U.S POLICIES AND PROCEDURES
Published on 11/2020 and effective 11/2020
1. INTRODUCTION
1.1 PURPOSE
This U.S Policies and Procedures document outlines policies and procedures for Yolo Activities Hawaii LLC Independent Contractors. The purpose of this document is:
- To set standards of acceptable business behavior expected of you
- To define your relationship with Yolo Activities Hawaii
- To assist you in building and protecting your business
1.2 TERMS
In this document Yolo Activities Hawaii LLC is referred to as “Yolo Activities Hawaii.” You, the individual entering the Agreement (as defined below), are referred to as “you.”
1.3 DOCUMENTS INCORPORATED INTO THE AGREEMENT
Throughout these U.S Policies and Procedures, whenever the term “Agreement” is used, it refers to the Yolo Activity Hawaii Independent Contractor Agreement, these U.S Policies and Procedures, the Yolo Activities Hawaii Privacy Policy, and the Yolo Activities Hawaii Compensation Plan (which includes the Terms and Definitions for the Compensation Plan and be referred to simply as the “Compensation Plan”). These documents constitute the Agreement in their current form and as amended by Yolo Activities Hawaii from time to time.
You agree that you must always abide by the laws and policies applicable to U.S members and that you must also comply with the laws and Yolo Activities Hawaii’s policies for the U.S in, where you are conducting business. You agree that Yolo Activities Hawaii’s policies for each market in which you conduct business are incorporated by reference into the Agreement and will govern your efforts in those states and with citizens of those states.
This privacy policy will provide information about how we process your information, with whom we share that information (if at all), and how to contact us if you have questions. By accessing or using any part of the Yolo Activities Hawaii sites or services, you agree to the collection and use of your personal information according to the terms set forth in this privacy policy.
1.4 AMENDMENTS
Yolo Activities Hawaii may amend the terms and conditions of the Agreement from time to time. The changes will become effective 30 days after first published by Yolo Activities Hawaii through official Yolo Activities Hawaii publications distributed to all active contractors or sent to the primary email address listed on your account. Amendments will be updated on application for Independent Contractor's via website.
By executing the Contactor Agreement, you agree to abide by all amendments or modifications that Yolo Activities Hawaii elects to make to the Agreement. If a contractor is not willing to accept any amendments or modifications, the member may voluntarily terminate his or her contract with Yolo Activities Hawaii in accordance with section 11.4 by mailing notice no later than the effective date of an amendment or modification. Any continued business, ordering, acceptance of a commission, or any other benefit by a contactor after the effective date of any amendments or modifications to this Agreement constitutes acceptance of this Agreement in whole with any and all amendments or modifications.
1.5 ETHICS
You are required to abide by the following Code Of Ethics in the Operation of your business organization. Violations of the Code of Ethics may result in termination of the Agreement. Yolo Activities Hawaii reserves the right to terminate contract based on break of contract and/or policies and procedures.
CODE OF ETHICS
- You will follow the highest standards of honesty, professionalism, and integrity while operating under this Agreement.
- You will not engage in activities that may cause losses to Yolo Activities Hawaii or another Contractor
- You will respect the privacy of both customers, contractors, and Yolo Activities Hawaii.
- You will abide by all rules, regulations, laws, and ordinances that are applicable to the operation of your business organization as an independent contractor.
2. BECOMING AN INDEPENDENT CONTRACTOR
To become an Independent Contractor, you must meet the following requirements:
- Read, complete, sign, and submit a Contractor Agreement to Yolo Activities Hawaii while completing enrollment.
- At least 18 years old.
- Must be legal to conduct business in the United States of America.
- If you are a business entity, provide a Federal Tax Identification Number (TIN) or Employer Identification Number (EIN).
- A Social Security Number is required for W9.
Yolo Activities Hawaii may reject your Contractor Agreement for any reason to the extent permitted by law.
You can submit your Contractor Agreement through the Yolo Activities Hawaii website (www.yoloactivitieshawaii.com).
3. OPERATING YOUR BUSINESS
3.1 INDEPENDENT CONTRACTOR STATUS
You are an independent sales contractor and are not a purchaser of a franchise or business opportunity. The Agreement between you and Yolo Activities Hawaii does not create an employer/employee relationship, agency, partnership, or joint venture. You will not be treated as an employee for your services or for federal or state tax purposes. You are responsible for paying local, state, and federal taxes due from all compensation earned as a member. You have no authority (expressed or implied) to bind Yolo Activities Hawaii to any obligation.
