Agreement

This agreement is made effective the date when You click “I Agree”

BETWEEN:

TELUS Communications Inc.
(“TELUS”)

and

YOU
(the “Participant”)

Use of “You” or “Your” in this Agreement refers to the Participant.

We’re excited to have You join an exclusive group of TELUS distributors across Canada, as part of the TELUS Distributor program (the “Program”). These terms and conditions form the agreement between you and TELUS for your involvement in the Program.

  1. Participation in Program
    • 1.1 Entry into the Program is open to residents of Canada that have reached the age of majority and are living in provinces and territories where such programs are not prohibited by law.
    • 1.2 Entry into the Program is at the sole discretion of TELUS. Each Participant must agree to these terms and conditions. If You do not agree with any of these terms and conditions, You may not participate in the Program. TELUS may discontinue or make changes to the Program, including the associated requirements and rewards, or this Agreement at TELUS’ discretion and without notice.
  2. Distributor Benefits
    • 2.1 TELUS may provide commissions, prizes, donations, and sponsorship for successful referrals, such as installation of new home services and activation of new mobility services. Details can be viewed at https://telusrefer.com/rewards.
    • 2.2 Once You are accepted into the Program, TELUS will issue a distributor code to You. A separate distributor code must be used by each individual to qualify for prizes, donations and sponsorships. Use of a single code by multiple individuals to generate leads will (a) disqualify the related account(s) and code from winning prizes, donations, and sponsorships; and (b) allow the account(s) to only earn commissions.
    • 2.3 Commissions, prizes, donations, sponsorships and any other benefits offered or provided as a part of this Program are at TELUS’ sole discretion.You must accept them as and when they are offered to You. They are not transferable and cannot be exchanged for cash or substitutes. TELUS reserves the right to substitute any compensation or rewards at its sole discretion for any reason.
    • 2.4 Please note that consistent with the current CRA administrative policy, any Distributor who earns more than $500 in commission income in a calendar year will be issued a T4A by TELUS for that calendar year. Distributors in this category will be contacted in January/February to collect the necessary information to issue the T4A. Distributors earning less than $500 in commission income in a calendar year will not be issued a T4A.  All Distributors are responsible for properly reporting all commission income earned in a calendar year in their income tax return as appropriate.  Tax matters can be complex and vary according to each personal situation. If you have questions pertaining to your particular circumstances, please seek advice from your tax advisor.
  3. Participant’s Obligations
    • 3.1 You agree to (a) review the TELUS approved media kit or other materials provided by TELUS from time to time, and utilize these materials only, without further modification or supplementation and in accordance with TELUS’ instruction, to promote TELUS’ products and services; and (b) grant tracking and measurement rights to TELUS for media directly or through third-party services as needed, such as tracking of Instagram stories through the Traackr platform.
    • 3.2 When promoting  TELUS’ products and services at all times, verbally or in writing, you must (a) involve no fake TELUS branding identities or accounts; and (b) prominently disclose Your affiliation and paid partnership with TELUS. Notably, you will prominently disclose Your affiliation with the Program, in close proximity to the endorsement post(s), using a disclosure statement that includes the hashtags #ad, #TELUS_Partner,  #Sponsored and #TELUS_Distributor before any other hashtags. In the case of videos or Instagram stories, a disclosure statement should be made within the first thirty seconds of the video. All posts will leverage the paid partnership tag, where applicable. If You have any questions as to whether Your disclosure has been properly made according to the terms of this Agreement, please reach out to Your primary TELUS contact for clarification.
    • 3.3 Any content published by You mentioning TELUS should be broadly accepted as not offensive and should not include any profanity, violence, racial slurs, derogatory terms, sexual content/innuendo, or other suggestive language.
    • 3.4 You affirm that You are familiar with and have a positive view of TELUS and its products/services, and that any statement You make while part of the Program will reflect Your honest views regarding TELUS.
    • 3.5 You will not make any statements that disparage or reflect unfavourably on the Program or TELUS.
  4. Term and Termination
    • 4.1 The term of this Agreement commences on the date you agree to this Agreement and continues unless and until earlier terminated as provided under this Agreement (the “Term”).
    • 4.2 TELUS may at any time, for any reason, terminate this Agreement in whole or in part upon fourteen (14 days prior written notice to the Participant. In the event of any such termination, TELUS will pay to the Participant, subject to the provisions in this Agreement relating to payment, the amounts due to the Participant for referrals satisfactorily performed up to the date of termination, provided that payment of such amounts will constitute TELUS’ entire liability and the Participant’s sole remedy for such termination.
    • 4.3 TELUS may terminate this Agreement immediately if you breach any provisions of this Agreement. A material change in your social media strategy, content or audience numbers may constitute a breach of this Agreement.
    • 4.4 Any decisions made by TELUS regarding your participation in the Program, or the Term or termination of your participation are final.
  5. Force Majeure
    • 5.1 In no event shall TELUS be responsible or liable for any failure or delay in the performance of its obligations hereunder, such as granting of commissions or prizes, arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, government restrictions, diease or pandemic, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware services.
  6. Privacy and Data
    • 6.1 You consent to the use of Your name, city of residence, photograph, voice and/or image for publicity purposes in all media used by TELUS, without payment or compensation.
    • 6.2 TELUS will use Your personal information in accordance with TELUS’ privacy policy available at telus.com/privacy.
  7. Representations, Warranties and Covenants
    • 7.1 The Participant represents and warrants that it has the requisite power and authority and all necessary rights and authorizations to perform its obligations under this Agreement, and the execution, delivery and performance of this Agreement is not limited or restricted by and does not violate any applicable law, regulation, professional codes of ethics or conduct, contract, or the rights of any third party.
    • 7.2 The Participant will comply with all applicable laws (including, without limitation, applicable professional codes of ethics or conduct) in performing its obligations under this Agreement, including identifying and procuring permits, licences, certifications, approvals and inspections required under such laws. If a claim of non-compliance by the Participant with any applicable laws in connection with its performance of this Agreement occurs, the Participant will notify TELUS of such claim within five (5) business days of being advised of such non-compliance.
    • 7.3 The Participant represents and warrants it will not collect or disclose any Personal Information of prospective referrals to TELUS under this Agreement. The Participant will be responsible to ensure that it has taken adequate measures to ensure that it does not collect any Personal Information in performing its obligations under this Agreement and does not disclose any Personal Information to TELUS. “Personal Information” means information that is about an identifiable individual, including information that either TELUS or the Participant can associate with, or relate back to, an identifiable individual;
