TABLE OF CONTENTS
Definitions
Section 1 – Vision, Mission, Values
1.1 Vision
1.2 Mission
1.3 Values
Section 2 – Introduction
2.1 Purpose of this Document
2.2 Applicability
2.3 Changes to the Agreement
2.4 Governing Language
2.5 Severability
2.6 Waiver
2.7 Force Majeure
2.8 Company Use of Information
2.9 Reservation of Rights
2.10 Brand Representation Limitation
Section 3 – Becoming a Surge Member
3.1 Eligibility
3.2 Enrollment Process
3.3 Identification and Verification Requirements
3.4 Independent Contractor Status
3.5 Setup Fees and Technology Subscription
3.6 Business Entities
3.7 Member Information Updates
3.8 Membership Tiers
3.9 Inactive or Non-Producing Members
Section 4 – Operating as a Surge Member
4.1 Compliance with Compensation Plan
4.2 General Conduct Standards
4.3 Confidential Information
4.4 Conflicts of Interest
4.5 Non-Solicitation, Non-Competition, and Non-Circumvention
4.6 Intellectual Property & Use of Surge Brand
4.7 Advertising and Marketing Rules
4.8 Online Presence and Digital Advertising
4.9 Social Media Guidelines
4.10 Customer Privacy and Data Security
4.11 Regulatory & Legal Compliance
4.12 Ethical Customer Conduct
4.13 Unauthorized Communication and Public Representation
4.14 Cooperation with Investigations and Audits
Section 5 – Sales and Training Responsibilities
5.1 Presentation of Products and Services
5.2 Accuracy of Information
5.3 Required Training and Continuing Education
5.4 Reporting Policy Violations
5.5 Downline Team-Building and Mentorship Duties
5.6 Training, Oversight, and Events
Section 6 – Compensation and Payments
6.1 General Compensation Overview
6.2 Commission Structure
6.3 Payment Schedule
6.4 Adjustments, Clawbacks, and Chargebacks
6.5 Taxes and Withholding
6.6 Bonuses and Incentives
6.7 Non-Circumvention of Compensation
Section 7 – Transfers and Succession
7.1 Transfer of Member Accounts
7.2 Death or Incapacity
7.3 Mergers, Acquisitions, and Sale of Business
7.4 Right of First Refusal
Section 8 – Termination of Membership
8.1 Voluntary Termination
8.2 Involuntary Termination
8.3 Suspension of Accounts
8.4 Effects of Termination
8.5 Reapplication After Termination
8.6 Post-Termination Restrictions
Section 9 – Dispute Resolution
9.1 Mediation Requirement
9.2 Litigation
9.3 Class Action Waiver
9.4 Governing Law and Venue
9.5 Attorneys’ Fees and Costs
Section 10 – Miscellaneous Policies
10.1 Amendments and Updates to Policies
10.2 Notices and Communications
10.3 Entire Agreement
10.4 Survival of Certain Provisions
Final Section – Acknowledgment and Acceptance
DEFINITIONS
“Company” or “Surge.” Refers to Surge Enterprises, including its officers, directors, employees, contractors, successors, and assigns.
“Member.” Refers to any individual or business entity that has successfully enrolled with Surge Enterprises as an independent contractor, is authorized to promote and sell Surge-approved products and services, and is eligible to receive compensation under the Surge Compensation Plan. Is used regardless of Member’s tiered membership level and sales role (Scout, Strategist, Mentor). Members are not employees, partners, or franchisees of Surge; they operate solely as independent contractors, subject to the obligations and privileges contained herein.
“Compensation Plan.” Refers to the official Surge Enterprises Compensation Plan, as may be amended from time to time, which outlines the terms, conditions, and structure of Member compensation, including commissions, bonuses, and overrides.
“Downline.” Refers to all Members enrolled by another Member, directly or indirectly, and their resulting network or sales organization.
“Upline.” Refers to the Member who personally enrolled another Member, and the chain of Members above them in the organizational structure.
“Customer.” Refers to any individual or entity that purchases products or services through a Member or through the Surge platform.
“Official Materials.” Refers to any marketing, sales, training, or support materials created, approved, or distributed by Surge Enterprises for Member use.
“Policies and Procedures.” Refers to this governing document, including all amendments, which establish the rules, standards, and expectations for Members.
“Independent Contractor Agreement.” Refers to the agreement entered into between each Member and Surge Enterprises at the time of enrollment, confirming independent contractor status and binding the Member to these Policies and Procedures.
“EPC Partner.” Also referred to as “Build Partner.” Refers to an engineering, procurement, and construction partner that has been vetted and approved by Surge Enterprises to design, engineer, procure materials for, and install renewable energy projects sourced through the Surge platform.
“Product Partner.” Refers to a manufacturer, distributor, or vendor of products- such as solar panels, inverters, batteries, EV chargers, LED lighting, or related technologies—that has been vetted and approved by Surge Enterprises for inclusion in Surge projects.
“Finance Partner.” Refers to a bank, lending institution, or other financial entity that has been vetted and approved by Surge Enterprises to provide project financing, tax equity investment, or related financial services for Surge projects and customers.
“Platform.” Refers to the official Surge Enterprises digital environment, including the website, Member back office, mobile applications, CRM, training portals, and any other technology provided or approved by Surge to support business operations.
“Scout.” The entry-level Member who identifies and refers potential customers, businesses, or organizations interested in renewable energy solutions. Scouts may also invite prospective Members to the Surge platform in accordance with Surge’s referral policies.
“Strategist.” A Member who actively engages in developing, qualifying, and managing sales opportunities. Strategists may present solutions, generate proposals, and collaborate with EPC Partners, Product Partners, and Finance Partners to bring projects to completion.
“Mentor.” An advanced Member who provides leadership, guidance, and support to other Members. Mentors help to ensure quality standards, develop project sales, and foster team growth.
“Termination.” Refers to the cancellation of a Member’s status with Surge Enterprises, whether voluntary or involuntary, as outlined in Section 8.
1. VISION, MISSION, VALUES
1.1. Vision. A regenerative, sustainable future powered by a decentralized clean energy grid - built by a global movement of innovators, partners, and experts.
1.2. Mission. Surge accelerates the transition to clean energy by connecting businesses and organizations with scalable solutions that lower costs, increase profitability, and reduce environmental impact.
1.3. Values.
1.3.1. Collaboration & Forward Motion. We value authentic feedback, constructive criticism, diversity, and conscious realignment to move forward toward our collective goals. Fostering collaboration empowers our team, consultants, partners, and clients to achieve shared goals together.
