SETC TOS

IHUB SETC PROGRAM

TERMS OF SERVICE AND PARTICIPATION AGREEMENT

 

1.       Authorization and Contract

By executing this iHub Self-Employed Tax Credit (“SETC”) Program Terms of Service and Participation Agreement (“Agreement”), you (“You”) hereby apply for legal authorization to participate in the SETC referral program (as described in greater detail below) sponsored by iHub Inc., a Delaware corporation (“iHub Inc.”), along with certain of iHub Inc.’s affiliated companies (collectively, ‘”iHub” or the “Company”), enter into a contract with the iHub and accept all terms and conditions hereof and of all other applicable iHub agreements, including, but not limited to, the Electronic Signature Affiliate Application, the Privacy Notice and the Terms of Service. This Agreement is created to provide detailed guidelines and limitations for You and for all other independent business entities or individuals wishing to participate in the iHub SETC affiliate program (the “iHub SETC Program”) as an independent business affiliate (an “Affiliate”). You and iHub shall each be referred to herein as a “Party” and collectively, as the “Parties”.

2.       Description of SETC and Purpose of iHub SETC Program

What Is SETC?

The SETC is a tax credit established by the American Rescue Plan Act to support self-employed individuals facing financial hardship due to COVID-19. The U.S. Government has set aside millions in tax credits for self-employed individuals affected by the COVID-19 pandemic. Many accountants did not (and still do not) know this exists.  

iHub has partnered with Gig Worker Solutions PEO, Inc. (“GWS” or “Gig Workers”) and Anchor Accounting Services LLC (“Anchor Accounting”) to create a seamless referral process for self-employed professionals who qualify for and wish to claim the SETC. Gig Workers is the company that has developed the software and web-based platform to facilitate the SETC submission process, and Anchor Accounting is the accounting firm that assists the self-employed individuals in the preparation of the SETC documentation for claiming the SETC,  

Anchor Accounting and GWS receive a contingent processing fee (the “Fee”) from their clients who receive SETC refunds or tax credits from the U.S. Treasury. The U.S. Treasury takes approximately six (6) months or longer to review a completed SETC refund or credit application and to make payment of approved SETC refunds or tax credits.

iHub has entered into a Referral Partner Agreement with an affiliate of GWS to act as a referral partner and agent for the marketing and sale of the services offered by GWS and Anchor Accounting. Under the terms of the Referral Agreement,  iHub will receive a referral fee (the “Referral Fee”) from GWS/Anchor Accounting for each self-employed individual (the “client”) referred to GWS/Anchor Accounting which client thereafter enters into an accounting and service agreement with Anchor Accounting and, as a result of Anchor Accounting’s and GWS’s efforts, receives a SETC refund or tax credit. As discussed in greater detail in this Agreement, GWS/Anchor Accounting have partnered with a financial institution to provide to those clients who so elect for the advance funding of the SETC refund or tax credit, which will greatly speeds up the receipt of funds to the clients and to the referral partners.

iHub has developed the iHub SETC  Program to allow qualifying iHub Affiliates to obtain a certain percentage of the Referral Fee earned by iHub and paid to iHub from such referrals. The amounts payable to the iHub Affiliates shall be set forth in, and shall be governed by, iHub’s SETC Affiliate Compensation Plan.

The purpose of the iHub SETC Program is to provide individuals or entities who agree to participate in the iHub SETC Program as independent iHub Affiliates and comply with the terms and conditions of this Agreement with the opportunity to earn commissions or referral fees by providing to iHub leads on potential SETC-qualifying self-employed individuals. iHub will provide these referrals to GWS/Anchor Accounting through the GWS/Anchor Accounting online portal. If GWS/Anchor Accounting determine that the referred self-employed individual qualifies for the SETC, Anchor Accounting/GWS will seek to enter into an accounting and service agreement with the individual. For those self-employed individual leads from iHub Affiliates resulting in Referral Fees, iHub will provide compensation to the iHub Affiliate responsible for the successful referral pursuant to the terms of the iHub SETC Compensation Plan. 

