$1,000,000 Tax Audit Defense™

$1 Million Tax Audit Defense Membership Program Agreement

The terms and conditions of this Membership Agreement (the "Agreement") govern the Protection Plus $1 Million Tax Audit Defense Membership Program ("Program") provided to members of the Program ("Members") by Tax Protection Plus, LLC and the American Advantage Association (cumulatively referred to as “Company”). By accepting enrollment in the Program, you are agreeing to the terms of this Agreement.

1. Definitions: The following definitions are applicable to the Agreement.

"ERO" means the Electronic Return Originator participating in the Program approved and authorized by Company.
"Protection Plus $1 Million Tax Audit Defense Membership Program" (or the "Program") is a service program offered by Company and is paid for by the ERO and provided to the Taxpayer as part of the tax preparation services at no additional cost to the Taxpayer.
"Return" means an IRS acknowledged individual federal tax return form 1040, 1040SR, and 1040NR, and/or a state acknowledged individual state return (if applicable) for the previous year’s tax return and is not otherwise excluded in this Agreement. Returns filed after the October Extension filing deadline are not eligible for enrollment or Company services.
“Negligence” means failure on the part of the tax preparer to exercise the care or apply the effort to research IRS and/or state tax codes, instructions and guidelines that a reasonably prudent tax preparer would exercise in their efforts to comply with IRS and/or state tax codes in the preparation of a tax Return; or failure on the part of the Taxpayer to exercise the care or apply the effort that a reasonably prudent person would exercise in providing their tax preparer with complete and accurate information to enable them to accurately prepare the tax Return.
"Tax Preparer" means the individual completing and signing the acknowledged Return as the paid preparer.
"Taxpayer" or “Member” means the individual (or individuals if filing a Joint Return) for whom the Tax Preparer completes and signs an acknowledged Return.
“Company” Tax Protection Plus, LLC and the American Advantage Association
“Company Program Fee” the Company established fee charged by Company for a Taxpayer to participate in the Program and paid to Company by the ERO.

2. Services provided by Company under the Program: From the date the IRS or state (if applicable) has acknowledged transmission of your Return and Company receives payment of the Company Program Fee and for a period of three (3) years (for Federal Returns) and four (4) years for state Returns) after the April filing deadline for the Return (the Membership Term), if the IRS or state audits or issues a letter or notice regarding the Taxpayer’s Return, Company will provide the Taxpayer with the following services to be performed exclusively by Company representatives for up to $1,000,000.00 in service fees at Company’s then current retail rate structure for such services (collectively, the “Services”):

2.1 Evaluation of all related IRS and/or state correspondence.
2.2 Explanation of case requirements and the available options.
2.3 Professional IRS and/or state document review, consultation and organization.
2.4 Drafting of letters and other necessary correspondence with the IRS and/or state as needed.
2.5 Assistance with telephone communication with the IRS and/or state agent for explanations and discussions during the audit process.
2.6 Assistance with all IRS forms unless excluded below in section 3.
2.7 Assistance with denied credits, including: Earned Income Credit, Child and Dependent Care Credit, Education Credits, Child Tax Credit, Additional Child Tax Credit, Adoption Credit, Credit for the Elderly or Disabled, Savers Credit.
2.8 Assistance with rejected W-7 applications.
2.9 Assistance with IRS and/or state Identity Theft
2.10 Tax debt relief including but not limited to Installment Agreements, Offers in Compromise, Tax Penalty Abatement, Tax Liens, Wage Garnishment Relief, and Innocent Spouse Relief provided that Taxpayer meets all guidelines for approval of the applicable debt relief and pays all associated governmental fees. Note: Taxpayers with unpaid prior tax debt may not qualify for assistance with some or all tax debt relief options, including but not limited to Offers in Compromise.
2.11 Representation before the IRS or state taxing authority by a credentialed Company representative, when Company, in its sole discretion, determines such representation is necessary.
2.12 Legal representation in a federal or state tax court by a Company appointed tax attorney, when Company, in its sole discretion, determines such legal representation is the most advisable option.
2.13 The Services are subject to change, modification, or substitution at any time without notice to the Member. In order to receive Services, a Member must access the services as instructed within the Membership materials provided.

