IHUB ERC PROGRAM
TERMS OF SERVICE & [AFFILIATE] PARTICIPATION AGREEMENT
1. Authorization and Contract
2. Description and Purpose of iHub ERC Program
Bottom Line Concepts, LLC (“Bottom Line”), a Florida limited liability company, is a cost savings consulting company focused on, among other things, assisting its clients in obtaining Employee Retention Credits pursuant to the Coronavirus Aid Relief and Economic Stimulus Act (the “CARES Act”). Bottom Line receives a contingent consulting fee (the “Consulting Fee”) from its clients who receive ERC refunds or tax credits from the U.S. Treasury. The U.S. Treasury takes approximately six (6) months to review a completed ERC refund or credit application and to make payment of approved ERC refunds or credits.
iHub Inc., a Delaware corporation, has entered into a Referral Partner Agreement, dated October 18, 2022 (the “Referral Agreement”), with Bottom Line. Under the terms of the Referral Agreement, iHub Inc. will receive a referral fee (the ‘Referral Fee”) from Bottom Line for each client referred to Bottom Line by iHub Inc. which client thereafter enters into a consulting agreement with Bottom Line and, as a result of Bottom Line’s efforts, receives an ERC refund or tax credit.
In addition to Bottom Line, iHub Inc. has entered into a similar Referral Agreement with another ERC consulting company and provider, Stimulus Geeks Inc. (“Stimulus Geeks”), to service small businesses that, due to the small number of W-2 employees, Bottom Line does not deem eligible for its ERC consulting services (Bottom Line and Stimulus Geeks, each an "ERC Provider” and collectively, the “ERC Providers”).
iHub Inc. has entered into a platform licensing agreement with iHub Global to utilize iHub Global’s extensive affiliate network to obtain potential client referrals of business entities which are likely to qualify for and obtain ERC refunds or credits. The platform licensing agreement also provides for iHub Global’s provision of certain software development, platform operation and marketing services to iHub Inc. in connection with the Referral Agreement.
The platform licensing agreement provides for the payment to iHub Global of certain licensing fees for the software development, ERC platform operation, preparation of training and marketing materials. Equally important, the platform licensing agreement provides for the distribution, on a monthly basis, by iHub Inc. directly or indirectly by iHub Inc.’s agent, iHub Global, to the Company’s Affiliates of a certain percentage of the referral fee earned by iHub Inc. and paid by Bottom Line or other ERC Provider to iHub Inc. from such referrals. The amounts payable to iHub Global’s Affiliates shall be set forth in, and shall be governed by, the Company’s ERC Affiliate Compensation Plan.
The purpose of the iHUB ERC Program is to provide individuals or entities who are Company Affiliates with the opportunity to earn referral fees by providing to iHub Inc. leads on potential qualifying businesses. iHub Inc. will provide these referrals to Bottom Line through Bottom Line’s online portal or to Stimulus Geeks through its online portal. Bottom Line or Stimulus Geeks, as applicable, will thereafter determine if the referred business is already a client and if the business qualifies under the CARES Act for an ERC refund/credit. If Bottom Line or Stimulus Geeks determines that the referred business qualifies, the applicable ERC Provider will seek to enter into a consulting agreement with the business. For those business leads from iHub Affiliates resulting in Referral Fees, iHub Inc. will provide compensation to the iHub Affiliate responsible for the successful referral pursuant to the terms of the iHub Compensation Plan.
3. Acknowledgement of Risk
Anyone participating in the iHub ERC Program as an Affiliate hereby acknowledges that there is no guarantee that any of the referrals or business leads will qualify for an ERC refund or tax credit. Similarly, there is no guarantee that any referred business will enter into a contingent consulting agreement with Bottom Line or the other ERC Provider or the business will actually receive an ERC refund or credit from the U.S. Treasury resulting in consulting fees to Bottom Line (or the other ERC Provider) and Referral Fees payable to iHub Inc. Accordingly, neither iHub Global nor iHub Inc. represent or provide any assurance or guarantee that a Company Affiliate participating in the iHub ERC Program will be successful and generate any referral fees or any other income or result.