3.       Acknowledgement of Risk

Anyone participating in the iHub SETC Program as an iHub Affiliate hereby acknowledges that there is no guarantee that any of the self-employed individual referrals or leads will qualify for a SETC refund or tax credit. Similarly, there is no guarantee that any referred self-employed individual will enter into a contingent accounting and services agreement with Anchor Accounting/GWS or the individual will actually receive a SETC refund or credit from the U.S. Treasury resulting in fees to Anchor Accounting and GWS and Referral Fees payable to iHub. Accordingly, iHub does not represent or provide any assurance or guarantee that an iHub Affiliate participating in the iHub SETC Program will be successful and generate any referral fees or any other income.

Individuals and entities participating in this program operate at their own risk, understanding that there is a potential for positive results but also the potential that the participant will incur or suffer a net financial loss. Given the contingent nature of this opportunity and the many uncertainties and factors outside of the control of  GWS, Anchor Accounting and iHub, the opportunity presents significant risks that a participant will not receive significant or any referral fees from the participant’s efforts or participation in the iHub SETC Program. In addition, participants in the iHub SETC Program should be aware that there may be a significant period of time between making even a successful referral and the actual receipt of earned referral fees by iHub from GWS/Anchor Accounting and the payment of an iHub Affiliate’s share of such referral fee. This is particularly the case where the self-employed individual client opts not to participate in the GWS/Anchor advance program.

GWS and Anchor Accounting have established with a financial institution the ability for a qualifying self-employed individual to obtain an advance on the SETC refund which will result in an expedited payment of the referral fee to the self-employed individual and, consequently, expedited payment of the referral fees to iHub and to the referring iHub Affiliate.  In any event, any participants that desire or require regular and current compensation should not participate in the iHub SETC Program.

4.         Strict Adherence to Process for Submission of Referred

Self-Employed Individuals

iHub has established a process for all of iHub’s SETC affiliates to follow to refer potentially eligible self-employed individuals to GWS/Anchor Accounting for participation in the SETC Program. It is imperative that each iHub Affiliate strictly follow the referral process and not contact or attempt to contact either GWS or Anchor Accounting directly. Adherence to this referral submission process allows iHub to track the progress of submitted potentially eligible SETC self-employed individual leads, through the execution of the accounting and service agreement by the referred self-employed individual, the uploading of the individual’s tax return documentation, the completion of the required IRS paperwork for requesting the SETC tax refund or tax credit, the decision by the individual to either obtain an advance payment or to allow the filing with the IRS to be handled in the ordinary course of business and ultimately the IRS’s payment of the SETC tax refund or credit to the self-employed individual or to the bank funding the advance payment of the SETC tax refund,  the remittance to iHub of iHub’s Referral Fee and finally iHub’s payment to the iHub Affiliate of its commission for referring the self-employed individual recipient of the SETC refund.

5.         Partial or Complete Loss of Commission for Failure to Comply with Business Referral Process

In the event that an iHub Affiliate fails to comply with the procedure for referring self-employed individuals to iHub and to GWS/Anchor Accounting, the iHub Affiliate’s failure to follow the iHub SETC submission procedure could result in a significant risk of loss of the entire referral fee by iHub and of the affiliate’s commission and, if this behavior continues, termination as an iHub Affiliate. iHub, therefore, urges all Affiliates participating in its SETC Program to strictly comply with the lead submission procedures and under no circumstance seek to contact GWS or Anchor Accounting. 

6.         Consent to Sharing Certain Information on iHub Affiliate with GWS/Anchor Accounting

The iHub ERC Affiliate hereby consents and authorizes iHub to share certain of the Affiliate’s confidential identifying information with GWS and Anchor Accounting as necessary in connection with carrying out of iHub’s SETC Program. GWS, Anchor Accounting and iHub will maintain the confidentiality of all such information. 

7.         Becoming an iHUB SETC Affiliate, SETC Commission Payout Requirements, Timing of Commission Payments and Related Matters

  1. Becoming An iHub SETC Affiliate:

To become an iHUB SETC Affiliate, an applicant must comply with the following requirements:

  1. For individual-- Be of the age of majority (not a minor) in his or her state of residence;
  2. For Business Entities—Be duly formed or organized under the laws of the entity’s state or country of formation or organization;
  3. Execute this electronic Agreement; and
  4. Comply with the SETC Commission Payout Requirements and other applicable provisions of this Agreement.
  1. SETC Commission Payout Requirements:

•           Valid Tax Information on Completed W-9 or W-8  - All independent SETC iHub Affiliates (referral partners) MUST have valid Tax Information submitted and validated on an IRS Form W-9 or W-8 prior to being eligible to receive payouts, found here:

https://setc.ihub.global/commissions under the Payout Settings > Tax Information Tab

•           Valid Payout Method Set - All SETC iHub Affiliates (referral partners) MUST have a valid Payout Method submitted and validated prior to being eligible to receive payouts. (ACH / Check) found here:

https://setc.ihub.global/commissions under the Payout Settings > Payout Type

•           Check Payments - Check payments for SETC Commissions are currently available, but will be used as a secondary payment method once ACH payments are live.