Yolo Activities Hawaii’s primary business is to advertise and sell activities for contracted vendors. Contractors primary business is to promote and market activities bought on theirs thru their personal Yolo Activities Hawaii Link. Contractors are not involved in any booking of Yolo Activities Hawaii Activities.
Except to the extent necessary to comply with legal requirements and/or to protect Yolo Activities intellectual property and brand integrity, Yolo Activities Hawaii does not exercise control over the manner or means by which contractors sell Yolo Activities Hawaii activities, operate their business, provided that members comply with the Agreement. Contractors are responsible for determining how, when, and where they will operate their business. Contractors have the potential of earning income as outlined in the Compensation Plan.
3.2 MULTIPLE ACCOUNTS
To ensure compliance with federal and state laws and regulations, a member may have a legal or equitable interest in only one member account. If Yolo Activities Hawaii find that you have unpermitted interest in multiple accounts, it will terminate the latter-created account(s).
3.3 ACTIONS OF MEMBERS
IF you encourage, aid, or support another to member to violate any provision of the Agreement then your behavior itself will be a violation of the Agreement, and Yolo Activities Hawaii may terminate its Agreement with you for that behavior.
3.4 TAXES
3.4.1 INCOME TAXES
You are responsible for complying with the tax laws in the jurisdiction where you reside. In the United States, you are responsible for paying all local, state, and federal income taxes on any earnings generated through your business organization. You must submit an Social Security Number (SSN), Federal Tax Identification Number (TIN), Employer Identification Number (EIN), or Individual Taxpayer Identification Number (ITIN) Yolo Activities Hawaii, as required by law, to ensure all tax regulations are met. Any fines or penalties incurred by Yolo Activities Hawaii because of an incorrect SSN, TIN, or name will be your responsibility, and you agree to reimburse Yolo Activities Hawaii for these costs. Every year Yolo Activities Hawaii will provide an IRS Form 1099 MISC (Non-Employee Compensation) earnings statement to you if you are a U.S resident who falls into one of the following categories:
- Had earnings over $600 in the previous calendar year
Customers are not required to provide any tax information. Changes to a SSN, TIN, EIN, or ITIN must be received via a completed W-9 form. The name and TIN on a members account must match IRS records. These forms must match the signature of the owner on the account. For tax reporting purposes, changes to these numbers will result in issuance of an additional 1099 in the same tax year. No previous 1099s may be reissued under the new SSN or TIN. Earnings made before the change will be reported on the original TIN. Earnings after any change will be recorded on the new TIN.
3.5 INNAPROPRIATE BUSINESS PRACTICES
3.5.1 TARGETING SELLERS
Yolo Activities Hawaii will not tolerate or condone the targeting of sales force of another direct sales company to become an Independent Contractor for Yolo Activities Hawaii. Nor does Yolo Activities Hawaii condone the solicitation or encouragement for direct sellers for another company to breach their contract with other company. If you engage is this activity, you are at risk of being sued. If any lawsuit, arbitration, or mediation comes about, alleging you have behaved inappropriately in regards to recruiting, Yolo Activities Hawaii will not pay any of your legal costs or fees.
3.5.2 BRIBERY
Independent Contractors may not pay or offer pay, or anything of value to government officials, government employees, political parties, candidates for office, for the purpose of obtaining an advantage or influencing government decisions.
3.6 CONFIDENTIALITY
As a contractor for Yolo Activity Hawaii, there may be instances where you are provided or come in contact with confidential or proprietary information. All confidential information, no matter the form, is provided with the confidence and solely in the purpose of your contract with Yolo Activities Hawaii. Any confidential information provided should be safeguarded and never disclosed to a third party, unless the disclosure is required by law. Independent Contractors should not use or disclose the information to compete with Yolo Activities Hawaii or for any other reason other than sharing the Yolo Activities Hawaii. Upon termination of contract, by either party, contractor must discontinue using any confidential information and destroy or return immediately. Yolo Activities Hawaii may further require a signed nondisclosure agreement before providing business information to contractor. In the event of termination, by either party, the obligations contained in this section survive. In the event that Yolo Activities Hawaii prevails in legal action, to ensure the rights in this section are upheld, Yolo Activities Hawaii will be entitled to all costs and fees incurred in enforcement.
