User Agreement - Terms & Conditions
As a member of Kid IRA Foundation, Inc., you agree to the following rules of membership.
- REQUIREMENTS AND OBLIGATIONS: of a Kid IRA member (also referred
to as "member" or "Member") of Kid IRA Foundation, Inc. (also referred to as "Company"
or "the Company"):
FORMS: Member needs to fill out the application form accurately
and completely. the Company reserves the right to suspend any earnings
of individuals who falsify their information. Further, the Company reserves
the right to approve or decline any application.
ACCOUNT CONFIRMATION: Members are required to confirm their information by completing the online confirmation form. The Company will send you:
- The privilege to market the services and products of the Company, including but not limited to the college fundraising service (also referred to as "service" or "Service"), to prospective customers.
- The privilege to refer additional members into the Company.
- To conduct my work as a member with integrity and honesty.
- Will use only materials generated by the Company and promotional articles of the Company.
- Receive communications sent by the Company
It is your responsibility to ensure your account is confirmed by proceeding to this page upon account activation and following the procedures on the confirmation page. Your account may be required to be reconfirmed in the following instances: cellular number change, e-mail address change, incomplete personalization info.
LEGAL FULFILLMENTS: Member needs to follow all federal and state
laws regarding the independent contractor status of a member, inclusive
of the acquisition, transportation, storage, distribution, sale or
publicity of the articles of the Company. To the extent that the Company
sells now or in the future a product, sales aid or service to a member
for resale, the buy-back laws applicable to resigning members in GA,
LA, MA, MD, MT, OK, PR, TX & WY will be honored.
ACCEPTANCE OF STANDARDS: Agreement to fulfill and uphold all the
standards of the Company, which appear in this text.
COMMUNICATION: Any communication considered "SPAM" sent by a Member
will be cause for immediate suspension of his account until the issue
is resolved. Sending information about our company via this form of
communication will diminish our well-positioned brand and may also
frustrate individual recipients. If, after our findings, the communication
was found to be SPAM, immediate dismissal from this service and forfeit
of any monies earned will be the outcome.
INDEPENDENCE: All members are independent contractors and as such
are separated from the Company. The members are not franchises, partners,
employees or agents of the Company. I understand and agree that I will
not be treated as an employee for federal or state tax purposes, nor
for purposes of the Federal Unemployment Tax Act, the Federal Insurance
Contributions Act, the Social Security Act, State Unemployment Acts,
State Employment Security Acts, or State Workers Compensation Acts.
I understand and agree to pay all applicable federal and state self-employment
taxes, sales taxes, local taxes, and/or local license fees that may
become due as a result of my activities under this Agreement. The
member cannot claim to be anything other than an independent contractor.
The member has no authority to bind the Company to any obligation. Each
member will indemnify and hold harmless the Company from any action or
cause of action resulting from its member business.
CONFIDENTIALITY: All Company information will be provided in confidence
to members, to be used solely in furtherance of the Company business
interests. The member will accept and agree to maintain completely
the privacy of this information throughout an indefinite period of
FULFILLMENT OF MARKETING PLAN: The member declares that he has carefully read and agrees to fulfill the marketing policies and procedures of the Company and its compensation plan and will be bound to it by meeting its terms and conditions.
ASSUMPTION: The continued activities of a member in the Company constitute a demonstration
of the acceptance of all changes or conditions in the policies and
procedures of the Company.
LEGALITIES: The member should fulfill all the necessary steps to comply with legal, labor or any other type of obligation required in the country where he exercises his activities as a member. It would be the total responsibility of the member to also fulfill all the legal requirements in force in his country in reference to the storage, distribution and sales of potential products distributed by the Company. If the member does not fulfill these obligations for the corresponding payment required then the total costs and taxes may be offset against the member's account.
INTERNATIONAL USE: Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online and telecommunication conduct. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
Due to legal constraints, we are currently limited to the following
- A confirmation e-mail message with a confirmation link to the confirmation page
- Costa Rica
- Dominican Republic
Since we are continuing to build or global presence, your country may be in the process of being added. If you reside in a country other than those listed, you can still build your network within the Company, however payments cannot be made until we legally ensure we can make financial payments to your country.
DURATION OF THE AGREEMENT: The duration of the agreement is until
the member notifies the Company the desire to terminate his/her account
by unsubscribing to the the Company service online.