  1. Timing of Commission Payments:

•           SETC Commissions are paid out on the 25th of each month (or, if not a Business Day, the next day that is a Business Day) for the previous month of all SETC deals that are in the status of “Completed.” Business Day means any day that is not a Saturday, Sunday or other day on which commercial banks are authorized or required by applicable law to remain closed in Vero Beach, Florida.

  1. Potential Income for Participants in iHub SETC Program

The iHub SETC Program is an exciting opportunity that rewards you for identifying and referring leads on eligible self-employed individuals or 1099 entities that might qualify for SETC tax credits from the U.S. Treasury Department’s Internal Revenue Service (“IRS”). The SETC program is a federal stimulus program authorized by the American Rescue Plan Act to self-employed individuals adversely impacted by COVID-19 pandemic.

The SETC is a specialized tax credit designed to provide support to self-employed individuals during the COVID-19 pandemic. It acknowledges the unique challenges faced by those who work for themselves, especially during times of illness, caregiving responsibilities, quarantine, and related circumstances. This credit can be a valuable resource for eligible individuals to help bridge financial gaps caused by unforeseen disruptions.

Commissions will vary due to a number of factors including, but not limited to, amount of taxes paid in 2020 and 2021 and other considerations. While calculations are performed by systematic calculation, and then reviewed by forensic auditors, neither iHub, Anchor Accounting nor Gig Worker has control over the amounts approved and actually paid to a self-employed individual  by the IRS or funded via advanced funding.

  1. Estimated Commissions

Any estimates provided by iHub or its referral partners of potential commissions earned by an independent iHub SETC Affiliate are not necessarily representative of the commissions that should be expected and should not be considered as guarantees or projections of your actual earnings from participating in iHub’s SETC Program. Commissions are purely estimates based on the iHub SETC compensation plan base level; however, the figures are not final until iHub receives confirmation from Gig Worker and Anchor Accounting regarding the amount approved and paid by the IRS to the self-employed individual as a result of the SETC filing. The commissions are expressly contingent and dependent on the amounts ultimately received by the individual from the IRS and iHub’s share of the referral fees paid to it by Gig Worker and Anchor Accounting under the Referral Partner Agreement. The Commission earned by an independent iHub SETC Affiliate is based on the iHub SETC Compensation Plan.

It is important to note that where the self-employed individual does not take advantage of the GWS/Anchor Accounting advance funding program there could be a significant delay between the time the self-employed individual submits its SETC refund or tax credit application to the IRS, the IRS completes its review, approves the application and issues a refund or tax credit to the individual, and iHub receives its referral fee and iHub remits payment of the iHub Affiliate’s share of such referral fee.

iHub SETC Affiliates must adhere to the terms of the iHub SETC Compensation Plan as set forth in official iHub materials and the iHub website. iHub SETC Affiliates shall not require or encourage other current or prospective clients or other iHub SETC Affiliates to participate in iHub SETC Program in any manner that varies from the program as set forth in this Agreement or in the iHub SETC Program materials.

  1. iHub’s Right to Offset Against Earned Commissions for Amounts Owed to iHub or any of iHub’s Affiliated Companies

Each iHub SETC Affiliate hereby consents to, and hereby acknowledges iHub’s contractual right to, the offset against or reduction of any earned commissions payable to the iHub SETC Affiliate (or such iHub SETC Affiliate’s controlling person) generated hereunder to reduce amounts due or payable to iHub or any iHub affiliated companies by the iHub SETC Affiliate (or such iHub SETC Affiliate’s controlling person)   as a result of such iHub Affiliate’s participation in one or more of iHub’s or its affiliated companies’ other programs, including, without limitation, the iHub ERTC Affiliate Program.

8.       Actions of Household Members or Affiliated Parties

iHub Global considers individuals who share an address, payment method and contact information as members of the same household. This includes instances where addresses may be different, but payment methods and other details are shared.