    • 7.4 The Participant represents and warrants that is not a non-resident of Canada within the meaning of the Income Tax Act (Canada).
  8. Confidentiality
    • 8.1 As a Participant, You may have access to non-public, confidential or proprietary information of TELUS, as well as the terms and conditions and the existence of this Agreement is confidential, and provided to You solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by TELUS in writing. Upon TELUS’ request, the Participant shall promptly return all documents and other materials received from TELUS. TELUS shall be entitled to injunctive relief for any violation of this Section. This section shall not apply to information that is already in the public domain.
  9. Limitation of Liability and Indemnification
    • 9.1 IN NO EVENT SHALL TELUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL.CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY CLAIM FOR LOST PROFITS, LOST BUSINESS OR LOST BUSINESS OPPORTUNITIES, EVEN IF TELUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any person makes a claim against TELUS in connection with Your participation in the Program, You will indemnify TELUS against any loss or expense that TELUS may incur, including any judgement made against TELUS.
  10. Use of TELUS collateral, logos, and trademarks
    • 10.1 “TELUS Logos/Trademarks” means TELUS’ corporate name, trade names, trademarks, logos, domain names, or other intellectual property of TELUS.
    • 10.2 Uses of the TELUS Logos/Trademarks shall contain a faithful and accurate reproduction in colour, design and appearance without embellishment and according to the instructions of TELUS.
    • 10.3 Uses of the TELUS Logos/Trademarks shall be strictly pursuant to the guidelines and standards provided by TELUS.
    • 10.4 Publicity and Announcements. The Participant will not use the name, trade-marks or trade names of TELUS or its affiliates in any advertising or publicity without TELUS’ prior written consent.
    • 10.5 You may only use pre-approved creative provided by TELUS for promotions and social media posts on any platform. TELUS will provide guidelines and suggestions on post copy, and You may add Your own language to the posts in accordance with the TELUS guidelines.
    • 10.6 You will retain full ownership of social media content that You develop independent of TELUS and TELUS provided materials. You agree that You will not claim any right, title, or interest in or to any TELUS produced materials.
    • 10.7 If in TELUS’ sole discretion Your post does not align with TELUS’ brand or values, or TELUS does not approve of Your post for any reason, TELUS may request that You remove or modify the post immediately. Failure to comply with such a request can lead to termination from the Program.
    • 10.8 Only to the extent that TELUS logos or Trademarks are included in TELUS material provided to You for promotion in accordance with this Agreement:
    • TELUS grants You the right to use the TELUS Logos/Trademarks provided to You only in accordance with the terms and conditions set out herein. This right is non-exclusive, non-divisible and non-transferable, may not be sub-licensed to any other party, or utilize TELUS’ name, Logos/Trademarks as all or part of a trade name; as part of its corporate name, or to create a web address or profile or secure a domain name registration, user or account name, or internet presence of any kind, unless expressly set out herein. Nothing in this Agreement will be construed as an assignment. This right will terminate on the date of termination of this Agreement.
    • 10.9 If, during the Term of this Agreement, any unauthorized use or misuse of the TELUS Logos/Trademarks occurs in connection with this Agreement, You will, immediately upon learning of that event, notify TELUS in writing, setting out the facts in reasonable detail. TELUS shall have the sole right to determine whether any action should be taken to terminate such unauthorized use or misuse or settle any action, proceeding or claim brought by TELUS to terminate such misuse.
    • 10.10 Upon the termination of this Agreement, the licences to use TELUS’ trademarks and logos as provided for hereunder will immediately thereafter terminate and You shall as soon as commercially feasible discontinue all uses of the TELUS trademarks and logos, and shall no longer operate or do business in any manner or by using any name that might tend to give the general public the impression that You are directly or indirectly, associated, affiliated, licensed by or related to TELUS.
  11. Relationship of Parties
    • 11.1 This Agreement does not make either party an agent or Employee of the other, or create a partnership, joint venture or similar relationship between the parties, and neither party shall have the power to obligate or bind the other party in contract, in tort or otherwise howsoever except as provided in this Agreement.
    • 11.2 The Participant is responsible for compliance with all laws and regulations while participating in the Program, such as but not limited to, compliance with federal and provincial tax laws.
  12. Miscellaneous
    • 12.1 Any notice delivered pursuant to this Agreement shall be in writing and be delivered by email to the email address provided by the applicable party for such purpose. Notices to TELUS can be sent to [email protected]. Notices will be deemed to be received on the business day following the date that the email was sent.
    • 12.2 This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and the parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
    • 12.3 In no event will TELUS or its representatives be liable for any indirect, consequential, incidental, exemplary, punitive or special damages, or for any loss of profits, business or revenues, or diminution in value, arising out of or related to this Agreement even if TELUS has been advised of the possibility of such damages, and regardless of the form of action. Notwithstanding anything contained herein to the contrary, in no event shall TELUS’ aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, breach of warranty, negligence, strict liability, tort, or otherwise, exceed $20.
    • 12.4 This Agreement, and each of the terms and provisions hereof, may only be amended, modified, waived or supplemented by an agreement in writing.
    • 12.5 The Participant may not assign this Agreement, or any of its rights, benefits, warranties or obligations hereunder, in whole or in part, without the prior written consent of TELUS. TELUS may at any time assign this Agreement and its rights, benefits, warranties and obligations hereunder, in whole or in part, to a TELUS affiliate, or to any other entity that acquires all or substantially all of TELUS’ assets, without the Participant’s consent.
    • 12.6 By checking the box below You confirm that You have read and understood this Agreement in its entirety, and Your acceptance of this agreement by checking the box and clicking “I Agree” shall have the same effect as signing this agreement. Entering into this Agreement electronically shall be effective as delivery of an original executed copy of this Agreement.
    • 12.7 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    • 12.8 This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
  13. Code of Conduct
    • 13.1 The following Code of Conduct outlines behaviours that are in violation of the Program objectives and values. Engaging in the type of conduct outlined below may constitute a breach of the Agreement, Your immediate termination from the Program, and claw back or cancellation of any commissions or rewards.
      The table below provides some examples of unacceptable conduct. This list is not exhaustive, and does not imply that other acts do not fall within the parameters of unacceptable conduct.