3.7 AUTHORIZATION OF PHOTO OR VIDEO
As an Independent Contractor, you are consenting to have your image captured in photographs and/or videos by Yolo Activities Hawaii and if needed to have those images used by Yolo Activities Hawaii for advertising/marketing materials. Contractors will not be compensated for this usage. If you have a moral or religious objection, it will be your responsibility to notify the management of Yolo Activities Hawaii.
3.8 NON-EXCLUSIVITY
Yolo Activities Hawaii does not grant you any exclusive territory or rights to any sales channel for Yolo Activities Hawaii products. You will not be required to pay franchise fees.
3.9 NON-DISPARAGEMENT
Independent Contractors shall not disparage, slander, or defame Yolo Activities Hawaii or any of its contractors. You may give honest reviews of Activities provided by Yolo Activities Hawaii, either verbally or written, as long as its not misleading and honest feedback. Reviews by Independent Contractors must not be harassing, obscene, vulgar, or inappropriate to race, gender, or ethnicity. Violations could lead to termination of contract.
4. ADVERTISING
4.1 YOLO ACTIVITIES MATERIAL
Independent Contractors should strive to use provided website/materials from Yolo Activities Hawaii for activity knowledge and text. The information provided should be used in context so it doesn’t mislead potential customers.
4.2 CONTRACTOR MADE ADVERTISING MATERIALS & PRODUCTS
If you choose to create any materials that were not developed by Yolo Activities Hawaii, clearly identify that the material was created by an Independent Contractor, and have not been endorsed. All created materials must be compliant for all applicable laws and these policies and procedures. Materials should not reflect poorly on Yolo Activities Hawaii.
4.3 CLAIMS & REPRESENTATIONS
4.3.1 ACTIVITY CLAIMS
To ensure we are compliant with all federal and state laws, Contractors are prohibited from making any inaccurate or impermissible claims about any provided activities. Avoid making statements or claims are false and misleading around Yolo Activities Hawaii activities.
4.3.2 INCOME CLAIMS
Federal law prohibits contractors from engaging in direct sales by making any false or misleading claims around earnings, income, or lifestyles. You are prohibited from making improper income claims. This is includes but not limited to, testimonies, statements, or any other connections the Yolo Activities Hawaii business. This could be exaggerated incomes, lifestyles, or any other misleading information. An example would be, you cannot imply that you get early retirement or a large home by becoming an Independent Contractor for Yolo Activities Hawaii.
Do not mention Yolo Activities Hawaii in any social media posts suggesting luxurious lifestyles. You may not disclose the amount of commission you received from Yolo Activities Hawaii, including any images of your checks, bank account, or tax statements.
4.3.3 UNLAWFUL ADVERTISING
Independent Contractor is fully responsible for verbal and written statements about Yolo Activities Hawaii and activities provided. Independent Contractor is responsible for any false claims around the compensation plan. Independent Contractor agrees to indemnify any Yolo Activities Hawaii management or employees from any liability, including any judgements, civil penalties, refunds, attorney fees, and/or court costs. This will survive termination of Agreement.
4.4 TRADEMARKS/COPYRIGHTS
Photo’s or videos used on www.yoloactivitieshawaii.com may not used for any other purpose. Text used on www.yoloactivitieshawaii.com may not be used for any other purpose. Upon termination of Agreement, Independent Contracts must immediately cease use of Yolo Activities Hawaii trademarks and materials. You may not use Yolo Activities Hawaii name on any paid marketing or advertising.
4.5 DOMAIN NAMES/EMAIL ADDRESSES
If Independent Contractor chooses to create their own domain name, to link them to their Contractor URL, domain name must be submitted to Yolo Activities Hawaii for approval. You may not use or register any names associated with Yolo Activities Hawaii. Yolo Activities Hawaii will not be responsible for any associated costs. You may not use or register any emails for contract that is associated with the name Yolo Activities Hawaii.
4.6 INTERNET
Using the internet to promote business with link to Independent Contractor URL, (i.e. social media, blog) is acceptable. To stay compliant with federal and state laws, any website used to promote Yolo Activities Hawaii must display they are an Independent Contractor in visible location. This will ensure customer knows they are not currently on the official website.
Under no circumstance should the Independent Contractor obtain customer information via the internet. (email, phone number, payment etc.) When using Social Media, if the reflects Yolo Activities Hawaii, it must also include Independent Contractor.
Using images provided on www.yoloactivitieshawaii.com is prohibited.
