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by Julie Moore | Apr 18, 2018 | Infographics, Management
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This Broker Agreement (“Agreement”) is entered into by and between (“Broker” or “You”) and TALENT INSIGHTS, a division of Qualbe Marketing Group, LLC (“Company”). This Agreement defines the terms and conditions under which the Broker will promote and sell products and services offered by TALENT INSIGHTS.
By clicking “Accept,” the Broker agrees to abide by its terms and commit to acting within the defined framework. The Agreement confirms the Broker’s status as an independent contractor, not as an employee or agent of TALENT INSIGHTS.
Appointment and Rights. TALENT INSIGHTS grants the Broker a non-exclusive, non-transferable right to promote and resell Products to Clients.
To receive payments under this Agreement, the Broker must have agreed to the terms of this Agreement and completed all information in the Talent Insight’s account registration form listed below:
Commissions are paid by TALENT INSIGHTS through PayPal within 45 days following the receipt of payment from a client. Brokers earn commissions on the initial subscription sale and any subsequent subscription renewals, provided the client’s sale is not canceled within the first 30 days. The amount of commission is calculated based on the transaction price, with the commission rate determined by the Broker’s Tier level.
Tier levels are reassessed annually based on the revenue generated and retained over the previous 12 months, allowing for potential increases or decreases in commission rates. Tiers are as follows:
In addition to direct sales commissions, Brokers also earn a 5% override commission on sales made by their direct recruits (First Generation Brokers) and the recruits of their direct recruits (Second Generation Brokers).
Exclusion from Commission: Commissions do not include revenue generated from consulting services provided by TALENT INSIGHTS.
Taxes: The Broker is responsible for payment of all taxes applicable to commission earned by Broker.
Intellectual Property Rights: TALENT INSIGHTS retains exclusive ownership of its intellectual property, encompassing patents, trademarks, service marks, trade secrets, copyrights, and domain names. The Broker is granted a non-exclusive, non-transferable license to use these assets, strictly in line with this Agreement’s stipulations.
Use of Marketing Materials: The Broker may use TALENT INSIGHTS’ trademarks and marketing materials that are provided by TALENT INSIGHTS and used solely for promoting and selling TALENT INSIGHTS products. Unauthorized use, modifications, or applications not authorized by this Agreement may lead to immediate termination and potential legal action.
Audit Rights: TALENT INSIGHTS reserves the right to conduct periodic audits to ensure compliance with this Agreement. Brokers must cooperate by providing access to necessary data and documents within 72 hours. Identified non-compliance may lead to corrective actions, including termination.
Access for Demonstrations: TALENT INSIGHTS provides the Broker with access to a portal account for conducting product demonstrations to potential clients. The Broker agrees to use this account solely for demonstration purposes.
Subscription Requirement for Consultant Brokers: Brokers using the Talent Insights platform for consulting services provided to their clients must purchase a subscription to gain access to the Portal.
Compliance with Terms of Use: The Broker is required to strictly adhere to the Terms of Use as outlined in Talent Insights’ Customer Terms of Service (available at Talent Insights Terms of Service). These terms govern all portal-related activities, including necessary protocols for data security and user conduct.
Modification and Discontinuation Rights: Talent Insights reserves the right to suspend, modify, or discontinue any part or all of the portal at any time, without prior notice to the Broker. This action can be taken at Talent Insights’ sole discretion to ensure the portal’s integrity, comply with legal requirements, or adjust to changing business.
Confidentiality Obligations: The Broker must keep all proprietary data from Talent Insights, including customer and prospect data, business strategies, and operational methods, strictly confidential. Disclosure is permitted only when legally required or with Talent Insights’ explicit written consent.
Data Security and Privacy Compliance: The Broker must adhere to all applicable data protection and privacy laws. This includes implementing robust security measures to protect all personal and sensitive data against unauthorized access, use, or disclosure. The Broker must ensure that any data collected or handled in their duties under this Agreement is processed lawfully, securely, and in a way that respects the privacy rights of Clients and Participants.
Use and Disclosure Restrictions: Confidential Information and any personal data obtained must be used solely for fulfilling the Broker’s obligations under this Agreement and should not be used for any unauthorized purposes. The Broker is responsible for ensuring that any disclosure of data, whether within or outside the terms of this Agreement, complies with this section and relevant legal standards.
Notification of Data Breach: In the event of a data breach involving Confidential Information or personal data, the Broker must promptly notify TALENT INSIGHTS and cooperate in mitigating any potential harm, including but not limited to following any directions issued by TALENT INSIGHTS regarding such breaches.
Term. This Agreement will apply for as long as the Broker participates in the Broker Program, until terminated.
Both the Broker and TALENT INSIGHTS may terminate this Agreement on fifteen (15) days’ written notice via email to the other party.
Commissions for Protected Clients: TALENT INSIGHTS will continue to pay the Broker commissions for any renewals of accounts that the Broker originally sold under this agreement.
Grounds for Termination: TALENT INSIGHTS reserves the right to terminate this Agreement with the Broker under the following conditions:
Upon termination of this Agreement, the Broker shall cooperate with TALENT INSIGHTS to ensure a smooth transition of client relationships and shall discontinue use and promptly return all TALENT INSIGHTS materials and confidential information in their possession.
