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Independent D4E-AGENT Agreement:
This Agreement is made between Legal Digital Advisor – dba Digital Documents Advisors ("DDA") with a principal place of business at Allen, Texas and the person which information has input in www.documentsforever.com and www.docs4ever.com websites as a candidate to be a D4E-AGENT that is executing this Agreement ("D4E-AGENT"), with a principal place of business at the state that has input in www.documentsforever.com and www.docs4ever.com websites. 1. Services to Be Performed D4E-AGENT agrees to perform the services described in Exhibit A, which is attached to this Agreement. 2. Payment In consideration for the services to be performed by D4E-AGENT, DDA agrees to pay D4E-AGENT at the following rates: established for each type of transaction at www.documentsforever.com and www.docs4ever.com websites. D4E-AGENT shall be paid seven labor days after D4E-AGENT perform the transaction charging the D4E Client for the D4E Services rendered (Exhibit A). 3. Expenses D4E-AGENT shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, personal computer, laptop computer, tablet or cell phone expenses; meals; and expenses, to complete the work under this Agreement. 4. Vehicles and Equipment D4E-AGENT will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. DDA will not require D4E-AGENT to rent or purchase any equipment, product, or service as a condition of entering into this Agreement. 5. Independent D4E-AGENT Status D4E-AGENT is an independent Contractor, and D4E-AGENT shall not be deemed, DDA's employees. In its capacity as an independent Contractor, D4E-AGENT agrees and represents, and DDA agrees, as follows: • D4E-AGENT has the right to perform services for others during the term of this Agreement. • D4E-AGENT has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. D4E-AGENT shall select the routes taken, starting and quitting times, days of work, and order the work is performed. • D4E-AGENT shall receive any training from DDA in the use D4E Services, to perform the services required by this Agreement. • D4E-AGENT shall receive any training from DDA in the professional skills necessary to perform the services required by this Agreement. 6. Business Licenses, Permits, and Certificates D4E-AGENT represents and warrants that D4E-AGENT will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement. 7. State and Federal Taxes DDA will not: • withhold FICA (Social Security and Medicare taxes) from D4E-AGENT's payments or make FICA payments on D4E-AGENT's behalf • make state or federal unemployment compensation contributions on D4E-AGENT's behalf, or • withhold state or federal income tax from D4E-AGENT's payments. • D4E-AGENT shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if D4E-AGENT is not a corporation, self-employment (Social Security) taxes. Upon demand, D4E-AGENT shall provide DDA with proof that such payments have been made through a 1099-MISC. 8. Fringe Benefits D4E-AGENT understands that D4E-AGENT are not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of DDA. 9. Unemployment Compensation DDA shall make no state or federal unemployment compensation payments on behalf of D4E-AGENT. D4E-AGENT will not be entitled to these benefits in connection with work performed under this Agreement. 10. Workers' Compensation DDA shall not obtain workers' compensation insurance on behalf of D4E-AGENT. 11. Insurance DDA shall not provide insurance coverage of any kind for D4E-AGENT shall obtain the following insurance coverage and maintain it during the entire term of this Agreement: • Automobile liability insurance for each vehicle used in the performance of this Agreement -- including owned, non-owned, leased, or hired vehicles for bodily injury and property damage. • Comprehensive or commercial general liability insurance coverage, including coverage for bodily injury, personal injury, broad form property damage, contractual liability, and cross-liability. D4E-AGENT shall provide DDA with proof insurance. 12. Indemnification D4E-AGENT shall indemnify and hold DDA harmless from any loss or liability arising from performing services under this Agreement. 13. Term of Agreement This agreement will become effective when D$E-AGENT check the acceptance of this contract inside www.documentsforever.com and will terminate: • when D4E-AGENT in written communicate to DDA his/her intention to terminate it. • when DDA decide to end the contract with D4E-AGENT. 14. Terminating the Agreement With reasonable cause, either DDA or D4E-AGENT may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: • a material violation of this Agreement, or • any act exposing the other party to liability to others for personal injury or property damage. 15. Exclusive Agreement This is the entire Agreement between D4E-AGENT and DDA. 16. Modifying the Agreement This Agreement may be modified by DDA and informed to the D4E-AGENT by email. 17. Resolving Disputes If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Collin County, TX. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Collin County, TX. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. 