If any person in an Affiliate’s immediate household engages in any activity which, if performed by the Affiliates would violate any provision of the Agreement, such activity will be deemed a violation by said Affiliates and the Company may take disciplinary action against Affiliates pursuant to these Policies and Procedures. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively “Business Entity”) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and the Company may take disciplinary action against said Business Entity. Similarly, if an Affiliate enrolls in iHub as a Business Entity, each affiliated party of the Business Entity shall be personally and individually bound to, and must comply with, the terms and conditions of the Agreement.

9.       Search Engine Marketing (SEO) and Paid Online Advertising

To avoid brand confusion and protect brand reputation, and in fairness to all, Affiliates are not permitted to purchase sponsored iHub related advertisements on other websites or social media.

Affiliates agree to cooperate fully with iHub in this area so that Search Engines list the iHub website as the top search result when a user makes a query containing the name “iHub”, iHub Global”, or any other company protected trademark(s) or iHub owned content.

Affiliates may not bid on or purchase (or encourage or solicit any third party to bid on or purchase) any iHub trademark or iHub owned content as a meta-tag, keyword, paid search term, sponsored advertisement, or sponsored link used to trigger search results. If Affiliates wish to use any such meta-tags or search-based advertising programs to advertise iHub Products or the opportunity, they may do so only using generic search terms.  

10.       Term

The term of this Agreement is month to month and will be renewed automatically. The term will begin upon our acceptance of your application and will end when terminated by either the Company or you upon thirty (30) days’ notice.

11.       Constructive Criticism and Violation Reporting

iHub desires to provide its Affiliates with the best services possible. Accordingly, iHub values constructive criticism and encourages the submission of written comments addressed to Company leadership at [email protected]. However, negative and disparaging comments about the Company or other iHub Affiliates or any of iHub’s business partners, including Gig Workers, Anchor Accounting or other similar businesses calculated to dampen the enthusiasm of other iHub Affiliates, or potential clients or to disparage iHub, its iHub Affiliates or business partners, either intentionally or unintentionally, represent a material breach of this Agreement and may be subject to sanctions, up to termination of this Agreement immediately notwithstanding the 30 days’ notice provision above, as deemed appropriate by the Company.

Company also values its brand, its business, and the success of its independent iHub Affiliates. Any iHub Affiliate who observes or may be aware of another conducting business in a manner that would constitute a violation of this Agreement or any other agreement that one may have with the Company is strongly encouraged to report such violations at: [email protected].

When possible, it is requested that violations being reported include:

(i)               Specific facts to support the allegations;

(ii)              Specific sections of which policies may have been violated;

(iii)             Dates;

(iv)             Individuals or entities involved; and

(v)              Any other information that the reporting individual deems applicable to the particular event and would be appropriate for the Company to know in order to perform a full investigation of the matter.

12.       Non-Competition

During the term of this Agreement, any iHub Affiliate must not make business referrals or participate in any SETC refund or credit program which is competitive with the iHub SETC Program.

13.     Non-Solicitation

You agree that during the period while you are an iHub SETC Affiliate, you will not encourage, solicit, or otherwise attempt to persuade any iHub Affiliate or any potential eligible business to utilize any SETC accounting or other services company other than GWS and Anchor Accounting.

14.     Modification of Terms

Because federal, state, and local laws, as well as the business environment, periodically change, iHub reserves the right to amend this Agreement, the iHub SETC Compensation Plan, and any other agreement between iHub and iHub SETC Affiliate in its sole and absolute discretion.

This section does not apply to the Arbitration clause. The Arbitration clause can only be modified by way of mutual consent of both parties.

Notification of amendments shall appear on the iHub website and in Official iHub  materials. Any such amendment, change, or modification shall be effective thirty (30) days following one of the following communication methods (unless exigent circumstances require immediate effectiveness of such amendment):

(i)  Posting on the Official iHub corporate website;

(ii) Electronic mail (e-mail); or

(iii) In writing through other iHub communication.

It is the responsibility of each iHub SETC Affiliate to maintain current records of these modifications and to provide any prospective iHub Affiliates with the latest versions. It is also the responsibility of each iHub Affiliate to maintain updated personal records so that iHub has the ability to notify the iHub SETC Affiliate of any changes or to contact the iHub SETC Affiliate for any other matters regarding their affiliation with Company.

