Independent Contractor Agreement
INDEPENDENT CONTRACTOR AGREEMENT
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This is an Independent Contractor Agreement (“Agreement”) between “Ameristar Marketing, Inc.”, (the “Company”) and the individual named above to (referred as "Contractor",“Independent Representative”, “Independent Contractor”, “IC” or “the Rep”).
The parties agree as follows:
DESCRIPTION OF SERVICES
Termination of Agreement. Company may discontinue the services of this Agreement upon written or verbal notice under the following conditions:
(a) Nonperformance by the Contractor/ Direct Seller.
(b) Contractor commits a material breach of the Agreement.
(c) The conviction of Contractor of any crime.
(d) Contractor files any false or forged document with the Company or Customers.
Contractor may discontinue the services of this Agreement upon written or verbal notice under the following conditions:
(a) Company commits a material breach of the Agreement.
(b) Company fails to pay any valid invoice within 30 days of receipt from customer.
This Agreement may also be terminated upon the mutual, written or verbal agreement of the parties at any time.
Customer Complaints. In the event the Contractor causes an error, customer and/or potential customer complaint, including but not limited to Fraudulent Solicitation, or a complaint by the Public Utility Commission, that results in any damages (“Damages”), including, but not limited to, fees, charges, penalties, fines, or costs incurred by the Company, customer and/ or potential customer, Contractor shall reimburse the Company and customer and/ or potential customer for such Damages upon presentation of an invoice or as a credit to be made against Contractor’s compensation for services described in the Contract. The prior sentence shall survive after the termination or expiration of the Agreement.
AMERISTAR MARKETING, INC., POLICY PROHIBITING SEXUAL HARASSMENT
Ameristar Marketing, Inc. (herein after referred to as Ameristar) is proud of its tradition of a collegial work environment in which all individuals are treated with respect and dignity, including clients, customers, employees, vendors, and independent contractors. Each individual has the right to work in a professional atmosphere which promotes equal employment opportunities and prohibits discriminatory practices, including sexual harassment. At Ameristar, sexual harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated.
The U.S. Equal Employment Opportunity Commission Guidelines on Discrimination Because of Sex (29 C.F.R. §1604.11(a)) defines conduct which constitutes prohibited sexual harassment. Section 1604.11(a) provides that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Examples of sexual harassment include, but are not limited to:
This policy covers all individuals in the workplace. Ameristar will not tolerate, condone, or allow sexual harassment, whether by fellow employees, supervisors, managers, customers or other nonemployees who conduct business with this Company. Ameristar encourages the reporting of all incidents of sexual harassment, regardless of who the offender may be, or the nature of the offender's relationship to the Company.
While Ameristar encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the Company also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such informal, direct communication between individuals is either ineffective or impossible, the following steps should be taken in reporting a sexual harassment complaint:
Individuals who believe they have been sexually harassed should report the incident to all the following individuals:
1) Frederick Costa III / President, C.E.O. of Ameristar / Call (424) 233-5996 and mail to firstname.lastname@example.org
2) Darwin Troupe / Outside Consultant for Ameristar / Call (310) 910-6645 and email to email@example.com
If the complaint is successfully resolved in an informal manner, to the complainant's satisfaction, Fred Costa shall file a confidential report about the complaint and its resolution, so that the company will be aware of any pattern of harassment by a particular individual, and also will be aware of all complaints of sexual harassment on a company-wide basis. If the complaint is not successfully resolved in an informal manner, a written report shall be made to Fred Costa.
An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of sexual harassment. Verbal reports of sexual harassment must be reduced to writing by either the complainant or Fred Costa and be signed by the complainant. Individuals who believe they have been or currently are being harassed should maintain a record of objectionable conduct in order to prepare effectively to make their written report and to substantiate their allegations. While Ameristar encourages individuals to keep written notes in order to accurately record offensive conduct or behavior, Ameristar hereby notifies all employees that in the event a lawsuit develops from the reported incident, the complainant's written notes may not be considered privileged or confidential information.
Ameristar encourages a prompt reporting of complaints so that a rapid response and appropriate action may be taken. A prompt report not only aids the complainant, but also helps to maintain an environment free from discrimination for all employees.
