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 to ApparelMagic the name and details of the business opportunity that you wish to refer to ApparelMagic (“Referral”) via our website Referral form.
- Acceptance of Referrals. We will provide written approval (via email) of any other Referral within five (5) business days, and assign an Approval Number for approved Referrals. It is a condition precedent to us allowing you to present a Referral that we are able to approve the referral and have not already expressed an interest in or entered into discussions with the company or its affiliates.
- Approved Sales. Commissions are payable after client has paid for three subscription months (90 days) (“Subscription Term”) or immediately if they pay on an annual basis.
- Commission. For all Referral payments, ApparelMagic will pay upon completion of the Subscription Term payment, $50 for each referral, within fifteen (15) days following receipt of its payment provided that such sales are completed within the Referral Period, as defined below. 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. Eligibility for commissions due for a Referral will expire ninety (90) days from the issuance of an Approval Number (“Referral Period”). At the end of the Referral Period, the commissionable representation will terminate, and we are free to makes sales to the candidate at another time with no commissions due, unless the Referral Period is extended or renewed pursuant to mutual agreement.
- 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 partner, 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. This agreement will expire one (1) year from the date hereof, except that with respect to any unexpired Referral, it shall be extended the length of the unexpired term of such Referral, and terminate upon such Referral’s expiration.