(Broker/Company Sponsorship/License Packages)

The following is the list of fees and Terms & Conditions for signing up with UP Creative Marketing Assistant Sponsorship/License Service (UPMA-S), am independent contractor agreement with UP Creative, Inc. Terms and conditions govern use of, and subscription to, the UP Creative Marketing Assistant ("UP MA"), a service provided under an independent contractor agreement with UP Creative, Inc. under your employ through the use of its employees, agents or independent contractors (collectively referred to as "Company") Terms and Conditions ("Terms of Service") govern your access to and use of UPMA-S products, software, services, and web site (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By entering into an independent contractor agreement with UP Creative, Inc. under your company employ and accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

Monthly Billing Membership with 90-Day Mandatory Trial

Your UP Creative Marketing Assistant Sponsorship/License Service as an independent contractor employment contractor with UP Creative, Inc. (UPMA-S) is a monthly contract after the first 90-days from your 'start date' and you will be billed monthly to your credit card as UP Creative, Inc. at the following rates per month. Note – your rate is the one displayed.

(10 Monthly Task Plan Per License)

5+ Agent Sponsorship/License minimum = $300/License

10+ Agent Sponsorship/License minimum = $290/License

20+ Agent Sponsorship/License minimum = $275/License

25+ Agent Sponsorship/License minimum = $270/License

50+ Agent Sponsorship/License minimum = $220/License

(5 Monthly Task Plan Per License)

5+ Agent Sponsorship/License minimum = $199/License

10+ Agent Sponsorship/License minimum = $189/License

20+ Agent Sponsorship/License minimum = $175/License

25+ Agent Sponsorship/License minimum = $170/License

50+ Agent Sponsorship/License minimum = $145/License

The 'Minimum Sponsorship/License' is effective immediately, regardless of the number of licenses you begin with. You will be able to add and manage users and licenses through an administrative control panel you can log in with at www.UPCAssistant.com. On your Start Date each month, your credit card on file will be charged for the number of licenses that you have associated to your account at the rate specified in these Terms and Conditions. The rates schedule above will only reflect your chosen payment plan, i.e. which minimum license plan you chose and the others will be deleted in a copy of this Terms and Conditions provided to you after your successful agreement and enrollment have taken place for your records. You may not 'upgrade' your license plan due to increased license numbers. To qualify for a new rate, a new terms and conditions must be created by UP Creative, Inc. under mutual agreement. You will only be responsible for the basic 10-task or 5-task package service agreement per Sponsorship/License account. Any 5-task optional purchases by any agents under your Sponsorship/License program will be purchased and paid for individually by the agent's directly with no liability to you.

You will be billed monthly on the date of your activation date for the minimum license count or your actual license count (whichever is greater) each month. Your 'activation date' is defined as the date given when you sign and submit this contract and terms & conditions. Your credit card information is to remain on secure file with UP Creative through Authorize.net PCI compliant encryption services, and will be charged monthly on the activation date of each billing month reflecting those active users under your company ID as of that day, or the minimum license count of your contract (whichever is greater) An invoice will be sent to you via email each month reflecting 'paid' status and a summary of active licenses being used under your Company ID. You will be given access to a secure log in control panel where you may add and manage your Agent Sponsorship/License accounts. If you have a 50+ Agent or more Sponsorship/License package, you are also eligible for custom services added into the standard Master Services List for your company that the UP Creative Marketing Assistants will support exclusively for agents of your company under your Company ID. If such services exist, they will be outlined in the next paragraph titled: A. Custom Services

A. Custom Services: - Basic Terms

Your agreement is for an independent contractor employment contractor with UP Creative, Inc. and your company on a month-to-month term after the first 90 days from your 'start date' for each license under the minimum package until you cancel. Cancellations must be in writing through a 'support ticket'. A 'Support Ticket' is defined as calling, system chat, or system email into the UP Creative Marketing Assistant service and using the system to create an order for 'support'. There are no refunds or credits for memberships or licenses regardless of user usage.

You understand by agreeing to these Terms and Conditions for UPMA-S, you are entering and agree to a an independent contractor employment contract on a month-to-month contract basis after the first mandatory 90-day usage period at the rate of the agent Sponsorship/License package you selected. Agent Sponsorship/License packages must be chosen upfront and cannot be changed once selected, regardless of subscription numbers during your term. You will be billed for the minimum Agent Sponsorship/License amount at the rate of each Sponsorship/License outlined in your minimum package, plus all additional licenses beyond the minimum number, billed monthly under the chosen Sponsorship/License rate until you submit a written cancellation request that must be made in writing or chat using the system resources. Cancellation requests will be effective the following billing cycle and no refunds or credits are given on memberships. Cancellation requests simply cancel your subscription so you will not be charged the following month at the end of your current monthly subscription.