 

Category Description
Theft/Fraudulent Activity
  • Misrepresentation of identity including giving false name and/or position. Falsification of performance reports, and forms.
  • Theft or misuse of client information.
  • Misuse of company assets including inventory or monies.
Violations of the terms of service Providing customers with inaccurate information (pricing, promos or similar)
Harassment and Substance Abuse Personal harassment, verbal threats, physical threats or assault of any kind towards clients. Consumption, possession or under the influence of drugs or alcohol while you are representing TELUS
Sexual Harassment TELUS relies upon the professional integrity of our Distributor team. TELUS believes that standards of professionalism regarding what is acceptable and not acceptable while engaging with customers are necessary. The following list is not exhaustive, and includes examples of serious inappropriate/unprofessional conduct that may be addressed as sexual harassment:

  • Asking a customer out for coffee / dinner
  • Asking a customer about their plans for the evening
  • Attempting to engage with a customer through social media or dating apps
  • Asking a customer if they are married or have a partner
  • Loitering in a customer’s home to engage in non-work related small talk, particularly when those actions have the potential to make the customer feel uncomfortable
  • Texting a customer for non-business purposes following a business interaction
  • Exchanging of messages, or images that violate the Fraternisation section of this document
  • Distributor team members engaging in the above or similar activities will be subject to terminationpending the outcome of an investigation.
Fraternization Distributor team members are prohibited from engaging in sexual, and/or romantic relationships with TELUS customers while representing TELUS.
Discriminatory Sales Tactics We do not condone discriminatory tactics or behaviour that means treating people differently, negatively or adversely because of their race, national or ethnic origin, skin colour, religion, age, sex, gender, sexual orientation, marital status, family status, physical or mental disability or other grounds specifically prohibited in the Canadian Human Rights Act or other human rights and anti- discrimination laws that apply to affiliates, subsidiaries or to TELUS.
Insubordination Unjustified refusal to perform job related tasks (justification may include conflict with health & safety standards, etc.).
Intentional non-compliance with directives provided by Support Person.
Client Representation Diminishing the TELUS brand by representing the company in a nonprofessional manner.
Uttering slurs or threats to customers either in sight or out of sight.
Privacy Unauthorized use and disclosure of personal information of our customers, team members, and contractors as well as TELUS proprietary, confidential and restricted information.
Unauthorized modification of personal client or credit information, proactively sharing customer information (includes subscription information, account numbers, pins, billing information, emails, phone numbers).
Intent to Deceive and Repeat Offenses Intent to deceive a client or TELUS for personal gain. Includes a pattern of deceptive behaviour, and not responsive to training and instructions