Individuals and entities participating in this program operate at their own risk, understanding that there is a potential for positive results but also the potential that the participant will incur or suffer a net financial loss. Given the contingent nature of this opportunity and the many uncertainties and factors outside of the control of the ERC Provider, iHub Inc. and iHub Global, the opportunity presents significant risks that a participant will not receive significant or any referral fees from the participant’s efforts or participation in the ERC program. In addition, participants in the iHub ERC program should be aware that there is a significant period of time between making even a successful business referral and the actual receipt of earned referral fees by iHub Inc. from Bottom Line or Stimulus Geeks and the payment of an iHub Affiliate’s share of such referral fee. Therefore, any participants that desire or require regular and current compensation should not participate in the iHub ERC Program.
4. Strict Adherence to Process for Submission of Referred Businesses
iHub has established a process for all of iHub’s ERC affiliates to follow to refer potentially eligible business entities to one of iHub’s two ERC consulting companies and providers, Bottom Line Concepts, LLC and Stimulus Geeks Inc. (the “ERC Providers”) for participation in the ERC Program. This process includes completing iHub’s ERC business referral form which form is transmitted electronically to the applicable ERC Provider for scheduling a call between a representative of the ERC Provider and of the referred business with the goal of determining whether the business is potentially eligible for obtaining an ERC tax refund or credit and, if the ERC Provider determines that the referred business may be eligible, of arranging for the execution of a contingent consulting agreement. Adherence to this referral submission process allows iHub to track the progress of submitted business leads from the preliminary call between the business owner or senior executive officer and representative of the ERC Provider, through the execution of the contingent advisory agreement by the referred business, the collection and analysis of business’s documentation, the filing by the business with the IRS requesting an ERC tax refund or tax credit, and ultimately the IRS’s payment of the ERC tax refund or credit to the business, the ERC Provider’s remittance to iHub of iHub’s portion of the ERC tax refund or credit and finally iHub’s payment to the iHub affiliate who referred the business its commission.
5. Partial or Complete Loss of Commission for Failure to Comply with Business Referral Process
In the event that an iHub Affiliate fails to comply with the procedure for referring a business customer to iHub and its applicable ERC Provider, the Affiliate shall be charged up to 10% of its commission for such referred business to compensate iHub and its personnel for the time and effort necessary for iHub to claim the business referral and to determine the iHub affiliate responsible generating the successful lead. It should be emphasized that failure to follow the iHub ERC submission procedure could result in a significant risk of loss of the entire referral fee by iHub and of the affiliate’s commission. At the very least, such actions by the Affiliate will definitely result in substantial delays in the affiliate’s receipt of its commission. iHub, therefore, urges all affiliates participating in its ERC Program to strictly comply with the lead submission procedures.
6. Consent to Sharing Certain Information on iHub Affiliate with ERC Provider
The iHub ERC Affiliate hereby consents and authorizes iHub to share certain of the Affiliate’s confidential identifying information with the ERC Provider in connection with carrying out of iHub’s ERC Program. The ERC Providers and iHub will maintain the confidentiality of all such information.
7. Becoming an iHUB Affiliate
To become an iHUB Affiliate, an applicant must comply with the following requirements:
Be of the age of majority (not a minor) in his or her state of residence;
Submit a properly completed electronic Affiliate Agreement to the Company;
Have a valid tax-payer identification number (i.e., Social Security Number, Federal Tax ID Number (TIN), Federal Business Number, or proper identification number of the prospective Affiliate’s respective country);
Enter phone number or email address, which is not in use with any other iHUB accounts, to be verified.
There are no upfront financial requirements for an Affiliate to join iHUB such as enrollment fees or initiation fees. There are also no renewal fees in order for an Affiliate to remain an iHUB Affiliate
8. Actions of Household Members or Affiliated Parties
iHub Global considers individuals who share an address, payment method and contact information as members of the same household. This includes instances where addresses may be different, but payment methods and other details are shared.
If any person in an Affiliate’s immediate household engages in any activity which, if performed by the Affiliates would violate any provision of the Agreement, such activity will be deemed a violation by said Affiliates and the Company may take disciplinary action against Affiliates pursuant to these Policies and Procedures. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and the Company may take disciplinary action against said Business Entity. Similarly, if an Affiliates enrolls in iHub Global as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.
9. Search Engine Marketing (SEO) and Paid Online Advertising
Affiliates may use paid search engine marketing (such as Google AdWords) under the limited conditions. To avoid brand confusion and protect brand reputation, and in fairness to all, Affiliates are not permitted to purchase sponsored iHub Global related advertisements on other websites or social media.
Affiliates agree to cooperate fully with iHub Global in this area so that Search Engines list the iHub Global website as the top search result when a user makes a query containing the name “iHub Global”, “HNT”, “Helium” or any other company protected trademark(s) or iHub Global owned content.
