INDEPENDENT CONTRACTOR AGREEMENT: AFFILIATE PROGRAM
This Agreement is entered into as of today between Omega Technology (“the Company”) and AFFILIATE (“the Independent Contractor”)
This Omega Technology, AFFILIATE Agreement (“Agreement”) contains the terms and conditions that govern your participation in Omega Technology Affiliate Program (“Program”), which is operated by Omega Technology. Any person or entity that participates or attempts to participate in the Program (such person or entity, “you”, or an “Affiliate”) must accept this Agreement without change.
By registering for the Program, you have agreed to the terms and conditions of this Agreement, without change and have entered into a legal contract between you and Omega Technology
WHEREAS, OMEGA TECHNOLOGY desires to retain AFFILIATE as an independent contractor to solicit prospective Customers of behalf of OMEGA TECHNOLOGY, and AFFILIATE desires to render such assistance to OMEGA, TECHNOLOGY in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, OMEGA TECHNOLOGY and AFFILIATE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
1. Relationship of Parties. OMEGA TECHNOLOGY and AFFILIATE acknowledge and agree that AFFILIATE’s relationship with OMEGA TECHNOLOGY is solely that of an independent contractor (NOT an EMPLOYEE) and nothing herein contained shall be construed to constitute OMEGA TECHNOLOGY and AFFILIATE as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking. AFFILIATE shall have no power or authority, expressed or implied, to represent, act for, or otherwise create or assume any obligation on behalf of, or binding upon, OMEGA TECHNOLOGY other than as expressly set forth herein.
As an AFFILIATE, it is understood and agreed that AFFILIATE is not entitled to participate in any group medical plans, pension plans, stock, or similar benefits that OMEGA TECHNOLOGY provides to its employees.
2.Non-Exclusivity
AFFILIATE understands that this Agreement is non-exclusive, and that OMEGA TECHNOLOGY reserves the right to enter into similar agreements with other independent contractors as AFFILIATES of OMEGA TECHNOLOGY .
3. Duties of AFFILIATE. The duties and obligations of AFFILIATE include the following:
Use promotional methods that add value to OMEGA TECHNOLOGY and bring legitimate, loyal Customers, or other Affiliates. For example:
Tell clients, customers or friends about OMEGA TECHNOLOGY , and give them your affiliate referral link.
- Write a review or a blog post about OMEGA TECHNOLOGY and link to our site with your referral link.
- Reach out to a broad audience with your social network accounts. Tweet about us on Twitter with your affiliate referral link, post about us on Facebook with your affiliate link, or communicate to your Linkedin followers with your affiliate link. Spam-free promotion is a great way to get more referrals
- If you have a large following we may be interested in a joint webinar or conference call where you would invite your followers.
- Please respect the posting rules of any 3rd-party websites you use to promote OMEGA TECHNOLOGY
4. Illegal and unethical activities:
AFFILIATE agrees that any illegal activity or activity deemed offensive by Omega Technology is prohibited, and may be grounds for termination of this agreement. AFFILIATE further agrees that in the sole discretion of Omega Technology, any act by Affiliate that may cause reputational harm to Omega Technology may result in termination of this agreement. Such activities may include, but not limited to the following.
- Unethical or dishonest business practices
- Violation of any Laws, or conviction of any crime
- Disparagement of Omega Technology’s reputation in any form
- Inappropriate or Offensive Communications making offensive or pejorative comments relating to another person’s race, sexual orientation, religion or any form of discriminatory practice; referring to women in derogatory terms and making sexually explicit comments, making comments which harass or victimize others., or using language intended to shock or threaten
- Sexually explicit, obscene or pornographic postings or comments
- Cloning our site, copying our site, using our copyrighted site assets, and pretending that a site created by you is an official OMEGA TECHNOLOGY site is unethical and prohibited (this includes using services that automatically clone websites, or place them into iframes).
* If you are unsure or concerned that some activity you’re about to proceed with may be considered prohibited, please contact us to seek clarification.
5. No Withholding. It is further understood and agreed that Omega Technology shall not withhold from AFFILIATE ‘s compensation any amounts for Local , State Federal or income Taxes. In this regard, Affiliate acknowledges that it is Affiliate’s sole legal responsibility to pay all applicable taxes.
6. Termination of Agreement by Either Party. In addition to any other remedies provided herein, and subject to any other governing laws, either party may terminate this Agreement during its term immediately upon written notice to the other party, in the event of any of the following:
(a) Material Breach. The other party commits a material breach of any term or condition of this Agreement, and the breach is not cured within a specified and agreed time after receipt of notice thereof in writing from the non-breaching.
