This relationship is not a contract of employment between doForms and the Lead Source. Each Lead Source will at all times remain an independent contractor and not an employee or agent of doForms for any purposes. doForms will provide a 1099 to each Lead Source (for commissions exceeding $600 in any single calendar year) and each Lead Source acknowledges that he or she is responsible to pay income tax or any other taxes with respect to commissions received pursuant to the Program in accordance with applicable national, state, provincial or local laws, and that no deductions or withholding for taxes or contributions of any kind shall be made by doForms on any Lead Source’s behalf.
No Lead Source shall hold himself or herself out as, nor claim to be, an employee, agent or sales representative of doForms, and shall have no authority to bind doForms to any agreement or obligation, express or implied.
doForms will provide any marketing materials or information regarding its capabilities and Products. Other than the materials or other information provided by doForms, Lead Sources shall not make any representations whatsoever concerning doForms, its clients, its performance, capabilities or Products.
Each Lead Source acknowledges that doForms’ confidential and proprietary materials are commercially valuable proprietary products of the company, the research, design and development of which have involved the expenditure of substantial amounts of money and skilled resources and which afford doForms a commercial advantage over its competitors, and that loss of this competitive advantage due to unauthorized disclosure or use of such proprietary information would cause great injury and harm to the company. Each Lead Source represents and warrants that he or she will not and will ensure that no one acting on his or her behalf will disclose, divulge or publish to others or employ to his or her own advantage any of doForms’ proprietary materials or information.
Each Lead Source represents that he or she is not a party to any existing agreement, nor is he or she bound by any other obligation, covenant, applicable law or other restriction, which would prevent or restrict him or her from participating in the Program or in any other way constitute a conflict of interest.
Each Lead Source agrees that, in participating in the Program, he or she will not undertake, nor cause nor permit to be undertaken, any activity which either (a) is illegal under any applicable laws or regulations; or (b) would have the effect of causing doForms to be in violation of any applicable laws or regulations.
doForms reserves the right to amend or modify the terms of the Program or terminate the Program at any time in its sole discretion.
All claims and disputes arising under or relating to the Program are to be settled by binding arbitration. The arbitration, which shall take place in Newark, New Jersey, shall be conducted by the American Arbitration Association (AAA) and the parties shall be bound by any and all rules of AAA and any award/decision rendered.