Any allegation of sexual harassment brought to the attention of the following individuals:
2) Darwin Troupe / Outside Consultant for Ameristar / Call (310) 910-6645 and email to firstname.lastname@example.org
, will be promptly investigated. Confidentiality will be maintained throughout the investigatory process, to the extent practical and appropriate under the circumstances.
The investigator will try to take the wishes of the complainant under consideration, but will thoroughly investigate the matter, keeping the complainant informed as to the status of the investigation.
In order to minimize the damage to Ameristar’s, the complainant, and the alleged harasser, Fred Costa will complete the investigation of a sexual harassment complaint, and communicate his or her findings and intended response to the complainant and alleged harasser, as expeditiously as possible. If Ameristar finds that harassment occurred, the harasser will be subject to appropriate disciplinary action, as listed below (see §VII). The complainant will be informed of the disciplinary action taken. If Ameristar determines that no sexual harassment has occurred, this finding will be communicated to the complainant and to the alleged harasser. If Ameristar cannot determine whether or not sexual harassment occurred, this finding will be communicated to the complainant and to the alleged harasser, and the matter will be recorded as unresolved. In any event, both the complainant and the alleged harasser will be informed again of the procedures set forth in this sexual harassment prevention policy.
Ameristar’s Sexual Harassment Policy as of 06/04/19 Page 2 of 3
Individuals found to have engaged in misconduct constituting sexual harassment will be subject to appropriate discipline, up to and including discharge and/or termination of services to Ameristar. In addressing incidents of sexual harassment, Ameristar’s response will include, at a minimum, reprimanding the offender and preparing a written record. Additional action may include: referral to counseling, withholding of a promotion, reassignment, and temporary suspension without pay, financial penalties, termination employment, or termination of services to Ameristar. This policy is designed to protect all employees and non employees providing services to Ameristar from harassment in any way associated with the workplace or work environment, regardless of the identity or status of the harasser. Although Ameristar’s ability to discipline a non-employee harasser (e.g., a customer or supplier or independent contractor) may be limited by the degree of control, if any, that it has over the alleged harasser, any employee or non-employee who has been subjected to sexual harassment should file a complaint and be assured that action will be taken. Such action may include closing business with a customer, reporting a supplier to his or her employer, reporting a public official to an appropriate agency, or any other appropriate action to protect the employees and non-employees of Ameristar.
Ameristar will not in any way retaliate against an individual who makes a complaint of sexual harassment or against any participant in the investigation, nor will it permit any supervisor/manager or employee or non-employee providing a service to Ameristar to do so. Retaliation is a serious violation of this sexual harassment policy and should be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to the same disciplinary action described above (see §VII). An individual who makes an intentional or reckless false complaint also will be subject to the same disciplinary action as described above (see §VII).
The industry that Ameristar operates in and the nature of Ameristar’s business requires Ameristar to use the services of independent contractors and other non-employee service providers. Although Ameristar has little control over the actual work environment in which independent contractors and other non-employee service providers render services to the company, independent contractors and non-employee may meet and work together as a result of their relationship with Ameristar. As such, Ameristar may require its independent contractors and non-employee service providers to sign its Policy Prohibiting Sexual Harassment. The act of an independent contractor or non-employee service provider signing this Policy does not change the relationship of the independent contractor or non-employee service provider signing to the status of an employee. An independent contractor or non-employee service provider signing this Policy acknowledges and agree that his or her act of signing this Policy does not constitute and employer and employee relationship between Ameristar and independent contractor or non-employee service provider.
Ameristar has developed this policy to ensure that all its employees and non-employee providing as service to Ameristar work in an environment free from sexual harassment. The Company will make every effort to ensure that all its personnel are familiar with the policy and know that any complaint received will be thoroughly investigated and appropriately resolved.
INDEPENDENT CONTRACTOR COMPLIANCE PROCESSING/ADMINISTRATION / EQUIPMENT WAIVER
I authorize “Ameristar Marketing, Inc.” to deduct $25.00 for Wireless, $75.00 for Energy contracts and $100.00 for Cable/Telecom contracts "from any payable commissions owed to me". This may be done in 3, payments depending on my request and amount applicable for contract.