1.3.2. Integrity & Accountability. Honesty and integrity always win. We take ownership of our impact and influence on those around us, holding ourselves accountable to the highest ethical standards and principles. We know that integrity builds trust and long-lasting relationships.
1.3.3. Relentless Improvement. We show up with hunger and drive, embracing challenges as an essential part of growth. We know that failures are inevitable, and yet are just lessons we learn in order to grow stronger, smarter, and more effective every day.
1.3.4. Excellence Is The Standard. Striving for excellence at every stage- from sales development and partner selection to project installation and customer support- is what sets us apart and gives us an edge in this industry. It allows us to achieve exceptional outcomes together.
1.3.5. Innovation & Clean Impact. We foster a mindset of innovation, adopting forward-thinking solutions, technology, and playbooks that drive meaningful change, contribute to a sustainable future, and deliver impactful, scalable, and world-changing results.
1.3.6. Discipline & Stewardship. We protect the Surge brand as if it were our own. Discipline, compliance, and respect for the system ensure that every Member’s success contributes to the strength and integrity of the whole community.
2. INTRODUCTION
2.1. Purpose of this Document. The purpose of these Policies and Procedures is to define the standards, responsibilities, and expectations for all independent Members representing Surge Enterprises (“Surge”). This document serves as both a guide and a governing agreement, ensuring that all Members operate with integrity, consistency, and alignment to Surge’s mission and values.
2.2. Applicability. These Policies and Procedures are incorporated into and form a binding part of the Independent Contractor Agreement between Surge and each Member. By enrolling with Surge, each Member agrees to abide by the terms outlined herein, as well as any updates or amendments made in accordance with Section 10.
2.3. Changes to the Agreement. Surge reserves the right to amend these Policies and Procedures, the Compensation Plan, or any related documents at its sole discretion. Members will be notified of material changes through official company communication channels. Continued participation in Surge after notice of changes constitutes acceptance of the updated terms.
2.4. Governing Language. This document is written in English and shall be considered the official and controlling version. In the event of any translation, the English version shall prevail.
2.5. Severability. If any provision of these Policies and Procedures is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
2.6. Waiver. Failure by Surge to enforce any provision of these Policies and Procedures shall not be construed as a waiver of Surge’s right to enforce the same or any other provision at a later time.
2.7. Force Majeure. Surge shall not be held liable for delays or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government restrictions, labor disputes, supply chain interruptions, or technology failures.
2.8. Company Use of Information. By participating as a Member, individuals and entities grant Surge the right to collect, use, and disclose personal, business, and transactional information for the purposes of compliance, business operations, compensation, and reporting. Surge may share information with authorized vendors, partners, and regulatory bodies as required by law or business necessity. Surge will take commercially reasonable measures to protect Member and Customer information from unauthorized access, disclosure, or misuse.
2.9. Reservation of Rights. Surge reserves all rights not expressly granted herein. Failure to list a specific right, authority, or policy shall not be construed as a waiver of Surge’s authority to regulate, restrict, or enforce such matters in its discretion.
2.10. Brand Representation Limitation. Nothing in these Policies and Procedures shall be construed to restrict a Member’s personal speech or lawful expression outside the scope of their business activities conducted on behalf of Surge.
3. BECOMING A SURGE MEMBER
3.1. Eligibility. To become a Surge Member, an applicant must:
Be at least 18 years of age.
Reside in a jurisdiction where participation as an independent contractor is legally permitted and where Surge is able to operate in compliance with applicable laws. Surge primarily engages Members in the United States, but may approve Members in other jurisdictions at its discretion, subject to local legal, tax, and compliance requirements.
Provide valid government-issued identification and other verification documents requested by Surge.
Complete all enrollment requirements, including execution of the Independent Contractor Agreement and acceptance of these Policies and Procedures.
Not have been previously terminated from Surge for cause, and not engage in competing business activities prohibited under Section 4.5.
3.2. Enrollment Process. Applicants must submit a completed enrollment application through the official Surge platform. Applications are subject to review and approval by Surge Enterprises. Surge reserves the right to accept or reject any application at its sole discretion. Submission of an application does not create any contractual rights until formally accepted by Surge.
3.3. Identification and Verification Requirements. Members must provide proof of identity, residency, and tax status as requested. Surge may require submission of documents such as a W-9 (or equivalent), driver’s license, business license, or entity formation documents if applicable. Failure to provide accurate and complete information may result in denial of enrollment or termination.
3.4. Independent Contractor Status. Members are independent contractors and not employees, partners, or agents of Surge. Members are solely responsible for their own business activities, expenses, insurance, and taxes, and may not represent themselves as employees of Surge Enterprises. Nothing in these Policies and Procedures shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship between Surge and any Member.
3.5. Setup Fees and Technology Subscription. Members may be required to pay a one-time setup fee and/or a recurring technology subscription fee as determined by Surge Enterprises. These fees support access to Surge’s platform, training, and tools. Surge reserves the right to adjust fees with prior notice. Setup and subscription fees are non-refundable.
3.6. Business Entities. An applicant may enroll as a business entity (e.g., LLC, corporation, partnership) provided that all required business documents are submitted to Surge and the entity complies with applicable laws. A principal of the business must be designated as the primary Member responsible for compliance with these Policies and Procedures.
3.7. Member Information Updates. To ensure accurate communication, compliance, and timely payment of commissions, Members are required to keep their personal and business information current with Surge.
3.7.1. Obligation to Notify. Members must promptly notify Surge of any changes to their personal or business information, including but not limited to legal name, mailing address, email address, phone number, banking or tax information, and business entity status.
3.7.2. Accuracy Requirement. All information provided to Surge must remain current, accurate, and complete. Failure to update outdated or incorrect information may result in delayed payments, loss of commissions, or disciplinary action.
3.7.3. Responsibility for Notices. Surge will rely on the most recent contact information on file for all official communications. Members are solely responsible for ensuring their information is accurate and for monitoring company communications delivered to those channels.
3.8. Membership Tiers. Surge Enterprises maintains a tiered membership system that reflects increasing levels of responsibility, leadership, and earning potential. Advancement is based on performance, contributions, and compliance with these Policies and Procedures. Surge provides a path for advancement and encourages Members to pursue growth opportunities; however, all promotions or role advancements are awarded solely at the discretion of the Company. Progression is not automatic or guaranteed and is contingent upon performance, business needs, and alignment with Company values.
3.8.1. Scout. A Scout is the entry-level Member who identifies and refers potential customers, businesses, or organizations interested in renewable energy solutions. Scouts may also invite prospective Members to the Surge platform in accordance with Surge’s referral policies.
