Monday, 7 May 2018

Application for Independent Producer by Emelino T Maestro

1. Read the attached Application
2. Ask for PDF file
3. Print 3 copies
4. Place needed information
5. Sign
6. Serve to ETM
7. Secure duly approved copy
8. Start working

I, whose legal name and true signature appear herein, knowingly prepared, verified, executed this legal document and accept and understand its terms and conditions.
When used herein, the pronouns ‘I, me, mine and my’ and ‘you, yours, and your’ shall refer to the INDEPENDENT PRODUCER and EMELINO T MAESTRO, respectively. When both are referenced, the pronoun ‘we, our and us’ is used. The provisions hereof shall also be enforceable and relevant to our staff, authorised representatives and relatives by consanguinity and affinity within the fourth degree.
I shall strictly adhere, without mental reservation and purpose of evasion, to your prescribed policies and procedures, whether they are written or unwritten. I also accept that they are superior to and will prevail over any order or instruction from any person.
 I request that you grant me a non-exclusive privilege to advertise, market and sell the training, seminar, event and workshop as herein specified within the defined and approved jurisdiction.
I. Topic. 
1. In the morning,
a. BIR Open Cases: Reduce. Close. Stop.
b. BIR Lifestyle Checking: Knowing. Avoiding. Solving.
2. In the afternoon,
c. Tax Mapping Specialista: Style. Secrets. Solutions.
II. Jurisdiction.
RDO ____, including the Barangays, membership-organisations, whether for profit or not, and micro, small and medium enterprises that are located within the stated jurisdiction excluding those individual and non-individual entities that are outside thereof.
III. Date.
The attendance-registration shall start at 8am and 1pm for the morning and afternoon events, respectively. The session or lecture shall be three (3) hour or less.
I have the right of first refusal. I have sixty (60) day period to convert the attendees in the event to be my high-paying clients. However, if the client chooses you over me, I shall get a commission from the acceptance fee that you may charge him which shall not be lower than 25% thereof. If you will not be retained within sixty (60) days from the date of the event, then, no commission shall accrue to me. If you think that I am qualified to handle the tax case or bookkeeping of the client, I shall be the first priority to be the subcontractor for such client and thusly, I shall be compensated accordingly.
  1. I shall make myself available in any aspect hereof.
  2. I shall create several social media accounts in order to pursue relentlessly our objectives and policy-directions and create the awareness and needs for our products and services. Furthermore, my videos and written testimonials, verbal stories and the likes may be used as tools or adverts to protect, promote and preserve your business interests.
  3. I shall use the Facebook’s adverts to promote the event to as many as 10,000 Facebook users whose demographics may either be in Small and Business Enterprises, accountants, bookkeepers, consultants, managers, retailers, board of directors and other people engaged in business
  4. I shall receive and accept the prescribed flyer.
  5. I shall place my complete name, mobile number and email address on the prescribed flyer.
  6. I shall email the prescribed flyer to all of my contacts and the contacts of my friends, suppliers, clients and other potential attendees.
  7. I shall print the prescribed flyer and reproduce it as many as 2,000 copies.
  8. I shall hand over or distribute the said flyers to all potential attendees two (2) weeks before the event date.
  9. I shall place inside a white mailing envelope the reproduced flyer and my calling card or anything that may be useful to my tax practice.
  10. I shall repeat the same process until I already covered the entire Barangays and membership-organisations located within the stated jurisdiction.
  11. I shall place my name, ‘Tax Specialista’, address, mobile number and email address on the upper left of the mailing envelope.
  12. I shall stamp ‘CONFIDENTIAL CF: MAYOR’S OFFICE’ on the lower left corner of the envelope.
  13. I shall place the name of the Barangay Chieftain/President, name/number of the Barangay or name of the membership-organisation, and its address on the center of the mailing envelope with a simple notation that the same shall be shared or distributed to the concerned individuals or organisations. 
  14. I shall regular-mail, (a) 30 days and (b) 15 days before the event date, each envelope, via Philippine Postal Corporation, to the said Barangay Chieftains/all membership-organisations located within the stated jurisdiction. 
  15. I shall send a text to my friends and the friends of my friends which will encourage them to attend the event.
  16. I shall call my friends, suppliers, clients, relatives, schoolmates, officemates and other people and encourage them to attend the event. 