Affiliates may not bid on or purchase (or encourage or solicit any third party to bid on or purchase) any iHub Global trademark or iHub Global owned content as a meta-tag, keyword, paid search term, sponsored advertisement, or sponsored link used to trigger search results. If Affiliates wish to use any such meta-tags or search-based advertising programs to advertise iHub Global Products or the opportunity, they may do so only using generic search terms.
The term of this Agreement is month to month and will be renewed automatically. The term will begin upon our acceptance of your application and will end when terminated by either the Company or you upon thirty (30) days’ notice.
11. Constructive Criticism and Violation Reporting
iHUB desires to provide its Affiliates with the best services possible. Accordingly, iHUB values constructive criticism and encourages the submission of written comments addressed to Company leadership at [email protected] However, negative and disparaging comments about the Company or other Affiliates calculated to dampen the enthusiasm of other iHUB Affiliates, Customers or Hosts or to disparage iHUB its Affiliates, either intentionally or unintentionally, represent a material breach of this Agreement and may be subject to sanctions, up to termination of this Agreement immediately notwithstanding the 30 days’ notice provision above, as deemed appropriate by the Company.
Company also values its brand, its business, and the success of its Affiliates. Any Affiliate who observes or may be aware of another conducting business in a manner that would constitute a violation of this Agreement or any other agreement that one may have with the Company is strongly encouraged to report such violations at: [email protected]
When possible, it is requested that violations being reported include:
(i) Specific facts to support the allegations;
(ii) Specific sections of which policies may have been violated;
(iv) Individuals or entities involved; and
(v) Any other information that the reporting individual deems applicable to the particular event and would be appropriate for the Company to know in order to perform a full investigation of the matter.
During the term of this Agreement, any Company Affiliate must not make business referrals or participate in any ERC refund or credit program which is competitive with the the iHub ERC Program.
You agree that during the period while you are a Company Affiliate, you will not encourage, solicit, or otherwise attempt to persuade any iHUB Affiliate or any potential eligible business to utilize any ERC consulting company other than Bottom Line or any other similar ERC consulting in which iHub Inc. or iHub Global have an outstanding referral agreement.
14. Modification of Terms
Because federal, state, and local laws, as well as the business environment, periodically change, iHUB reserves the right to amend this Agreement, the Compensation Plan, and any other agreement between Company and Affiliate in its sole and absolute discretion.
This section does not apply to the Arbitration clause. The Arbitration clause can only be modified by way of mutual consent of both parties.
Notification of amendments shall appear in Official iHUB Materials. Any such amendment, change, or modification shall be effective thirty (30) days following one of the following communication methods:
(i) Posting on the Official iHUB corporate website;
(ii) Electronic mail (e-mail); or
(iii) In writing through other iHUB communication.
It is the responsibility of each Affiliate to maintain current records of these modifications and to provide any prospective Affiliates or their linked Hosts with the latest versions. It is also the responsibility of each Affiliate to maintain updated personal records so that iHUB has the ability to notify Affiliate of any changes or to contact Affiliate for any other matters regarding their affiliation with Company.
In the event of a material breach of this Agreement, the Company reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any rewards, referrals or other remuneration derived through your sales/referrals; provided, however, that any referral fees earned by the Company Affiliate and thereafter paid to iHub Inc. by Bottom Line shall be paid in accordance with this Agreement and the iHub compensation plan.
Company reserves the right to terminate all Affiliate Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via Affiliate channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
An Affiliate may immediately terminate their Agreement by submitting a written notice, via email, to iHUB at: [email protected] The notice must include:
(i) The Affiliate’s intent to terminate this Agreement;(2) Date of termination requested;
(ii) Affiliate number;
(iii) A reason for terminating;
(v) Valid email to receive Company response.
The Company will respond to the Affiliate’s notice of voluntary termination via email to the email address provided in the termination notice within twenty-four (24) hours. No termination is effective until the Company responds, thus sending the notice is not, in itself, sufficient to complete termination. As a result, any Affiliate who wishes to terminate this Agreement should save the initial termination notice and forward it to Company if the Affiliate receives no response within the twenty-four (24) hour time-period. The termination will go into effect thirty (30) days following its acknowledgement by Company, unless Affiliate wishes to make the termination effective immediately and forfeit all commissions and other outstanding payouts Company may owe to Affiliate. Since iHub Global does not approve sponsorship changes, Affiliates who request to cancel their account must wait 6 months to re-enroll.
b. Involuntary Termination
iHUB reserves the right to terminate an Affiliate with cause for the following reasons:
(ii) Violation of any applicable law, regulation, ordinance or the like in relation to or in the participation of being an Affiliate; and
(iii) Conduct that Company determines to be detrimental to the Company opportunity or the success of other Affiliates and the continuation of Affiliates participation in the program is no longer necessary.
