors, and assigns from and against all third-party (including governmental) claims, causes of action, costs, expenses, liabilities, losses, damages, injunctions, lawsuits, arbitrations, proceedings, actions, fines, penalties, judgments, demands, and fees (collectively, "Claims") arising out of or relating to the Company's negligence or willful misconduct concerning the performance of the Services.
6.2 Referrer shall defend, indemnify, and hold harmless the Company, the Company's affiliates, and their respective employees, officers, directors, managers, owners, predecessors, successors, and assigns from and against all Claims arising out of or relating to Referrer's breach or violation of the Agreement, including any of the provisions of Sections 1, 4, or 5.
6.3 The parties' defense and indemnity obligations under this Section will survive the termination of the Agreement. No party will be obligated to defend, indemnify, or hold harmless the other party or any other person to the extent a Claim arises from or relates to that party's or person's gross negligence or willful misconduct.
7. Assignment
7.1 No party may assign any of its rights or obligations under the Agreement without the other party's prior written consent, except that the Company may assign the Agreement without Referrer's consent in connection with a change of control, merger, consolidation, recapitalization, or sale of substantially all of the Company's assets. The Agreement will be binding upon and will inure to the benefit of the parties' successors and assigns.
8. Relationship of the Parties
8.1 The parties are independent contractors, and nothing contained in the Agreement will constitute, or be construed to create, a partnership, joint venture, employer-employee relationship, or similar arrangement between the parties.
9. Notices
9.1 All notices to be given under the Agreement must be in writing and will be deemed to have been duly given upon receipt if delivered personally, mailed by certified mail (return receipt requested), emailed (conditioned upon receipt being acknowledged), or delivered by a recognized commercial carrier to a party at its address set forth below or at any other address that it designates for itself by at least 10 days' prior written notice to the other party. Notices delivered by a party's attorney on behalf of a party will have the same force, validity, and effect as notices delivered by a party.
10. Governing Law
10.1 The Agreement is to be governed by and is to be construed in accordance with the laws of the State of California, without regard to any conflict of law principle that would cause the substantive law of another jurisdiction to apply.
11. Venue
11.1 The exclusive venue for the resolution of any dispute arising out of or relating to the Agreement is Roseville, California, and each party hereby submits to personal jurisdiction in that forum and waives any objection to that forum.
12. Arbitration
12.1 Any dispute, claim, or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity of the Agreement, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Roseville, California, Placer County before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause will not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13. Attorney's Fees
13.1 In any lawsuit, arbitration, action, or proceeding involving the parties arising out of or relating to the Agreement, the prevailing party will be entitled to recover its attorney's fees and costs from the non-prevailing party. The term "prevailing party" means a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense.
14. Entire Agreement
14.1 The Agreement contains the parties' entire agreement regarding the subjectmatter of the Agreement and supersedes all prior written or oral agreements and understandings between them regarding that subject matter.
15. Modifications
15.1 The waiver of any term, obligation, or provision relating to the Agreement must be expressly set forth in a writing executed by the party to be charged with the waiver, and no waiver will operate or be construed as a continuing or subsequent waiver unless expressly provided for in the writing. The Agreement may not be amended, modified, or changed, except by a writing executed by the parties.
16. Severability and Interpretation
16.1 Severability: Each provision of the Agreement shall be construed in a manner that renders it effective and valid under applicable law. If any provision of the Agreement is determined by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed ineffective only to the extent of such invalidity or unenforceability. The remainder of that provision, as well as all other provisions of the Agreement, shall remain in full force and effect. If necessary, the invalid or unenforceable provision shall be severed from the Agreement.
16.2 Interpretation: Both parties have either reviewed or had the opportunity to revise the Agreement. The rule of construction that ambiguities be resolved against the drafting party shall not apply in the interpretation of this Agreement. In the Agreement, the use of the masculine, feminine, or neuter gender, as well as the singular or plural number, shall encompass all others whenever the context indicates. The terms "include" or "including" in the Agreement are used for purposes of illustration and example, not for purposes of restriction or limitation. The headings in the Agreement are included for the convenience of reference only and are not intended to limit or define the content of any article, section, subsection, or paragraph of the Agreement.
17. Non-Circumvent clause
17.1 The Parties agree that for a duration of three (3) years from the effective date of this Agreement, neither Party shall, directly or indirectly, engage, solicit, contract, or enter into any business relationships with Covered Pros introduced, identified, or otherwise made known by the other Party in connection with Project Blue, without the express written consent of the introducing Party.
17.2 Furthermore, the Parties shall maintain confidentiality regarding all matters pertaining to Project Blue and shall not disclose, disseminate, or utilize any information concerning Project Blue without the written authorization of the disclosing Party.
17.3 Breach of this Section 17 shall entitle the non-breaching Party to seek all applicable legal and equitable remedies, including but not limited to, injunctive relief and damages.
18. Execution
The parties may execute this Agreement in any number of counterparts, each of which shall be considered an original, and all counterparts together shall constitute one and the same instrument. Signatures to this Agreement delivered by facsimile or electronic means, including in portable document format (.pdf), shall have the same force, validity, and effect as original signatures.
Type I ACCEPT if you agree with Section A, B,& C in totality.