18. Confidentiality D4E-AGENT acknowledges that it will be necessary for DDA to disclose certain confidential and proprietary information to D4E-AGENT in order for D4E-AGENT to perform duties under this Agreement. D4E-AGENT acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm DDA. Accordingly, D4E-AGENT will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of DDA without DDA's prior written permission except to the extent necessary to perform services on DDA's behalf. Proprietary or confidential information includes: • the written, printed, graphic, or electronically recorded materials furnished by DDA for D4E-AGENT to use • any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that DDA makes reasonable efforts to maintain the secrecy of • business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information • information belonging to customers and suppliers of DDA about whom D4E-AGENT gained knowledge as a result of D4E-AGENT's services to DDA, and Upon termination of D4E-AGENT's services to DDA, or at DDA's request, D4E-AGENT shall deliver to DDA all materials in D4E-AGENT's possession relating to DDA's business. D4E-AGENT acknowledges that any breach or threatened breach of Clause 18 of this Agreement will result in irreparable harm to DDA for which damages would be an inadequate remedy. Therefore, DDA shall be entitled to equitable relief, including an injunction, in the event of such breach or threatened breach of Clause 18 of this Agreement. Such equitable relief shall be in addition to DDA's rights and remedies otherwise available at law. 19. Proprietary Information. A. The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress and deliverables will be the sole property of the DDA, and D4E-AGENT hereby assigns to the DDA all right, title and interest therein, including but not limited to all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights and other proprietary rights therein. D4E-AGENT retains no right to use the Work Product and agree not to challenge the validity of the DDA’s ownership in the Work Product. B. D4E-AGENT hereby assigns to the DDA all right, title, and interest in any and all photographic images and videos or audio recordings made by the DDA during D4E-AGENT’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. C. The DDA will be entitled to use D4E-AGENT’s name and/or likeness use in advertising and other materials. 20. No Partnership This Agreement does not create a partnership relationship. D4E-AGENT does not have authority to enter into contracts on DDA's behalf. 21. Assignment and Delegation D4E-AGENT may not assign or subcontract any rights or delegate any of its duties under this Agreement without DDA's prior written approval. 22. Applicable Law This Agreement will be governed by Texas law, without giving effect to conflict of laws principles. EXHIBIT A: Description of Services to be Performed: Assistance with clients to preserve important documents in a protected, tamperproof, legal digital document permanent storage, creating a Controlled Chain of Custody, in the following manner: (Within this Exhibit A, the terms Client, User, Originator, and Authorized Person may be used interchangeably depending upon the circumstances.) FOR UPLOADING DOCUMENTS Step 1: Fill out the “Service Order” and notarize the Client’s signature. The “Service Order” is how the Client will be requesting of the D4E Agent to upload a document The client’s signature must be notarized by you acting as a Notary. Step 2: Preparing and scanning the Document, for which a smartphone is required: a) Start the CamScanner App b) Touch the camera picture c) Touch the Single Mode button d) Redefine the borders of the page if it is needed. Touch the bubbles on borderline of the document to adjust the perimeter e) The page will be adjusted after you touch the “ok” button Scan all the pages of the document to be stored, one at a time, starting with the D4E Service Order, using the camera button. f) Transforming the scanned pages to a PDF Download the PDF file to the DOWNLOAD FOLDER g) Download the PDF (containing the D4E Service Order and the Client’s Document to be stored. (To prepare to Download from the CamScanner, touch the three “vertical periods” image at the top right of your screen.) Choose the Download option. Touch the PDF button Select the Drive PDF Viewer Choose the Download option Step 3: Start DocumentsForever Depending on the operating system in your Smartphone you will be accessing D4E Services using different versions of the service. Step 4: User Selection and Authorization. Select the UPLOAD DOCUMENT button, to start the process of uploading a document to storage in the D4E Service. If the customer doesn't have a D4E user account, the agent can generate a new account to him/her and then proceed with the uploading process. Instructions will be sent to the customer to complete the activation of the new account. The agent will select the users’ account and the system will ask the user to input his/her password to give confirmation to this procedure. Step 5: Upload the Scanned Document All the fields of the form must be completed with the information requested: • Document Name and Notes. • Document Conditions: Open date and Open Condition. • Authorized Persons Browse the file (documents) to be uploaded. Step 6: Information Review. The user and agent should review all the information before uploading the document to the D4E Service. Step 7: Client Payment Process The Agent will request the Credit Card from the Client and will input the