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Affiliate Terms and Conditions


This AGENT AGREEMENT (the “Agreement”) is made and entered into as of _________________ 2010, (the “Effective Date”), by and between IAUA Build Big, with offices at 2300 M. St., Washington, DC 20037, (the “COMPANY”), and __________________________________, an individual, with offices at _____________________________________________________ (the “Agent”). The Agent and the COMPANY may sometimes hereinafter be referred to individually as a “party” or jointly as the “parties”.

WHEREAS, the COMPANY markets, offers and sells certain Insurance, Cost Segragation, living trust concepts and other related goods and services (collectively the “Plans”);
WHEREAS, the Agent desires to market, offer and sell some of the COMPANY’s Plans and COMPANY’s other goods and services (the “Services”); and
WHEREAS, COMPANY and Agent believe it would be advantageous to enter into an Agreement whereby COMPANY will compensate Agent for all new Plans Agent sells to potential clients (the “Agent Sold Plans”) on behalf of COMPANY.

NOW,THEREFORE, in consideration of the covenants, promises, representations and warranties set forth herein, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by the parties), COMPANY and Agent hereby agree as follows:

a) Term. Subject to earlier termination, as provided herein, the term of this Agreement shall be for a one (1) month period, from the above noted Effective Date, and shall automatically extend thereafter for successive monthly terms.

b) Termination. Regardless of anything contained herein to the contrary: (a) the COMPANY may terminate this Agreement immediately for any reason or for no reason and, in such event, the Agent shall immediately stop performing all Services (unless otherwise directed by the COMPANY in writing); and (b) the Agent may terminate this Agreement at any time upon not less than thirty (30) business days prior written notice to the COMPANY. Upon the effective date of the termination of this Agreement, the COMPANY shall have no further obligation or liability to the Agent other than to make any payments of commissions due Agent for Agent Sold Plans written and submitted while this Agreement was in force, less any applicable chargebacks. Any commissions due and payable, following termination without breach or cause, shall be paid at the rate specified on the hereto attached Addendum # 1, less any applicable chargebacks, on the first pay period following the third full month of membership for each respective Agent Sold Plans, provided however, that in the event that the COMPANY terminates this Agreement for cause, as a result of Agent’s breach of this Agreement, or due to violation of Sections IV, X, or of this Agreement or unpaid indebtedness, by the Agent, such as chargebacks, then the COMPANY shall not be obligated to pay any further commissions hereunder and Agent hereby agrees to forfeit same. Any action or claim arising out of or related to this Agreement must be brought within one (1) year from the first date such action could have been brought. If a longer period is prescribed by statute, the parties hereby expressly waive it.

c) Remedies in the Event of Breach.
In the event of a breach by the Agent of any of the covenants of this Agreement, the COMPANY shall be entitled to:
1) Obtain an injunction enjoining any violation or threatened violation of the covenants herein for the benefit and protection of the COMPANY;
2) Obtain an injunction compelling the performance by Agent of all obligations and covenants owed to the COMPANY under this Agreement;
3) Obtain a judgment for all losses, damages, profits or expenses which are incurred, lost or suffered by the COMPANY, including all reasonable attorneys’ fees and court costs incurred by the COMPANY, in enforcing any of its right under this Agreement; and
4) Withhold from Agent and not pay to Agent any sum otherwise payable by COMPANY to Agent hereunder, including without limitation, any such sum attributable to Agent Sold Plans and commissions.

The Agent is hereby authorized on behalf of the COMPANY, provided that the Agent is in compliance with all applicable regulatory licensing requirements at the time of solicitation, to market, offer, solicit agreements and obtain Agent Sold Plans for the approved products offered by COMPANY authorized for marketing by the COMPANY and which are listed in written documents provided to the Agent by the COMPANY (the “Services”), which are hereby made a part of this Agreement by this reference. The Agent shall pay all expenses incurred by him/her in the performance of the Services and/or any other obligations under this Agreement, and when requested by the COMPANY, shall furnish a bond of indemnity in such form and amount as may be approved by the COMPANY. Any such expenses not paid by the Agent, which are paid by COMPANY, may be offset by the COMPANY against any commissions and/or service fees payable to Agent hereunder. The Agent shall be available, during the term of this Agreement, to attend and participate in all required training, monitoring and supervision activities and/or seminars as required and or requested by the COMPANY.

