MPWR
MPWR

MPWR LLC

INDEPENDENT CONTRACTOR POLICY

 

Last Updated: 3/24/2023

 

1. INTRODUCTION

 

1.1. Purpose of this Policy.

 

The purpose of this policy (this “Policy”) is to establish guidelines and expectations forindependent contractors (“Independent Contractors,” “You,” “Your”) of MPWR LLC, a Utah limited liability company (the “Company,” “Us,” “We,” “Our”). This Policy outlines the requirements and expectations for Independent Contractors of the Company. It is designed to ensure that all Independent Contractors understand their roles and responsibilities, comply with local, state and federal laws, rules, regulations and ordinances, as applicable, adhere to ethical standards, maintain customer satisfaction, and perform at a high level. This policy is intended to provide clarity, consistency, and fairness in our sales operations and to protect the interests of the company, its customers, and its sales representatives. The information in this policy supersedes all rules and policies that may previously have been expressed or implied, in both written and oral format. The Company reserves the right to interpret this Policy’s content as it sees fit, and to deviate from this Policy when it deems necessary.

 

1.2. Changes of Policy.

 

The Company reserves the right to change this Policy’s content, at any time and at our sole discretion. Its provisions may not be altered by any other means, oral or written. You will receive written notice of any changes we make to this Policy and are responsible for understanding and complying with all up-to-date policies. If you are confused about any information defined herein, please contact us.

 

2. INDEPENDENT CONTRACTOR STATUS

 

2.1. Rights as an Independent Contractor.

 

You are an independent contractor and are not an employee of the Company. As such, you have the right to control and direct the details and means of your work, subject to the terms of yourcontract with the Company and this Policy.

 

2.2. Responsibilities as an Independent Contractor.

 

Independent Contractors are responsible for providing their own equipment, supplies, and other tools necessary to perform their work. You are also responsible for paying your own taxes, including self-employment taxes.

 

2.3. No Company Benefits.

 

Independent Contractors are not eligible for employee benefits, including but not limited to health insurance, retirement benefits, and paid time off.

 

3. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAW

 

Independent contractors are responsible for understanding and complying with all applicable local, state, and federal laws, rules, regulations and ordinances governing (i) the taxation of the Independent Contractor, (ii) the sale of solar energy systems, and (iii) the marketing, prospecting, canvasing and selling activities they engage in (collectively, the “Laws”). The Company may provide training and resources to assist Independent Contractors in complying with these Laws, but ultimately it is the Independent Contractor’s responsibility to ensure compliance. The Company reserves the right to terminate the contract of any Independent Contractor who fails to comply with the Laws. The Laws you are required to comply with include, but are not limited to, the following:

 

3.1. Licensing.

 

You must possess all, if any, required state and/or local licenses and certifications necessary to sell and market solar energy systems in the jurisdictions which you sell the Company’s products and services. You must also keep your licenses and certifications up-to-date and provide proof of your licensure and certification to the Company upon request.

 

3.2. Truth in Advertising.

 

You must comply with all applicable laws regarding truth in advertising. You must not make false, misleading, or deceptive statements regarding the features, benefits, or performance of any of the Company’s products or services.

 

3.3. Do-Not-Call Laws.

 

You must comply with all applicable state and federal laws regarding telemarketing, including the National Do-Not-Call Registry.

 

3.4. Consumer Protection Laws.

 

You must comply with all applicable consumer protection laws. You must provide customers with accurate and complete information regarding solar energy systems and must not engage in unfair or deceptive practices.

 

3.5 ​Direct Selling and Canvasing.

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You must comply with all applicable laws and regulations governing direct sales, canvassing, and related sales activities. 

4. BONUSES, INCENTIVES, AND PRIZES

 

4.1. Bonuses, Incentives, and Prizes Generally.

 

You may be eligible for bonuses, incentives, and prizes based on your performance. If the Company decides to offer any such bonuses, incentives, or prizes the specifics of the structure of such offers, including the criteria for eligibility and the amount or type of the bonus, incentive, or prize, may be communicated to Independent Contractors in writing. You must meet all eligibility requirements to receive bonuses, incentives, and prizes. The Company reserves the right to modify or cancel any bonus, incentive, or prize programs at any time and without prior notice.Any bonus, incentive, and prize programs offered by the Company are subject to all applicable federal and state tax laws. You are responsible for reporting any income earned from bonuses, incentives, and prizes on your tax returns.

 

4.2. Non-Cash Incentives.

 

Non-cash bonuses, incentives, and prizes offered by the Company may not be redeemed for cash.All experience or service-related non-cash bonuses, incentives, and prices are non-transferable.

 

5. CODE OF CONDUCT AND ETHICAL STANDARDS

 

Failure to comply with the code of conduct and ethical standards set forth in this section may result in disciplinary action, up to and including termination of your contract with the Company. Independent Contractors are expected to adhere to the following code of conduct and ethical standards:

 

5.1. Honesty, Integrity, and Fairness.

 

You must act with honesty, integrity, and fairness in all your dealings with other Independent Contractors, customers, prospects, the Company, and employees of the Company. You must not engage in any fraudulent or deceptive practices. You may not misrepresent who you work for our claim to work for the state or federal government.

 

5.2. Transparency.

 

You must provide customers with accurate and complete information about the products and services being sold, including pricing, financing options, and any potential drawbacks.

 

5.3. Professionalism.

 

You must always conduct yourself in a professional manner. This includes dressing appropriately, being punctual for appointments, maintaining personal hygiene and cleanliness, and using appropriate language and tone of voice.

 

5.4. Respect for Others.

 

You must treat all other Independent Contractors, customers, prospects, the Company, and employees of the Company with respect. You must not engage in any behavior that is harassing, intimidating, or discriminatory.

 

5.5. Confidentiality.

 

You must maintain the confidentiality of all Company information, including customer information, trade secrets, and other confidential information. You must not disclose confidential information to any unauthorized person or use confidential information for your own personal benefit.

 

5.6. Avoidance of Conflicts of Interest.

 

You must avoid any conflicts of interest that may arise in the course of your work, including those that may benefit yourself or competitors of the Company at the expense of the Company’s customers or the Company itself.

 

6. REPORTING MISCONDUCT

 

We expect all Independent Contractors to act with professionalism, honesty, and integrity at all times. If you become aware of any misconduct or actions inconsistent with this Policy by another independent contractor, we encourage you to report it immediately.

 

7. CUSTOMER COMPLAINTS

 

We take customer satisfaction very seriously and expect all Independent Contractors to adhere to the highest standards of professionalism and customer service. Therefore, Independent Contractors who receive customer complaints may be subject to penalties as follows:

 

First Complaint: Independent Contractors will be fined $100 for the first customer complaint received;

 

Second Complaint: Independent Contractors who receive a second customer complaint will be fined $1,500; and

 

Third Complaint: Independent Contractors who receive a third customer complaint will have their contract terminated immediately.

 

These penalties are in addition to any other disciplinary action that may be taken by the Company. Independent Contractors who receive customer complaints should take immediate steps to resolve the issue and prevent future complaints.