Partner Referral Terms
Referral Commission Agreement
This agreement is made by and between ApparelMagic (“ApparelMagic”, “we” or “us”) and (“Referral Endorser”, “you” or “your”), with the terms set forth below.
- Referral. You will provide your customized signup link to the business opportunity that you wish to refer to ApparelMagic (“Referral”).
- Acceptance of Referrals. Referred clients must have had no prior contact with ApparelMagic or do not exist in ApparelMagic databases.
- Approved Sales. Commissions are payable after the client has been an active user for one subscription month (30 days).
- Commission. For all Referral payments, ApparelMagic will pay a 15% commission of current monthly recurring revenue, excluding applicable taxes and discounts (“MRR”). For subscribers who pay monthly, MRR is the price paid for each month for their subscription. For subscribers who pay annually, MRR is calculated as the amount paid divided by the number of months in the subscription period. Commission will be paid within thirty (30) days following the referred client’s first month of service, provided that such sales are completed within the Referral Period, as defined below. Payment will vary with the subscription term the referred client chooses. Referral Endorsers will receive a 15% commission for each of the first twelve months of service when the referral selects a monthly plan, paid out in monthly or quarterly installments. These will be stopped if referral terminates their ApparelMagic subscription. In the case of annual subscriptions, Referral Endorsers will receive one 15% commission based on the annual subscription price once the referral has been an active user for one subscription month.
- Discount. Referred clients will receive a 15% discount off of their first year of service.
- Nothing set forth in this agreement shall impose any obligation on ApparelMagic or you to enter into an agreement or bargain in any way other than at arms’ length. In no event will you be entitled to receive any portion of your payment unless and until ApparelMagic and the customer have accepted the terms and conditions of the subscription and ApparelMagic has received its payment in full. The parties do not intend to be bound by any agreement that is not formally entered into, and no party may reasonably rely on any promises inconsistent with this paragraph. You agree that you waive your right to dispute a commission payment unless you notify ApparelMagic in writing, certified first class mail, of any dispute within ninety (90) days from the date you received payment or should have received payment.
- Referral Period. Referral commissions and discounts apply only to referrals made on or after June 1, 2021. Commissions and discounts are not available for referrals made before this date. Eligibility for commissions due for a Referral will expire ninety (90) days from the time a Referral clicks the customized link. At the end of the Referral Period, the commissionable representation will terminate, and we are free to make sales to the candidate at another time with no commissions due, unless the Referral Period is extended or renewed because the Referral has clicked the customized link.
- Independent Contractor. You acknowledge and agree that your relationship with ApparelMagic is an independent contractor and nothing in this agreement or otherwise will signify you as a joint venturer, agent, distributor or employee of ApparelMagic, or authorize you to obligate ApparelMagic in any way. You will be responsible for all expenses arising out of your services hereunder and the reporting, withholdings and payment of all taxes due on your earnings. Either you or ApparelMagic may terminate this relationship at any time for any reason, with or without cause or notice to the other, except that we shall pay commissions earned by you for Referrals approved prior to termination.
- Confidential Information. You acknowledge that you may receive confidential information. During and after the term hereof, you will not use, publish, or disclose any confidential information of ApparelMagic, except to the extent necessary to comply with law. You will notify ApparelMagic of any intentions to disclose under law and seek confidential treatment of such information. You will take all diligent precautions to protect the integrity of ApparelMagic’s confidential information and will return all documents containing such information upon termination of this agreement.
- General Provisions. Should any clause of this agreement be found to be unenforceable, all other clauses shall remain in full force and effect, and no action found inconsistent with the terms hereunder shall be construed as a waiver or new agreement. This agreement will be governed by the laws of the State of Florida, without regard to principles of conflicts of laws. This agreement will be binding upon the parties hereto and their respective successors and assigns but none of your rights or obligations hereunder may be assigned to any other party without our prior written consent. In no event shall either party be liable for special, incidental or consequential damages or any damages claimed as a result of failure or delay in approving Referrals, or failure or delay of the Company to enter into an agreement. This agreement constitutes the entire agreement between you and ApparelMagic, and supersedes in all respects all prior discussions and agreements (written or oral) on the subject matter hereof. This agreement may not be changed except in writing signed by both parties.