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Shared
Revenue Partner Commission Sales Agreement
Revision 11/1/2009 supersedes all
previous versions
This agent agreement is made between Midwest
Telecom Group, Inc with its offices located
at 9051 Watson Rd, Suite 320, St. Louis MO
63126 hereafter known as "MTG" and the
following individual or business, which will
be hereafter be known as “SRP” (Shared
Revenue Partner)
Proceeds
The
Proceeds are based on all sales generated by
SRP, and His/Her/its affiliated companies,
excluding any pre-contracted terms during
the contracted period. The rate of Proceeds
to be paid re-occurring per-month is;
Payout
Rates on Referred Sales – Based on 25% of
MSRP per user, rounded up to nearest half
dollar.
MSRP of
Subsidiary WorldNET is $15.95 for Standard
Service and $19.95 Per Premium Service.
Payout for WorldNet is $4 Per Unique
Customer
MSRP of
Subsidiary MissouriCOM is $15.95 for
Standard Service and $19.95 for Premium
Service.
Payout for MissouriCom is $4 Per Unique
Customer
MSRP of
Subsidiary Midwest Internet is $17.95 for
Premium Service - One plan is to be
offered.
Payout for Midwest Internet is $4.50 Per
Unique Customer, Raised to $5 after 50
Active Subs
As such,
SRP Program Proceeds consist of $4 per month
for standard and $5 for premium. If
SRP Partner is participating in a custom
agreement, special terms may apply.
Agents with profiles setup after 3/5/2009
are setup to offer Midwest Internet by
default.
Brand is determined based on SRP’s
geological location. SRP’s within MO
promote MissouriCom or Midwest Internet, SRP’s Outside MO
promote WorldNet or Midwest Internet. Partners in the
"Affiliate" program receive a one-time
commission payout per subscriber, equal to
or rounded up to the nearest 1 dollar of the
service sold.
All pricing
or special offers must be provided and approved by MTG.
Commission will be paid for as long as the
account stays current, active and under MTG’s portfolio. All proceeds are paid
monthly for the preceding month for all
invoiced current accounts. Commissions are 1
month behind to ensure customer retention
and ensure payments clear. If in the event
that either the End-User or contracted ISP
cancels an account or the ISP Contract,
proceeds for that account will cease.
Customers are managed by MTG and network
infrastructure managed by 21CG. MTG
agrees to manage customers billing,
provisioning and network traffic.
Termination
Should SRP
terminate this agreement, all proceeds will
cease. This Agreement will continue in
effect for one (1) year from the date hereof
(“Initial Term”). Upon expiration of the
Initial Term and each Renewal Term
thereafter, this Agreement will be
automatically renewed monthly, This is not
in any way an employment contract, and
should not be view as such. SRP may not move
customers from MTG or 21CG for any reason.
MTG will continue payouts as long as MTG is
the managing ISP. Should MTG receive intel that SRP is moving
referrals, MTG reserves to the right to
cease commissions, and/or provide retention
offers to retain customers. Should MTG
be acquired by a non-relating party, payouts
would cease, unless new entity decides to
continue and maintain program.
Company Benefits and taxes
This is an
agreement for independent contracting
services. MTG provides no benefits such as
unemployment insurance, worker's
compensation insurance or health insurance
to SRP. We do, however, issue IRS 1099-MISC
for all SRP’s net earnings from MTG. SRP
IS RESPONSIBLE FOR PAYMENT OF ALL FEDERAL,
STATE AND LOCAL INCOME TAXES ON PAYOUTS.
GOVERNING LAW
This
Agreement shall be governed by and construed
in accordance with the substantive laws of
the State of Missouri.
CONFIDENTIALITY
SRP
acknowledges that it that it may be exposed
to certain information concerning the Access
and proposed new versions of the Access that
is MTG’s confidential and proprietary
information and that is not generally known
to the public (“Confidential Information”).
SRP agrees that it will take appropriate
steps to protect such Confidential
Information from unauthorized disclosure,
that it will not disclose such information
to any third party, and that it will not use
any Confidential Information (other than as
authorized by this Agreement) without prior
written consent of MTG. SRP’s obligations
with respect to Confidential Information
shall continue for the shorter of five (5)
years from the date of termination of this
Agreement or until such information becomes
publicly known other than by breach of this
Agreement by SRP
NON-Compete
It is
understood that SRP may have other ICC
agreements with similar providers or
competitors of MTG and SRP may during the
term of this agreement re-sell competitors
services. SRP however may NOT move
customers to a competitor without prior
consent from MTG.
FORCE
MAJEURE
Neither
party shall be responsible for delays or
failure of performance resulting from acts
beyond the reasonable control of such
party. Such acts shall include, but not be
limited to, acts of God, strikes, walkouts,
riots, acts of war, epidemics, computer
viruses, system failures, failure of
upstream carriers to perform, governmental
regulations, power failures, earthquakes, or
other disasters.
ENTIRE AGREEMENT:
The parties
have read this Agreement and agree to be
bound by its terms, and further agree that
it constitutes the complete and entire
agreement of the parties and supersedes all
previous communications, oral and written,
between them relating to the SRP and to the
subject matter hereof. No representations
or statements of any kind made by either
party that are not expressly stated herein
shall be binding on such party.
By submitting to our
agent program, whether it be online or via
Paper Application, you agree to the above
terms. |
