RepRally Terms of Service

Terms of Service for Field Sales Representatives

Effective date: 10/15/2024

1. Introduction

Welcome to RepRally. These Terms of Service ("Terms") govern your activities as a field sales representative ("Representative") on the RepRally platform. By accessing and utilizing our platform, you agree to adhere to these Terms, which form a binding legal contract between you and RepRally.

2. Eligibility and Onboarding

Criteria for Selection:

To become a Representative, you must demonstrate proven sales experience, possess a keen understanding of the retail market, and exhibit alignment with RepRally's ethical standards. A background check and verification of references are part of our selection process.

Note: The selection criteria may be subject to change at any time, at the discretion of RepRally.

Onboarding Process:

Upon selection, you are required to complete our comprehensive onboarding program, which includes training in product knowledge, platform functionalities, and effective sales techniques. Representatives are required to pass a brief exam to gain certification. Attendance and active participation in ongoing training sessions and workshops are mandatory for continuous platform engagement. These onboarding requirements may be updated periodically.

3. Roles and Responsibilities

Primary Duties:

Your core responsibility is to generate and process new wholesale orders from eligible retail businesses, specifically targeting independently owned stores, wholesalers, or distributors. You are also expected to maintain a relationship with the customers by offering continued visits and service. These entities must be tax-exempt and outside national chain networks, unless it is a franchise location such as 7 Elevens, or where otherwise explicitly approved.

1099 Contractor Status:

As a user of the RepRally platform, you are engaged as an independent 1099 contractor. You are not an employee of RepRally or any of the brands featured on the platform. You shall not represent yourself as such.

Conduct and Representation:

You are expected to conduct business with the utmost professionalism, adhering to ethical sales practices. Accurate representation of RepRally's catalog and partner brands is mandatory, and you must ensure transparent and respectful interactions with all clients.

Restriction on Direct Contact with Brands:

As a field sales representative on the RepRally platform, you agree not to directly contact any of our partnering brands outside of the platform for business solicitation, order negotiation, or any other professional engagement related to the products listed on RepRally. This policy is in place to maintain the integrity of the platform and our relationships with both representatives and brands.

Compliance and Consequences:

Any attempt to circumvent this policy by initiating direct contact with brands may result in immediate termination of your access to the RepRally platform and could lead to further legal action.

4. Commission Structure

Commission Calculation:

Commissions are based on a percentage of sales and vary by brand, product category, and SKU. The specific commission rates are available in your RepRally app and are subject to periodic reviews and adjustments based on market conditions and agreements with our brand partners. RepRally reserves the right to modify commission rates at any time.

Incentive Programs:

You may be eligible for additional incentives based on your sales performance, customer retention, and other key performance indicators. Details of these incentive programs, including eligibility criteria and reward structures, are outlined in your RepRally app. Incentive program details are subject to change.

5. Use of Platform Tools and Data Confidentiality

Platform Tools:

You have access to a suite of tools within the RepRally app, designed to assist in managing client relationships, processing orders, and monitoring sales performance. Proper use of these tools is crucial for your success on the platform. The availability and functionality of these tools may be revised periodically.

Data Confidentiality:

You are required to maintain the confidentiality of all customer information and order details accessed through the platform. Any breach of data privacy may result in immediate termination and legal action.

6. Data Ownership and Usage

Data Rights:

RepRally retains the right to all data collected during your tenure as a Representative, including customer information, sales data, and market insights. RepRally retains the right to utilize images, or recordings in our marketing materials and on our website. This usage is intended for promotional purposes and aims to enhance brand visibility on our platform. This data is used for improving our platform and services. RepRally may update its data usage policies at any time.

Post-Termination:

Upon termination or voluntary exit from RepRally, we retain the right to continue using the data collected during your association with us for business analysis and strategic planning, adhering to applicable data protection laws.

7. Retailer Payment Collection and Legal Compliance

Collection of Payment Information:

When obtaining banking or payment information from retail customers, you must ensure full transparency and secure explicit consent. This process must be documented and verified.

Regulatory Adherence:

You are responsible for understanding and adhering to state-specific regulations regarding the products sold through RepRally. Failure to comply with these regulations, resulting in legal issues, will be your liability.