15.     Termination

In the event of a material breach of this Agreement, iHub reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any rewards, referrals or other remuneration derived through your sales/referrals; provided, however, that any referral fees earned by the iHub SETC Affiliate and thereafter paid to iHub by GWS/Anchor Accounting shall be paid in accordance with this Agreement and the iHub SETC compensation plan.

iHub reserves the right to terminate all iHub SETC Affiliate Agreements upon thirty (30) days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via Affiliate channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

  1. Voluntary Termination

An Affiliate may immediately terminate their Agreement by submitting a written notice, via support ticket at https://app.ihub.global/support/ticket

The notice must include:

(i) The Affiliate’s intent to terminate this Agreement;

(ii) Date of termination requested;

(iii) Affiliate number;

(iv) A reason for terminating;

(v) Signature;

(vi) Valid email to receive Company response.

iHub will respond to the Affiliate’s notice of voluntary termination via email to the email address provided in the termination notice within twenty-four (24) hours. No termination is effective until iHub responds, thus sending the notice is not, in itself, sufficient to complete termination. As a result, any Affiliate who wishes to terminate this Agreement should save the initial termination notice and forward it to Company if the Affiliate receives no response within the twenty-four (24) hour time-period. The termination will go into effect thirty (30) days following its acknowledgement by Company, unless Affiliate wishes to make the termination effective immediately and forfeit all commissions and other outstanding payouts Company may owe to Affiliate. Since iHub does not approve sponsorship changes, Affiliates who request to cancel their account must wait 6 months to re-enroll.

 b. Involuntary Termination

iHub reserves the right to terminate an iHub SETC Affiliate with cause for the following reasons:

(i) Violation of ANY of the agreements between the iHub SETC Affiliate and Company including but not limited to: this Affiliate Agreement, the Electronic Signature Affiliate Application, the Privacy Notice, and thw Terms of Use;

(ii) Violation of any applicable law, regulation, ordinance or the like in relation to or in the participation of being an iHub SETC Affiliate; and

(iii) Conduct that Company determines to be detrimental to the Company opportunity or the success of other iHub SETC Affiliates and the continuation of the Affiliates participation in the program is no longer necessary.

This is not an exhaustive list and Company may present further rationale, in its discretion, that termination is valid for a particular Affiliate. In such a case, the Dispute Resolution provision would be the appropriate mechanism for an Affiliate who so wishes to challenge such involuntary termination.

Termination will go into effect thirty (30) days from the day in which Company initiated termination.

16.     Independent Contractor Status

An iHub SETC Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each iHub Affiliate’s success depends on his or her independent efforts and no particular result is guaranteed. No agreement between Company and its iHub Affiliates creates an employer/employee relationship, agency, partnership, or joint venture between Company and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind Company to any obligation or to make any commitments by or on behalf of the Company.

As a self-employed independent contractor, you will be operating your own independent business seeking out self-employed individuals who can be referred to iHub and GWS/Anchor Accounting who might qualify for, and be eligible to receive, SETC refunds or tax credits.

You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. In the event you earn over $600 in a calendar year, you will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.

17.     Promoting the SETC Program

You agree to make no representations or claims about the SETC, iHub’s SETC Program, or an individual’s potential SETC refund or credit beyond those in the iHub SETC Program marketing materials and literature. This includes any form of puffery or the like as iHub (including all of its affiliated companies) takes its reputation very seriously and will not permit any type of misrepresentations about iHub, GWS, Anchor Accounting or participation in the SETC opportunity. The actions of one Affiliate can have a detrimental impact on iHub, other Affiliates, and the entire opportunity. It must be emphasized that the only involvement of an iHub Affiliate is making referrals of self-employed individuals who may be eligible for SETC refunds or tax credits.

18.     Taxes

iHub SETC Affiliates will receive a 1099-MISC statement for tax purposes. The 1099 will reflect all income received from iHub.

19.     Errors or Questions

If an Affiliate has questions about or believes any errors have been made regarding earned referral fees, commissions, bonuses, or charges, the Affiliate must notify the Company (and the Company will notify iHub Inc., if appropriate) in writing within thirty (30) days of the date of the purported error or incident in question. iHub will not be responsible for any errors, omissions, or problems not reported to the Company within thirty (30) days.

