Affiliates Partners Agreement

EFFECTIVE DATE OF THESE TERMS AND CONDITIONS: January 1, 2025

1. The monthly charge for Home Biz Book is $19.95 per month and this charge must be maintained every month to receive affiliate commissions for the previous month commissionable payouts.

2. I understand that all commissions will be paid via PayPal on or about the 5th of the following month for the previous month commissions, I also agree that I currently have or will set up a PayPal account before the next commission run to receive my commission.

3. I understand that I must submit an IRS form 1099 each year if my Home Biz Books Affiliate commissions reach $600.00. I further understand that if I do not submit an IRS Form 1099, my Affiliate Agreement and Affiliate status can be cancelled and I will lose my right to receive Affiliate commissions.

4. I understand that as an Independent Affiliate for Home Biz Books, Inc.("Home Biz Books" or "Company"):
1. I have the right to invite others to become Home Biz Books subscribers and/or independent Affiliates according to these Terms and Conditions.
2. I have the right to earn commissions pursuant to the Home Biz Books Affiliate Compensation Plan.

5. I am at least 18 years of age.

6. I agree to present the Home Biz Books Compensation Plan and services in compliance with Home Biz Books Policies and Procedures.

7. I agree that as a Home Biz Books Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Home Biz Books. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF HOME BIZ BOOKS FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON, AND THAT HOME BIZ BOOKS SHALL NOT WITHHOLD ANY SUMS FOR UNEMPLOYMENT SECURITY OR WORKERS COMPENSATION. Home Biz Books is not responsible for withholding, and shall not withhold or deduct from my commissions, if any, FICA, or taxes of any kind.

8. I have carefully read and agree to comply with the Home Biz Books Policies and Procedures and the Home Biz Books Compensation Plan, both of which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the "Agreement"). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for Affiliate commissions from Home Biz Books. I understand that the Home Biz Books Policies and Procedures and/or the Home Biz Books Affiliate Compensation Plan may be amended at the sole discretion of Home Biz Books, and I agree to abide by all such amendments. Notification of amendments shall be posted on Home Biz Books website. Amendments shall become effective 30 days after publication. The continuation of my Home Biz Books business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments

9. In the event of cancellation or termination, I waive all rights I have, including but not limited to property rights, to my former Affiliate organization and to any commissions or other remuneration derived through the sales and other activities of my former Affiliate organization. Home Biz Books reserves the right to terminate all Affiliate Agreements upon 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 and/or services via direct selling and/or affiliate channels. Affiliate may cancel this Agreement at any time, and for any reason, upon written notice to Home Biz Books at its principal business address.

10. This Agreement is transferable. I understand that to transfer or assign the Agreement to another party without the express written consent of Home Biz Books renders the Agreement void and shall result in termination of my Home Biz Books Affiliate Agreement and the loss of all rights to compensation under the Affiliate Compensation Plan.

11. I understand that if I fail to comply with the terms of the Agreement, Home Biz Books may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures.

12. I understand that neither Party shall be liable for claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Home Biz Books and its affiliates from all liability arising from or relating to the promotion or operation of my Home Biz Books business and any activities related to it (e.g., the presentation of Home Biz Books products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Home Biz Books for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in promoting the Home Biz Books Affiliate program.

13. I understand that the Agreement, in its current form and as amended by Home Biz Books at it discretion, constitutes the entire contract between Home Biz Books and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.

14. I understand that any waiver by either Party of any breach of the Agreement must be in writing and signed by authorized representatives of each Party. I understand that only an officer of Home Biz Books acting within the scope of his or her authority can be an authorized Party. I understand that a waiver by Home Biz Books or me for any breach of the Agreement shall not operate or be construed as a waiver of any subsequent breach.

15. I agree that if any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

16. I understand and agree that this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to principles of conflicts of laws. In the event of a dispute between Home Biz Books and me that arises from or relates to the Agreement, or the rights and obligations of either Party, I understand that the Parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Home Biz Books shall not be obligated to engage in mediation as a prerequisite to disciplinary action against me or any other Affiliate. If the Parties are unsuccessful in resolving their dispute through mediation, the dispute and shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures. Notwithstanding the foregoing, either Party shall be entitled to bring an action before the courts residing in Westmoreland County, Commonwealth of Pennsylvania, or the United States District Court for the Southern District of Pennsylvania seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights, prior to filing any mediation or arbitration.

17. The Parties consent to exclusive jurisdiction and venue before any federal or state court in Westmoreland County, Commonwealth of Pennsylvania, or the United States District Court for the Southern District of Pennsylvania, for purposes of enforcing an award by an arbitrator, an action by Home Biz Books for equitable relief, or any other matter not subject to arbitration.

18. If either Party wishes to bring an action against the other for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims for such act or omission. The Parties waive all claims that any other statute of limitations applies.

19. I have carefully read the terms and conditions of this Application and Agreement, the Home Biz Books Policies and Procedures, and the Home Biz Books Affiliate Compensation Plan, and agree to abide by all terms set forth in this agreement. I understand that I have the right to terminate my status as a Home Biz Books independent Affiliate at any time, with or without reason, by sending written notice to the Company at the above listed address or via the contact page of this website.