8. Financial Obligations

Responsibility for Payment Shortfalls:

In cases where retail customers fail to make timely payments, you are responsible for covering any resulting shortfalls. RepRally reserves the right to deduct such amounts from your accrued commissions. RepRally may also claw back earnings if necessary.

Commission Withholding:

We may withhold your commission payments under certain circumstances, such as unresolved order discrepancies, pending investigations, or non-compliance with our operational guidelines. RepRally reserves the right to adjust or withhold commissions as needed.

Personal Guarantee:

You are required to provide a personal guarantee for the collection of payments from retailers. This means that any missed payments by retailers will be your responsibility. RepRally reserves the right to withdraw the owed amounts from your credit card or payment method uploaded to the platform. It is your responsibility to mitigate and resolve payment issues with the retailer thereafter.

Credit Policy:

RepRally will issue credits to customers for products that do not achieve reasonable sales. Any products remaining unsold after a standard period of 90 days will be eligible for credit, which may result in clawbacks to the rep's commission earned from their sales. Not applicable to orders for wholesalers or distributors.

9. Conflict Resolution

Dispute Resolution:

Should disputes arise in relation to orders or customer interactions, you are required to report these through the platform. RepRally will facilitate resolution efforts, prioritizing fair and equitable outcomes.

Legal Action Waiver:

By agreeing to these Terms, you waive the right to pursue legal action against RepRally for any matter related to your activities as a Representative on our platform. All disputes are to be settled through internal resolution processes.

10. Termination and Exit

Termination:

RepRally reserves the right to terminate your access to the platform for breaches of policy, misconduct, or failure to meet performance standards. Such termination decisions will be at the sole discretion of RepRally.

Voluntary Departure:

You may choose to cease your activities as a Representative at any time. We recommend fulfilling all pending commitments before your departure to maintain professional integrity and customer satisfaction.

11. Order Processing and Retailer Consent

Valid Order Requirement:

You are responsible for ensuring that each order you process has been authorized by an appropriate decision-maker at the retail business. This authorization must be explicitly documented.

Ethical Sales Practices:

You must engage in ethical sales practices, ensuring that all orders are obtained without misrepresentation or coercion. Building trust and long-term relationships with retail clients is paramount.

12. Commission Payouts and Adjustments

Payout Upon Delivery (orders paid with e-check):

Commission payouts for any order that a customer pays with e-check will be paid out upon successful delivery and completion of orders. This policy may be subject to change.

Payout Upon Collection (order not paid with e-check):

Commission payouts for any order paid with card/seller guarantee will be paid out upon successful payment from the customer. This policy may be subject to change.

Order Fulfillment and Commission Adjustments:

While RepRally aims to facilitate complete and timely order fulfillment, factors beyond our control may affect order completion. In such instances, adjustments to your commission will reflect the net value of delivered products. RepRally reserves the right to adjust orders and commissions as necessary.

Stripe Partnership:

All commission payouts are processed through Stripe. Any fees incurred are from Stripe and not RepRally. For any issues related to payment delays, please contact Stripe support directly unless it pertains to a specific order-level issue.

13. Account Ownership and Delegation

RepRally Relationship:

The claim on an account (retailer) is considered a RepRally relationship. RepRally reserves the right to delegate ownership of retail accounts and to change the status of such accounts at our discretion. This policy ensures the optimal management and allocation of retail relationships for the benefit of the platform.

14. Protection from Legal Action

Independent Contractor Liability:

As an independent contractor, you are solely responsible for your interactions with retailers and other third parties. RepRally shall not be liable for any claims, demands, or damages arising from your conduct. You agree to indemnify and hold RepRally harmless from any legal action taken against you by a retailer or any other party.

15. Policy Amendments and Revisions

RepRally reserves the right to modify, revise, or update these Terms of Service at any time, at our sole discretion. Representatives will be notified of significant changes through the RepRally app or via email. Continued use of the RepRally platform following any changes constitutes acceptance of the new terms. It is the Representative's responsibility to review the Terms periodically to stay informed of any updates.

16. Contact Us

If you have any questions about the RepRally Terms of Service for Field Sales Representatives, please contact us at admin@reprally.com.