3.8.2. Strategist. A Strategist is a Member who actively engages in developing, qualifying, and managing sales opportunities. Strategists may present solutions, generate proposals, and collaborate with EPC Partners, Product Partners, and Finance Partners to bring projects to completion.
3.8.3. Mentor. A Mentor is an advanced Member who provides leadership, guidance, and oversight to Scouts and Strategists. Mentors are responsible for ensuring quality standards, supporting proposal development, and fostering team growth. Mentors may also collaborate with Surge leadership in training, strategy, and partner engagement.
3.9. Inactive or Non-Producing Members. To ensure that Surge maintains an active, engaged community of professionals, Members who do not actively participate in Surge business may be subject to reclassification or termination.
3.9.1. Definition of Inactivity. A Member is considered “inactive” if they have not enrolled a Customer, submitted a project lead, or earned commissions for a period of six (6) consecutive months, or as otherwise defined by Surge policy.
3.9.2. Reclassification. Inactive Members may be reclassified to a lower membership tier, lose eligibility for overrides or bonuses, or have their accounts placed in a suspended status until reactivation requirements are met.
3.9.3. Termination for Inactivity. Surge reserves the right to terminate a Member’s account if inactivity extends beyond twelve (12) months, or if the Member fails to meet reactivation requirements. Termination for inactivity results in loss of access to the Surge platform and forfeiture of any unearned commissions.
3.9.4. Reactivation. An inactive Member may reapply or request reactivation, subject to Surge’s approval, updated enrollment requirements, and payment of any applicable fees.
3.9.5. Discretion of the Company. Surge reserves sole discretion to determine Member status based on performance, business needs, and alignment with Company values.
4. OPERATING AS A SURGE MEMBER
4.1. Compliance with Compensation Plan. Members must operate their business in strict accordance with the Surge Compensation Plan. Any unauthorized deviation from the Plan, manipulation of enrollment, falsification of volume, or attempt to circumvent compensation rules is strictly prohibited. Violations will result in suspension or termination of membership, forfeiture of commissions, and legal remedies, including but not limited to recovery of funds and contractual enforcement.
4.2. General Conduct Standards. Members are required to uphold the highest standards of professionalism and integrity. This includes:
Acting honestly and ethically in all interactions with Customers, Partners, Surge leadership, and fellow Members.
Avoiding any behavior, communication, or representation that could damage Surge’s reputation, brand, or relationships with Customers or Partners.
Refraining from harassment, discrimination, defamatory remarks, disparaging conduct, or unprofessional behavior of any kind.
Avoiding political or ideological statements, whether verbal, written, or digital, that could reasonably be viewed as offensive, divisive, or damaging to the Surge brand. Members are expected to remain neutral on political matters in all business-related interactions to avoid alienating or offending others.
Failure to meet these standards will result in suspension or termination of membership, forfeiture of commissions, and legal remedies as necessary.
4.3. Confidential Information. Members may have access to confidential information, including but not limited to customer data, partner relationships, project details, compensation reports, internal strategies, and proprietary Surge materials. Members must:
Maintain confidentiality during and after their association with Surge.
Not disclose, copy, or use such information for personal gain outside of Surge.
Not share confidential materials with competitors, third parties, or non-authorized individuals.
Return or delete all confidential materials upon request or upon termination.
Any misuse or disclosure of confidential information is grounds for immediate termination, forfeiture of commissions, legal enforcement, and liability for damages.
4.4. Conflicts of Interest. Members must avoid any activity that creates a real or perceived conflict of interest with Surge. Prohibited conduct includes, but is not limited to:
Recruiting or attempting to recruit Surge Customers, Members, or Partners into competing renewable energy or direct sales opportunities.
Using Surge’s confidential information or proprietary resources to build or promote a competing business.
Participating in any activity that undermines Surge’s reputation or relationships with EPC Partners, Product Partners, or Finance Partners.
Such conduct also constitutes a breach of the Independent Contractor Agreement. Violations will result in immediate termination of membership, forfeiture of commissions, and legal remedies, including contractual enforcement.
4.5. Non-Solicitation, Non-Competition, and Non-Circumvention. These restrictions are considered reasonable and necessary to protect Surge’s trade secrets, goodwill, partner network, and contractual relationships.
4.5.1. Active Membership Restrictions. While active with Surge, Members may not:
Directly or indirectly solicit Surge Customers, Members, or Partners into competing business ventures.
Market or sell products or services that conflict with Surge’s offerings in renewable energy without prior written approval from Surge.
Circumvent Surge by attempting to transact directly with EPC Partners, Product Partners, or Finance Partners introduced through Surge. All projects, sales, and services must be processed through the Surge platform to ensure compliance, quality control, and proper compensation.
4.5.2. Post-Termination Restrictions. For a period of twelve (12) months following termination, whether voluntary or involuntary, a former Member may not:
Solicit or attempt to solicit any Surge Customer with whom they had direct or indirect contact through Surge.
Recruit or attempt to recruit any Surge Member, EPC Partner, Product Partner, or Finance Partner into a competing business venture.
Circumvent Surge by engaging EPC Partners, Product Partners, or Finance Partners directly for project fulfillment outside of Surge.
Use Surge’s confidential information, customer lists, or partner relationships for competitive purposes.
4.5.3. Cross-Recruiting Prohibited. Members may not recruit, attempt to recruit, or solicit any other Surge Member into another direct sales, network marketing, or renewable energy opportunity. This prohibition applies during the term of membership and for twelve (12) months following termination. Cross-recruiting includes, but is not limited to:
Promoting other business opportunities to Surge Members through phone, email, social media, or events.
Encouraging Surge Members to leave Surge in favor of a competing company or opportunity.
Using Surge events, training sessions, or digital platforms to promote outside ventures.
4.5.4. Consequences of Violation. Any violation of this Section (4.5) may result in immediate suspension or termination of membership, forfeiture of commissions, and legal enforcement, including but not limited to injunctive relief, damages, and recovery of costs.
4.6. Intellectual Property & Use of Surge Brand.
4.6.1. Permitted Use. Members may only use Surge’s name, logos, trademarks, and marketing materials as expressly permitted. All uses must:
Follow brand guidelines issued by Surge.
Avoid alteration, misuse, or creating the appearance of being an official Surge publication without approval.
Immediately cease upon request by Surge or upon termination of membership.
4.6.2. Prohibited Uses. Members may not register, purchase, or use any domain name, website, email address, or social media handle that contains the word “Surge,” any Surge trademark, or any confusingly similar variation (e.g., surgesolar.com, surgeenergy.com, surgecleanenergy.org). Members may not create standalone websites or digital platforms that appear to represent Surge Enterprises, its programs, or its brand directly. Examples of prohibited domains include surgecommercialsolar.com, surgeenergy.com, surgecleanenergy.com or similar variations that imply official affiliation. Members may, however, reference Surge on their own independent business websites or marketing channels solely to identify themselves as an “Independent Member of Surge Enterprises. This site/page is not owned or operated by Surge Enterprises.”