I understand this one-time deduction is used solely to process, background checks, drug lab testing, DMV driving records, uniforms, jackets, apparel, and ID badges. For our client’s security a $100.00 fee may be accessed for each lost, stolen, or non- returned issued ID Badge. Should the Agent not turn in ID within10 days upon termination, $100.00 will be deducted from final commissions or reserve balance available.
If the office location or project campaign I am working involves an office administrator to complete or submit any required paperwork or data entry tasks related company being able to properly invoice client for my services provided, I agree to the following deduction out of each commission check owed to me.
Field/Retail Agent: $5.00-$10.00
General Manager: $15.00-$20.00
Regional Manager: $25.00
Some of Ameristar’s contracts will require contractors to use or collect equipment in the normal course of conducting business. If I am issued any of the following equipment/devices and the items are stolen or never returned the following amounts will be applied to any commissions or balance available in my reserve account. Using your own Android or Iphone device is acceptable.
Digital Converter: $500.00 (if not returned after issued by company or collected from customer)
Cellular Phone: $50.00 per/device (related to inventory associated with ETC wireless contracts)
Tablet: $90.00-100.00 per/device (related to inventory associated with EBB data contracts)
In order to maintain compliance with Ameristar clients, all items issued, except those specifically paid for by contractor must be returned to local office or Ameristar leader including but not limited to all branded materials and work orders.
REPRESENTATIVE CODE OF CONDUCT PLEDGE AND SALES STANDARDSI, the undersigned, fully understand the responsibility I am about to undertake as an independent contractor selling the services of AMERISTAR to the general public. While I am ultimately responsible for the results of my sales efforts, AMERISTAR has certain basic requirements that guide my professional behavior. I understand them to be as follows:
Conduct themselves with integrity and honesty.
Be polite and courteous with customers, other agents, AMERISTAR PARTNERS employees, and any other members of the public at large. On behalf of AMERISTAR
PARTNERS, Agents will always thank an AMERISTAR PARTNERS customer for their time and/or business.Immediately report any incident to their supervisor involving the police/law enforcement or any situation that could have potential brand/reputational risk to AMERISTAR PARTNERS. Immediately cease using any outdated AMERISTAR PARTNERS contract forms or other sales materials upon notification by AMERISTAR PARTNERS, and will immediately return all outdated unused forms or materials to AMERISTAR PARTNERS. Truthfully provide accurate and verifiable comparisons, as well as honest answers to all questions. Allot customer a sufficient amount of time to read though all documents provided. Clearly explain why they are requesting the customer’s bill and make sure the customer understands the reason for this request. Present all the facts needed to make an informed decision. Clearly explain that the price they are quoting only covers the Generation and, in some cases, Transmission. Customer will continue to pay the local utility for the distribution portion of their bill. Advise a customer of their cancellation rights by referring the customer to the applicable section of the contract. Only use sales material approved by AMERISTAR PARTNERS management. a. All approved sales material must be read and understood by Agent before use. b. Agents will follow any standard sales presentation scripts provided in writing by AMERISTAR PARTNERS Give the customer a copy of any documents that were signed, including, but not limited to, the sales contract. Submit completed paperwork to Service Provider’s office within 24 hours of a completed sale, or as soon thereafter as is reasonably possible. Successfully complete AMERISTAR PARTNERS’s agent training and certification process for general industry knowledge, legal and regulatory requirements including these Sales Standards, and any AMERISTAR PARTNERS products and services before marketing any such products or services. AMERISTAR PARTNERS requires all Agents to attend ongoing training sessions provided by either AMERISTAR PARTNERS or Service Provider. Be responsible for obtaining and maintaining knowledge of AMERISTAR PARTNERS’s products and services, and the general market conditions for those products and services as provided by AMERISTAR PARTNERS in writing, so that inquiries by customers or prospective customers can be responded to appropriately and completely. Be dressed professionally (business casual) while selling on behalf of AMERISTAR PARTNERS. 