A. In consideration for the provision of the Services by the Agent, the Agent shall be compensated by commission, as follows: The COMPANY shall pay a Commission on approved and accepted new Agent Sold Plans, based upon the current Agent Schedule of Commission then in effect (see Addendum #1; Agents Schedule of Commission). No additional compensation, bonuses, remuneration or reimbursement will be due and payable to the Agent for the Services. Any officer of the COMPANY may, at its sole discretion, amend the Agent’s Schedule of Commission at any time. All expenses incurred in the marketing of Agent Sold Plans offered by COMPANY and/or for provisioning the Services are the sole responsibility of Agent. The COMPANY’s liability is limited to the payment of commissions as delineated in the herein referenced Agent’s Schedule of Commission, as amended from time to time.
B. Notwithstanding anything contained in this Agreement and/or any addendum referenced herein to the contrary, no commissions shall be due and/or payable on any agreements and/or Agent Sold Plans not accepted by COMPANY. In the event that the Agent incurs an indebtedness to the COMPANY or any assignee of COMPANY, COMPANY may offset against and deduct from any compensation and/or commission due the Agent said indebtedness. Agent agrees such indebtedness shall be a first lien against all such compensation and/or commissions. The COMPANY or any assignee may offset any indebtedness created by Agent, including the reimbursement of any commissions paid in advance to the Agent by the COMPANY and any and all costs incurred by COMPANY, against any commission and/or overrides due Agent. Agent shall be responsible for and shall reimburse COMPANY for any and all collection fees incurred by COMPANY in order to collect any amounts owed by Agent to COMPANY hereunder. Agent hereby acknowledges and agrees that all payments to Agent for any Agent Sold Plans of members in the Plans shall be deemed an advance of compensation to Agent.
C. The COMPANY will furnish the Agent with a periodic statement of the Agent’s account and will pay any amount due Agent hereunder. Upon receipt of such statement the Agent shall immediately examine it, and if not satisfied as to its accuracy, Agent shall return such statement and the payment to COMPANY with full particulars of any discrepancy therein within thirty (30) days of the date of the statement; otherwise the statement shall be deemed accepted by Agent as true and correct, and therefore thereafter waives any and all rights to any claims regarding same. The account on the books of COMPANY shall be competent evidence of such account for all purposes.
D. If this Agreement is terminated by the Company or the Agent or should the Agent die or become totally disabled while this Agreement is in force, he/she , or in the case of his/her death, his/her heirs or legal representatives shall, except as hereinafter provided in this Agreement, receive any commissions that are due and owing under the provisions of this Agreement as of the termination date, if any.

E. The COMPANY may at any time offset any debt or debts due from the Agent to the COMPANY, including but not limited to funds expended by COMPANY so that the Agent can generate Agent Sold Plans, arising from his transactions under this or any previous or subsequent contract against any commission, service fees, or other compensation due or to become due him from the COMPANY and any and all affiliates of the COMPANY. Unless otherwise specifically provided, all debts due the COMPANY, including advances to the Agent against commissions or other compensation, such as funds expended by COMPANY so that the Agent can generate Agent Sold Plans, are payable upon demand and are not recoverable solely from commissions or other compensation.
F. The Agent shall be jointly and severally liable, to the COMPANY for the payment of all monies due from the Agent or debit balances on the account of the Agent resulting from advanced payments to the Agent from the COMPANY. The COMPANY’S books and records shall be prima facie evidence of such debit balances or loans due. Nothing herein shall require COMPANY to make any loans to Agent hereunder. The Agent hereby assigns to the COMPANY, with recourse, as collateral for all such monies due, debit balance or loans, all amounts due and to become due to the Agent from the COMPANY and all notes in favor of the Agent. The Agent agrees to execute all other documents required of him by the COMPANY in order to properly evidence and effectuate such assignments, and to guarantee the legal enforceability thereof.

