Common use of Nature of Representation Clause in Contracts

Nature of Representation. 1. Agent is authorized to represent DGE and is entitled to DGE produced promotional materials in the marketing of DGE sponsored programs. Any misuse of materials will result in termination of Contract. 2. Agent must use its own company name, telephone number, and website in any marketing material and must clearly indicate that the Agent is not a subsidiary of DGE, but an Independent Contractor representative of DGE in the Independent Contractor's country. The Independent Contractor will not use DGE logo or name without express permission of DGE. 3. Agent must provide, at a minimum: a) This document completed and signed b) Proof of Business License/registration which enables it to conduct business in the venues where it operates (including English language translation) c) Disclosure of any previous bankruptcy and of any pending legal actions d) Written references from three current business associates or partner organizations, including one US State Department designated sponsor, other than DGE e) Summary of previous experience conducting J‐1 Exchange Visitor Program activities f) Criminal background check reports (including original and English translation) for all owners and officers of the organization g) A copy of the sponsor‐approved advertising materials intends to use to market the sponsor’s program (including original and English translation) h) Notarized financial statements (in English) from previous calendar year – Balance Sheet and Income Statement i) Annual Fee Report (due with this Agreement – must be resubmitted annually on or before November 1) 4. In accordance with this Contract, all operational information, procedures, manuals, memos, or other correspondence is proprietary information and shall not be disclosed to any other person, agency, or entity. DGE reserves the right to terminate this contract if said operational materials have been shared with any other established or potential exchange programs. All program materials remain the property of DGE and must be returned or destroyed at termination of this contract. 5. Agent agrees that the employers with whom DGE places participants that may be revealed during the fulfillment of this agreement are proprietary and have been obtained by DGE at great cost. Agent agrees not to do business with directly or indirectly (regardless of who initiates contact) with any DGE employers with whom a participant is placed for three (3) years from the date of this agreement. Furthermore, Agent agrees not to disclose DGE employers to any other State Department designated sponsors. 6. DGE will allow Agent to assess fees to each participant properly recruited for the program. These fees and the refund policy of Agent fees (in the event a participant is not able to complete the program), while not directly regulated by DGE, must be reported on or before November 1 of each year to DGE and must, as determined by DGE, remain reasonable. The Agent agrees to honor all cancellation and refund policies for participants, including immediately (withinfivebusinessdays)forwarding DGE refunds to relevant participants. 7. Agent agrees that DGE will not forward DS‐2019 form(s) until all fees have been paid in full and received by the DGE’s bank. 8. Contract shall remain in effect until notification of either party to terminate the relationship. DGE reserves the right to retain and process any application Agent has submitted. 9. Agent certifies that it possesses all required licenses, authorizations, and rights to enter into this legal contract to operate as an Agent of DGE. 10. This contract cannot be modified or amended, except in writing. The modified or amended contract must be signed by DGE and by Agent to be in force.

Nature of Representation. 1. Agent is authorized to represent DGE and is entitled to DGE produced promotional materials in the marketing of DGE sponsored programs. Any misuse of materials will result in termination of Contract. 2. Agent must use its own company name, telephone number, and website in any marketing material and must clearly indicate that the Agent is not a subsidiary of DGE, but an Independent Contractor representative of DGE in the Independent Contractor's country. The Independent Contractor will not use DGE logo or name without express permission of DGE. 3. Agent must provide, at a minimum: a) This document completed and signed b) Proof of Business License/registration which enables it to conduct business in the venues where it operates (including English language translation) c) Disclosure of any previous bankruptcy and of any pending legal actions d) Written references from three current business associates or partner organizations, including one US State Department designated sponsor, other than DGE e) Summary of previous experience conducting J‐1 Exchange Visitor Program activities f) Criminal background check reports (including original and English translation) for all owners and officers of the organization g) A copy of the sponsor‐approved advertising materials intends to use to market the sponsor’s program (including original and English translation) h) Notarized financial statements (in English) from previous calendar year – Balance Sheet and Income Statement i) Annual Fee Report (due with this Agreement – must be resubmitted annually on or before November 1) 4. In accordance with this Contract, all operational information, procedures, manuals, memos, or other correspondence is proprietary information and shall not be disclosed to any other person, agency, or entity. DGE reserves the right to terminate this contract if said operational materials have been shared with any other established or potential exchange programs. All program materials remain the property of DGE and must be returned or destroyed at termination of this contract. 5. Agent agrees that the employers with whom DGE places participants that may be revealed during the fulfillment of this agreement are proprietary and have been obtained by DGE at great cost. Agent agrees not to do business with directly or indirectly (regardless of who initiates contact) with any DGE employers with whom a participant is placed for three (3) years from the date of this agreement. Furthermore, Agent agrees not to disclose DGE employers to any other State Department designated sponsors. 6. DGE will allow Agent to assess fees to each participant properly recruited for the program. These fees and the refund policy of Agent fees (in the event a participant is not able to complete the program), while not directly regulated by DGE, must be reported on or before November 1 of each year to eachyearto DGE and must, as determined by DGE, remain reasonable. The Agent agrees to honor all cancellation and refund policies for participants, including immediately (withinfivebusinessdays)forwarding DGE refunds to relevant participants. 7. Agent agrees that DGE will not forward DS‐2019 form(s) until all fees have been paid in full and received by the DGE’s bank. 8. Contract shall remain in effect until notification of either party to terminate the relationship. DGE reserves the right to retain and process any application Agent has submitted. 9. Agent certifies that it possesses all required licenses, authorizations, and rights to enter into this legal contract to operate as an Agent of DGE. 10. This contract cannot be modified or amended, except in writing. The modified or amended contract must be signed by DGE and by Agent to be in force.