4.6.3. Ownership. All rights in and to the Surge name, logo, trademarks, trade dress, and marketing materials remain exclusively with Surge Enterprises. Unauthorized use or registration of domains, pages, or other brand assets may result in disciplinary action, including suspension or termination of membership, forfeiture of commissions, and legal remedies.
4.6.4. Domain and Handle Transfer Obligation. If a Member has registered any domain name, email address, or social media handle that includes “Surge” or any confusingly similar mark, the Member agrees to transfer ownership of such domain, address, or handle to Surge Enterprises upon request, without compensation. Failure to comply may result in immediate termination, forfeiture of commissions, and legal enforcement.
4.7. Advertising and Marketing Rules. To protect Surge’s reputation, ensure compliance with legal requirements, and safeguard relationships with Customers and Partners, Members must adhere to the following rules:
4.7.1. Use of Approved Materials. Members may only use Surge-approved or Surge-compliant marketing materials. Any materials created independently by Members must be submitted to Surge for review and approval prior to use.
4.7.2. Prohibited Claims. Members may not make income claims, earnings guarantees, or misrepresentations about compensation potential. Likewise, Members may not exaggerate product or service performance beyond what is supported by official Surge materials.
4.7.3. Representation of Surge. Members are prohibited from creating advertisements, listings, promotions, or campaigns that present themselves as if they are Surge Enterprises directly.
4.7.4. Disclaimers. When advertising or marketing as an Independent Member, all promotional content must include the following disclosure: “Independent Member of Surge Enterprises. This content is not sponsored or approved by Surge Enterprises.”
4.7.5. Paid Advertising Restrictions. No paid advertising campaigns (including search engine marketing, social ads, and retargeting) that reference Surge, its Partners, or its trademarks may be launched without prior written approval from Surge.
4.7.6. Lead Generation. Members may not generate or divert leads through Surge branding for personal gain or outside opportunities. All Surge-branded leads are subject to the Lead Ownership Policy in Section 4.10.3.
4.7.7. Cross-Reference. For restrictions on websites, domains, and digital platforms, see Section 4.8 (Online Presence and Digital Advertising).
4.7.8. Consequences of Violation. Violations of these rules will result in suspension or termination of membership, forfeiture of commissions, and legal remedies, including but not limited to removal of unauthorized content and enforcement of Surge’s intellectual property rights.
4.8. Online Presence and Digital Advertising. Members may establish personal online presences (such as websites, landing pages, blogs, or other digital platforms) to support their independent business, provided that such presences comply with these Policies and Procedures. To protect Surge’s brand integrity and prevent misrepresentation, the following rules apply:
4.8.1. No Official Representation. Members may not create websites, landing pages, or digital platforms that appear to be owned, operated, or officially endorsed by Surge Enterprises. All online presences must clearly identify the Member as an Independent Member of Surge Enterprises using the following disclosure: “Independent Member of Surge Enterprises. This site/page is not owned or operated by Surge Enterprises.”
4.8.2. Domain and Handle Restrictions. Members may not register, purchase, or use any domain name, URL, or social media handle that contains the word “Surge,” any Surge trademark, or any confusingly similar variation. Any such domains, URLs, or handles must be transferred to Surge Enterprises upon request, without compensation.
4.8.3. Content Approval. Any digital content that references Surge’s name, brand, or services must be accurate, compliant with Surge guidelines, and may be subject to review and approval by Surge prior to publication. Misleading, exaggerated, or non-compliant content is strictly prohibited.
4.8.4. Advertising Consistency. Members may not direct traffic to unauthorized domains, URLs, or online assets containing the Surge name or trademarks. All online advertising that references Surge must comply with Section 4.7 (Advertising and Marketing Rules) and receive prior written approval if paid promotion is involved.
4.8.5. Online Lead Generation. All Surge-branded leads generated through digital platforms are subject to the Lead Ownership Policy in Section 4.10.3.
4.8.6. Cross-Reference. All online advertising activity must also comply with Section 4.7 (Advertising and Marketing Rules).
4.8.7. Consequences of Violation. Unauthorized use of Surge’s brand in online presences or digital advertising may result in immediate suspension or termination of membership, forfeiture of commissions, and legal enforcement, including transfer of domains or accounts to Surge Enterprises.
4.9. Social Media Guidelines. Social media is a powerful tool for brand awareness and business development, but it also presents risks to Surge’s reputation and compliance obligations. To ensure consistency and protection of the Surge brand, the following rules apply to all Member activity on social platforms (including but not limited to Facebook, Instagram, LinkedIn, TikTok, YouTube, and X):
4.9.1. Clear Identification. Members must always identify themselves as Independent Members of Surge Enterprises in any social media activity that references Surge, using the following disclosure: “Independent Member of Surge Enterprises. This content is not sponsored or approved by Surge Enterprises.”
4.9.2. No Unauthorized Accounts. Members may not create, register, or operate any social media account, page, or group that uses the word “Surge,” any Surge trademark, or any confusingly similar variation in the handle, title, or display name (e.g., “Surge Solar Team,” “Surge Commercial Projects”). Any such accounts must be transferred to Surge Enterprises upon request, without compensation.
4.9.3. Content Restrictions. Social media posts tied to Surge, including posts mentioning Surge projects, tagging Surge accounts, or using Surge branding must remain professional, accurate, and aligned with Surge’s mission and values. Members should avoid political, religious, or ideological statements in any content that references or represents Surge, where such content could reasonably be viewed as divisive or damaging to the brand. This policy does not restrict Members from expressing personal opinions on their private accounts or in contexts unrelated to Surge business, provided they do not represent those opinions as Surge’s position or imply company endorsement.
4.9.4. Paid Social Campaigns. Members may not launch sponsored posts, social ads, or boosted campaigns that reference Surge without prior written approval. Approved campaigns must follow the disclaimers and brand guidelines outlined in Sections 4.6–4.8.
4.9.5. Social Media Lead Generation. All Surge-branded leads generated through social media activity are subject to the Lead Ownership Policy in Section 4.10.3.
4.9.6. Consequences of Violation. Unauthorized use of the Surge name or brand in social media, operation of unapproved accounts, or violations of these guidelines will result in suspension or termination of membership, forfeiture of commissions, and legal remedies, including transfer of accounts or handles to Surge Enterprises.