By entering into an Independent Contractor Employment Agreement for UPMA-S with UP Creative, Inc. you are bound by the legal requirements and terms of a 1099 independent employment contract within your state, county, and/or city and authorize UP Creative, Inc. to charge your credit card an immediate $1.00 charge for verification purposes, and then monthly for each license under the plan selected for the minimum license count or actual license count (whichever is greater) and retain your information in a 256 bit encrypted format for subsequent billing charges each month during your subscription period. You understand, accept, and agree to monthly billing charges being non-refundable and any cancellation requests are processed and credited towards the next billing cycle. You understand that the independent contractor employment contract is month to month outstanding until you cancel, or UP Creative, Inc. terminates service.

Basic Terms

  1. As your employee under an independent contractor agreement, you authorizes Company to:
    1. Access, utilize, manage, and edit the approved tools and services offered through the service in accordance with Subscriber’s specific authorization and directives; and
    2. Post and manage content on any 3rd party website, product, service, or social media systems in accordance with Subscriber’s specific authorization and directive
  2. You Acknowledge and accept that you are solely responsible for any content posted on your behalf by any representative or employee of the UPMA-S & under this independent contractor 1099 contract and for all users under your office ID and account.
  3. Company represents and warrants to Subscribers that:
    1. It is fully responsible for complying with all applicable PCI Data Security Standards.
    2. It and its employees, agents and independent contractors shall strictly maintain confidentiality in connection with all information provided to Company in connection with providing the Service, including but not limited to, marketing strategy, usernames, passcodes, and passwords.
    3. It shall comply with all applicable laws in connection with providing the Service
  4. You are responsible for your use of the Services and for any Content created by yourself or a UPMA-S representative on your behalf, and all users under your office ID and account. Your account (even if that Content is accessed or made available by others). You, and all users under your office ID and account, take all risks associated with the Services and any Content accessed or made available to others through your account. UP Creative, Inc. will not be held responsible for your use of the Services or for any such Content.
  5. The Term for each License/subscription as an independent contracted employee is to be billed monthly. Billing will begin for licenses on the activation date of service.
  6. Company is fully responsible for the acts or omissions of its employees, agents or independent contractors. Company warrants and represents that it (including its employees, agents or independent contractors) will only access Subscriber's accounts/tools to the extent authorized and will only perform those tasks as directed. Under no circumstance will Company incur any costs or expenses on behalf of Subscriber.
  7. UP Creative, Inc. may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice due to internet or IT issues.
  8. You acknowledge that the Services allow UPMA-S representatives to post to third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers") on your, and all users under your office ID and account, behalf. You, and all users under your office ID and account, agree to comply with the relevant terms and conditions of any such Third Party Service Provider. UP Creative, Inc. and any and all of its' employees agree to follow all 3rd party terms and conditions on your behalf as an independent contractor under your employ.
  9. Your, and all users under your office ID and account, access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and UP Creative, Inc. may (but has no obligation to) terminate your ability to access or use the Services at any time.
  10. Your credit card provided will be charged $1.00 immediately for verification purposes and execution of the independent contractor employment contract, then each month on the activation date beginning immediately for the active license count or minimum license count (whichever is greater) at the contract rate for that month. Licenses charges are calculated on the number of current active licenses on the billing day or the minimum count (whichever is greater).

Content

You, and all users under your office ID and account, understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. UP Creative, Inc. do not pre-screen Content on third party websites and cannot be responsible for the Content accessed or made available to others through the UPMA-S. UP Creative, Inc. and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. UP Creative, Inc. may (but has no obligation to) remove Content and accounts containing Content that UP Creative, Inc. determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that UP Creative, Inc. determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).

The UPMA-S is an online support system that is subject to the limitations of the Internet, ISP providers, and server support and constraints. UPMA-S is expected to be live and functioning 95% of the time but outages, server and ISP issues do present themselves and at times the UPMA-S system may be unavailable. Outages will not exceed 24 hours and 'outages' are defined as system failure or redirect

Sliding Social is an online support system that is subject to the limitations of the Internet, ISP providers, and server support and constraints. UPMA-S is expected to be live and functioning 95% of the time but outages, server and ISP issues do present themselves and at times the UPMA-S system may be unavailable. Outages will not exceed 24 hours and 'outages' are defined as system failure or redirect.

Viewing and Updating Your Information

At any time, you may edit your billing information by creating a support ticket through email or chat using the UPMA-S system, or by snail mail to UP Creative Technologies, 16835 Algonquin Street Suite #480 Huntington Beach, Ca. 92649.

Contact

If you have any questions, concerns, or suggestions regarding our Terms and Conditions, please contact support@upcassistant.com