The Parties agree to the following:
1. The referral fee shall be a flat fee of one hundred dollars ($100.00) per lane referred, pending the customer’s first payment of the SaaS monthly lane subscription fee. Example for clarity; If a two-lane store is referred IT Retail will compensate the referrer $200.00.
2. Placement of advertisements and referral methods for the IT Retail Inc. are at the sole discretion of the IT Retail Inc. However, in order to solicit sales, the referral agent shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by the IT Retail Inc. unless authorized in writing by the IT Retail Inc. to do so.
3. Referrer shall comply with good business practices and all applicable laws and regulations. During the term hereof, Referrer shall not market, promote, sell, lease, solicit or procure orders for or otherwise represent any product or service in direct competition with any of the Products. Referrer shall conduct its business in a manner that favorably reflects upon the Products and IT Retail.
4. The referral agent may make use of IT Retail’s trademarks for the sole purpose of promoting IT Retail’s goods or services. Any such use shall be in accordance with IT Retail’s trademark policies. It is expressly understood that this referral agreement does not grant the referral agent any interest in the IT Retail Inc.’s trademarks or any other intellectual property rights.
5. The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the referral agent position itself as affiliated to the IT Retail Inc., except as an independent referrer. In view of this independent relationship, the referral agent shall not enter into any agreements on behalf of the IT Retail Inc., shall make no warranty either expressed or implied on behalf of the IT Retail Inc. and shall not incur any expenses on behalf of the IT Retail Inc.
6. This referral agreement does not grant exclusive rights to the referral agent to act as a referrer on behalf of the IT Retail Inc. and the referral agent shall have no rights under any other agreements entered into by the IT Retail Inc. with other referral agent s.
7. The referral agent agrees not to disclose any confidential information pertaining to the IT Retail Inc.’s goods or services nor that of prospective or existing customers to any third party. The referral agent may do follow-up inquiries with its referred customers to confirm their purchase and to gather feedback about their experience with the IT Retail Inc.’s goods or services as supplied.
8. Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this agreement.
b. Eligibility. To be eligible for Commission
(i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section,
9. Liability Limitation. NEITHER IT Retail NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE AMOUNT OF FEES PAID TO REFERRER BY IT Retail IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.
What makes a valid lead
- The store is in the United States of Ameria
- The store has 1-6 lanes
- The lead information provided is true and accurate
- IT Retail is able to schedule a meeting to demo the product with a decision maker of the store