Mutual Indemnification: Each party (the “Indemnifying Party”) shall indemnify and hold the other party (the “Indemnified Party”) harmless against any claims, damages, liabilities, costs, including reasonable attorneys’ fees, arising from third-party claims to the extent such claims, damages, liabilities, or costs are caused by the Indemnifying Party’s breach of this Agreement, negligence, or willful misconduct.
Entire Agreement: This Agreement is TALENT INSIGHTS’ only Agreement for the Broker Program, and it replaces any other Agreements between TALENT INSIGHTS and the Broker, whether written, spoken, or electronic.
Amendments and Modifications: TALENT INSIGHTS may modify this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement online and notifying the Broker via email. If the Broker disagrees with the revised terms, they have the option to terminate the Agreement.
Assignment: The Broker may not assign this Agreement without TALENT INSIGHTS’ written permission. TALENT INSIGHTS may assign this Agreement to an affiliate or in the case of a merger, sale of assets, change of control, or operation of law.
No Third-Party Beneficiaries: Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Force Majeure: Neither party will be liable for delays caused by events beyond reasonable control, such as natural disasters, war, or government restrictions. Affected parties shall make reasonable efforts to mitigate the impact of such events.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
All notices, requests, consents, and other communications required or permitted under this Agreement must be in writing and will be considered duly given when:
Email: Notices sent via email must be to the addresses specified below, with confirmation of receipt from the recipient.
Postal Mail: Notices sent by certified or registered mail, return receipt requested, must be to the address listed below. Notice is effective upon the date indicated on the signed receipt.
This Agreement is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Tarrant County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts.
Agreement: means this Broker Program Agreement and all materials referred to or linked to in here.
Brand Guidelines: Brand Guidelines are the official standards set by Talent Insights that dictate the appropriate use of its brand assets, including logos, trademarks, and visual and verbal communication styles, to ensure consistency and integrity across all promotional materials and communications.
Broker: Refers to an independent contractor authorized to promote and resell Company’s products and services.
Clients: Individuals and/or entities that purchase Talent Insights products and services either directly from Talent Insights or via a Broker.
Commission: A percentage of the Net Revenue from transactions paid by Clients to Talent Insights, attributed to the Broker’s efforts.
Confidential Information: Non-public information, trade secrets, company strategies, client data, and other sensitive information as defined under this Agreement.
Consultant Broker: A Consultant Broker is an authorized broker who purchases a subscription to use the Talent Insights platform for providing recruiting or coaching services to their clients.
Criminal Activity: For the purposes of this Agreement, “Criminal Activity” shall refer to any act or behavior undertaken by the Broker that is deemed illegal under federal, state, or local laws, and includes, but is not limited to, offenses involving fraud, theft, embezzlement, or any other statutory crimes that impair the Broker’s ability to fulfill their obligations under this Agreement or damage the reputation or operations of TALENT INSIGHTS.
Customer Terms of Service: Refers to the terms of service located at https://www.talentinsights.com/terms-of-service/.
End User: The authorized user of Talent Insights’ products, or the entity on whose behalf the Broker acts.
End User Data: Data submitted or collected through Talent Insights products by or for the End User.
First Generation Broker: Refers to an individual recruited directly by a Primary Broker to sell products and services.
Second Generation Broker: Recruited by a First-Generation Broker, extending the sales network to another level beyond the Parent Broker.
List Price: Standard pricing for services as listed online, subject to change by Talent Insights. listed at https://www.talentinsights.com/pricing/.
MAP Assessment: An evaluation tool by Talent Insights to assess and report on individual workplace attributes.
Lead Broker: Recruits new brokers into the network.
MAP Reports: Reports generated from MAP Assessments.
Participant: A Participant is an individual who engages with the MAP assessment either as a candidate during recruitment processes or as an employee for coaching and development.
Portal: Refers to the web-based Talent Insights platform, MAP reports and other hiring and management tools and services provided by Talent Insights.
Product: Refers to the web-based Talent Insights platform, MAP reports and other hiring and management tools and services provided by Talent Insights.
Subscription Service: Talent Insights’ web-based platform, available via subscription, where additional products and tools are accessible.
Tools: Technical resources used under this Agreement, including proprietary and licensed software and methodologies.
Tier: Classification determining the commission rate for the Broker, based on sales revenue over the past year.
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REALISTIC (Doers)
Realistic/Investigative
(RI)
Primary Motivation
Solving practical problems using scientific methods.
Tasks They Excel With
Experimenting
Troubleshooting
Optimizing
Prototyping
Analyzing
Energized By
Developing technical solutions that have tangible applications.
Drained By
Engaging in purely theoretical or abstract tasks without practical relevance.
Realistic/Artistic
(RA)
Primary Motivation
Creating functional and aesthetic items using practical skills.
Tasks They Excel With
Designing
Crafting
Restoring
Building
Sculpting
Energized By
Combining technical proficiency with artistic design.
Drained By
Monotonous tasks that stifle creativity and practical application.
