We thank you for referring
professionals to our organization! It is through our sponsors' and
clients' support and our members' participation and recommendations that we
continue a strong growth and presence in our Latin business community.
We would like to show our appreciation
for the clients that result from your introduction of them to our
organization; that is why we created the following Referral Program:
REFERRAL PARTNER
AGREEMENT
This Agreement
specifies the terms and conditions that apply to an individual or an entity
("Referral Partner") that is a participant of the Latin Business
Club of America (LBCA) Referral Partner Program (the "Program").
This program is designed for business partners who recommend LBCA to their
customers and colleagues. Partners in turn are rewarded with a commission for
business referrals that become LBCA clients.
1. Enrollment.
Enrollment in the Program by Referral Partner is voluntary. By referring an
individual or a company ("Referred Entity") to LBCA’s sales
department and by submitting a signed IRS W-9 form, Referral Partner is
enrolled in the Program upon acceptance by LBCA and agrees to comply with the
terms and conditions set forth herein and will receive referral fee
("Referral Compensation") as specified in the Program description
and/or this Agreement.
2. Qualified
Lead. To qualify for Referral Compensation, the Referred Entity must be an
entity that is not or has not been an LBCA customer or an LBCA prospect
customer that is already listed on the LBCA billing system or lead information
systems. Furthermore, the Referred Entity must sign up as an LBCA customer
directly as a result of Referral Partner’s referral within three months of
the referral date; it must be in compliance with the LBCA
promotional/advertising agreement and its associated terms and conditions,
including, but not limited to its payment obligation to LBCA.
3. Type of
Compensation. Referral Partner will receive the Referral Compensation
according to the scope and schedule set forth in Section 4 in the form of a
check payment from LBCA.
4.
Compensation Scope and Schedule. Referral Partners that refer qualified
prospects to LBCA will be eligible to receive 10% commission of the total
amount on Promotional Packages and 15% commission of the total amount of
Sponsorship Packages.
The Referral
Compensation will be paid out within thirty (30) days after LBCA receives the
full payment. In cases where
payments may be broken down, the percentage of Referral Compensation based on
the amount of each payment will be paid within thirty (30) days after LBCA
receives each payment.
5.
Eligibility. LBCA reseller partners, agent partners, channel partners, first time clients, and
staff of the LBCA sales department and their relatives are not eligible as a
Referral Partner.
6. Term. The
Term of this Agreement shall commence upon Referral Partner’s enrollment in
the program and continue until terminated by either party.
7. No
Publicity. Referral Partner may not issue any press release for the
participation in the Program without the express consent from LBCA.
8.
Modification. At its sole discretion, LBCA may modify the terms and conditions
specified in this Agreement at any time, by posting a new agreement on the
LBCA website. Modifications may include, but not limited to, changes of
Referral Compensation scope and payout schedules and Program rules and
description. REFERRAL PARTNER’S CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING LBCA’s POSTING OF THE NEW AGREEMENT ON ITS WEBSITE WILL CONSTITUTE
BINDING ACCEPTANCE OF CHANGES AND THE NEW AGREEMENT IN ITS ENTIRETY. IF
REFERRAL PARTNER DOES NOT AGREE WITH ANY MODIFICATION, THE ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT.
9.
Relationship of the Parties. This Agreement does not constitute either party
the agent of the other, or create a partnership, joint venture or similar
relationship between the parties, and neither party will have the power to
obligate the other in any manner whatsoever. Referral Partner acknowledges and
agrees that its relationship with LBCA is that of an independent contractor,
and Referral Partner will not act in a manner that expresses or implies a
relationship other than that of an independent contractor.
10.
Limitation of Liability. LBCA will not be liable for any direct, or indirect,
special, consequential damages, or any loss of revenue or profit, arising out
of or in connection with this Agreement or the Program. Referral Partner
waives any right to litigation or arbitration in connection with this
Agreement or the Program.
11.
Disclaimer of Warranties. LBCA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO LBCA SERVICES, LBCA PROMOTIONAL MATERIALS, THE
PROGRAM, OR WEBSITE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONFORMITY
TO ANY REPRESENTATION OR DESCRIPTION, OR NON-INFRINGEMENT. REFERRAL PARTNER
WILL MAKE NO WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF LBCA.
12.
Miscellaneous. This Agreement will be governed by the laws of Miami-Dade
county,
Florida
, without reference to rules governing choice of laws. LBCA’s failure to
enforce Referral Partner’s strict performance of any provision of this
Agreement will not constitute a waiver of LBCA’s right to subsequently
enforce such provision or any other provision of this Agreement.
Download
printable Referral Partner Agreement
