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KLEVER BOY AFFILIATE/RESELLER PROGRAM
TERMS AND CONDITIONS

Registration into the KLEVER BOY RESELL/AFFILIATE PROGRAM indicates you have read and agree to the following terms and conditions listed below. 

KLEVER BOY

AFFILIATE/RESELL & NDA AGREEMENT

 

PARTIES: 

AFFILIATE: Name of Registered Affiliate/RESELLER (ON FORM) REFERRED TO AS AFFILIATE

COMPANY: KLEVER BOY HOLDINGS COMPANY, LLC.

DATE: Date of acceptance and registration (ON FORM)

 

RECITALS:

  1. This Agreement is executed upon the AFFILIATE's assumption of responsibilities on behalf of KLEVER BOY HOLDINGS COMPANY, LLC. (hereinafter referred to as KLEVER BOY) and the compensation of any work or referral from AFFILIATE to KLEVER BOY.

  2. Over the course of AFFILIATE's service with KLEVER BOY, AFFILIATE will be or has been exposed to and/or in a position to generate confidential information including but not limited to confidential techniques, methods, styles, designs and design concepts, developments, customer lists, vendor lists, pricing information, manufacturing plans, business plans, marketing plans, sales information, methods of operation, knowledge and data relating to processes, products and compositions. It is anticipated that AFFILIATE will continue to be exposed to confidential information, will be exposed to more confidential information and to confidential information of greater sensitivity as AFFILIATE continues their relationship with the company. This confidential information is information peculiar to KLEVER BOY’s business. The nature of KLEVER BOY’s business is highly competitive and disclosure of any confidential information would result in severe damage to KLEVER BOY and be difficult to measure.

  3. KLEVER BOY makes use of the confidential information described in paragraph 2 above throughout the State of Mississippi, and other states within the United States of America. This confidential information of KLEVER BOY shall not be used to KLEVER BOY's detriment anywhere in the State of Mississippi, or any other states.

  4. The provisions of this Non-Disclosure Agreement are a condition of AFFILIATE's service and service relationship with KLEVER BOY. Specifically, AFFILIATES’s acceptance of the terms of this agreement is made in exchange and IN consideration for AFFILIATE’S continued service by KLEVER BOY. The terms of this agreement in no way affect any rights KLEVER BOY possesses to bring on or terminate said AFFILIATE in accordance with applicable State and Federal laws or for cause.

  5. AFFILIATE shall be compensated based on a performance basis only. Performance will include the referral of a potential or signed client to KLEVER BOY.  RESELLERS will pay for services rendered at time of sign-up of a new client(s) and will not be compensated directly by KLEVER BOY.  RESELLERS will have a set "MENU" price of services they are allowed to RESELL, and they are allowed to charge above and beyond that "MENU" price. RESELLERS are responsible for collecting payment from their clients and all KLEVER BOY services will be terminated if payment from RESELLER is not made on time to KLEVER BOY. AFFILIATES agrees to be paid out as a 1099 Subcontractor to KLEVER BOY, and will be solely responsible for all tax liabilities for money paid to AFFILIATE. The rate for AFFILATE’s compensation will start at 20% percent of AFFILIATE generated income minus expenses paid to a third party to perform the services KLEVER BOY is contracted to perform (taxes, shipping, ad spend, message fees). AFFILIATE will continue to earn their commission on future earnings until there is a break in service (AFFILIATE's referred client cancels service). If a referred client ends service, then returns as a new client, the AFFILIATE will not earn commission unless the client used the AFFILATE's link/code during their return sign up. In some cases, AFFILIATE may have additional expenses above the agreed upon percent for compensation and those expenses will be included in the payout to AFFILIATE, if approved in advance by KLEVER BOY. AFFILIATE is responsible for tracking and reporting those expenses and any tax liabilities associated with said expenses. Payments from KLEVER BOY to AFFILIATE will be made to AFFILIATE 7 days after client’s funds have been paid to KLEVER BOY and once the payout for said AFFILIATE is greater than $250 usd. Payment can be made via options available within the KLEVER BOY Affiliate portal only. Cash payments will not be made. Should an AFFILIATE have a referral that "charges back" or is "refunded", any associated commissions will be held against said AFFILIATE's future payout balance until repaid. KLEVER BOY will issue a yearly 1099, W9 for AFFILIATE with their total earnings/payouts for the year for the AFFILIATE to use in calculating and filing their taxes.