G. Agent hereby acknowledges and agree that it is responsible for the payment of any chargeback amounts and that the following chargeback/nonpayment policy shall apply to the commissions paid to Agent hereunder:
1) Agent shall be charged back 100% of any Commissions it received, if any, if it’s Agent Sold Plans terminates their application and/or agreement for the Plans they subscribed too;
2) Agent shall be charged back 100% of any paid commissions, if any, if its Agent Sold Plans terminates service with COMPANY or has its service terminated by the Plans party during the term of the Agent Sold Plan’s service agreement; and
3) In the event a Agent Sold Plans fails to pay COMPANY for services rendered, Agent agrees that the COMPANY may suspend, discontinue, terminate and/or chargeback, as applicable, a prorated portion of the commissions related to such Agent Sold Plans due to such nonpayment.

By executing this Agreement, Agent specifically agrees to pay any and all chargeback amounts calculated hereunder. Agent hereby acknowledges and agrees that its payment of the chargeback amount is a material term of this Agreement and failure to make such payment shall result in the immediately termination for cause of this Agreement by COMPANY. In addition to invoicing Agent for chargebacks, Agent hereby agrees that COMPANY may recover chargebacks by withholding from or offsetting against future commissions or other compensation otherwise due or payable to Agent. If the Agent thereafter becomes current, Agent shall be paid residuals in full on such accounts. In the event that any of Agent’s Agent Sold Plans cancel or discontinue their Agent Sold Plan and/or application during the term of any contract, Agent hereby agrees that COMPANY may recover from Agent a pro-rata share of commissions paid to Agent on such account. Further, Agent agrees that if one of its affiliates (an entity under common control) is subject to chargebacks by COMPANY, based on cancellation or discontinuance of agreements and/or Agent Sold Plans sold by such affiliate, COMPANY shall be entitled to offset Agent’s affiliate’s chargebacks against Agent’s commissions.


A. The Agent shall have no authority to make, alter, modify or discharge any evidence of coverage, policy, rider, or contract and/or extend any provision thereof, waive any forfeiture, incur any debts or expenses for which COMPANY may be liable, receive any money for COMPANY, except as may herein or elsewhere specifically in writing be authorized by the COMPANY, withhold or convert to Agent’s own use or for the benefit of others any monies, securities, policies or receipts belonging to COMPANY or fail to submit promptly to the COMPANY any applications for coverage or accept payments of any kind for COMPANY’s Plan; and

B. The Agent shall have no authority to endorse or present for collection any check, draft or other instrument made payable to COMPANY.
A. The COMPANY hereby appoints the Agent to act on its behalf and represent it only to the extent authorized herein;
B. The Agent is an independent contractor with respect to the COMPANY, and nothing contained herein shall create or be construed to create the relationship of Employer/ Employee between the COMPANY and the Agent or between the COMPANY and any employee of the Agent; and
C. Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between the parties hereto. The Agent acknowledges that the Agent is NOT an employee of the COMPANY and as such is NOT entitled to any COMPANY employee rights and/or benefits.
Agent hereby represents, warrants and agrees that it is authorized by this Agreement to act on behalf of the COMPANY solely for purposes of the Services and to conduct approved and regulatory compliant marketing and sales activities in order to obtain Agent Sold Plans for COMPANY’s Plans.
The Agent is required to protect the privacy and confidentiality of personal and financial information regarding COMPANY’s Agent Sold Plans, applicants, current and former members, employer groups, and providers. The Agent will not disclose personal or financial information to anyone other than COMPANY, as is applicable for the purpose stated herein. The Agent agrees to comply with all Federal, State,and Local laws regarding the privacy and confidentiality of information regarding Agent Sold Plans, applicants, current and former members, employer groups and providers. The Agent agrees to comply with all COMPANY privacy and confidentiality requirements and the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (1999) including any regulations or amendments thereto. The COMPANY, and the Agent all agree they will not disclose or use the non-public personal information provided to them under this agreement to any person or entity except as necessary to carry out the marketing of any of the products offered by COMPANY, under this Agreement, or under another expressly recognized exception to the Gramm-Leach-Bliley Act’s opt-out requirement, in the ordinary course of business to carry out such marketing.

