Referral Partner Agreement
This agreement is between Core dna (“Company”) and the referral partner (“Affiliate”) and establishes the terms and conditions for participation in the Company Affiliate Program (the “Program”). By completing and submitting this partner application, Affiliate agrees to the following:
Relationships
Affiliate is an independent contractor who recommends Company products and services. Affiliate is not an agent or legal representative of Company for any purpose, and has no authority to act for, bind or commit Company.
Term, Limitations, Termination
The term of this Agreement is twelve (12) months from the date of application acceptance by Affiliate and Company. This Agreement shall automatically renew on each subsequent year for a one-year term, unless it is terminated earlier in accordance with this Agreement.
Company or Affiliate may terminate this Agreement without cause at any time upon thirty (30) days written notice, except that neither the expiration nor earlier termination of this Agreement shall release either party from any obligation which has accrued as of the date of termination.
Affiliate understands and agrees to the following causes for immediate termination:
- Affiliate cannot sell, advertise, or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright.
- No coupon sites allowed (either as an Affiliate, or posted on coupon sites), and no purchasing AdWords’, etc. that include the Affiliate link (only organic links from Affiliate’s own website, social media accounts, forums, or emails are acceptable).
- Affiliate will not promote with any type of mass email spam. Newsletters, social posts, etc., using your own registered users are not considered spam.
Company may, from time to time, give Affiliate written notice of amendments to this Agreement. Any such amendment will automatically become a part of this Agreement ten (10) days from the date of the notice unless otherwise specified in the notice.
Use of Company Trademarks
Affiliate acknowledges the following:
- Company owns all right, title and interest in the Company names and logotypes.
- Company is the owner of certain other trademarks and trade names used in connection with certain product lines and software.
- Affiliate will acquire no interest in any such trademarks or trade names by virtue of this Agreement, its activities under it, or any relationship with Company.
During the term of this Agreement, Affiliate may indicate to the trade and to the public that it is an authorized affiliate of Company. Affiliate may also use the Company trademarks and trade names to promote Company products if done so in strict accordance with Company guidelines. Affiliate will not adopt or use such trademarks or tradenames, or any confusingly similar word or symbol, as part of its company name or allow such marks or names to be used by others.
At the expiration or termination of this Agreement, Affiliate shall immediately discontinue any use of the Company and Company names or trademarks or any other combination of words, designs, trademarks or trade names that would indicate that it is or was an authorized affiliate of Company.
Proprietary Information
Company and Affiliate shall each exercise due diligence to maintain in confidence and not disclose to any third party any proprietary information furnished by the other to it on a confidential basis and identified as such when furnished. Except in accordance with this Agreement, neither party shall use such information without permission of the party that furnished it. As used in this paragraph, “due diligence” means the same precaution and standard of care which that party uses to safeguard its own proprietary data, but in no event less than reasonable care. The provisions of this Section shall survive for three (3) years beyond the expiration, non-renewal or termination of this Agreement.
This Agreement does not grant any license under any patents or other intellectual property rights owned or controlled by or licensed to Company. Affiliate shall not have any right to manufacture Company products.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING ANY INFRINGEMENT CLAIMS, SHALL COMPANY BE LIABLE TO AFFILIATE OR ANY OTHER PARTY FOR (I) ANY RE-PROCUREMENT COSTS, LOST REVENUE OR PROFITS OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (II) ANY AGGREGATE DAMAGES, EVEN IF COMPANY HAS BEEN INFORMED OF SUCH POTENTIAL LOSS OR DAMAGE.
Affiliate Fees
The Company pays Affiliate fees for a sale of Company products or services, based on the final sales price (less taxes if applicable), during the first twelve (12) months, so long as the prospect is not already a customer of the Company or has not already been referred previously by another Affiliate.
Affiliate can refer a prospect via the online referral form.
Affiliate is paid based on the final sale amount (list price less any potential discounts).
Affiliate commissions are typically processed and paid within 30 days of the customer payment.
Company may also provide additional incentives or commissions as part of promotions (details contained within the promotion).
Affiliate Commission Amounts
Unless you have received written notice otherwise, Company pays 5% commission of the final price for the first-year revenue. The company may also provide additional incentives or commissions as part of promotions (details contained within the promotion). Affiliate may choose to pass the commission onto their referred client as a price discount for the first year of service following the Company policy.
Affiliate News
By becoming an affiliate, you agree to receive emails from the Company. These may contain important information about the affiliate program, existing or new products, and promotional ideas.
Rejection of Affiliate Application
The Company reserves the right to reject an Affiliate application for any reason.
Jurisdiction
By submitting the Affiliate application, you acknowledge that you have read the terms and conditions, understand, and agree with them.