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1.1 In these Terms & Conditions the following terms shall have the following meanings:
- "Business Day"
means any day other than Saturday or Sunday that is not a bank or public holiday;
- "Cancellations Policy"
means our cancellations policy which can be found at myfedtrainer.com/terms;
- "Commencement Date"
means the date of your acceptance;
- "Commission Rate"
means the percentage of commission paid on net sales revenue set out in Sub-clause 11.2;
- "Confidential Information"
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- "Current Term"
means the Term that the Parties may be in at any given time;
- "Direct Referral"
means a sale of a Service Package to a customer who has been led to our website through your website where that customer can be tracked directly from your site to ours without any further intermediaries;
- "Intellectual Property Rights"
means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in accordance with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;
- "Registered Email Address"
means the email address of the Affiliate as provided in your Registration Data;
- "Registration Data" means the information provided by the Affiliate when registering for enrolment in the Program;
- "Service Package" means a particular set of services available from us through our website as defined in Clause 7; and
- "Term" means the term of the Agreement, as defined in Clause 17 of these Terms & Conditions, during which you shall participate in the Program under the terms and conditions set out in the Agreement.
Affiliate agrees to:
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Identify and refer potential clients, customers,
or business opportunities (the "Referral or Referral") to Recipient
Partner.
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Provide all relevant details about the Referral
to Recipient Partner, including contact information and a brief description of
the potential opportunity, in a timely manner.
●
Comply with applicable laws and regulations,
including but not limited to copyright laws, intellectual property rights,
record retention, and data privacy laws.
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Adhere to the Recipient Partner’s Brand
Guidelines attached hereto as Exhibit B (“Exhibit B”).
As compensation for the Referrals made, Recipient Partner
agrees to pay Affiliate the following:
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Referral
Fee: A [10%] percentage of each Referral that results in a purchased
course(the “Referral Fee”).
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The Referral Fee shall be paid within [30] days
of the Recipient Partner receiving payment from the Referral.
The Parties agree to follow the following process for
Referrals:
●
Affiliate will submit a Referral through
[method of submission, e.g., email, online form, etc.].
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Recipient Partner will acknowledge receipt of
the Referral within [30] business days.
●
The Referral will be tracked by [system or
process] and updated regularly by the Parties.
This Agreement does not obligate Recipient Partner to engage
with any Referral or to enter into any agreements with the Referral. Recipient
Partner retains the sole discretion to determine whether to pursue any business
opportunities referred under this Agreement.
This Agreement is non-exclusive. Both Parties are free to
engage in referral arrangements with other entities, individuals, or businesses
during the term of this Agreement.
Both Parties agree to maintain the confidentiality of any
confidential or proprietary information received from the other Party during
the course of this Agreement. This obligation shall survive the termination of
the Agreement. The Parties agree to review and sign the Service Provider’s
Confidentiality Agreement attached hereto as Exhibit A (“Exhibit A”)
●
Term:
This Agreement shall commence on the Effective Date and continue until
terminated by either Party.
●
Termination
for Convenience: Either Party may terminated this Agreement at their
convenience by providing the other Party with [10] days' written notice.
●
Termination
for Cause: Either Party may terminate this Agreement immediately upon a
material breach by the other Party, provided that the breaching Party fails to
cure the breach within 30 days of receiving written notice of the breach.
●
Upon termination, any outstanding payments for
Referrals made prior to termination shall still be owed.
The Parties agree that they are independent contractors and
that nothing in this Agreement shall be construed as creating an
employer-employee relationship, a partnership, or a joint venture between the
Parties.
Each Party agrees to indemnify and hold harmless the other
Party from any and all claims, damages, liabilities, or expenses arising from
the breach of this Agreement or the actions of the indemnifying Party.
This Agreement may be amended or modified only in writing
and executed by both Parties.
● Dispute Resolution: Any
disputes arising out of or in connection with this Agreement shall be resolved
through information mediation. The Parties agree to make all reasonable efforts
to settle disputes through information mediation, including hiring a neutral
third-part mediator (if needed). In the event informal mediation is not
successful after (60) days, either Party may file suit in the courts of
[County], Maryland.
● Governing Law: This Agreement shall be
governed by and construed in accordance with the laws of the State of [State].
● Attorneys’ Fees: In the
event that either party is required to engage the services of legal counsel to
enforce the terms and conditions of this Agreement against the other party,
regardless of whether such action results in litigation, the prevailing party
shall be entitled to reasonable attorneys' fees, costs of legal assistants, and
other costs from the other party, which shall include any fees or costs
incurred at trial or in any appellate proceeding, and expenses and other costs,
including any accounting expenses incurred.
●
Modification:
No change or modification of this Agreement shall be valid unless the
same be in writing and signed by both Parties.
● Force Majeure: Neither Party shall be
liable for any failure or delay in performance under this Agreement due to
causes beyond its reasonable control, including but not limited to acts of God,
natural disasters, or government restrictions.
●
Survival
of Covenants: All restrictive covenants contained in this
Agreement shall survive the termination of this Agreement.
●
Severability:
If a court of competent jurisdiction makes a final determination that
any provision of this Agreement (or any portion thereof) is invalid, illegal or
unenforceable for any reason whatsoever, and all rights to appeal the
determination have been exhausted or the period of time during which any appeal
of the determination may be perfected has expired: (1) The validity, legality,
and unenforceability of the remaining provisions of this Agreement shall not in
any way be affected or impaired thereby; and (2) to the fullest extent
possible, the provisions of this Agreement shall be construed so as to give
effect to the intent manifested by the provision held invalid, illegal, or
unenforceable.
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Assignment:
This Agreement shall not be assigned without the explicit and written
permission of the other party.
●
Notices: Any and
all notices or other communication provided for herein, shall be given by
registered or certified mail, return receipt requested, at the addresses set
forth on the first page of this Agreement or to such other address as may be
designated by the Parties.
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Waiver: Neither
Party shall be deemed to have waived any provision of this Agreement or the
exercise of any rights held under this Agreement unless such waiver is made
expressly and in writing. Waiver by either Party of a breach or violation of
any provision of this Agreement shall not constitute a waiver of any subsequent
or other breach or violation.
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Headings: The
section headings herein are for reference purposes only and shall not otherwise
affect the meaning, construction or interpretation of any provision in this
Agreement.
Entire
Agreement: This Agreement constitutes the entire understanding between the
Parties with respect to its subject matter and supersedes all prior or
contemporaneous agreements, representations, and understandings, whether
written or oral.
In a following email you will be prompted to sign the REFERRAL AGREEMENT and a Confidentiality Agreement