20.     Use of Sales Aids

While promoting the SETC Program, Affiliates must use the sales aids and support materials produced by iHub or GWS/Anchor Accounting. If iHub Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting an iHub business. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of iHub and its products, and that of iHub’s referral partners, including, without limitation, GWS and Anchor Accounting.

An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval from Company. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party websites, Web pages, or blogs.

21.        Intellectual Property

Each iHub SETC Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by iHub or GWS/Anchor Accounting must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of iHub (including of any iHub affiliated company), each of its product names and other names that have been adopted by iHub in connection with its business are proprietary trade names, trademarks and service marks of iHub. As such, these marks are of great value to iHub and are supplied to iHub SETC Affiliates for their use only in an authorized manner.

 22.         Proprietary Information, Business Reports, Lists

By completing and signing this Agreement and agreeing to comply with the iHub SETC Program terms of service, you acknowledge that Business Reports, lists of potential businesses and Affiliates names and contact information, and any other information which contains financial, scientific, technical or other information both written or otherwise circulated by iHub pertaining to the business and products or services of iHub (collectively, “Reports”), are confidential and proprietary information and trade secrets belonging to iHub.

23.      Jurisdiction and Governing Law

The formation, construction, interpretation, and enforceability of your contract with iHub as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Florida without regard to conflict of law provisions.

24.        Contract

This Agreement can be executed online (including via iHub’s website), by email or by an electronic signature.

25.     Disputes

          a. Mediation

If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) Business Days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) Business Days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone or any other electronic means, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. At any time twenty (20) Business Days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to JAMS for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding thereto to JAMS. In such case, the parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.

          b. Arbitration

Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final, binding arbitration before a single arbitrator in Vero Beach, Florida, in accordance with the then- prevailing Comprehensive Arbitration Rules of JAMS, Inc. No party may commence Arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, as provided herein, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) Business Days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as an arbitrator in the case. The parties understand and agree that if the arbitrator or arbitral panel awards any relief that is inconsistent with the Limitation of Liability provision in this Section herein, such award exceeds the scope of the arbitrator’s or the arbitral panel’s authority, and any party may seek a review of the award in the exclusive jurisdiction and venue of the federal and state courts of the State of Florida residing in the City of Vero Beach, Indian River County, Florida.

          c. Class Action Waiver

THE NEGOTIATION, MEDIATION OR ARBITRATION OF ANY DISPUTE SHALL BE LIMITED TO INDIVIDUAL RELIEF ONLY AND SHALL NOT INCLUDE CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. IN ANY ARBITRATION OF A DISPUTE, THE ARBITRATOR OR ARBITRAL PANEL SHALL ONLY HAVE THE POWER TO AWARD INDIVIDUAL RELIEF AND SHALL NOT HAVE THE POWER TO AWARD ANY CLASS, COLLECTIVE OR REPRESENTATIVE RELIEF. THE PARTIES UNDERSTAND AND AGREE THAT EACH IS WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.

To the fullest extent allowed by law: 1) the costs of negotiation, mediation and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by Affiliate, on the one hand, and Company and any Related Parties involved on the other, except where applicable law requires that Company bear any costs unique to arbitration (which Company shall bear); and 2) the arbitrator or arbitral panel or, in the case of provisional or equitable relief or to challenge an award that exceeds arbitral authority as described in this Section, the court, shall award reasonable costs and attorneys’ fees to the person or entity that the arbitrator, arbitral panel, or court finds to be the prevailing party; provided, however, that if fees are sought under a statute or rule that sets a different standard for awarding fees or cots, then that statute or rule shall apply.

Nothing in this Agreement shall prevent Company from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Company’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

d.  Limitation of Liability

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL AN AFFILIATE OR COMPANY (INCLUDING ANY OF ITS RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE AFFILIATE AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING BUT NOT LIMITED TO THE COMPANY SERVICES, THE PROGRAM, COMPANY MARKETING MATERIALS OR COMPANY BUSINESS SUPPLIES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE AFFILIATE OR COMPANY (OR ANY OF ITS RELATED PARTIES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT GIVE EFFECT TO LIMITED LIABILITY OR EXCULPATORY CLAUSES, THIS PROVISION IS NOT APPLICABLE. IN JURISDICTIONS THAT ALLOW FOR EXCULPATORY OR LIMITED LIABILITY CLAUSES IN A LIMITED MANNER, THIS PROVISION IS APPLICABLE TO THE FULLEST EXTENT ALLOWED BY THE LAW OF SUCH JURISDICTION.

