“This Referral Fee Agreement (“Agreement”) is made on 2021 (“Effective Date), by and between Cynthia Videau, C.Beyond Marketing Resource Center, LLC, 103 Spenryn Drive Madison, Alabama (“Seller), and PERSON, COMPANY of CITY, ADDRESS St, CITY, STATE ZIP CODE (“Referrer”).
WHEREAS, Seller desires to sell certain services requiring Referrer’s assistance; and
WHEREAS, Referrer has contacts within the Business Community and desires to act as an intermediary finder of buyers for Seller’s services;
NOW, THEREFORE, in consideration of the premise and mutual promises and covenants contained herein, the receipt and sufficiency of which consideration is hereby acknowledged, Referrer and Seller agree as follows:
Referrer certifies that no certification or licensure is required by the Marketing and Advertising industry.
TERM AND TERMINATION.
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until terminated by either party upon at least 30 days’ prior written notice or such other notice as set forth in XI. NOTICE herein below.
For the term of this Agreement, Referrer shall have the non-exclusive right to introduce prospective buyers to the Seller who are not already known to the Seller.
FEES AND PAYMENT.
This Agreement contemplates an introduction only.
Referrer and Seller agree that Referrer’s commission as defined herein above shall be five percent (5%) for package 1, eight percent (8%) for package 2, and ten percent (10%) for package 3 is defined as when Seller receives the first payment for services rendered, of this Agreement. The referee must sign a contract with CBMRSC and a deposit paid for a valid payment to be issued to the referrer. Net value shall exclude value added tax, postage and packaging, insurance, refunds and payments not honored by a financial institution.
Additionally, the Parties agree that Referrer’s commission shall be calculated upon the amount collected by Seller’s direct services, including Seller’s arranging for advertising space but not on Seller’s advertising expenditure itself. Both Parties agree that Referrer shall be paid on Seller’s coordination of the web design or advertising package selected. Recurring fees with these services do not count as continuous referral fees for the referrer.
Upon determination of referrer fees due, the Referrer shall receive payment from C.Beyond Marketing Resource Center, LLC (CBMRSC) within (30) days from the date the referred clients signs an agreement with CBMRSC.
Acceptable forms of payment include the following:
PayPal payment information to be provided upon request.
During the term of this Agreement and until terminated by either party as set forth herein above, Seller will not attempt to do business with or otherwise solicit any buyers found or otherwise referred by Referrer to Seller for the purpose of circumventing this Agreement, the result of which shall be to prevent Referrer from realizing or recognizing a commission due Referrer or a fee to which Referrer is otherwise entitled thereto. If such circumvention shall occur Referrer shall be entitled to any commission due pursuant to this Agreement or Referrer’s fee relating to such transaction.
The Parties acknowledge and agree that they will first attempt to resolve any dispute resulting from or arising out of this Agreement through friendly consultation between one another. If friendly consultation fails to resolve the dispute, the Parties agree to submit the dispute to non-binding arbitration conducted in accordance with the arbitration procedures of the American Arbitration Association (AAA). In that event, Referrer shall have the sole and exclusive power of appointing such arbitrator. The Parties further agree to share equally the costs of such non-binding arbitration.
MODIFICATION OF AGREEMENT.
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement shall be binding only if evidenced in writing signed by each Party hereto or an authorized representative so designated by that Party.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The Parties further agree that in the event of commencement of civil proceedings for material breach of this Agreement or any other cause(s) of action otherwise arising therefrom, the venue for such civil proceedings shall be the Court of Alabama.
All notices, request, demands or other communications required or permitted by the terms of this Agreement shall be given in writing and delivered to the Parties of this Agreement as follows:
As to Referrer: C.Beyond Marketing Resource Center, LLC c/o Cynthia Videau.
As to Seller:
or to such other address, including electronic address, as any Party may from time to time notify the other. Such notice, if delivered by electronic mail, will be delivered to Referrer at firstname.lastname@example.org or to Seller at _________________.
This Agreement may be executed in counterparts, including by printing, signing, and returning via scan, each an original but all considered part of one Agreement. Electronic signatures placed upon such counterparts of this Agreement by a Party or their approved agent shall be considered valid representations of that Party’s signature.
This Agreement represents the entire agreement with respect to the subject matter hereof and terminates and supersedes all prior understandings or agreements with respect to such matters.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
C.Beyond Marketing Resource Center, LLC
By: Cynthia Videau Cynthia Videau