4. Agent will NOT: Harass customers in any way. Exert undue pressure on a customer, especially while customer is reading through provided documents. Make any false or misleading statements, or give any false answers, which are likely to mislead a customer with regard to any term in AMERISTAR PARTNERS’s offer. Use a customer’s cancellation rights as a sales tactic by urging a customer to sign now because they can cancel later, or in any other way. Make any false or malicious statements regarding AMERISTAR PARTNERS and its Affiliates or employees, or other Agents, or regarding any of AMERISTAR PARTNERS’s competitors or other industry participants. Copy, release, disclose, or use (other than appropriate use in the course of selling on behalf of AMERISTAR PARTNERS and in accordance with these Sales Standards) confidential or proprietary information, or trade secrets, of AMERISTAR PARTNERS and its Affiliates or information provided to Agents by AMERISTAR PARTNERS in respect of customers. Discriminate in the selection of individual or groups of prospective customers to solicit on the basis of race, color, religion, national origin, sex, age, sexual orientation, gender identity and expression, disability, marital status and any other bases under federal, state or local laws. Be permitted to wear any of the following types of clothing while selling on behalf of AMERISTAR PARTNERS a. Sandals, flip flops, or open-toed shoes b. Shorts c. Blue jeans d. Baseball caps or headbands, with the exception of AMERISTAR PARTNERS branded caps e. Excessively loose or baggy clothing f. Low fitting or tight-fitting clothing g. Visible tattoos h. Conspicuous piercings i. Unnatural hair color j. Any other non-approved clothing 5. The breach of any civil or criminal law by an Agent, whether committed against a member of the public at large, another Agent, or an AMERISTAR PARTNERS employee, will be grounds for immediate termination of Agent’s license. Forgery is a crime. Suspicion of forgery will result in suspension of an Agent’s license during investigation. Any Agent found to be guilty of forgery will have their license terminated immediately, any monies otherwise owing to the Agent will be withheld, and the Agent will be prosecuted to the full extent of the law. Harassment of an Agent by a customer, or anyone else, is also a crime, and should be reported promptly to AMERISTAR PARTNERS so that AMERISTAR PARTNERS can take all appropriate action to protect the rights of its Agents.
Substitute for Form W-9
Request for Taxpayer Identification Number
Pursuant to Internal Revenue Service Regulations, you must furnish your Taxpayer Identification Number (TIN) to Ameristar Marketing, Inc. If this number is not provided, you may be subject to a 31% withholding on each payment. To avoid this 31% withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, please use this form to provide the requested information.
PRIVACY ACT STATEMENT
Section 6109 of the Internal Revenue Code requires you to give your correct Taxpayer Identification Number (TIN) to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. The IRS will use the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation and to cities, states, and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply
Purpose of this form:
Ameristar Marketing, Inc. is processing a payment. To conform to IRS regulations for Form 1099, we must have a Federal Tax Identification Number or Social Security Number in our files for ALL VENDORS and INDIVIDUALS receiving payments from Ameristar Marketing, Inc. (Although the information may be similar to what is typically provided on an IRS W-9 Form, an IRS W-9 Form may not be submitted in lieu of this Ameristar Marketing, Inc. Substitute W-9 Form).
In order to comply, we ask that you provide the following information:
1.Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Taxpayer Type: Individual/sole proprietor or single member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Other (Please Specify)
If limited liability company is selected, Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.
Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Social security number (Mandatory-Use 0's in this field if using EIN)
Employer identification number
Part II Certification
Under penalties of perjury, I certify that:
AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS)
Ameristar Marketing, Inc.
I (we) hereby authorize Ameristar Marketing, Inc. hereinafter called COMPANY, to initiate credit and, if necessary, debit entries and adjustments for any credit entries in error to my (our): (select one) Checking Account Savings Account
Account Type PersonalBusiness
This authorization is to remain in full force and effect until COMPANY has received written notification from me (or either of us) of its termination in such time, and in such manner as to afford COMPANY and Financial Institution a reasonable opportunity to act on it.
Agree & Sign
I agree that I have read and understand, the entirety of this document including the following sections and accept its terms and conditions. I Agree
AMERISTAR MARKETING, INC., POLICY PROHIBITING SEXUAL HARASSMENT
REPRESENTATIVE CODE OF CONDUCT PLEDGE AND SALES STANDARDS
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Document Name: Independent Contractor Agreement
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