4.10. Customer Privacy and Data Security. Customer and Partner data is one of Surge’s most valuable assets. To protect privacy, ensure compliance with applicable laws, and safeguard Surge’s reputation, Members must adhere to the following rules:
4.10.1. Proper Use of Data. Customer and Partner information may only be used for the purpose of conducting authorized Surge business. Members may not use, share, or repurpose such information for personal ventures, competing businesses, or unrelated purposes.
4.10.2. Approved Systems Only. All Customer and Partner data must be entered, stored, and managed exclusively through Surge-approved systems and platforms. Members are prohibited from exporting, duplicating, or storing Customer data in unapproved databases, spreadsheets, or third-party applications without Surge’s written consent.
4.10.3. Lead Ownership. All leads generated through the use of the Surge name, brand, trademarks, or platform remain the exclusive property of Surge Enterprises. Members are strictly prohibited from selling, transferring, or diverting such leads to third parties, including competing businesses or unrelated services. Any attempt to monetize or distribute Surge-branded leads outside of the Surge platform will result in immediate termination and legal enforcement.
4.10.4. Confidentiality. Customer and Partner information must be treated as confidential at all times. Members may not disclose such information to any unauthorized individual or entity.
4.10.5. Compliance with Law. Members must comply with all applicable data protection and privacy laws, including but not limited to CAN-SPAM, TCPA, and GDPR/CCPA where applicable. This includes obtaining consent before sending commercial communications and honoring all opt-out or “do not contact” requests promptly.
4.10.6. Security Obligations. Members are responsible for implementing reasonable safeguards to protect Customer and Partner data against unauthorized access, loss, or misuse. Any suspected data breach or security incident must be reported to Surge immediately.
4.10.7. Consequences of Violation. Misuse, mishandling, or unauthorized disclosure of Customer or Partner data will result in suspension or termination of membership, forfeiture of commissions, legal enforcement, and potential liability for damages.
4.11. Regulatory & Legal Compliance. Surge operates within a highly regulated industry, and compliance with all applicable laws is essential to protecting Customers, Partners, and the Company. Members are required to follow all federal, state, and local rules that apply to renewable energy sales, contracting, financing, and marketing activities. Failure to comply with legal or regulatory requirements places both Surge and the Member at risk and will not be tolerated.
4.11.1. Licensing Requirements. Members must comply with all federal, state, and local licensing and registration requirements that apply to renewable energy sales, contracting, or related activities. This includes but is not limited to contractor licensing, solicitation permits, and utility program registration where required. Members may not represent themselves as licensed professionals unless they personally hold such licenses.
4.11.2. Permits and Approvals. All projects facilitated through Surge must comply with applicable permitting, inspection, and regulatory requirements. Members may not make promises or representations regarding project approvals, timelines, or incentive eligibility without confirmation from Surge or its approved Partners.
4.11.3. Consumer Protection Laws. Members must adhere to all applicable consumer protection laws, including truth-in-advertising, fair business practices, and cancellation rights. Where legally required, Customers must be provided with notice of any statutory “cooling-off” or cancellation period, and such rights must be honored in full.
4.11.4. Compliance with Incentive Programs. If a Customer participates in a federal, state, or utility incentive program (e.g., rebates, tax credits, grants), Members must present such opportunities truthfully and may not guarantee eligibility, approval, or specific outcomes unless confirmed in writing by Surge or its approved Partners.
4.11.5. Responsibility for Violations. Members are solely responsible for their compliance with all applicable laws and regulations. Any violation that results in regulatory action, fines, or penalties may result in termination of membership, forfeiture of commissions, and liability for damages.
4.12. Ethical Customer Conduct. To protect Surge’s reputation and ensure that all Customers receive fair, respectful, and transparent treatment, Members must adhere to the highest ethical standards in all customer-facing activities. These rules are designed to safeguard both Customers and Surge while reinforcing trust and credibility in every interaction.
4.12.1. Honesty and Transparency. Members must present all products, services, pricing, and financing options accurately and truthfully. Misrepresentation, exaggeration, or false promises are strictly prohibited.
4.12.2. Prohibition on High-Pressure Tactics. Members may not engage in high-pressure, manipulative, or misleading sales tactics, including but not limited to false urgency, intimidation, or exploiting a Customer’s lack of knowledge.
4.12.3. Compliance with Solicitation Rules. If engaging in direct outreach (including door-to-door canvassing, telemarketing, or similar activities), Members must comply with all local licensing, permitting, and “do not solicit” requirements.
4.12.4. No Side Deals with Customers. Members may not enter into private agreements, consulting arrangements, or collect fees directly from Customers for services related to Surge projects. All sales and services must be processed through the Surge platform.
4.12.5. Neutral Representation. Members may not use political, religious, or ideological arguments in customer interactions or sales presentations conducted under the Surge brand in a manner that could be divisive or damaging to Surge’s reputation. This standard applies only to communications made on behalf of Surge and does not limit a Member’s personal expression outside of Surge business activities.
4.12.6. Consequences of Violation. Violations of this Section will result in corrective action, which may include suspension or termination of membership, forfeiture of commissions, and legal remedies, including liability for damages.
4.13. Unauthorized Communication and Public Representation. To preserve the integrity of the Surge brand and prevent misrepresentation, Members must not make public statements or issue communications that appear to speak on behalf of Surge Enterprises without prior written authorization. All official communications must originate from designated company representatives to ensure accuracy, professionalism, and consistency with Surge’s mission and values.
4.13.1. Official Communications. Only authorized representatives of Surge Enterprises may issue statements, press releases, or public announcements on behalf of the Company. Members may not represent themselves as executives, employees, or spokespersons for Surge in any communication, whether written, verbal, or digital.
4.13.2. Public Appearances and Media. Members must obtain prior written approval from Surge before participating in media interviews, podcasts, press opportunities, or public events where Surge’s name, brand, or business activities will be discussed.
4.13.3. Mass Communications and Group Messaging. Members are prohibited from sending bulk emails, text messages, or digital broadcasts that use Surge branding or appear to originate from Surge corporate channels without prior written authorization.
4.13.4. Misrepresentation Prohibited. Members may not make statements, promises, or endorsements on behalf of Surge, its leadership, or its Partners that have not been expressly approved. Any misrepresentation, including false claims of affiliation or authority, constitutes grounds for immediate termination and possible legal action.
4.14. Cooperation with Investigations and Audits. Surge maintains strict compliance with all applicable laws, regulations, and contractual obligations. To support this, Members are required to cooperate fully with any investigation, audit, or inquiry conducted by Surge, its Partners, or any governmental or regulatory authority.
