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Select your customize support plan*
This plan is your one-stop-shop for your business leads. This plan will take a lead from its infancy to an active customer. We have status on leads provided, and audit carrier payments on all installed accounts. You get to leverage our Solutions Advisors and Operations Team’s professional skill and earn dollar-for-dollar what installed.
The Residual plan allows you to participate in a reoccurring
commissions model and grow your book of business. Leverage ClearConnect’s resources to help win business and receive the advantage of an reoccurring payment plan.
Whereas Innovative is a telecom solutions company that sells and distributes telecommunications services and products through its Carriers.
Whereas Partner desires to refer business leads to Innovative for the purpose of selling telecommunication services to an end user customer.
In consideration of the foregoing these terms and conditions set forth the provisions which the parties agree to are as follows:
1.1 Innovative appoints Partner as an independent contractor for the purpose of referring business “Leads” to Innovative to sell products (“Services”) from telecommunications providers (“Carriers”) to an end user customer. A list of Carriers is provided on the Commission Addendum attached to this Agreement. Partner accepts this appointment.
1.2 Partner is an independent contractor and is not an employee of Innovative. Aside the use of the term “Partner”, there is no legal or common law partnership, joint venture, agency or any other relationship between both parties out of the contractual responsibilities created hereby. Partner has no authority to act for or on behalf of Innovative and is not authorized to incur any commitment on behalf of Innovative or to bind Innovative in any manner.
1.3 Partner shall comply with all applicable provisions of the law and other rules and regulations of any and all governmental authorities relating to licensure and regulations of any and all governmental authorities relating to licensure and regulations. Partner shall treat all payments received under this agreement as monies received as an independent contractor and not an employee. Innovative shall not be required to and shall not withhold any sums for the payment of payroll or other taxes from the sums paid to the Partner. Partner shall pay any tax including but not limited to federal and state income and all federal and state unemployment compensation taxes on receipt of compensation under this Agreement. Innovative and Partner each covenant not to make any representations to the contrary.
1.4 Partner is a 1099 sub-contractor, and Partner will receive compensation as such and receive an annual 1099 income statement by January 31 of each following year. Partner will not receive a 1099 if Commissions paid to Partner are less than $600.00.
2.1 “Services” is defined as telecommunications orders for products and services from Carriers which include but are not limited to data services, voice services, long distance services, cloud services, internet products and other telecommunication or cloud services.
2.2 “Lead” is defined as a phone or electronic lead that has been forwarded directly to Innovative. All leads are tracked and referenced from Partner.
2.3 A “Commissionable Order” is defined as an installed business account provided by Partner that is generating a commission payment from a Carrier.
2.4 “Effective Date” is defined as the date Partner accepts the terms and conditions of the Partner Lead Referral Program.
2.5 Partner will not have an exclusive right to market the Services from the Carriers, and no franchise is granted to Partner. Innovative expressly reserves the right to market the Services itself, and to contract with others to market the Services.
2.6 Innovative reserves the right to reject any service order, Lead, or potential customer.
2.7 Partner will comply with the Carriers standards of usage on all trademarks, trade names, and names of a Carrier’s Services. Partner will not use trademarks, without the written consent of Innovative which may be withheld for any reason. Partner’s violation of any use of a Carriers trademarks or trade names will be considered breach and the Partner may be terminated for cause.
3.1 A Commissionable Account is defined as a new account solicited by Partner, and is commissionable by a Carrier, in accordance with a Carrier’s then existing rates for Services and sold by Partner in accordance with this Agreement. “Commissions” is defined as the gross commissions Innovative receives from a Carrier relating to Commissionable Accounts.
3.2 During the term of this Agreement, and provided Partner is not in default of any obligations hereunder, Partner shall be entitled to receive Commissions per the Commission Addendum. Commissions will be based on the types of Services and the terms and conditions of Commission payments to Innovative by a Carrier. Commissions shall not be deemed earned by Partner unless and until Innovative receives the Commissions for the Commissionable Account from the Carrier. Innovative reserves the right in its sole discretion to retain as security for up-front lump sum charge backs, any percentages or all of an up-front lump sum Commission until such time as the account has billed past any Carrier charge-back period.
3.3 Innovative reserves the right to debit against Partner’s Commissions any commission payment amounts previously paid or require Partner to repay any such Commissions that are charged back to Innovative by the Carrier for Partner’s accounts. Partner agrees if Innovative requests repayment of Commissions, Partner will pay Innovative within thirty days of receiving a request. Innovative may offset the Commissions otherwise payable to the Partner by any charges, costs, expenses, fees, including attorney fees, or penalties resulting from actions of Partner.
3.4 Commissions shall be payable to Partner ten business days after the end of the month, so long as Commissions were received by Innovative from the applicable Carrier. If Partner is receiving upfront commission compensation, Innovative reserves the right to charge back Partner any commissions paid on any order that cancels before 12 months of commissions have been received. Innovative reserves the right to withhold Commission checks under $100, but shall be accrued until Partner is due at least $100 of Commissions and then paid. Partners will be paid in accordance to the Commission Addendum.