This is not an exhaustive list and Company may present further rationale, in its discretion, that termination is valid for a particular Affiliate. In such a case, the Dispute Resolution provision would be the appropriate mechanism for an Affiliate who so wishes to challenge such involuntary termination.
Termination will go into effect thirty (30) days from the day in which Company initiated termination.
16. Independent Contractor Status
An iHUB Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate’s success depends on his or her independent efforts and no particular result is guaranteed. No agreement between Company and its Affiliates creates an employer/employee relationship, agency, partnership, or joint venture between Company and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind Company to any obligation or to make any commitments by or on behalf of the Company.
As a self-employed independent contractor, you will be operating your own independent business seeking out companies that can be referred to iHub Inc. and Bottom Line which might qualify for, and be eligible to receive, ERC refunds or tax credits.
You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. In the event you earn over
$600 in a calendar year, you will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
17. Promoting the ERC Program
You agree to make no representations or claims about the CARES ACT, the iHub ERC Program or a business’s potential ERC refund or credit beyond those in the iHub ERC Program marketing materials and literature. This includes any form of puffery or the like as iHUB Global and iHub Inc. takes their reputation very seriously and will not permit any type of misrepresentations about iHub Global, iHub Inc., Bottom Line or participation in the ERC opportunity. The actions of one Affiliate can have a detrimental impact on the Company, other Affiliates, and the entire opportunity. It must be emphasized that the only involvement of a Company Affiliate is making referrals of businesses which may be eligible for ERC refunds or tax credits.
18. iHUB Compensation Plan
Affiliates must adhere to the terms of the iHUB Compensation Plan as set forth in Official iHUB Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in iHUB in any manner that varies from the program as set forth in Official Company Materials.
Affiliates will receive a 1099-MISC statement for tax purposes. The 1099 will reflect all income received from iHub Inc. or iHub Global, as applicable.
20. Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding earned referral fees, commissions, bonuses, or charges, the Affiliate must notify the Company (and the Company will notify iHub Inc., if appropriate) in writing within thirty (30) days of the date of the purported error or incident in question. iHub will not be responsible for any errors, omissions, or problems not reported to the Company within thirty (30) days.
18. Payment of Earned Referral Fees
Affiliates will receive earned referral fees or commissions under the ERC Program once per month, on or about the 15th day of each month, for those referral fees paid to iHub Inc. by Bottom Line in the preceding month. Payments will be made in the form of cash via ACH transfer to the Affiliate’s designated bank account. The minimum referral fee or commission payment will be [$500]. Anything below that will accumulate until it reaches $500 or more.
21. Use of Sales Aids
While promoting the ERC Program, Affiliates must use the sales aids and support materials produced by the Company, iHub Inc. or Bottom Line. If Company Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting an iHUB business. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of iHUB, its products, and the Helium network.
An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval from Company. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, Web pages, or blogs.
22. Intellectual Property
Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by iHub Global, iHub Inc. or Bottom Line must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of iHUB, each of its product names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Company. As such, these marks are of great value to Company and are supplied to Affiliates for their use only in an authorized manner.
Proprietary Information, Business Reports, Lists
By completing and signing the iHub Global Terms of Service, you acknowledge that Business Reports, lists of potential businesses and Affiliates names and contact information, and any other information which contains financial, scientific, technical or other information both written or otherwise circulated by iHub Global or iHub Inc. pertaining to the business and products or services of iHub Global or iHub Inc. (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to iHub Global or iHub Inc., as applicable.
23. Jurisdiction and Governing Law
The formation, construction, interpretation, and enforceability of your contract with iHUB as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Florida without regard to conflict of law provisions.
This Agreement can be executed online, by email, or by an electronic signature company, e.g. DocuSign, HelloSign, etc.
If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) Business Days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) Business Days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone or any other electronic means, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. At any time twenty (20) Business Days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to JAMS for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding thereto to JAMS. In such case, the parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.
Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final, binding arbitration before a single arbitrator or, for Disputes in excess of $2 million, a panel of three arbitrators, in Vero Beach, Florida, in accordance with the then- prevailing Comprehensive Arbitration Rules of JAMS, Inc. No party may commence Arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, as provided herein, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) Business Days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as an arbitrator in the case. The parties understand and agree that if the arbitrator or arbitral panel awards any relief that is inconsistent with the Limitation of Liability provision in this Section herein, such award exceeds the scope of the arbitrator’s or the arbitral panel’s authority, and any party may seek a review of the award in the exclusive jurisdiction and venue of the courts of the State of Florida residing in the City of Vero Beach.
c. Class Action Waiver
THE NEGOTIATION, MEDIATION OR ARBITRATION OF ANY DISPUTE SHALL BE LIMITED TO INDIVIDUAL RELIEF ONLY AND SHALL NOT INCLUDE CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. IN ANY ARBITRATION OF A DISPUTE, THE ARBITRATOR OR ARBITRAL PANEL SHALL ONLY HAVE THE POWER TO AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO AWARD ANY CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. THE PARTIES UNDERSTAND AND AGREE THAT EACH IS WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.
To the fullest extent allowed by law: 1) the costs of negotiation, mediation and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by Affiliate, on the one hand, and Company and any Related Parties involved on the other, except where applicable law requires that Company bear any costs unique to arbitration (which Company shall bear); and 2) the arbitrator or arbitral panel or, in the case of provisional or equitable relief or to challenge an award that exceeds arbitral authority as described in this Section, the court, shall award reasonable costs and attorneys’ fees to the person or entity that the arbitrator, arbitral panel, or court finds to be the prevailing party; provided, however, that if fees are sought under a statute or rule that sets a different standard for awarding fees or cots, then that statute or rule shall apply.
Nothing in this Agreement shall prevent Company from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Company’s 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.
d. Limitation of Liability
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL AN AFFILIATE OR COMPANY (INCLUDING ANY OF ITS RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE AFFILIATE AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE COMPANY SERVICES, THE PROGRAM, COMPANY MARKETING MATERIALS OR COMPANY BUSINESS SUPPLIES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE AFFILIATE OR COMPANY (OR ANY OF ITS RELATED PARTIES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT GIVE EFFECT TO LIMITED LIABILITY OR EXCULPATORY CLAUSES, THIS PROVISION IS NOT APPLICABLE. IN JURISDICTIONS THAT ALLOW FOR EXCULPATORY OR LIMITED LIABILITY CLAUSES IN A LIMITED MANNER, THIS PROVISION IS APPLICABLE TO THE FULLEST EXTENT ALLOWED BY THE LAW OF SUCH JURISDICTION.
AFFILIATE AGREES THAT IF AN ARBITRATOR WERE TO AWARD DAMAGES, THE AFFILIATE WOULD BE ENTITLED TO RECEIVE NO MORE THAN THE PRICES PAID FOR THE PRODUCTS OR SERVICES COMPANY HAD PROVIDED AFFILIATE AT THE TIME THE DISPUTE AROSE.
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Company products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Company and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.
27. Consent to Electronic Communications
Subscribers will receive important recurring messages from iHub Global regarding corporate announcements and new products.
To opt-in, Text JOIN to 18332236406. You will receive recurring messages. Msg&data rates may apply. To opt-out, Text STOP to 18332236406. An opt-out confirmation message will be sent back to you. To request support, Text HELP to 18332236406 or email us at [email protected] Text messages are sent from an autodialing system. Participation is not required for the purchase of goods or services. Subscribers will receive an SMS message if their device does not support MMS.
This program is supported by Alltel, AT&T, Boost, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile, MetroPCS, and U.S. Cellular. Products & services are compatible with AT&T handsets. T- Mobile is not liable for delayed or undelivered messages.
28. iHub Global Endorses the Following Code of Ethics:
Affiliates must show fairness, tolerance, and respect to all people Affiliated with iHub Global, regardless of race, gender, social class or religion;
Affiliates must contribute to and foster an atmosphere of positivity, teamwork, good morale and community spirit.
Affiliates shall strive to resolve business issues, including situations with Upline and Downline members through tact, sensitivity, and good will.
Affiliates must be honest, responsible, professional and conduct themselves with integrity.
Affiliates shall never disparage the Company, other Affiliations, Company employees, product suppliers or agents, products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.
iHub Global may take appropriate action against an Affiliates if it determines, in its sole discretion, that the Affiliates’ conduct is detrimental, disruptive, or injurious to the Company or other Affiliates.