4.14.1. Cooperation. Cooperation includes providing complete and truthful information, promptly producing records, and participating in interviews or compliance reviews when requested. Members must not conceal, falsify, destroy, or withhold information relevant to an investigation or audit.
4.14.2. Consequences of Failure to Cooperate. Failure to cooperate, or any attempt to obstruct or mislead investigators, will result in immediate termination of membership, forfeiture of commissions, and potential legal action.
5. SALES AND TRAINING RESPONSIBILITIES
5.1. Presentation of Products and Services. Members must present Surge’s products, services, and solutions accurately and only as approved by Surge. This includes:
Using only Surge-approved presentations, proposals, and marketing materials.
Providing Customers with clear, truthful, and complete information.
Avoiding unsubstantiated claims about system performance, financial savings, or project timelines.
Any misrepresentation to Customers may result in corrective action, including termination and liability for damages.
5.2. Accuracy of Information. Members are responsible for ensuring that all information provided to Surge, Customers, and Partners is accurate, complete, and truthful. This applies to:
Customer details and project information entered into the Surge platform.
Member credentials, licenses, and qualifications.
Communications with Customers, Partners, and Surge leadership.
Providing false, incomplete, or misleading information is grounds for termination.
5.3. Required Training and Continuing Education. Members must complete initial training requirements as specified by Surge and participate in ongoing education programs to maintain compliance and effectiveness. This may include:
Surge platform training modules.
Product and Partner training updates.
Compliance and policy refresher courses.
Failure to complete required training may result in suspension of access to Surge systems or termination.
5.4. Reporting Policy Violations. Members have a duty to report any known or suspected violations of these Policies and Procedures. Reports should be made through official Surge reporting channels. Failure to report serious violations may result in disciplinary action.
5.5. Downline Team-Building and Mentorship Duties. Mentors and team-building Strategists have additional responsibilities to support and guide their Downline. This includes:
Providing accurate guidance and support to Scouts and Strategists.
Ensuring their Downline Members understand and comply with Surge’s Policies and Procedures.
Modeling professionalism, compliance, and ethical conduct.
5.5.1. Oversight Responsibility. Members who enroll or mentor other Members (“Downline”) are expected to provide reasonable oversight, guidance, and support to ensure their Downline complies with these Policies and Procedures.
5.5.2. Accountability for Misconduct. While each Member is individually responsible for their own actions, Surge reserves the right to hold Upline Members accountable if they knowingly encourage, ignore, or fail to address misconduct or policy violations within their Downline.
5.5.3. Training Obligations. Upline Members, particularly those serving as Mentors, are responsible for making training, guidance, and support reasonably available to their Downline. Failure to provide adequate support may affect eligibility for overrides, bonuses, or leadership advancement.
5.5.4. No Vicarious Liability. Surge does not automatically hold Upline Members liable for every action of their Downline. Accountability arises only where the Upline has direct knowledge of misconduct, fails to act, or benefits from violations.
5.5.5. Enforcement. Violations of this Section may result in corrective action, including suspension or loss of overrides, removal from leadership roles, or termination of membership.
5.6. Training, Oversight, and Events. To maintain consistency, protect the Surge brand, and ensure Members receive accurate information and guidance, all training, coaching, and educational activities must be conducted responsibly and under Surge’s oversight.
5.6.1. Authorized Training Only. Members are not permitted to create, sell, or host unauthorized training, events, or materials under the Surge name or brand, or that of its Partners. All official Surge training is provided or authorized directly by the Company.
5.6.2. Duty of Oversight. Mentors and uplines are responsible for providing adequate training, guidance, and oversight to their downline Members (including Scouts and Strategists). This includes ensuring that all Members within their team understand and comply with Surge’s Policies and Procedures, Code of Conduct, and Compensation Plan.
5.6.3. Accountability for Team Conduct. If a downline Member engages in misconduct, non-compliance, or unethical behavior, Surge may review the actions of the upline Mentor or leader to determine whether appropriate supervision, correction, or reporting was exercised. A failure to provide oversight, report known violations, or address issues within a reasonable time may result in disciplinary action, including warnings, suspension, or loss of leadership privileges.
5.6.4. Reporting Obligations. Mentors and uplines must promptly report any observed or suspected violations of these Policies and Procedures by Members within their organization. Reports should be made to Surge Compliance or leadership through official channels. Failure to report known violations may be treated as complicity or negligence.
5.6.5. Prohibition on Paid Training. Members may not charge other Members for training, coaching, masterminds, or events related to Surge’s business, products, or opportunities.
5.6.6. Use of Surge Brand. Members may not use the Surge name, trademarks, or branding, or those of its Partners, in connection with independently organized trainings, webinars, or events without prior written approval from Surge.
5.6.7. Event Authorization. All Member-led events, whether virtual or in-person, that reference Surge must be approved in writing by the Company. This includes informational sessions, opportunity meetings, or educational presentations.
5.6.8. Personal Development Activities. Members may share general business or personal development resources (e.g., books, podcasts, courses) with their downline, provided these do not conflict with Surge policies or misrepresent themselves as official Surge training.
5.6.9. No Vicarious Liability. While Mentors are responsible for oversight and training, they are not automatically liable for independent actions of downline Members unless Surge determines negligence, complicity, or willful ignorance. Each Member remains independently responsible for their own conduct and compliance.
5.6.10. Consequences of Violation. Violations of this Section may result in corrective action, including suspension or termination of membership, forfeiture of commissions, and legal remedies.
6. COMPENSATION AND PAYMENTS
6.1. General Compensation Overview. Members are compensated solely according to the official Surge Compensation Plan, as may be amended from time to time. No verbal, written, or implied agreements outside of the published Compensation Plan are valid. Members are not entitled to compensation for any activities or services unless explicitly provided for in the Compensation Plan.
6.2. Commission Structure. Commissions are earned only on completed projects that are sold through the Surge platform, approved by Surge, and installed by authorized EPC Partners. Commissions are based on the scope, pricing, and structure of the project as determined by Surge. Overrides, mentorship bonuses, and other performance incentives are calculated as outlined in the Compensation Plan.
6.3. Payment Schedule. Commissions are processed and paid on a schedule established by Surge (see Compensation Plan), based on Customer payments received by Surge. Payments are made via the payment method designated by the Member within the Surge platform. Surge is not responsible for delays caused by inaccurate Member payment details, bank errors, or third-party processing delays.
6.4. Adjustments, Clawbacks, and Chargebacks. Surge reserves the right to adjust, withhold, or recover (claw back) commissions, bonuses, or other compensation in the following circumstances:
Project Cancellations. A project is canceled, refunded, or fails to install for any reason.