PAYMENTS: Payments will be made monthly on the last business day of each month. Unless otherwise specified, Members shall receive an electronic payment to their registered Kid IRA account which is linked to their Member account up until the maximum contribution. Payments above and beyond the maximum contribution will be direct deposited into the Member's savings account on record. Payments will be made for accounts that are in excess of fifty (50) dollars (US). Balances for accounts that do not meet this qualification will be carried over to the next month until they are qualified for transfer.
IDENTIFICATION: Every member will receive from the Company a password
and access ID and identification as a Company Member. This identification
will need to be diligently protected and the Company will not be responsible
for the consequences of the misuse by the member. The member who possesses
these identifications indicates his participation in the Company.
INTERMEDIATION: the Company does not regulate user-to-user dealings,
therefore, in the event you have a dispute with one or more users
of the Service, You agree that the Company shall not be responsible or
liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such user or
users on the Service.
RESIGNATION: A MEMBER MAY RESIGN AT ANY TIME BY DE-ACTIVATING HIS/HER
ACCOUNT ONLINE. The resignation is effective as soon as it is received
and accepted. Any remaining balance in the member's account will be
forfeited upon resignation.
DISMISSAL: the Company reserves the right to suspend or terminate any member for any reason, including but not limited to, committing any type of immoral activity or violating any conditions or basis of the contract. Prior to dismissal, the Company will give an opportunity to discuss reasons or defenses, or if in 15 days the member does not give the Company the evidence solicited, a dismissal will be definite and he/she will be removed from the Company database. A dismissed member will not be admitted again until a minimum of 12 months from the date of dismissal and upon further review of the application.Any member who is dismissed or resigns loses the right to collect compensation, but will only have the right to collect the previous month from the effective date of separation from the Company database. Commissions on this vacant position can be liquidated and the Company will ultimately decide the destiny of the liquid funds of this vacant position.
INDEMNIFICATION: You agree to indemnify and hold the Company, and its
subsidiaries, affiliates, officers, agents, customers or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of the Service, your connection to the Service, your violation
of this Agreement, or your violation of any rights of another.
RELATIONSHIP WITH THE PRESS: All relationships with the press will
be conducted solely by the Company unless expressly authorized otherwise.
A member cannot criticize or discuss the Company with the press or act
as a spokesperson and violation of this standard will result in immediate
NO EXCLUSIVITY: The member of the Company can work with other companies
as long as these companies are not in competition with the Company and
As long as there is no utilization of contacts developed in the Company
(except those contacts referred directly by the member). Immediate
dismissal can be expected from the Company for violation of this condition,
and the offender will be held responsible for whatever legal complaint
or the damaging consequences that occur by not respecting this standard.
USE OF NAMES AND LOGOS: Unless expressly authorized, the member
cannot use in any way, whether in letters, cards or in any publicity,
the name, logos or directions of the Company or its policies.
DEALING WITH ADVERTISERS: Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that the Company shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
DATABASE: Data, obtained by people or members such as a member of
the Company, can be utilized by the Company to mail to them whatever
type of information including publicity of other companies who have
a relationship with the Company or for a Company that will reach a commercial
agreement with the Company.
DEFENSE OF the Company: The member will commit to provide the Company
with the information it has received or witnessed that could criticize,
attack, or question the activities of the Company, its policies, its
legal situation, its products, its marketing and in general anything
that could be a detriment or a stigma on the good image of the Company.
By the member not making known to the Company these commentaries,
documents or announcements etc., it will be considered a policy violation
by the member against the Company. The Company will reserve the right
to consider the actions it would take against these parties, including
the member, given the seriousness of the situation.
RIGHT TO MODIFY: the Company reserves the right to change the tariffs,
products, policies and compensation plan when it deems necessary by
giving notice using reasonable means. The member can request to resign
from the Company if he considers these changes harmful to his or her
interests, especially if the changes in the compensation plan can
result in a loss of income that member has a right to for the work
already produced up to the time of the changes in the compensation
plan. The performance to be affected will be based from the actual
date the changes in the compensation plan became effective and will
have repercussions on the total activities of the member.
QUALIFICATIONS: Members DO NOT have to qualify each month in order to receive compensation. There are no minimum amounts, quotas, etc. If there is any conflict between the above and the currently published Compensation Plan, the Compensation Plan will control.
GOVERNING LAW: This agreement is in accordance with the laws of
the State of California in the United States of America.