3. Program Exclusions: The following types of tax returns and or Inquiries are specifically excluded. Company is under no obligation to provide Taxpayer with the Services in connection with such returns and or Inquiries:

3.1 Returns other than individual 1040, 1040SR, and 1040NR, and state Returns including, but not limited to, corporate, partnership, trust, estate, gift and employment returns.
3.2 Returns in which the Taxpayer, Tax Preparer or ERO had knowledge of additional taxes owed as of the date Taxpayer enrolled in the Program.
3.3 Returns prepared with Negligence, recklessness, intentional misrepresentation or fraud.
3.4 Local, city and county tax.
3.5 Returns that have become subject to IRS or state criminal investigations.
3.6 Inquiries and/or notices related to foreign income, flow-through entities (partnerships and S-corporations as reported on Schedule K), court awards and damages, bartering income, canceled debt, estate tax or gift tax.
3.7 Inquiries and/or notices related to the following credits: Foreign tax credit, Plug-in electric vehicle credit, Residential energy efficient property credit, Mortgage interest credit, Credit to holders of tax credit bonds, Health coverage tax credit, "Credit" for prior year minimum tax, "Credit" for excess railroad retirement tax withheld.
3.8 When there is a lack of clarity from the IRS and/or state taxing authorities, we may not be able to provide complete assistance.
3.9 Any services performed by any individual or company other than the Services performed by Company or a Company appointed representative.

4. Taxpayer Responsibilities: In order for Company to be obligated to provide the Services to Taxpayer, the Taxpayer agrees to take the following actions:

4.1 Contact the IRS and/or state (with the assistance of Company) per the audit notice received to request an extension of the deadline for responding,
4.2 Notify Company of any IRS and/or state correspondence or notice regarding the Return within thirty (30) days from the date of such notice along with a complete copy of the Return.
4.3 Provide Company any further assistance or documents as requested that support claims made on the Return.

5. Disclosure of Information: Taxpayer hereby agrees that his/her specific Taxpayer information, including all information that Taxpayer has disclosed to the ERO or has been included on the Return, may be disclosed by the ERO to Company and used by Company in the manner consistent with this Agreement.

6. Cancellation: If, for any reason, a Member is not satisfied with the Program and wishes to terminate his/her membership, the Member may cancel the membership by notifying Company in writing or by telephoning a Program representative. Membership in the Program shall terminate on the date that Company receives written notice of cancellation.

7. Member Representations and Acknowledgements: In return for the Services available under the Program, the Member makes the following representations and acknowledgements:

7.1 Member has read this Agreement carefully and understands the Program.
7.2 Member may cancel his/her Program membership at any time before the conclusion of the Membership Term.
7.3 Membership in the Program and benefits thereunder are not assignable without the express written consent of Company. Member agrees that he/she will use his/her Program membership only for his/her personal benefit. A Member's violation of this paragraph 7.3 will result in immediate termination of the Program Membership.
7.4 Member acknowledges that Company bears no responsibility for the payment of (or contribution to) any use or sales tax that may be imposed by any state or federal taxing authority on the Services provided under the Program. Payment of such taxes, to the extent imposed, shall remain the sole responsibility of the Member.
7.5 Member understands that Member is responsible for paying the Tax Preparer or ERO for their services rendered.
7.6 Member understands and agrees that all Tax Preparers and EROs are independent contractors, and that Company in no way is responsible for the Services provided by a Tax Preparer or ERO.
7.7 Member understands and agrees that they will be enrolled as a member of the American Advantage Association to be eligible to receive the benefits of the Program.
7.8 Member understands and agrees that the Program is not insurance.
7.9 The Taxpayer represents and warrants that they have truthfully provided correct, accurate and complete information to the Tax Preparer and to the best of Taxpayer’s knowledge, the Tax Preparer has truthfully, completely and accurately completed all tax return forms and due diligence worksheets and procedures in accordance with all applicable IRS and state (if applicable) rules, regulations, procedures, guidelines, publications and requirements, and that the Services provided under the Program are conditioned upon such completion.

8. Disclaimer: Failure to comply with procedure and strategy actions recommended by Company may result in an IRS and/or state (if applicable) ruling unfavorable to the Taxpayer. Failure or refusal to comply with requests or instructions from the IRS and/or state (if applicable) during the audit may result in adverse actions taken by the IRS and/or state to Taxpayer’s detriment. In all cases, Company will not be held responsible for the outcome and reserves the right to cease providing services when reasonably warranted.

