Referral Agreement
Whereas the Agent (You) may from time to time
refer potential customers to the Company
(Orlando Web Services) for a referral fee.
The Parties agree to the following:
1. The referral fee shall be calculated as a percentage of the net value of
goods or services sold by the Company as a direct result of a referral. Net
value shall exclude value added tax, postage and packaging, insurance, refunds,
non-margined goods or services
and payments not honored by a financial institution. Subsequent sales of goods
or services to the referred customer shall not be subject to a referral fee
except where such subsequent purchase is the direct result of a repeat referral.
The one-time Referral Fee rates are as follows:
10% - Based on (1) completed sale by the referred prospect.
2. Upon reconciliation of referral fees due, Orlando Web Services will issue an
Amazon.com Gift Certificate to you within thirty (45) days of the completed
sale. All Amazon.com Gift Certificates are subject to the Terms and Conditions
set forth by Amazon.com (see below).
3. Placement of advertisements and referral methods for the Company are at
the sole discretion of the Agent. However, in order to solicit sales, the Agents
shall not make promises or issue any warranty either expressed or implied
pertaining to the goods or services offered by the Company unless authorized in
writing by the Company to do so.
4. The Agent may make use of the Company's trademarks for the sole purpose of
promoting the Company's goods or services. Any such use shall be in accordance
with the Company's trademark policies. It is expressly understood that this
referral agreement does not grant the Agent any interest in the Company'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 Agent
position itself as affiliated to the Company, except as an independent referrer.
In view of this independent relationship the Agent shall not enter into any
agreements on behalf of the Company, shall make no warranty either expressed or
implied on behalf of the Company and shall not incur any expenses on behalf of
the Company.
6. This referral agreement does not grant exclusive rights to the Agent to
act as referrer on behalf of the Company and the Agent shall have no rights
under any other agreements entered into by the Company with other Agents.
7. The Agent agrees not to disclose any confidential information pertaining
to the Company's goods or services nor that of prospective or existing customers
to any third party. The Agent may do follow-up enquiries with its referred
customers to confirm their purchase and to gather feedback about their
experience with the Company's goods or services as supplied.
8. Either party may terminate this referral agreement at any time by giving
the other party ten (10) days prior written notice. Upon termination by either
party all outstanding referral fees due to the Agent at that time shall be
settled in full within thirty (45) days.
9. 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.
10. This agreement constitutes the whole agreement between the parties and
any alteration must be in writing and signed by both parties.
Information on this page is valid and in effect as of
12/7/2009.
Amazon.com Terms and Conditions 1.
Redemption.
Gift Cards must be redeemed through the Amazon.com’s retail Web site,
www.amazon.com, and its affiliated
website www.endless.com, toward the
purchase of eligible products. Purchases are deducted from the Gift Card
balance. Any unused balance will be placed in the recipient's Gift Card account
when redeemed. If an order exceeds the amount of the Gift Card, the balance must
be paid with a credit card or other available payment method. To view Gift Card
balances, visit "Your Account" on Amazon.com.
2. Limitations.
Gift Cards cannot be redeemed for purchases from some third party sellers
including Eddie Bauer. Additional ineligible sellers may be added. Please check
the Amazon.com Web site at www.amazon.com/gc-legal for the most current list.
Gift Cards may not be redeemed for the purchase of products through in-store
pickup, or at Amazon.co.uk, Amazon.de, Amazon.fr, Amazon.co.jp, Amazon.ca, or
any other Web site operated by Amazon.com, its affiliates, or any other person
or entity, except as indicated by these terms and conditions. Gift Cards cannot
be used to purchase other Gift Cards, such as Amazon.com Gift Cards, Target Gift
Cards, or Borders Gift Cards. Gift Cards cannot be reloaded, resold, transferred
for value, redeemed for cash or applied to any other account, except to the
extent required by law. Unused Gift Card balances in an Amazon account may not
be transferred.
3. Our Policies.
Gift Cards and their use on the Amazon.com Web site are subject to
Amazon.com's general Conditions of Use and Privacy Notice. Amazon.com may
provide Gift Card purchasers with information about the redemption status of
Gift Cards.
4. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our
electronic transmission to the purchaser, recipient or delivery to the carrier,
whichever is applicable. We are not responsible if a Gift Card is lost, stolen,
destroyed or used without your permission. If you have any questions, please see
www.amazon.com/gc.
5. Fraud.
Amazon.com will have the right to close customer accounts and request
alternative forms of payment if a fraudulently obtained Gift Card is redeemed
and/or used to make purchases on the Amazon.com Web site or
www.endless.com.
6. Limitation of Liability.
ACI GIFT CARDS, INC. (“ACI”) AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND
OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
7. Disputes.
Any dispute relating in any way to Amazon.com Gift Cards in which the
aggregate total claim for relief sought on behalf of one or more parties exceeds
$7,500 shall be adjudicated in any state or federal court in King County,
Washington, and you consent to exclusive jurisdiction and venue in such courts.
8. General Terms.
Amazon.com Gift Cards are issued by ACI, a Washington corporation. When you
purchase, receive or redeem an Amazon.com Gift Card, you agree that the laws of
the State of Washington, without regard to principles of conflict of laws, will
govern these Gift Card terms and conditions. ACI reserves the right to change
these terms and conditions from time to time in its discretion. All terms and
conditions are applicable to the extent permitted by law.
Information on this page is valid and in effect as of
12/7/2009..
|