The Violent Crime Control and Law Enforcement Act (18 U.S.C. 1033 et seq.) makes it a crime for individuals convicted of certain felonies to willfully engage in the business of insurance. By entering into this contract the Agent represents that he/she is not prevented from engaging in insurance business under said act or any other applicable law. The Agent agrees to accurately and fully complete any background information forms provided and required by the COMPANY, and to advise COMPANY in writing within thirty (30) days if they have been convicted of a felony while this Agreement is in effect. The COMPANY recommends that any Agent who has concerns about their ability to act as a Agent to contact the appropriate regulatory agency.


The Agent understands and agrees that the COMPANYand the Agent through the established business relationship by this Agreement , may choose to communicate with each other through the use of telephone, mail, email or facsimile to the mailing address(es), phone numbers, or email address(es) provided herein. The Agent agrees to notify the COMPANY immediately of any change of any of the Agent’s contact information.

The Agent agrees that while this agreement is in force, and for a period of five (5) years following its termination for any reason, the Agent shall not directly or indirectly contact, solicit, communicate or meet with any of the COMPANY’S client, customers and/or Agent Sold Plans for the purpose of modifying, rewriting, canceling, lapsing or replacing any of COMPANY’S Plans. Failure to comply with the provisions of this Section will result in termination of this Agreement for cause and termination and forfeiture of any and all commissions or vested Commissions (if any).


Upon the termination of this Agreement for any reason whatsoever, the Agent agrees to end all further use and
utilization of, and to immediately return to the COMPANY, in good condition, all property of COMPANY including,
without limitation, any property or equipment furnished by the COMPANY or created or prepared by the Agent,
either alone or jointly with others, pursuant to the provisions or requirements of this Agreement. Without limiting the
generality of the foregoing, all correspondence, reports, records, charts, advertising materials and other similar data
pertaining to the business, activities, research and development, Intellectual Property or future plans of
COMPANY that are collected by the Agent, including any and all copies or reproductions thereof, as well as any computer equipment, passwords and access cards provided to the Agent by COMPANY, shall be delivered promptly to the COMPANY without request by it upon termination of this Agreement. In the event that any such items are not so returned, the COMPANY will have the right to enjoin the retention and/or use of said material by Agent, as it is agreed that the continued retention and use by the Agent will cause irreparable harm.

A. The Agent warrants that the Services performed under this Agreement shall comply with all applicable federal, state and local laws and regulations. Notwithstanding anything contained herein to the contrary, should Agent be found to be in breach of any applicable federal, state and/or local laws, then Agent hereby agrees to indemnify COMPANY as to any and all costs, losses, damages and/or claims, including but not limited to reasonable attorney’s fees, suffered by COMPANY because of Agent’s breach thereof.
B. The Agent’s performance under this Agreement shall be conducted with due diligence and in full compliance with the highest professional standards in the industry. The Agent shall comply with all COMPANY policies and procedures, applicable laws, rules and regulations in the course of performing the Services.



Notices. Any notices or other communications under this Agreement, with the exception of completed Referral Forms which may be given via facsimile, shall be sufficiently given if given in writing and delivered by U.S. Certified/Return Receipt Requested Mail or overnight courier to the address of such party set forth below. Either party may designate a different address by giving notice of change of address in the manner provided above.
If to the COMPANY to:
ACI Estate Inc (Name of Company)

If to the Agent:


All such notices, requests and other communications will (i) if delivered personally to the address as provided in this Section, be deemed given upon delivery, (ii) if delivered by facsimile transmission to the facsimile number as provided for in this Section, shall be deemed given upon facsimile confirmation, (iii) if delivered by email to the email address as provided for in this Section, shall be deemed given upon confirmation of receipt.