9. Disclaimer of Warranties: Company is not a Tax Preparer, ERO, or a direct Provider of the tax services provided to Members other than the Program. ACCORDINGLY, COMPANY GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY SERVICES OR MERCHANDISE PURCHASED OR RECEIVED BY A MEMBER FROM A PARTICIPATING TAX PREPARER OR ERO. MEMBER ACKNOWLEDGES THAT HE/SHE IS NOT RELYING ON COMPANY’S SKILL OR JUDGMENT IN SELECTING A TAX PREPARER OR ERO FOR THE SERVICES PROVIDED TO MEMBERS BY THE TAX PREPARER OR ERO. In the event any product or service (other than the Program) purchased or received by a Member from a Tax Preparer or ERO is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the Provider, Seller, Merchant, or Manufacturer of the product or service for any repair, exchange, refund, or satisfaction of claim.

10. General Release: Each Member who uses the Services under the Program membership hereby forever releases, acquits and discharges Company and their employees, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that such Member or Member's legal representative(s) may have by reason of any monetary damage or personal injury sustained as a result of or during the course of the use of any and all Services under the Program. The sole recourse available to a Member or Member's legal representative(s) against Company shall be cancellation of the Program membership as provided in Section 6.

11. Notices: Any and all notices, consents, approvals, requests, and other written communications given or required under the terms of this Agreement shall be deemed to have been duly given and served when sent by email, U.S. Postal mail, postage prepaid and addressed to the Member, at the address provided by the Member.

12. Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties with regard to membership in the Program. No representations, inducements, promises or agreements, or otherwise, shall be of any force or effect. The validity or unenforceability of any term of this Agreement shall in no way affect the validity or enforceability of any other terms or provisions of this Agreement. Member Acknowledges that THE PROGRAM IS NOT INSURANCE.

13. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties as well as their respective successors and permitted assigns.

14. Governing Law: This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina regardless of any application of principles regarding conflicts of laws.

15. Headings: The headings or captions provided throughout this Agreement are for reference purposes only and shall in no way affect the meaning or interpretation of this Agreement.

16. Waiver of Breach: Waiver of breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision.

Tax Protection Plus
P.O. Box 24279 Winston Salem, NC 27114
cases@taxprotectionplus.com | Phone # 866-942-8348 | Fax# 850-424-1420

Identity Theft Restoration Membership Program Agreement

Services provided by Company under the Program: From the date the IRS and/or state (if applicable) has acknowledged transmission of your Return and Company receives payment of the Company Program Fee paid by the ERO and for a period of one (1) year (the Membership Term), Company will provide the Taxpayer, and other individuals listed on the tax Return (collectively, the “Taxpayer”) with the following services (collectively, the “Services”):

Identity Theft Restoration: Taxpayer is provided with toll free telephone access to an Identity Theft Risk Management Specialist who will provide Taxpayer with the following recovery services*:

Assist members with Investigating fraudulent activity.
Place phone calls, send electronic notifications, and prepare appropriate documentation on the member’s behalf, including dispute letters for defensible complaints to any and all appropriate state agencies and financial institutions.
Issue fraud alerts and victim statements when necessary, with the three consumer credit reporting agencies, the FTC, SSA, and U.S. Postal Service.
Submit ID Theft Affidavit to involved creditors for card cancellation and new card issuance.
Contact, follow up and escalate issues with affected agencies, creditors, financial institutions, to reinforce member’s rights.
Assist the member in notifying local law enforcement authorities to file the appropriate official reports.
Provide peace of mind and resolution of key issues from start to finish as swiftly as possible.
Provide members with a “Case Completion Kit“ including copies of documentation, correspondence, forms and letters for their personal records.
Provide daily identity monitoring with all three credit bureaus for six months.

* Requires Taxpayer to sign a Special Limited Power of Attorney

Unlimited Legal Care at Discounted Rates: As an Identity theft victim, Member is also provided access to a proprietary attorney network that will represent Member at the low hourly rate of $125.00, or when appropriate, 40% off their usual and customary hourly rate, for all extended legal care. Member may use Program to prosecute identity theft thieves. This Program provides unlimited discounted legal care, at capped hourly rates, enabling Member to both defend yourself and prosecute thieves.

The Services are subject to change, modification, or substitution at any time without notice to the Member. In order to receive Services, a Member must access the services as instructed within the Membership materials provided.

If you have questions you can contact us at 866-942-8348.