Customer Default. A Customer defaults on payment, cancels financing, or withdraws prior to funding.
Misrepresentation or Error. A Member provided false, misleading, or incomplete information, or errors were discovered in submitted project details.
Policy Violations. A Member engaged in conduct that violates these Policies and Procedures or the Independent Contractor Agreement.
Fraud or Misconduct. Compensation was paid in connection with fraudulent, unethical, or prohibited activities.
6.4.1. Recovery Methods. Surge may withhold future commissions, offset amounts owed against future earnings, or demand direct repayment from the Member. By participating in Surge, Members expressly agree to repay any amounts identified as subject to clawback within thirty (30) days of written notice from Surge.
6.4.2. Survival. Clawback obligations survive termination, expiration, or cancellation of membership. Surge retains the right to pursue repayment from former Members to the fullest extent permitted by law.
6.5. Taxes and Withholding. Members are independent contractors and are solely responsible for reporting and paying their own income, self-employment, and other applicable taxes. Surge will issue tax forms (e.g., 1099-NEC in the United States) as required by law. Surge may withhold taxes where legally required (e.g., for non-U.S. residents or in compliance with garnishments).
6.6. Bonuses and Incentives. Surge may offer performance bonuses, contests, or incentive programs at its discretion. Such programs:
Are temporary and may be modified, suspended, or terminated without notice.
Are subject to all other provisions of these Policies and Procedures.
Do not create any vested or ongoing right to future bonuses or incentives.
6.7. Non-Circumvention of Compensation. All commissions, overrides, bonuses, and incentives must be earned and paid exclusively through the Surge platform. Members may not:
Enter into side agreements with EPC Partners, Product Partners, or Finance Partners for direct compensation outside of Surge.
Negotiate project pricing, commissions, or payments directly with Partners or Customers in a way that bypasses Surge.
Accept compensation, referral fees, or other payments from Surge Partners or Customers that are not expressly authorized by Surge.
Any attempt to circumvent Surge’s Compensation Plan will result in immediate termination, forfeiture of commissions, and legal enforcement.
7. TRANSFERS AND SUCCESSION
7.1. Transfer of Member Accounts. Membership with Surge is personal and may not be sold, assigned, or transferred without the prior written approval of Surge Enterprises. Unauthorized transfers of accounts, Downlines, or Customer relationships are strictly prohibited. Surge reserves the sole discretion to approve or deny transfer requests. Any attempted transfer without approval is void and may result in immediate termination of membership and forfeiture of commissions.
7.2. Death or Incapacity. In the event of a Member’s death or legal incapacity:
The Member’s rights and obligations may be transferred to a legal heir, executor, or administrator of the estate, subject to Surge’s approval.
The successor must meet all eligibility requirements, execute a new Independent Contractor Agreement, and comply with these Policies and Procedures.
If no qualified successor is designated within six (6) months, the membership will be terminated, and any remaining commissions will be paid to the Member’s estate.
7.3. Mergers, Acquisitions, and Sale of Business. If a Member operates their Surge membership through a business entity (e.g., LLC, corporation), any merger, acquisition, or sale of that entity that would materially change ownership or control requires prior written approval from Surge. Surge may approve, conditionally approve, or deny the transfer at its sole discretion. Approval is contingent upon the new ownership satisfying all Member eligibility requirements and executing an Independent Contractor Agreement. Failure to obtain prior approval will result in termination of the membership.
7.4. Right of First Refusal. Before any approved transfer, sale, or assignment of a membership or business entity interest may be completed, Surge Enterprises shall have the right of first refusal to purchase the membership or ownership interest on the same terms and conditions offered to a third party. The Member (or their estate) must provide Surge with written notice of the proposed transfer, including all material terms of the offer. Surge shall have thirty (30) days from receipt of notice to exercise its right of first refusal. If Surge declines to exercise this right, the Member may proceed with the transfer only if it has been expressly approved under Sections 7.1–7.3.
8. TERMINATION OF MEMBERSHIP
8.1. Voluntary Termination. A Member may voluntarily terminate their membership by submitting written notice to Surge. Voluntary termination is effective upon acceptance by Surge. Commissions that have already been earned in accordance with the Compensation Plan shall be paid following termination, even if the payout date occurs after termination. Any commissions not yet earned (e.g., tied to projects that are canceled, unpaid, unfunded, or incomplete at the time of termination) are forfeited.
8.2. Involuntary Termination. Surge may terminate a Member’s status immediately, with or without notice, for cause. Grounds for involuntary termination include but are not limited to:
Violation of these Policies and Procedures or the Independent Contractor Agreement.
Fraud, misrepresentation, or unethical conduct.
Circumvention of Surge’s platform, Compensation Plan, or Partner relationships.
Misuse of Surge’s brand, confidential information, or intellectual property.
Harassment, discrimination, or conduct that damages Surge’s reputation or relationships.
Legal or regulatory violations that compromise Surge’s operations.
Termination for cause results in the immediate loss of all rights and privileges. In the event of involuntary termination for cause, the Member immediately and permanently forfeits all rights to commissions, overrides, bonuses, and incentives, including amounts that may otherwise have been earned but not yet paid. Surge shall have no further obligation to compensate the terminated Member. Surge reserves the right to claw back or recover commissions, bonuses, or other compensation already paid if such amounts were connected to fraud, misrepresentation, or any violation of these Policies and Procedures. Surge may pursue any legal or equitable remedies available under Section 9 (Dispute Resolution), including immediate injunctive or court action to enforce its rights and protect its interests.
8.3. Suspension of Accounts. At its discretion, Surge may suspend a Member’s account pending investigation of suspected violations. During suspension:
The Member may not enroll new Customers or Members.
Commissions may be withheld until the investigation is complete.
Following investigation, Surge may reinstate, terminate, or take other corrective action.
8.4. Effects of Termination. Upon termination, whether voluntary or involuntary:
The Member loses all rights to commissions, overrides, bonuses, and incentives not yet earned or paid.
The Member forfeits all Customers, leads, Downline, and relationships built through the Surge platform. These remain the property of Surge Enterprises.
The Member must immediately cease representing themselves as associated with Surge.
The Member must return or destroy all confidential materials, Official Materials, and proprietary information belonging to Surge.
Any outstanding obligations or debts to Surge remain due and enforceable.
Additional post-termination obligations are described in Section 8.6.
8.5. Reapplication After Termination. A Member whose account has been voluntarily terminated may reapply after twelve (12) months, subject to current enrollment requirements and company approval. Members terminated for cause are permanently ineligible to rejoin Surge unless expressly authorized in writing by executive leadership. Any reapplication approved after prior termination shall be treated as a new membership with no restoration of previous Downline, Customers, or compensation rights.