AFFILIATE AGREES THAT IF AN ARBITRATOR WERE TO AWARD DAMAGES, THE AFFILIATE WOULD BE ENTITLED TO RECEIVE NO MORE THAN THE PRICES PAID FOR THE PRODUCTS OR SERVICES COMPANY HAD PROVIDED AFFILIATE AT THE TIME THE DISPUTE AROSE.

26.     Indemnification

An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Company products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Company and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.

27.     Consent to Electronic Communications

By using this website your agree and consent to receiving certain electronic communications from us as further described in our Privacy Policy. Communications sent to our members will be done so from an official iHub Global email address such as [email protected]. Further communications may be sent via SMS text messages from one of the following phone numbers:

+18449757979, +18443973803

Program Description

Subscribers will receive important recurring messages from iHub regarding corporate announcements and new products.

To opt-in, Text JOIN to 18332236406. You will receive recurring messages. Msg&data rates may apply. To opt-out, Text STOP to 18332236406. An opt-out confirmation message will be sent back to you. To request support, Text HELP to 18332236406 or email us at [email protected]. Text messages are sent from an autodialing system. Participation is not required for the purchase of goods or services. Subscribers will receive an SMS message if their device does not support MMS.

Privacy Policy

Please click on the following link to view our privacy policy.

Supported Carriers

This program is supported by Alltel, AT&T, Boost, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile, MetroPCS, and U.S. Cellular. Products & services are compatible with AT&T handsets. T- Mobile is not liable for delayed or undelivered messages.

28.     iHub Endorses the Following Code of Ethics:

iHub SETC Affiliates must show fairness, tolerance, and respect to all people affiliated with iHub, regardless of race, gender, social class or religion;

iHub SETC Affiliates must contribute to and foster an atmosphere of positivity, teamwork, good morale and community spirit.

iHub SETC Affiliates shall strive to resolve business issues, including situations with Upline and Downline members through tact, sensitivity, and good will.

iHub SETC Affiliates must be honest, responsible, professional and conduct themselves with integrity.

iHub SETC Affiliates shall never disparage iHub or any or iHub’s affiliated companies, other iHub SETC Affiliates, iHub’s employees or management, iHub’s referral partners, including Gig Workers and Anchor Accounting, other product suppliers or agents, products, services, sales and marketing campaigns, or the iHub SETC Compensation Plan, or make statements that unreasonably offend, mislead or coerce others.

iHub may take appropriate action against any iHub SETC Affiliates if it determines, in its sole discretion, that the Affiliates’ conduct is detrimental, disruptive, or injurious to iHub, or any or iHub’s affiliated companies, other iHub SETC Affiliates, iHub’s employees or management, iHub’s referral partners, including Gig Workers and Anchor Accounting, or any other business partners. 

 

29.     iHub Products, Subscription, and No-Refund Policy

All Sales Are Final

Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products or services sold through iHub Global or any of its affiliated companies (an “Affiliated Company”).

Non-Refundable Items or Services

All items or services purchased from iHub Global or any of its Affiliated Companies are non-refundable unless otherwise specified in writing by iHub Global or its applicable Affiliated Company. This policy applies but is not limited to:

  • Digital Products
  • Gift Cards
  • Software Licenses
  • Subscription Services
  • Custom-made Items
  • Sale Items

You understand, agree and authorize iHub Global or its Affiliated Company to bill your credit card or bank account for purchases that you have made through the iHub Global or Affiliated Company website or app. iHub Global or Affiliated Company purchases on your Bank Statement will be shown as "iHub Global" or other Statement Descriptors from it's Affiliated Companies. All terms, conditions apply.

You also understand and agree to this Terms of Service and accept and agree that is it against iHub Global's and its Affiliate Companies’ Terms of Service to make a credit card charge-back via your banking provider for any transaction from iHub Global or its Affiliated Company, and by doing so iHub Global and its Affiliated Companies retain the right to terminate any account at their discretion. iHub Global and its Affiliated Companies retain the right to recoup associated chargeback fees and fines from any due commission or payments.

How to Contact Us
For any questions or concerns regarding this No Refund Policy, please submit a support ticket here: https://app.ihub.global/support/ticket. We reserve the right to modify this No Refund Policy at any time, effective upon posting of an updated version on our website. Please regularly check this TOS for updates.

 


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