  17. I shall search and look for an event place which should not be expensive. Thereat, I shall pencil book a room that can accommodate at least 50 individuals. Furthermore, I shall see to it that there will be an extra room that can accommodate the influx of a bigger number of attendees.
  18. I shall answer all the questions, concerns, comments, inquiries and requests of the potential attendees but shall not promise anything that will jeopardise our relationship and event operations.
  19. I shall not advertise, market and sell the event outside the stated jurisdiction.
  20. I shall guaranty that at least 50 attendees for the morning and afternoon events shall be present at the venue.
  21. I shall issue an appropriately accomplished BIR-registered official receipts to all the attendees.
  22. I shall pay for the expenses as defined herein.
  23. I shall create a report of my advertising, marketing and selling activities and submit it upon your demand.
  24. I accept that the database from this Application shall be owned by both of us. In which, we can use it for whatever legal purpose such may serve us.
  25. Unless, a written authorisation is first secured from you. I shall not to act for or on your behalf, represent you, or bind you in any manner, anytime and anywhere. I shall neither represent myself as an ETM Franchisee or accredited ETM TAO Tax Specialista unless I can prove the same with a relevant document.
  26. I shall not share any proprietary interest,  privileged communication or any Third Party's Data with any unrelated parties unless we (i) mutually agree that the specified information shall be used for legal purposes and will not in any way damage the owner thereof; (ii) conclude that it is required by law; (iii) have a good faith belief that the access, preservation or disclosure of the specified information is reasonably necessary to protect the rights, property or safety of your business interests, its users or the public and also for the furtherance of our respective territorial jurisdiction and scope of services; or (iv) provide the specified information in certain limited circumstances to third parties to carry out tasks on our behalf with strict restrictions that prevent such information from being used or shared except as you directed. When such is to be done, it will be subject of a contract that will oblige those parties to process the specified information only on your instructions and in compliance with appropriate confidentiality and security measures.
  27. I shall not divert or attempt to divert our information to any competitor, or do or perform any act injurious or prejudicial to the goodwill associated with your Proprietary Marks and Methods, character, reputation, profession and public image. Furthermore, I will not, directly or indirectly, (a) solicit or attempt to solicit any business from your customers, vendors and prospects with whom I had a material contact and (b) on my own or on behalf of or in conjunction with any person, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of your non-clerical employee and other accredited professional with whom I had personal contact or supervised to terminate their employment or contract with you.
  28. I shall respect and obey if, later on and without a reasonable justification, you decide to discontinue and terminate, therefor, this arrangement. If a discontinuance occurred, this Application shall become void and have no legal effect, without any liability to you or your directors, officers, or shareholders, except for those demandable dues that are established prior thereto. The privileged communications disclosed to or otherwise learned or acquired by me in all circumstances or otherwise and all the copies of all confidential information, manuals, memorandums, circulars and other written materials which have been lent or made available to me shall be returned to you without any delay and further demand.
  29. To the extent permitted by an applicable law, I shall indemnify, hold harmless and defend you and those who worked under your supervision, at my expense, from any and all third-party claims, actions, proceedings, and suits brought against this arrangement or any of your officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by you or any of your officers, directors, employees, agents or affiliates, arising out of or relating to (i) my breach of any term or condition hereof, (ii) my violations of the applicable laws, rules or regulations, (iii) any representations and warranties made by me concerning any aspect hereof; and (iv) all claims made by or on behalf of any Third Party pertaining directly or indirectly to my use of any information specified herein. If such had been done, I shall provide you, within 24 hours, with a written notice of any claim, complaint, dissatisfaction to the business services that I provided to our clients, suit or action and cooperate as fully as reasonably required in the defense of any claim arising therefrom. Moreover, I am not eligible for any indirect, punitive, special, incidental or consequential damage in connection with or arising out hereof including the loss of business, revenue, profit, use, data or other economic advantage, however it arises, whether for breach or in tort, whether or not I was advised of the possibility of such damage.
  30. Finally, I promise that the privileges, expressly or impliedly set forth herewith, shall not be sold, used as collaterals for any favour, permit, license, privilege or loan, assigned or transferred to other person, shared with a third party, and disposed in whatever modalities.
  1. You shall make yourself and your support group (Sonia, Guia, Lovely and Jocelyn) available and accessible
  2. You shall draft and send to me the prescribed flyer.
  3. You shall conduct the lecture and training that will satisfy the curiosity and need for knowledge of the attendees.
  4. You shall be responsible for the payment of the event place. However, the receipt thereof shall be under my name and will form part of the expenses of the event.