Nature of Representation. 1. Agent is authorized to represent DGE and is entitled to DGE produced promotional materials in the marketing of DGE sponsored programs. Any misuse of materials will result in termination of Contract. 2. Agent must use its own company name, telephone number, and website in any marketing material and must clearly indicate that the Agent is not a subsidiary of DGE, but an Independent Contractor representative of DGE in the Independent Contractor's country. The Independent Contractor will not use DGE logo or name without express permission of DGE. 3. Agent must provide, at a minimum: a) This document completed and signed b) Proof of Business License/registration which enables it to conduct business in the venues where it operates (including English language translation) c) Disclosure of any previous bankruptcy and of any pending legal actions d) Written references from three current business associates or partner organizations, including one US State Department designated sponsor, other than DGE e) Summary of previous experience conducting J‐1 J-­‐1 Exchange Visitor Program activities f) Criminal background check reports (including original and English translation) for all owners and officers of the organization g) A copy of the sponsor‐approved sponsor-­‐approved advertising materials intends to use to market the sponsor’s program (including original and English translation) h) Notarized financial statements (in English) from previous calendar year – Balance Sheet and Income Statement i) Annual Fee Report (due with this Agreement – must be resubmitted annually on or before November 1) 4. In accordance with this Contract, all operational information, procedures, manuals, memos, or other correspondence is proprietary information and shall not be disclosed to any other person, agency, or entity. DGE reserves the right to terminate this contract if said operational materials have been shared with any other established or potential exchange programs. All program materials remain the property of DGE and must be returned or destroyed at termination of this contract. 5. Agent agrees that the employers with whom DGE places participants that may be revealed during the fulfillment of this agreement are proprietary and have been obtained by DGE at great cost. Agent agrees not to do business with directly or indirectly (regardless of who initiates contact) with any DGE employers with whom a participant is placed for three (3) years from the date of this agreement. Furthermore, Agent agrees not to disclose DGE employers to any other State Department designated sponsors. 6. DGE will allow Agent to assess fees to each participant properly recruited for the program. These fees and the refund policy of Agent fees (in the event a participant is not able to complete the program), while not directly regulated by DGE, must be reported on or before November 1 of each year to DGE and must, as determined by DGE, remain reasonable. The Agent agrees to honor all cancellation and refund policies for participants, including immediately (withinfivebusinessdays)forwarding withinfivebusinessdays) forwarding DGE refunds to relevant participants. 7. Agent agrees that DGE will not forward DS‐2019 DS-­‐2019 form(s) until all fees have been paid in full and received by the DGE’s bank. 8. Contract shall remain in effect until notification of either party to terminate the relationship. DGE reserves the right to retain and process any application Agent has submitted. 9. Agent certifies that it possesses all required licenses, authorizations, and rights to enter into this legal contract to operate as an Agent of DGE. 10. This contract cannot be modified or amended, except in writing. The modified or amended contract must be signed by DGE and by Agent to be in force.