This Independent Contractor Agreement ("Agreement") is entered into between Tasskel LLC, doing business as Tasskel Capital ("Company"), and the individual or entity identified in the signature block below ("Affiliate"). It takes effect on the date the Affiliate signs it and the Company approves the Affiliate's application.
1. Services
Affiliate may refer small-business owners who may be interested in business financing to the Company using the tracking links, forms and materials provided in the Tasskel Capital Affiliate Program portal. Affiliate is not required to make any minimum number of referrals.
2. Independent contractor status
Affiliate is an independent contractor and not an employee, partner, agent or joint venturer of the Company. Affiliate controls the manner, means, schedule and location of their work, supplies their own tools and expenses, and is not entitled to employee benefits. Affiliate has no authority to bind the Company or to make any promise on its behalf.
3. No lending or brokering activity
Affiliate will not quote rates, terms or approval odds, collect application fees, take possession of funds, negotiate financing, or represent that they or the Company are a lender. Financing decisions are made solely by third-party providers.
4. Compensation
Affiliate will be paid only according to the compensation plan assigned in the portal at the time a referral is made. Only leads the Company determines to be qualified and billable under the published program rules are eligible. Duplicate, self-referred, fraudulent or non-consented leads are not payable. The Company may adjust or reverse commissions paid in error or later found ineligible.
5. Payment and taxes
Approved commissions are paid through the payout method on file (such as PayPal) after administrative approval. Affiliate is solely responsible for all taxes on amounts received. Affiliate must provide a completed IRS Form W-9 before payment, and the Company may issue Form 1099 as required by law.
6. Marketing conduct and compliance
Affiliate will comply with all applicable laws, including the Telephone Consumer Protection Act, CAN-SPAM Act, FTC Endorsement Guides and state business-financing disclosure laws. Affiliate will clearly disclose their relationship with the Company when promoting it, will not send unsolicited texts or calls without proper consent, and will use only Company-approved claims and materials.
7. Use of the Tasskel name
Affiliate receives a limited, revocable, non-exclusive license to use the Tasskel Capital name and approved materials solely to promote the program. Affiliate may not register domains, social accounts or paid search keywords containing the Tasskel name without written permission.
8. Confidentiality
Affiliate is bound by the Mutual Non-Disclosure Agreement signed with this Agreement, which is incorporated by reference.
9. Term and termination
Either party may end this Agreement at any time with written notice, including through the portal. The Company may suspend or terminate immediately for violation of this Agreement or the program terms. Commissions earned and approved before termination remain payable unless forfeited for a violation.
10. Indemnification
Affiliate will indemnify and hold harmless the Company from claims, losses and expenses arising from Affiliate's breach of this Agreement or violation of law.
11. Limitation of liability
Except for indemnification obligations, neither party is liable for indirect, incidental or consequential damages. The Company's total liability under this Agreement will not exceed commissions paid to Affiliate in the prior twelve months.
12. General
This Agreement, together with the Program Terms and the NDA, is the entire agreement between the parties on its subject. It is governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. The state and federal courts located in Madison County, North Carolina have exclusive jurisdiction over any dispute arising from this Agreement, and each party consents to that venue. If any provision is unenforceable, the rest remains in effect. Electronic signatures are binding.