CONTRACT FOR MEMBERSHIP CONTRACT
DEFINITIONS
- TSN: Troubleshooter Network, Inc., the second party to this contract.
- AGREEMENT: This contract, once accepted.
- REFERRAL LIST: This site listing APPROVED merchants, contractors and professional service providers - all of whom have read and agreed to this contract, making it an AGREEMENT.
- APPROVED: The state of meeting all requirements of this CONTRACT.
- PARTY: Entity applying to be listed on REFERRAL LIST.
- MEMBER: A PARTY APPROVED for listing on the REFERRAL LIST.
- CUSTOMER: Any and all entities with whom PARTY transacts business.
- EMPLOYEES: Entities hired to provide products and/or services to CUSTOMERS on behalf of PARTY, whether through direct employement and/or customary subcontracting.
TERMS & CONDITIONS
PARTY agrees to the following conditions. Failure to adhere to conditions may result in termination of AGREEMENT and revocation of MEMBERSHIP.
- CODE OF ETHICS - PARTY agrees to abide by the Referral List Code of Ethics
- CUSTOMER SERVICE – PARTY will provide excellent CUSTOMER service above and beyond the normal standards of the industry and/or profession and shall be honest in all dealings.
- WORKMANSHIP – PARTY will provide quality workmanship and perform all services in a manner that meets or exceeds the standards of the industry for their respective trade and/or profession.
- PRODUCTS – PARTY will provide quality products and/or materials meeting or exceeding the standards of the industry for their respective trade and/or profession.
- WRITTEN CONTRACTS – PARTY will fully specify, in a written contract, all terms, conditions and specifications relating to the jobs, products and/or services PARTY is contracted to do and shall strictly adhere to it.
- FULL DISCLOSURE – PARTY will provide full disclosure to CUSTOMERS, to the best of their knowledge, of risks and fees associated with the business transaction PARTY is contracted to perform.
- CHANGE ORDERS – PARTY will not charge more than the original amount contracted for a job, product and/or service unless all additional charges, changes, deviations and amendments to the original contract have been put in writing and accepted by CUSTOMER; or by any other mutually accepted method of agreement.
- COMPLAINTS – PARTY will answer all CUSTOMER complaints within a reasonable time and make all reasonable attempts to satisfy CUSTOMER.
- DISPUTES & ARBITRATION – If PARTY cannot satisfy CUSTOMER’S complaints and does not have its own arbitration process in place, acceptable to TSN, PARTY will settle any and all disputes with consumers and/or vendors as directed by TSN. (This is often a benefit to businesses because we act as a trusted third-party, which can often reason with those consumers who do not have legitimate complaints.)
- LICENSING – PARTY will acquire and maintain all licenses, certifications, permits and/or other documentation required by governmental authorities.
- INSURANCE – PARTY will maintain all insurance and bonds that are standard and customary in their profession and/or required by governmental authorities, unless specificially waived by CUSTOMER.
- EMPLOYEE SCREENING – PARTY shall screen all EMPLOYEES to reasonably assure they are of safe and reliable character, to a customary and reasonable extent, whenever those EMPLOYEES enter CUSTOMER’S homes or perform services for Customers in a one-on-one environment, during the course of their employment.
- ADVANCE PAYMENTS – PARTY shall only require advance payments from CUSTOMERS, under one of the following conditions:
- Reasonable fees for estimates, if estimates require considerable time and/or materials.
- A retainers required by attorneys.
- A Deposit for health care and medical procedures.
- An escrow account is set up for payment.
- A major credit card is accepted for payment.
- A custom item is ordered, unique to the CUSTOMER'S use (such as measurements, etc), and advance payment is applied to order.
- Materials are ordered specifically for CUSTOMER and advance payment is applied to CUSTOMER'S order.
- Materials are delivered to job site.
- Commencement of work (which can include the planning process).
- Any other mutually accepted method of advance payment.
- UP-TO-DATE INFORMATION – PARTY shall keep TSN informed of any change in ownership and/or contact information such as names, mailing address, email address, phone number and cell number.
- INTELLECTUAL PROPERTY – PARTY acknowledges that they have a non-exclusive right to use Logos, Trademarks, Slogans, Tom Martino’s likeness and other marketing materials originated, owned or first used by TSN (“INTELLECTUAL PROPERTY”), for as long as AGREEMENT is in force.
- If AGREEMENT is terminated for any reason, PARTY agrees to immediately stop using Intellectual Property – whether the Intellectual Property is formally protected by law or not, unless PARTY has obtained written authorization from TSN.
- In the event PARTY continues to use Intellectual Property after termination of AGREEMENT, and without the aforementioned written authorization from TSN, PARTY agrees to pay TSN $1,000 a day for the unauthorized use of Intellectual Property as liquidated damages, until unauthorized use is ceased.
- If TSN finds it necessary to bring legal action against PARTY for unauthorized use of INTELLECTUAL PROPERTY, PARTY agrees to pay all attorneys’ fees for TSN, should TSN prevail in its legal action.
- INDEMNIFICATION – MEMBER agrees to defend, indemnify, and hold harmless, Tom Martino, TSN and its affiliated entities, clients, advertisers, strategic partners and other REFERRAL LIST MEMBERS and all of such parties, EMPLOYEES, officers, partners and agents, and each of them, against any and all liability, loss and expense (including reasonable attorneys’ fees and costs) arising from any claim or litigation involving:
- Any violation or infringement of rights allegedly committed by MEMBER or MEMBER'S affiliated business entities, EMPLOYEES, officers, partners and agents, and each of them;
- Any labor, product, service or lack thereof by MEMBER or MEMBER'S affiliated business entities, EMPLOYEES, officers, partners and agents, and each of them;
- The breach of any representation or warranty made by MEMBER or MEMBER'S affiliated business entities, EMPLOYEES, officers, partners and agents, and each of them;
- MEMBER shall give TSN prompt notice of any claim, demand or action arising under this section. The indemnification obligations set forth herein shall survive termination of this AGREEMENT
- TERMINATION – AGREEMENT may be terminated and MEMBERSHIP revoked, under the following conditions:
- PARTY may terminate with 30-days written notice after 60-days of MEMBERSHIP.
- TSN may terminate with 30-days written notice after 60-days of MEMBERSHIP.
- TSN may terminate immediately, if TSN determines, in its sole discretion, that PARTY violated conditions specified herein.
- CONFIDENTIALITY – AGREEMENT may contain special promotional pricing; therefore, PARTY shall not disclose to any third party the fees paid for MEMBERSHIP.
BY SUBITTING REQUEST FOR LISTING, FOUND HERE, I AM AGREEING TO THIS AGREEMENT.