Realistic/Social
(RS)
Primary Motivation
Assisting others through hands-on skills and practical knowledge.
Tasks They Excel With
Teaching
Leading
Training
Facilitating
Organizing
Energized By
Working on community projects or training that involve direct application of skills.
Drained By
Administrative duties that minimize personal interaction.
Realistic/Enterprising
(RE)
Primary Motivation
Leading and managing tangible projects or initiatives.
Tasks They Excel With
Directing
Overseeing
Leading
Developing
Managing
Energized By
Overseeing operations that result in physical products or changes.
Drained By
Engaging in non-active management or lack of hands-on involvement.
Realistic/Conventional
(RC)
Primary Motivation
Systematizing physical tasks to ensure efficiency and precision.
Tasks They Excel With
Implementing
Managing
Coordinating
Supervising
Organizing
Energized By
Managing logistics and operations that require meticulous organization.
Drained By
Unstructured or chaotic work environments that lack routine.
Single Report
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Interaction Guide
To use the Interaction Guide you must purchase and complete at least 2 MAPs. This tool reveals aspects and different interaction styles between two individuals – including communication, working methods, conflict handling, and management approaches – with the goal of understanding each other better in the workplace. Learn more…
Interaction Guide
This tool reveals aspects and different interaction styles between two individuals – including communication, working methods, conflict handling, and management approaches – with the goal of understanding each other better in the workplace. Some examples of who can benefit from this tool includes interactions between a candidate or employee with their manager or team member. Learn more…
Talent Insights
A Legacy of Excellence and Achievement
When you invite us to consult your company, you’re not merely gaining access to tools, but partnering with a legacy of excellence and achievement.
Talent Insights was created in 2016 by its parent company, Qualbe Marketing Group, with a singular vision: to uniquely help companies construct healthy and profitable work environments, which is the cornerstone of sustainable business growth and success.
What is our proof that we can succeed in helping companies? We are our own best case study.
We have garnered both growth and profitability (Inc 5000 two-time winner), while collecting 22 national and regional awards from esteemed institutions such as Entrepreneur, Fortune, FW Inc., and Dallas Morning News.
But what about you and your company?
The journey to excellence begins with hiring the right people — let us enhance this crucial step with expert coaching and strategic tools.
And beyond hiring, effective management is essential. Partner with us to create an environment where your business and its people thrive.
Unlimited MAPs™ & Training
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Curious About Our Low Prices? Here’s Why.
As I like to joke, “If you want us to charge you more, we will!” But in all seriousness, our number one priority is to build the best assessment in the world. We have instituted over 20 improvements in the past 60 days and are on track for 40 more by the end of the year. We expect this pace to pick up substantially in 2024.
We also believe that being the best doesn’t necessarily have to come with a heavy price tag. We’re dead serious about “changing the game” in assessments, and price is a significant component.
Bottom line? Our commitment to excellence is monumental. Choosing Talent Insights, we believe, is a no-brainer.
I invite you to join us in this quest.
Randall Meinen, CEO
Job Profile
This tool compiles MAP results from top performing employees in a given role, and lets you see what traits overlap, or are consistent in the group. This tool can also be used to find or evaluate a current employee who might be considered for a new position. Learn more…
Job Profile
To create a Job Profile you must purchase and complete 3 to 5 MAPs. The Job Profile compiles MAP results from top performing employees in a given role, and lets you see what traits overlap, or are consistent in the group. Learn more…
Interview Guide
With at least 1 completed MAP, you can generate an interview guide, and use it to conduct, take notes and score all your interviews.
With unlimited MAPs, you can build customized interview guides for each position in your company and save them for future use. Learn more…
Interview Guide
With at least 1 MAP in your account, you can create an Interview Guide.
Once you’ve created your guide – use it to conduct, take notes and score all your interviews. Learn more…
Personality
The Myers and Briggs assessment tool aids in understanding individual differences and work style preferences. It categorizes individuals into 16 personality types based on four dichotomies, aiding in career development, team building, and interpersonal relations. Learn more…
Awards
Talent Insights was created by Qualbe Marketing Group to create and maintain its own high-performance workplace culture.
Qualbe’s Human Resources and Operations managers have used the Talent Insights MAP™, Interview Guide, Comparison Tool, and Job Profile to establish an award-winning workplace. These tools have made it easy for decision makers to readily identify aptitudes informing decisions during hiring, leading, and coaching teams and individuals.
Talent Insights’ effectiveness has resulted in Qualbe receiving over 22 national and regional awards for ethics, best place to work, and best company culture from institutions including: Inc 5000, Entrepreneur, Fortune, FW Inc. and Dallas Morning News.
Motivators
Utilized in career counseling, the Holland Code (RIASEC) aligns individuals’ work preferences and motivations with appropriate career paths. The theory classifies people into six distinct personality types, each embodying unique work styles and inclinations. Learn more…
Actions
DISC categorizes people into four behavior types: Dominance, Influence, Steadiness, and Conscientiousness. Each represents distinct communication preferences, behavioral traits, and actions, helping employers optimize team performance and improve interpersonal understanding. Learn more…