Independent Contractors should not create a website to sell product for Yolo Activities Hawaii, but they are able to obtain a domain name to link to their Yolo Activities Hawaii dashboard. Management at Yolo Activities Hawaii may request to see web addresses, social media posts, or any other online content. Yolo Activities Hawaii may terminate a contract for violations to this section.
4.7 SITES
Selling or advertising activities for Yolo Activities Hawaii on a classified ad site (Craigslist), marketplace, auction site, or shopping site is prohibited. Nor can contractors have a 3rd party do this for them. Any compliance issues around this will result in termination of agreement. Yolo Activities Hawaii will be entitled to all reasonable attorney fees and related costs if violation ends in court ruling.
4.8 SOLICITATION
To ensure compliance with federal and state laws, and to protect the reputation of Yolo Activities Hawaii, any emails sent to solicit business must adhere to the CAN-SPAM Act. It must contain appropriate opt out options. Failure to do so could result in legal action. Contractors may not engage in telemarketing to promote Yolo Activities Hawaii.
4.9 MEDIA INQUIRIES
Do not respond to media inquiries on behalf or regarding Yolo Activities Hawaii. All inquires must be directed to Yolo Activities Hawaii management.
5. CONTRACTOR SALES REQUIREMENTS
5.1 PRODUCT SALES
All sales must be completed on www.yoloactivitieshawaii.com. Customers will receive receipt in email provided by Fare Harbor. It will provide sale date, amount of sale, and activity booked. Cancellation rights will be listed on website when purchasing the activity.
5.2 BOOKINGS
All bookings must be made on www.yoloactivitieshawaii.com by customer on their own personal device. Under no circumstance should Independent Contractor book activity for customer.
6. COMMISSION
6.1 COMMISSION
To qualify for earned commissions under the Compensation Plan, you must have an active contract with Yolo Activities Hawaii. All activities must be booked through contractors personal Yolo Activities Hawaii link. Commissions will be paid in accordance with compensation plan. After activity has been completed by customer, commission will to loaded on RAPID PAY card, as described in Compensation Plan.
6.2 STATEMENTS
You may access detailed payment reporting via Rapid Payment.
6.3 ERRORS OR QUESTIONS
Upon reviewing Commission statements, any errors or discrepancies must be reported to Yolo Activities Hawaii within 14 days. Errors or discrepancies that are not brought to Yolo Activities Hawaii attention within the 14 days will be deemed waived.
7. BOOKING ACTIVITIES
All activities can be booked 24 hours a day 7 days a week. All activities must be placed by customer on their own device. Under no circumstance should the Independent Operation collect any personal information for the customer or book an activity for the customer. All activities are booked on Yolo Activities Hawaii website through booking engine Fare Harbor.
8. PAYMENT
Credit Card
• Visa
• Mastercard
• American Express
• Discover
• Diners Club
• JCB
• Union Pay (when affiliated with Visa/Mastercard/Discover)
• Pre Paid Credit Cards
Gift Card
9. INDEPENDENT CONTRACTOR ACCOUNT MANAGEMENT
9.1 CHANGES TO ACCOUNT
All Independent Contractors must notify Yolo Activities Hawaii of any changes to information agreed to or personal information provided in contract. You may update existing information by submitting a request via email to info@yoloactivitieshawaii.com.
10. DISPUTE RESOLUTIONS & ACTIONS
10.1 DISPUTES W/ OTHER CONTRACTORS
If you have a complaint or issue with another Independent Contractor with Yolo Activities Hawaii, involving the business, first attempt should be to have a conversation with the Contractor. If its not resolved, report the problem to Yolo Activities Hawaii via email at info@yoloactivitieshawaii.com. The email should include specific instances and issues with improper conduct. Please include specifics around name, dates, times, and location of situation. Also, please include the name of any and all that were involved or witness to the situation at hand.
Upon receiving email, Yolo Activities Hawaii will look into the matter, conduct conversations with both parties, and when completed, will provide final decision.
10.2 DISPUTED WITH YOLO ACTIVITIES HAWAII
Disputes between Independent Contract and Yolo Activities will be governed by Hawaii State Law.