3.5 Partner Acknowledges that these terms and conditions may, for any reason or no reason, be terminated or modified to such an extent that, in its reasonable business judgment, Innovative cannot continue to offer Services under this Agreement; or pay Partner according to the Commission Addendum. On the effective date of any such termination or modification, the Commissions relative to that Partner shall terminate or be reduced in direct proportion to any reduction sustained by Innovative without any further liability or obligation to Partner on the part of Innovative.
3.6 The Partner shall have 90 days from the date of any commission statement received to dispute the accuracy and completeness of any such statement. Any statement not disputed within such time period shall be deemed correct and binding upon the Partner. If Partner fails to inform Innovative of an order submitted to a Carrier and later identifies such order as an active order with Carrier, or Partner fails to provide Innovative with payment information, Innovative will only be liable to Partner for a maximum of 90 days of past commission that have been paid to Innovative.
3.7 Carriers that pay an upfront compensation model only, Partner will be paid on the 25% gross commission plan.
4.1 This Agreement shall commence on the Effective Date and will continue until terminated by either party. Either Party may terminate this Agreement at any time upon 30 days written notice or via email notification. Notwithstanding the termination of this agreement, Partner shall be bound by all material obligations arising hereunder for so long as Commissions continue to be paid to Partner.
4.2 Partner may be terminated for cause if Partner breaches or defaults on any material clause, section or provision of the terms and conditions of the Partner Lead Referral Program.
4.3 Innovative may terminate this agreement for cause at any time effective upon written notice with respect to the terms and conditions of this Agreement. If Agreement is terminated for cause no further Commission will be paid to Partner as of the date of termination.
“Confidential Information” means any confidential or proprietary information, whether in oral, written, graphic or electronic form, that one Party discloses to the other Party under this relationship and is marked as confidential or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential, including, without limitation, information pertaining to: any marketing or business plan; any financial or personal matter; present or future products, services, sales, suppliers, customers, employees, investors or business; technical information; price lists; data; and innovations. Confidential information – during the term of this agreement and for two years after the termination of this Agreement, each Party will protect the terms and conditions of this Agreement, all non-public information and material regarding the business of the other which information is either marked as confidential or could be construed to be confidential as strictly confidential, using the same level of case as it affords its own Confidential Information, but in any event, at least reasonable care. Without the prior written consent of the disclosing Party, the receiving Party will not sure or disclose (and will use its best effort to causes its employees and representatives not to use or disclose) to any other person or entity any Confidential Information, except to the extent necessary to perform its duties under this Agreement.
Both Parties will indemnify, defend and hold the other Party harmless against any claims, losses, liabilities, damages or expenses including reasonable attorney’s fees and expenses that arise directly or indirectly out of the material breach of any provision of these terms and conditions by the indemnifying Party or the gross negligence or willful misconduct of the indemnifying Party. The Partner will further indemnify, defend, and hold Innovative harmless against any claims that arise directly or indirectly from the acts or omissions of a Partner or Partner’s sub-contractor, or a claim made by a Partner against Innovative. The Indemnified Party will not be entitled to indemnification to the extent that the claim would not have arisen but for the negligent act or willful misconduct of the indemnified Party. The foregoing obligations are the indemnifying Party promptly and reasonably investigates and defends any such claim; the indemnifying Party will have control over defense and settlement of the claim. The Party to be indemnified will furnish, at the indemnifying Party’s reasonable request and expense, information and assistance necessary for such defense.
Except for liabilities arising from personal injury, damage to property or a breach of a Party’s Confidentiality obligations, in no event will either Party be liable for special, indirect, incidental, exemplary or consequential damages or loss of profits, arising from the relationships or the conduct of business under this agreement even if the other party has been advised of the possibility of such damages. To the extent allowed by law, liability of Innovative in any and all categories, including but not limited to mistake, negligence, act or mission, intentional acts or breach, will not be more than, 4 month’s average compensation paid to Partner.
If any clause or provision of the terms and conditions of the Partner Lead Referral Program is deemed invalid, illegal or unenforceable, then such clause or provision will be treated as severable and the remaining provisions will remain in full force and effect.
The provisions, terms, and clauses that should survive the termination of this Agreement will survive.
Innovative will have the right to assign this Agreement and its rights and obligations at any time.
Innovative may amend the terms and conditions of the Partner Referral Lead Program at any time. Innovative will notify Partner of any amendments via email or US Mail.
This Agreement and terms and conditions will be governed by the laws of the State of Colorado. Both Parties agree that the State of Colorado shall govern and have jurisdiction over the obligations, rights, and duties of this Agreement.
This Agreement constitutes the entire understanding of the agreement between the parties with respect to the subject matter of this agreement and supersedes any other written or oral agreements. Both parties acknowledge that no promises or agreements, written and oral, have been made by the other party that is not specifically set forth in this agreement.