8.6. Post-Termination Restrictions. To protect Surge’s trade secrets, goodwill, and contractual relationships, the following restrictions apply for a period of twenty-four (24) months following termination, whether voluntary or involuntary: non-solicitation of Customers, non-recruitment of Members and Partners, non-circumvention of Surge, and confidentiality. Violations of these post-termination restrictions may result in legal action, injunctive relief, and liability for damages, in accordance with Section 9 (Dispute Resolution).
8.6.1. Non-Solicitation of Customers. Former Members may not solicit, attempt to solicit, or service any Surge Customer with whom they had direct or indirect contact during their membership.
8.6.2. Non-Recruitment of Members and Partners. Former Members may not recruit, attempt to recruit, or engage any Surge Member, EPC Partner, Product Partner, or Finance Partner into a competing business venture.
8.6.3. Non-Circumvention of Surge. Former Members may not transact directly with EPC Partners, Product Partners, or Finance Partners introduced through Surge for the purpose of fulfilling projects outside the Surge platform.
8.6.4. Confidential Information. Former Members remain bound by confidentiality obligations indefinitely. No proprietary information, data, or materials may be disclosed, copied, or used for competitive purposes.
9. DISPUTE RESOLUTION
9.1. Mediation Requirement. In the event of any dispute, claim, or controversy arising out of or relating to these Policies and Procedures, the Compensation Plan, or any Member’s relationship with Surge Enterprises (“Surge”), the parties agree to first attempt to resolve the matter through good-faith mediation. Mediation shall be conducted in the county and state of Surge’s principal place of business, unless otherwise agreed in writing. The costs of mediation shall be shared equally by the parties, unless otherwise agreed.
9.2. Litigation. If mediation does not resolve the dispute within thirty (30) days of initiation (or such longer period as the parties mutually agree), Surge may pursue any available legal or equitable remedies in a court of competent jurisdiction. A Member may only initiate court proceedings after providing written notice to Surge and allowing a reasonable opportunity for informal resolution in good faith. Surge retains the unrestricted right to seek immediate injunctive or equitable relief to prevent or remedy any breach of these Policies and Procedures, including but not limited to violations of confidentiality, non-circumvention, non-competition, or intellectual-property obligations.
9.3. Class Action Waiver. To the fullest extent permitted by law, each Member agrees that any claim or cause of action arising out of or related to their relationship with Surge shall be brought individually and not as part of any class, collective, or representative action. The court shall have no authority to consolidate claims or award relief to anyone who is not a party to the proceeding.
9.4. Governing Law and Venue. These Policies and Procedures shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict-of-law principles. Venue for any legal action shall lie exclusively in the state or federal courts located in the county and state of Surge’s principal place of business, and each party irrevocably consents to the personal jurisdiction of those courts.
9.5. Attorneys’ Fees and Costs. Each party shall bear its own attorneys’ fees and litigation expenses, except that the prevailing party in any court action or proceeding to enforce these Policies & Procedures shall be entitled to recover reasonable attorneys’ fees and costs as awarded by the court.
10. MISCELLANEOUS POLICIES
10.1. Amendments and Updates to Policies. Surge Enterprises reserves the right to amend, modify, or update these Policies and Procedures, the Compensation Plan, or any related documents at its sole discretion. Members will be notified of material changes through official Surge communication channels (e.g., email, platform announcements, or Member portal updates). Continued participation as a Member after notice of amendments constitutes acceptance of the revised terms.
10.2. Notices and Communications. All official notices from Surge shall be deemed delivered when sent via email to the Member’s registered address, posted to the Surge Member portal, or otherwise communicated through official company channels. Members are responsible for keeping their contact information current with Surge. Notices from Members to Surge must be submitted in writing to the address or email designated by Surge for such purposes.
10.3. Entire Agreement. These Policies and Procedures, together with the Independent Contractor Agreement and the Compensation Plan, constitute the entire agreement between the Member and Surge Enterprises. This agreement supersedes all prior or contemporaneous understandings, whether written or oral, relating to the Member’s relationship with Surge. No representations, promises, or commitments not expressly set forth in these documents are binding upon Surge.
10.4. Survival of Certain Provisions. The following provisions shall survive termination, expiration, or cancellation of a Member’s relationship with Surge:
Changes to the Agreement (Section 2.3)
Severability (Section 2.5)
Waiver (Section 2.6)
Reservation of Rights (Section 2.9)
Independent Contractor Status (Section 3.4)
Confidentiality (Section 4.3)
Non-Solicitation, Non-Competition, and Non-Circumvention (Section 4.5)
Customer Privacy and Data Security (Section 4.10)
Compensation Adjustments, Clawbacks, and Chargebacks (Section 6.4)
Post-Termination Restrictions (Section 8.6)
Dispute Resolution (Section 9)
These obligations remain enforceable regardless of a Member’s status with Surge.
ACKNOWLEDGMENT AND ACCEPTANCE
By enrolling as a Member of Surge Enterprises (“Surge”) and participating in any activities related to Surge’s business, I acknowledge that I have read, understood, and agree to comply with the terms and conditions set forth in these Policies and Procedures, as may be amended from time to time.
I understand that:
I operate as an independent contractor, not an employee, partner, or agent of Surge.
Compliance with these Policies and Procedures is a condition of maintaining my status as a Surge Member. Violation of these Policies and Procedures may result in disciplinary action, including suspension, termination, forfeiture of commissions, and legal enforcement.
Surge reserves the right to amend these Policies and Procedures, the Compensation Plan, or any related documents at its discretion, and continued participation constitutes acceptance of such amendments.
I further affirm that all information provided in my enrollment application is true, complete, and accurate, and that I will promptly update Surge if any information changes.
By proceeding with participation in the Surge platform, I hereby signify my acknowledgment, understanding, and acceptance of these Policies and Procedures in full.
DOCUMENT REVISION FOOTER
Document Title: Surge Policies & Procedures
Version: 2.0
Effective Date: January 1, 2025
Approved By: Executive Team and Chief Executive Officer (CEO)
Prepared By: Chief Executive Officer (CSO) and Legal Team, Surge Enterprises LLC
Review Cycle: Quarterly or as amended by Surge Executive Team or Legal Team
Distribution: Internal & Authorized Surge Members Only
Confidential Notice: This document contains proprietary and confidential information of Surge Enterprises LLC. It is intended solely for use by Surge personnel, affiliates, and authorized partners. Unauthorized reproduction, disclosure, or distribution is strictly prohibited without prior written consent from Surge Enterprises LLC.
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