Entire Agreement Modification. This Agreement, any addendum and attachments, constitutes the entire agreement among the parties with respect to the Services. This Agreement supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof. This Agreement may be amended or modified only by an instrument in writing duly executed by the parties to this Agreement. Whenever possible, the COMPANY will provide written notification of amendments or modifications prior to the effective date of such amendments and/or modification; however, COMPANY reserves the right to amend or modify immediately as may be required or directed to maintain regulatory compliance. This Agreement cannot be changed by any oral promise or statement by whomsoever made, and no written modification or change will bind the COMPANY unless it is signed by the President, a Vice President, or the Secretary of the COMPANY, and same expresses the intention to modify or change this Agreement.
Waiver. Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the party waiving such term or condition. No waiver by any party of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by law or otherwise afforded, will be cumulative and not alternative.
No Assignment Binding Effect. Neither this Agreement nor any right, interest or obligation hereunder may be assigned (by operation of law or otherwise) by Agent without the prior written consent of the COMPANY and any attempt to do so will be void. Subject to the preceding sentence, this Agreement is binding upon, inures to the benefit of and is enforceable by the parties hereto and their respective successors and assigns.
Survival. Notwithstanding anything to the contrary contained in this Agreement, the provisions of an sections that by their nature should survice the termination and/or expiration of this Agreement, shall survive the termination or expiration, for any reason, of this Agreement.
Headings. The headings used in this Agreement have been inserted for convenience of reference only and do not define or limit the provisions hereof.
Severability. Any term or provision of this Agreement that is invalid, illegal or unenforceable in any situation in any jurisdiction shall not affect the validity, legality or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If such invalidity, illegality or unenforceability is caused by length of time or size of area, or both, the otherwise invalid provision shall be, without further action by the parties, automatically amended to such reduced period or area as would cure such invalidity, illegality or unenforceability provided, however, that such amendment shall apply only with respect to the operation of such provision in the particular jurisdiction in which such determinations are/is made.

Governing Law. This Agreement shall be governed by andconstrued in accordance with the domestic laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
Jurisdiction Venue & Arbitration. All disputes shall be submitted to binding arbitration by a single arbitrator at the office of the American Arbitration Association (“AAA”) located in Pennsylvania. The arbitration shall be held in accordance with the AAA’s Commercial Arbitration Rules, as may be applicable to the dispute. The cost of the arbitration, including the fees and expenses of the arbitrator(s), shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. The arbitrator(s) are not empowered to award damages in excess of compensatory damages and each Party irrevocably waives any damages in excess of compensatory damages. The Parties agree to undertake all reasonable steps to expedite the arbitration process. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. For purposes of this Agreement, the term “dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof; and Referral Party shall mean the party which shall have referred a potential User, its affiliates and agents, employees, directors, officers, beneficiaries, or heirs. This provision and all other provisions herein, which by their respective terms should survive, shall survive termination and/or expiration of this Agreement.
Exclusivity. The Agent hereby warrants that during the term of this Agreement it shall enroll all potential Agent Sold Plans exclusively via COMPANY.

Right to Reject Prospective Agent Sold Plans. Agent acknowledges that, at its sole and absolute discretion, COMPANY may reject any prospective Agent Sold Plans. Agent expressly waives any claims, rights, or actions against COMPANY, now or in the future, arising in any way from COMPANY’s rejection of any prospective Agent Sold Plans.

Indemnification. The Agent agrees to indemnify, defend, and hold the COMPANY harmless from and against any and all claims, damages, costs, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs of settlement or defenses, for all acts or for those arising out of or relating to the actual or alleged negligent or actual or alleged willful misconduct of the Agent and employees or agents of the Agent with respect to their obligations under this Agreement and/or the herein referenced Services.
Accounting. The COMPANY shall have the right to inspect and copy (at its own expense), and the Agent shall make available at its primary offices for such purposes, all records reflecting business placed with the COMPANY by the Agent, which arose, directly or indirectly, from the efforts of the Agent. Such inspection shall be granted within five (5) days of written request by the COMPANY for same and shall be conducted during normal business hours. The above shall not be requested for more frequently than once a year.
The Agent hereby acknowledges that it has read and understood all parts of this Agreement including all relevant addendum and/or attachments. The Agent also acknowledges and understands that the COMPANY may add to remove from or amend any section of this Agreement or attachment, subject to the terms of this Agreement.
I ______________________________________, have had the opportunity to thoroughly read and analyze this Agreement. I fully understand all the terms and conditions and agree to them without reservation. I have been afforded an opportunity to discuss this contract with my attorney and have declined to do so.
IN WITNESS WHEREOF, the COMPANY and the Agent have executed this Agreement as of the date first written above.