Credit Card information into DocumentsForever Payment Portal After this step the document will be stored, and the chain of custody certificate will be generated. After the payment is made, you must click the “RETURN TO D4E” button to have access to the Chain of Custody Certificate. The payment episode will be closed 1 minute after payment is made. Step 8: D4E Chain of Custody Certificate. Once everything has been completed in the upload process, the D4E agent can now show a Certificate to the user, which can be printed and sent to his/her email account. For Privacy and Liability reasons, after executing the uploading process we strongly recommend deleting the images from the CamScanner file space (you access to CamScanner and delete the images) and the PDF located inside the Download folder (use File Manager to delete this file). FOR DOWNLOADING DOCUMENTS Step 1: Start DocumentsForever. Depending on the operating system in your Smartphone you will be accessing D4E Services using different versions of the service. Step 2 User Selection and Authorization. Select the UPLOAD DOCUMENT button, to start the selection process of uploading a document to storage in the D4E Service. If the customer doesn't have a D4E user account, the agent can generate a new account to him/her and then proceed with the uploading process. Instructions will be sent to the customer to complete the activation of the new account. The agent will select the users’ account and the system will ask the user to input his/her password to give confirmation to this procedure. Step 3: Inserting a File Code for Downloading. If a user is an Authorized Person, he/she will receive an email with a FILE ACCESS CODE. The Authorized Person will give the D4E Agent the CODE to access the requested document. Once the D4E Service validates the code, it will give access to the document. Step 4: Client Payment Process The Agent will request the Credit Card from the Client and will input the Credit Card information into DocumentsForever Payment Portal After this step the document will be stored, and the Chain of Custody Certificate will be generated. Step 5: D4E Chain of Custody Certificate. Once everything has been completed in the upload process, the D4E agent can now show a Certificate to the user, which can be printed and sent to his/her email account. FOR DOWNLOADING DOCUMENTS WHERE THERE ARE “CONDITIONS” TO BE VALIDATED BEFOREHAND Step 1: Start DocumentsForever. Depending on the operating system in your Smartphone you will be accessing D4E Services using different versions of the service. Step 2 User Selection and Authorization At the homepage, select the VALIDATE CONDITIONS TO DOWNLOAD DOCUMENT button, to start the process. The Originator or Authorized person, (“user”), will give D4E Agent the information to find his/her recorded information. The D4E agent will select the user’s account and will request of the client (user/originator/Authorized Person) to access his/her information (id. and Password). Step 3: Inserting a File Code for Downloading If a user is an Authorized Person, he/she will receive an email with a FILE ACCESS CODE. The Authorized Person will give the D4E Agent the CODE to access the requested document. Step 4: Preparing and Scanning the Document a) Start the CamScanner App b) Touch the camera picture c) Touch the Single Mode button d) Redefine the borders of the page if it is needed. Touch the bubbles on borderline of the document to adjust the perimeter e) The page will be adjusted after you touch the “ok” button Scan all the pages of the document, one at a time, to be stored, starting with the D4E Service Order, using the camera button. f) Transforming the scanned pages to a PDF Download the PDF file to the DOWNLOAD FOLDER g) Download the PDF (containing the D4E Service Order and the Client’s Document to be stored. (To prepare to Download from the CamScanner, touch the three “vertical periods” image at the top right of your screen.) Choose the Download option. Touch the PDF button Select the Drive PDF Viewer Choose the Download option Step 5: Uploading the Document that complies with the defined CONDITION (if any). The user will provide the document that complies with the CONDITION established by the Originator EXAMPLE:” This document (Will) can be opened after my death” and in this case, this means that the Authorized Person(s) must present a death certificate. You must scan the requested document (using the Cam Scanner app) in order to generate a PDF file that can be uploaded, so the D4E Service will be in condition to deliver the original document. You, as D4E Agent, are the party responsible for determining if the CONDITION established by the Originator has been met, and if the document provided by the Authorized Person(s) complies with that CONDITION. Step 6: Client Payment Process The Agent will request the Credit Card to the Client and will input the Credit Card information into DocumentsForever Payment Portal After this step the document will be stored, and the Chain of Custody Certificate will be generated. Step 7: D4E Chain of Custody Certificate Once everything has been completed in the upload process, the D4E agent can now show a Certificate to the user, which can be printed and sent to his/her email account.
I agree to the terms and conditions.
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