1. Rejection, Removal, Deactivation
Applying to become an affiliate does not guarantee approval. Birch Boys will use internal discretion and retain complete authority to deny, remove, or deactivate any affiliate account at any time, for any or no reason.
2. Eligibility
Affiliates must have a permanent address in the United States & abide by all federal, state, and local laws and applicable taxes. Affiliates must be a person at least 18 years of age and a US citizen.
3. Taxpayer Identification
Affiliates who earn more than $500 in commission payments during the company’s fiscal year (or any 12 month period) must submit a W9 form in order for Birch Boys to report their commission earnings to the IRS. Affiliates who meet this condition will receive IRS form 1099 from Birch Boys at the end of the year. Failure, unwillingness, or inability to submit a W9 form will void all past, present, and/or future commission earnings from Birch Boys.
4. Good Faith
Affiliate understands that Birch Boys is financially stable and so commission earnings will be distributed in a timely manner. However, affiliate surrenders any legal claims or entitlements to commission payments left unpaid. Affiliate will have no incentive to continue promotional services without payment and therefore it is in the interests of the company to make timely commission payments, but Birch Boys has total discretion as to what constitutes legitimate earnings that become payable to all affiliates. payable earnings are deemed legitimate but for any reason remains unable to be paid, Birch Boys will send the affiliate an equivalent value in Birch Boys products or merchandise prior to terminating the affiliate account / relationship.
5. Indemnification
Affiliate holds Birch Boys harmless & indemnifies Birch Boys of any liabilities, financial or otherwise, that may arise as result of the services performed.
6. Independent Contractor
Affiliate is an independent contractor performing sales related services on their own time without direct instruction & is therefore not an employee of Birch Boys. Affiliate agrees that they are not entitled to any employment related benefits including family leave, workers compensation, disability, unemployment, or insurance coverage from Birch Boys.
7. Confidentiality
8. These terms and conditions are agreed to & will are governed by the state of New York.