Agent IAUA Build Big
X _____________________________________________

Printed Name:____________________________________
Printed Name:______________________________




Addendum # 1
Agents Schedule of Commission
This Schedule of Commission is between ______________________________ herein called the “Agent” and ACI Estate Inc.
A. The below noted commissions are stated in whole dollars (not percentages).
B. Commissions are advanced on fully completed Agent Sold Plans, after the COMPANY receives notification from _____________________________________________ that the Agent Sold Plans is eligible for coverage.
C. There shall be a full charge back of all commissions paid by COMPANY to Agent, if ________________________ _________________________________________________________________________________________

___________________________________________________. All commission charge backs may be charged against the next commission advance, earned commission or otherwise offset by the COMPANY against any other compensation due or to become due to Agent.
D. “Agent Sold Plans” means each new _______________________________________________, that was COMPANY approved and accepted, __________________________________________________________________________.
E. You will not be eligible for commissions for enrolling a person, who was previously enrolled in an existing Agent Sold Plans.
F. The COMPANY has the right, at any time, to increase or decrease the commissions payable on any Plan to be issued by the COMPANY by delivering to you fifteen (15) days advanced written notice of the increase or decrease. Any such commission increase or decrease shall not be retroactive, but apply only to plans issued by the COMPANY on or after the effective date specified in the written notice.

G. Commissions shown are for each Agent Sold Plan _________________________________________________ ____________________________________________________________________. Agent will receive a commission advance equaling ____________________.

H. Should the Plan lapse, be cancelled, rescinded or otherwise terminated for any reason, the unearned commission advance shall be charged back to the agent, pursuant to the terms and conditions noted in the Agreement. Additionally, should any premium and similar payment refund be made for any reason, the commission previously paid on that premium and/or similar payment shall be immediately paid back to COMPANY by the Agent.

I. At any time, during the term of this Agreement, the COMPANY may increase or decrease the compensation payable on any Agent Sold Plans, and may from time to time change the compensation payable on any and/or all new Plans which are added to this Agreement by furnishing the agent either (i) written notice or (ii) a revised Agent’s Schedule of Commission. Any such change is the compensation payable shall not be retroactive, but apply only to policies on or after the effective date of specified in the written notice or revised Agent’s Schedule of Commission.

J. The Agent shall notify the company of all possible errors in the commission statement within thirty (30) days of the closing of the monthly accounting period. Failure to give such notification shall be considered a waiver of the right to object to such accounting.

K.Upon termination of this Agreement, no further payment of commissions or other compensation under this Agreement shall be made to Agent and no further payment of commissions or any other compensation shall be due.

COMMISSIONS for memberships

Level one 25% of membership dues on all direct refferd member affilates that join the IAUA.
Level two 10% of membership dues on all members in personal heirarcy on 2nd level
Level three 5% of membership dues on all members in personal heirarcy on 3rd level
Level four 5% of membership dues on all members in personal heirarcy on 4th Level
Level five 5% membership dues on all members in personal heirarcy on 5th Level

COMMISSIONS For Membership products both Insurance and non-insurance products. Proper licensing must be maintained in order to receive commison if Applicable.

Level one 50% Override compensation on all direct agents affilates that join the IAUA.
Level two 20% Override compensation on all agent on 2nd level
Level three 8% Override compensation on all agents on 3rd level
Level four 6% Override compensation on all agents on 4th Level
Level five 6% Override compensation on all agents on 5th Level
Signed and accepted this __________ day of __________________, 2009.

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