10.3 MEDIATION
Prior to instituting an arbitration with Yolo Activities Hawaii, both parties will meet in good faith and attempt to resolve any dispute relating to the Contract through nonbinding mediation. An individual who is acceptable to both parties will serve as the mediator. This meeting must take place within 45 days of the date that the mediator is chosen. Any fees or costs associated with this will be split evenly between the two parties. Fees must be paid at least 14 days in advance, prior to mediation. If either party choses to bring council, all attorney fees and cost will be paid by that deciding party. Any material, documents, or information exchanged throughout the mediation will be kept confidential and will not be admissible for any purpose in any legal proceeding. Mediation will be held in the state of Hawaii.
10.4 BREACH OF CONTRACT
Yolo Activities Hawaii reserves the right to terminate the Contract if an Independent Contractor breaks any terms and conditions in this Contract. Any allegations of a Contractor who may have breached the terms and conditions may/will lead to a investigation to determine what happened and what was breached in the Contract.
If Yolo Activities Hawaii determines a Contractor breached the contract, Yolo Activities Hawaii may terminate the Contract immediately. Breach of the Contract includes, but may not be limited to, the following:
- Violation of any federal or state laws or regulations
- Repeated breaches of the terms and conditions of Contract with Yolo Activities Hawaii.
- Obtaining private information from customer.
- Booking activity for a customer.
- Filing a lawsuit against Yolo Activities Hawaii that’s factually baseless or without legal foundation.
If Yolo Activities Hawaii determines that there has been a breach of contract, Yolo Activities Hawaii may provide Independent Contractor 14 days to appeal findings. Yolo Activities Hawaii will provide written documentation to the breaching Contractor on how they can appeal these findings and by which date it will need to be appealed.
Yolo Activities Hawaii may terminate Contract if the Contractor fails to appeal findings within 14 days of receiving notice. Examples of curative measures include, but are not limited to, one or more of the following:
- Yolo Activities Hawaii may require the Independent Contractor to provide a written statement correcting any misleading, deceptive, or false information about lifestyle, income, or compensation.
- Yolo Activities Hawaii may require the Independent Contractor to proceed with additional follow up to ensure no further breaches are made.
Through out the period of investigation into a breach, Yolo Activities Hawaii reserves the right to pause any commissions until investigation is completed. Yolo Activities Hawaii may pursue legal proceedings for monetary relief when appropriate.
10.5 APPEALS OF BREACH OF CONTRACT
In the instance that Yolo Activities Hawaii determines you are in beach of your Contract, you have 14 days to appeal the determination. The appeal must be in writing and received within 14 days of the date of notice. If the appeal is not received within 14 days, the determination of breach and the required action to cure the breach will be finalized. The appeal may be supported with any necessary documentation. Yolo Activities Hawaii will review the appeal and reconsider the determination. Final decision will be written and mailed to address of Independent Contractor.
11. INACTIVITY & CANCELLATION
11.1 INACTIVITY
If you do not have any activity for a period of 12 consecutive months, you Independent Contractor status will be deemed inactive.
11.2 REACTIVATION
If deemed inactive, and Contract has been terminated, you must submit a new Independent Contractor application.
11.3 INVOLUNTARY TERMINATION OF CONTRACT
If you contract was involuntary terminated, you will immediately lose all rights to Yolo Activities Hawaii website and commissions. If terminated, you will be notified by email and mail. Termination of Contract will be effective on the date the notice is issued. Immediately you must cease representing yourself as an Independent Contractor for Yolo Activities Hawaii. Immediately return any materials provided by Yolo Activities Hawaii. If contract is involuntarily terminated, you may resubmit Independent Contractor application in 12 calendar months. You must also submit a letter to Yolo Activities Hawaii on why you should be allowed to reenter in contract.
11.4 VOLUNTARY TERMINATION OF CONTRACT
Independent Contracts may voluntarily terminate their Contract at any time and for any reason by issuing a written notice that includes their name, signature, Contractor ID, email and telephone number.
12. MISCELLANEOUS
12.1 DELAYS
Yolo Activities Hawaii is not responsible for delays in performing obligations due to circumstances beyond its control. This includes, without limitation, acts of God, strikes, labor difficulties, riots, wars, fire, flood, death, quarantines, etc.
12.2 PARTIAL VALIDITY
If there are any amendments to the Contract or Policies and Procedures, due to being invalid or unenforceable, those portions will be severed. Remaining terms and conditions will stay in effect.
12.3 ENTIRE CONTRACT
This Contract, which is allowed to be amended when necessary, constitutes the agreement between the Independent Contractor and Yolo Activities Hawaii. Only a document signed by both parties may modify this Contract. An electric copy of the Contract will be treated as the original.