  5. You shall guide me in planning, preparing and managing the event.
  6. You shall provide a fiduciary account where the payments of the attendees shall be deposited and withdrawn in case that there is a need to use it for the furtherance of our objectives will arise.
  7. You shall issue me a duly accomplished BIR-registered official receipt for the amount of money/share that I gave you.
  8. You shall allow me to attend your identified Tax Specialista Course free of charge in case that I exceeded the quota that you set forth.
  9. You accept that the database from this Application shall be owned by both of us. In which, we can use it for whatever legal purpose such may serve us.
  10. You shall use the Facebook’s adverts to promote the event to as many as 10,000 Facebook users whose demographics may either be in Small and Business Enterprises, accountants, bookkeepers, consultants, managers, retailers, board of directors and other people engaged in business
All expenses for the event’s advertisement, marketing and selling and we both incurred for this event shall be under my account provided that they are all receipted under my name. In case that they are not properly receipted under my name, my permission for their incurrence shall either be pre-approved or post-approved. All tax dues shall be for my account.
From the gross receipts earned from the event, the expenses incurred by both of us shall be deducted. The resulting gross income shall be divided between us. The thirty (30) percent shall accrued to me and the remaining seventy (70) percent shall accrue to you. You shall issue a duly accomplished BIR-registered official receipt to me for the said seventy (70) percent.
The sources of gross receipts shall be from the sale of the Manual for Tax Mapping Specialista which has a retail price of P20,000 per copy. It will be sold at a discounted amount of P10,000 cash or on instalment. If it will be sold on instalment, the initial cash outlay of each attendees shall be P2,500 and the remaining balance of the P17,500 or whatever is the final balance of sale shall be paid within five (5) months from the date of the event. The gross receipts earned shall be the total amount of money collected on or before the event date and does not include the amount of money collected after the event date. Furthermore, the attendees shall be required to execute and sign a Promissory Note.
The cash method of accounting shall be used in recording and reporting our respective gross receipts/income while the gross income tax, optional standard deduction or allowable itemised deduction, at our respective options, shall be availed of.
The documentary stamp tax shall be for the account of those who will choose the instalment basis.
All attendees shall be advised to deposit their money to your bank account. The amount so deposited shall not become your gross income from trade, business or practice of profession but my sales of books that I purchased from you. Your seventy (70) percent profit share shall be understood as my payment for the books that I purchased from you. However, for the books that were purchased by the attendees on an instalment basis, the balance of the amount to be collected therefrom shall be assigned to you to reflect my full and complete payment of the books that are sold at the event date. Thus, the said balance shall form part of your gross income for the taxable year that you collected the same. As for my thirty (30) percent, you shall withdraw from the fiduciary account the amount of money that is equal thereto and should be handed to me without further delay.
This Application, once approved, shall be valid from the date thereof up to the last second of the event. Therefore, it is automatically terminated after the culmination of such event.
I am an independent contractor. Nothing contained herein shall create an employee-employer, principal-agent or any other fiduciary relationship, partnership or joint venture. I am not entitled to worker's compensation, retirement, insurance or other benefits afforded to your regular employees of yours. I fully recognise that my success or failure, as the same is contemplated herein, depends largely upon my ability to replicate your business processes, operations and management and on the acumen of mine as an independent businessperson, notwithstanding, the economic conditions that prevail and are outside of the control of either of us. I shall be treated as if I am a high paying client.
Our notices shall be sent via provided email addresses. In some instances, the use of SMS, snail mail and call may be permitted.
This Application shall be subject to and governed by the laws of the Republic of the Philippines and their implementing rules and regulations. Furthermore, any court in the National Judicial Region shall have the exclusive jurisdiction over any conflict that may arise hereof.
This Application, after being signed by both of us, shall be superior to all the contracts having the same subject matter, whether verbal or in writing, that we have or have not entered into; and is not modified by my mere acts of tolerance.
To attest my faithful compliance with your existing and succeeding policies and procedures and the terms and conditions herein expressly and impliedly set forth, I affirm that I knowingly prepared, read, understood this Application and voluntarily enter into its arrangements, by way of printing my complete and legal name and placing herein my true signature.

Independent Producer
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