  6. The provisions of this Non-Disclosure Agreement are reasonable.

  7. NON-DISCLOSURE AGREEMENT. During the period of service by KLEVER BOY and forever thereafter, AFFILIATE will hold in confidence all information of a confidential nature, including but not limited to the information described in Recital "2", (all of which information of a confidential nature shall hereinafter be referred to as "confidential information") and will not, any time, directly or indirectly, use any confidential information for any purpose outside the scope of AFFILIATE's service with KLEVER BOY or disclose any confidential information to any person or organization without the prior written consent of KLEVER BOY. Specifically, but not by way of limitation, AFFILIATE shall not ever copy, transmit, reproduce, summarize, quote, publish or make any commercial or other use whatsoever of any confidential information without the prior written consent of KLEVER BOY.

  8. RETURN OF CONFIDENTIAL INFORMATION. Upon termination and upon written request by KLEVER BOY at any time, AFFILIATE shall return to KLEVER BOY all documents, records, notebooks and other similar repositories of or containing confidential information, including all copies thereof, then in AFFILIATE's possession, whether prepared by AFFILIATE or others, and deliver to KLEVER BOY any and all other confidential information, in whatever form, that may be in AFFILIATE's possession or under AFFILIATE's control.

  9. UNAUTHORIZED USE. RESELLERS and AFFILIATES are required to list KLEVER BOY as the service provider unless they are provided with written exception to this agreement. This acknowledgement can be in the form of the RESELLERS or AFFILATES branding with a "POWERED BY, PROVIDED BY etc." and the correct KLEVER BOY branding. During the period of service with KLEVER BOY and thereafter, AFFILIATE shall notify KLEVER BOY immediately of the unauthorized possession, use or knowledge of any confidential information by any person employed or not employed by AFFILIATE at the time of such possession, use or knowledge. AFFILIATE shall promptly furnish details of such possession, use or knowledge to KLEVER BOY, and will assist in preventing the recurrence of such possession, use or knowledge, and shall cooperate with KLEVER BOY in any litigation against third parties deemed necessary by KLEVER BOY to protect the confidential information. AFFILIATE's compliance with this paragraph shall not be construed in any way as a waiver of any of KLEVER BOY's rights or remedies against AFFILIATE arising out of or related to such unauthorized possession, use or knowledge.

  10. WAIVER, AMENDMENT, MODIFICATION OR CANCELLATION. No waiver, amendment, modification or cancellation of any term or condition of this Non-Disclosure Agreement shall be effective unless executed in writing by the party charged therewith. No written waiver shall excuse the performance of any act other than the act or acts specifically referred to therein.

  11. APPLICABLE LAW/JURISDICTION/VENUE. This Non-Disclosure Agreement, and AFFILIATE's service hereunder, shall be construed according to the laws of the state of Mississippi and AFFILIATE hereby submits to the jurisdiction of the courts of the state of Mississippi and waives application of any foreign law relating to this Agreement and AFFILIATE's service by KLEVER BOY. Any suit or action of any kind relating to this Agreement or the subject matter hereof shall be brought in a court located in Lee County, Mississippi.

  12. This service does not in any way affect the fact that AFFILIATE is an AFFILIATE at will, and may be brought on or terminated within any legal means with cause or without cause as allowable under the laws of the State of Mississippi.

  13. COMMENCEMENT OF TERM: This agreement is considered in effect upon the date both parties have signed and the non disclosure portion will continue for twelve months after any written termination, or AFFILIATE account closure. 

 

This Independent AFFILIATE Agreement so entered on the date of registration. Registering as an affiliate of KLEVER BOY implies you have read and accepted this agreement in its entirety.

 

Date: Date of Registration (on form)

 

Name: Registered Affiliate Name (on form)  -AFFILIATE   


Name: Kyle Barker - Owner-KLEVER BOY HOLDINGS COMPANY, LLC.

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