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Terms And Conditions
Terms And Conditions
This BROKER Contract (“Contract”) is made and entered into this day between you (hereinafter referred to as “BROKER”) and FRAUD STOPPERS, PMA, A Private Association (hereinafter also referred to as "Association"). BROKER agrees to be engaged and enter contract as a BROKER, a/k/a "Broker" for FRAUD STOPPERS, PMA under the following terms and conditions: 1. The relationship that this Contract establishes between BROKER and Association is that of BROKERs, and not that of employer and employee, partners, representatives, principal and agent, joint ventures, co-owners, franchisor-franchisee, or otherwise participants in a joint or common undertaking; and nothing in this Contract shall permit either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. All financial obligations associated with each party’s business are the sole responsibility of such party. As a BROKER, BROKER shall, if he/she does so in accordance with the terms and conditions of this Contract: (1) Control the manner and means of performing services under this Contract; (2) engage in any other business activities as desired; (3) hire his/her own employees or subcontractors as he/she may deem necessary; and (4) take any action otherwise consistent with the independent operation of a business enterprise. Moreover, BROKER shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements, or distributions by Association pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to Association’s employees. Association will not make contributions or withhold on behalf of BROKER any amounts for federal, state, or local taxes. BROKER acknowledges full responsibility for the payment of employment taxes and workers’ compensation. BROKER is herein declared to be a BROKER and not an employee of Association, thereby not entitled to Worker's Compensation. BROKER assumes the risk of potential profit or incurring a loss if his/her share of earned commissions does not cover BROKER’s expenses. 2. BROKER shall indemnify, defend, and hold Association, its Trustees, employees, staff and agents harmless from and against any and all liabilities, claims, losses, lawsuits, judgments and/or expenses, including attorney’s fees through appellate levels, arising either directly or indirectly from any and all negligent acts or omissions or out of the performance of this Contract by BROKER or its employees or agents. 3. BROKER agrees to bear all expenses incurred in BROKER’s sales endeavors. 4. BROKER agrees to make no representations, warranties or commitments binding the Association without the Association's prior written consent. Said written consent shall be for each instance and not as blanket consent. BROKER will execute no contract on behalf of the Association, nor shall BROKER hold himself/herself out as having such authority. In addition, BROKER warrants and represents to the Association that BROKER is free to enter this Contract and that this Contract does not violate any contract heretofore made by you. 5. The Association has the sole right to establish, alter or amend product specifications, prices, delivery schedules and discounts, forms, and the Association will try to give BROKER timely notice of all changes. 6. If BROKER has a website, splash page, blog, or redirect button on any other website, BROKER may not use Association’s logo, graphics, banner ads, photos, promotional, and marketing material without the written authorization of the Association. 7. BROKER and the Association shall keep an accurate set of records regarding commissions paid/due. Commission statements will be provided in the months that a BROKER is active. Commission statements presented to BROKER shall be deemed correct unless objections in writing are received by the Association within thirty (30) days from the issuance of same sent certified mail, return receipt requested. ARTICLES OF ASSOCIATION for FRAUD STOPPERS, PMA Declaration of Purpose WHEREAS, this Association of members hereby declares that our main objective is to maintain and improve the civil rights, constitutional guarantees and political freedom for every member and citizen of the United States of America. We believe that the First Amendment of the Constitution of the United States of America guarantees our members free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the Federal and State Constitutions and Statutes. We also declare the basic right of all of our members to select spokesmen from our number who could be expected to give wisest counsel and advice concerning the need for legal assistance. WHEREAS, it is hereby declared that we are exercising our right of “freedom of association” as guaranteed by the 1st and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only. WHEREAS, the Association will limit its efforts in furthering these goals to use of the established judicial institutions and procedures that have been established by common law, the United States Constitution, and legislative actions by the Congress of the United States and the legislatures of its States. WHEREAS, the Association will recognize any person who is in accordance with these principles and policies as a member and will provide a medium through which its individual members seek to make more effective the expression of their own views. WHEREAS, our purpose as members is to educate and assist members in solving their legal concerns and problems as a preventative measure or as a solution to a present situation or condition through research, providing information and education, or directing the member to the proper resource. DISCLAIMER: Due to the fact that the legal research, information, data and forms, along with said benefits and services, may not have been offered or prepared by a person licensed to practice law in the State that the Association Member is a resident of or has domicile in, be it known that the benefits and services of the Association are not a substitute for the advice of an attorney. The Association recommends to each member that any and all legal information, education, forms, benefits, and services be reviewed by an experienced licensed member of a State Bar Association. WHEREAS, it is also recommended by the Association that each member be represented by a supervising attorney of their choice. If the member does not have or has not been able to obtain a supervising attorney, the Association may provide a referral of a supervising attorney to the member. It will be the responsibility of the member to provide a copy of the product concerning the benefits and services of the Association to the designated supervising attorney. WHEREAS, the Association does not act in a representative capacity in protecting, enforcing, or defending the legal rights of a member. The member is always acting in his or her own legal capacity concerning any legal matters whatsoever, unless otherwise outlined by a separate Private Program Agreement. WHEREAS, I understand that this contract of membership entitles me to full privileges and benefits offered by the Association to my membership in accordance with the rights set out by the Constitution and Amendments of the United States and U.S. Supreme Court decisions explaining those rights.
By checking this box I agree to the terms and conditions.
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