Referral Program Terms & Conditions
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Marquis Media Referral Scheme Program (the “Program”). As used in this Agreement, “we” means Marquis Performance Group trading as Marquis Media, and “you” means the applicant.
This Agreement is in effect as of August 15, 2018.
1. Referral Fee
We will pay you (in accordance with Sections 1-9), upon application, referral fees amounting to 10% of the fees paid to us for certain Services performed for, or certain Product sales to, certain third parties. For a Service or Product sale to be eligible to earn a referral fee as a Qualifying Product:
- The third party must be new to us as a customer, and
- The third party must have been introduced or referred to us by you, and
- The third party must engage us by written agreement before 23:59 ET on 30 September 2018 for the purposes of our chargeable work in web or app design, website or app development, website or app marketing, website hosting, online marketing, Search Engine Optimization, email marketing, logo design, branding, print design, print marketing, graphic design, copy writing, consultancy, or any other activity we deem applicable.
2. Referral Fee Payment
We will pay the referral fee to you not more than 90 days after receipt of full compensation for the invoiced amount accrued from the completion and provision of the qualifying product and performance of our services to the third party referred customer, unless the fee, compensation, invoice or invoices are disputed by any of the parties.
3.Term of the Agreement
The term of this Agreement will begin upon our acceptance of your referral fee application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are eligible to earn referral fees only on our sales of qualifying products that occur during the stated term.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and referral fee program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
5. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether in written correspondence or otherwise, that reasonably would contradict anything in this Section.
6. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the referral program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
8. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE PROMOTION THAT IS SIMILAR TO OR COMPETES WITH YOUR PROMOTION OF THIS REFERRAL PROGRAM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
View our website general Terms of Service