ONE Network Exchange Affiliate Terms and Conditions
This Affiliate Agreement (the “Agreement”) is a legally binding agreement between you (the “Affiliate”) and Uniko Enterprises Inc. DBA UNIKO Biz Solutions, which operates as ONE Network Exchange (“ONE”, “we”, or “us”). By participating as an Affiliate, you agree to the following terms:
1. Relationship of the Parties
The Affiliate is hereby authorized to promote and market certain products and services of ONE as outlined in this Agreement. The Affiliate acknowledges and agrees that this Agreement establishes an independent contractor relationship. The Affiliate is not, and shall not be considered, an employee of ONE. As such, the Affiliate will not be entitled to any benefits provided to ONE employees, including but not limited to health insurance, worker’s compensation, or unemployment benefits. The Affiliate has no authority to bind ONE in any contract, agreement, or legal commitment.
The Affiliate is responsible for paying all applicable taxes, including income, social security, and any other taxes as required by law.
2. General Responsibilities
The Affiliate agrees to:
- Promote Products and Services: The Affiliate is responsible for marketing and/or selling ONE’s products and services as outlined in Exhibit A of this Agreement.
- Professional Conduct: The Affiliate shall always engage in professional conduct and adhere to ethical standards while representing ONE.
- Training and Knowledge: The Affiliate is encouraged to attend training sessions and meetings provided by ONE. The Affiliate must maintain sufficient knowledge of ONE’s products and services to promote them effectively. ONE reserves the right to terminate this Agreement if the Affiliate fails to meet the required standards.
- Compliance with Company Policies: The Affiliate must comply with all company policies, including but not limited to marketing guidelines, as outlined in this Agreement.
3. Conduct
The Affiliate agrees to conduct themselves in a professional and ethical manner when interacting with other Affiliates, customers, or third parties. The Affiliate acknowledges that they are representing ONE and will take all necessary steps to uphold the company’s image and reputation. Any conduct that may harm ONE’s reputation may result in immediate termination of this Agreement.
4. Services to be Performed
The Affiliate is authorized to market and sell Business Solutions Services, including but not limited to the services listed in Exhibit A. The specific services that the Affiliate may offer are subject to change at the discretion of ONE, and the Affiliate will be notified of any updates.
5. ONE Property and Confidentiality
The Affiliate may have access to proprietary materials of ONE, including but not limited to sales materials, training resources, processes, logos, marketing strategies, and company policies. These materials are the property of ONE and are provided to the Affiliate solely for use in fulfilling their obligations under this Agreement.
The Affiliate agrees to keep all proprietary information confidential and not disclose it to third parties, either during or after the term of this Agreement, without the express written consent of ONE. Upon termination of this Agreement, the Affiliate must return all company property and cease using any of ONE’s materials.
Leads generated by the Affiliate on behalf of ONE remain the exclusive property of ONE, and the Affiliate shall not attempt to claim these leads for their own business purposes.
6. Advertising
The Affiliate must obtain prior written approval from ONE before engaging in any advertising or promotional activities that utilize ONE’s name, logos, or branding. This includes print advertising, online marketing, and media buys.
7. Compensation
The Affiliate will be compensated based on the commission structure detailed in Exhibit B. Commissions are calculated as a percentage of gross revenues generated through Affiliate’s marketing efforts and received by ONE.
- The Affiliate must submit invoices to ONE within five (5) days of completing any sale, unless otherwise directed by ONE.
- ONE reserves the right to adjust commission rates as necessary. Any changes to the commission structure will be communicated to the Affiliate in writing.
- Commission scales are reviewed and reset on an annual basis.
8. Taxes
ONE will not withhold any taxes from the Affiliate’s compensation. The Affiliate agrees to handle all required tax contributions, including state, provincial, or federal taxes. The Affiliate will indemnify ONE from any liability or penalties resulting from the Affiliate’s failure to pay these taxes.
9. Term of the Agreement
This Agreement becomes effective immediately upon acceptance by the Affiliate and will remain in full force and effect until terminated in accordance with the cancellation provisions below.
10. Cancellation
This Agreement may be terminated by either party with thirty (30) days’ written notice. If the Affiliate terminates the Agreement, any pending services in process at the time of termination will still be due for commission payments in accordance with Exhibit B.
ONE reserves the right to terminate this Agreement for cause, including but not limited to:
- Breach of this Agreement or failure to meet performance standards;
- Non-payment of marketing fees;
- Acts of fraud, theft, or violation of state or federal laws.
Upon termination, the Affiliate must cease all promotional activities on behalf of ONE and stop using any company materials or representing themselves as an Affiliate of ONE.
11. Non-Compete Agreement
During the term of this Agreement, the Affiliate agrees not to market or sell services that directly compete with the services offered by ONE. This non-compete clause applies to any service offerings listed in Exhibit A.
12. Attorney Fees
In the event of any legal action arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees, in addition to any other relief awarded by the court.
13. Arbitration
Both parties agree to resolve any disputes related to this Agreement through binding arbitration. Arbitration will be conducted in accordance with the laws of the State of California, and any claim must be filed within one year from the date of discovery. Arbitration will be the exclusive remedy, and no party may pursue legal action in court.
14. Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
15. Force Majeure
ONE shall not be held liable for any delays or failures in performance resulting from causes beyond its reasonable control, such as natural disasters, labor disputes, or interruptions in communication services.
16. Licensing and Certification
The Affiliate agrees to maintain any necessary licenses or certifications required to perform the services outlined in this Agreement. Proof of licensing must be provided to ONE upon request, and the Affiliate must notify ONE of any changes to their licensing status.
17. Entire Agreement
This Agreement constitutes the entire understanding between the Affiliate and ONE. Any prior agreements or representations not included in this document are void. Both parties acknowledge that they have had the opportunity to seek independent legal counsel and that they are entering into this Agreement voluntarily.
Exhibit A: Services
- Marketing
- Insurance
- Residential Loan Consulting
- Commercial Loan Consulting & Packaging
- Income Tax Preparation
- Bookkeeping / Accounting
- Software Development
Exhibit B: Commission Structure