(b) Insolvency. The other party files a voluntary petition in bankruptcy or files a petition seeking or acquiescing in any relief for itself under any present or future federal, state, local, or other statute or law relating to bankruptcy, insolvency or other statute or law relating to bankruptcy, insolvency or other relief for debtors; or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of all or any part of its property; or admits in writing its inability to pay its debts generally as they become due.
(c) Dissolution. The other party is dissolved or otherwise ceases to engage in its normal business operations and is unable thereby to fulfill its obligations under this Agreement.
7. Arbitration. Any question, dispute, disagreement, or difference of any kind whatsoever which may arise between Omega Technology and Affiliate under, out of, or in connection with this Agreement, or the carrying out of the work hereunder, and whether before or after the termination abandonment or breach of this Agreement shall be tried to be settled amicably upon mutual consultation with good faith, and in failing so shall be submitted to a mutually agreed arbitrator.
The parties agree that judgment upon any arbitration award may be entered in any court having jurisdiction thereof.
8. SPAM, copyright violations, unsolicited faxes, etc. AFFILIATE understands and agrees that there are state and or local and or Federal laws governing the sending of unsolicited texts, automated calls and or recorded messages, emails and faxes; OMEGA TECHNOLOGY forbids sending unsolicited emails (SPAM) and or texts or recorded messages with OMEGA TECHNOLOGY name, or communication regarding any product or service offered by OMEGA TECHNOLOGY.
9. Indemnification. AFFILIATE shall indemnify, defend, and hold harmless OMEGA TECHNOLOGY, their agents, and affiliates against any and all claims, liabilities, losses, damages, costs or expenses (including, without limitation, fees and expenses of attorneys and consultants and court costs) either directly or indirectly related or attributable to the negligence or wrongful act of AFFILIATE, or any of its employees, agents or nominees, in performance hereunder.
Furthermore, AFFILIATE covenants in this Paragraph 9 shall survive any termination of this Agreement.
10. Other Work Activities. AFFILIATE is NOT required to work exclusively for Omega Technology. AFFILIATE may engage in any other activities for compensation, including without limitation services on behalf of entities other than Omega Technology.
11. Conflicts of Interest; AFFILIATE represents that he or she is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the AFFILIATE and any third party.
12. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and contracts between the parties with respect to the subject matter hereof. AFFILIATE further understands that the terms of this Agreement, including any Attachments, Schedules (including Appendix A”) and/or Addendums may change at any time as determined by OMEGA TECHNOLOGY. OMEGA TECHNOLOGY will make its best effort to give AFFILIATE adequate notice of such change, except where change is out of OMEGA TECHNOLOGY’s control. Any and all such changes shall be advised in writing and posted on the Website of Omega Technology.
APPENDIX – A
| Monthly Team Sales Target ($US) (3 levels deep) | Pay Rank-Rate | Commissions |
| 0 – 499 | Representative | 20% |
| 500 – 1,450 | Gold | 25% |
| 1,451- 2,000 | Emerald | 30% |
| Over 2,000 | Diamond | 35% |
Table:1 Group Sales Target & Pay Rank and qualifications.
- Personal monthly referral Sales Commission of 20% – 35% based on your Pay Rank up to a maximum of US$4,000 per month
- Create your own Sales Affiliate Team and substantially increase income based on the monthly earnings of your team down to three levels deep, up to a maximum of US$6,000 per month or US$ 2,000 each level.
- Annual Bonus of up to a maximum of US$10,000 each year based on a percentage of the yearly license renewal sales of both you and your Personally sponsored affiliates.
Affiliates Pay Rank rate is determined by his/her Personal Title Rank and the monthly Sales Target of his/her Team members down to 3 levels deep.
Summary of minimum Requirements for a Title Rank Go top >
| Title Rank | Commission | Minimum Personal Qualifying referral Sales | Number of Personally Sponsored Qualified Affiliates – Level-1 | Level-2 – Affiliates |
| Representative | 20% | 0 | – | – |
| Gold | 25% | 550 | 2 | – |
| Emerald | 30% | 1,050 | 4 | 4 |
| Diamond | 35% | 1,050 | 6 | 6 |
Minimum Payout and Database Maintenance Fee
The Minimum monthly Payout to Affiliates is $75, and Omega Technology charges each affiliate a fee of $5.00 each time a payout is made to support the Payroll processing, database maintenance and reports. This fee is paid exclusively from earnings, and at no time will an affiliate be asked to make any direct payments to Omega Technology. Affiliates may request detailed earnings reports for any period from omega Technology at no additional cost. see example report and screen shots below.
Download Compensation Plan Details ( PDF)
Omega Technology Agreement Revision History:
- Latest: Rev-1 Sep 2020
- ( Rev-0)- June 2020
Sample Output below:
