Terms and Conditions - Affiliate Program
This Partnership Agreement (the “Agreement”) is made and entered into on the date that the Agency confirms the partnership in writing through email, by and between Destiny King Productions, LLC (the “Agency”), and the Referral Partner (the “Referral Partner”), whose name will be provided to the Agency within 30 days of the Effective Date.
WHEREAS the Agency provides digital marketing services to clients, and the Referral Partner desires to refer clients to the Agency in exchange for a referral fee; and
WHEREAS, the parties desire to set forth the terms and conditions of their partnership.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
The Agency and the Referral Partner agree to enter into a referral program (the “Program”) pursuant to which the Referral Partner will refer potential clients to the Agency. The Referral Partner will sign up for the Program via a form on the Agency’s website. For a referral to be eligible for payment, the referred client must sign an agreement with the Agency with a minimum value of $497. The referred client must not be an existing or former client of the Agency. The Agency reserves the right to verify the actual spend value of the referred client and may refuse to pay referral fees if it determines that the referral was made in bad faith or for fraudulent purposes.
The Referral Partner will receive a referral fee equal to 10% of the initial payment made by the referred client, provided that the spend value of the referred client is at least $497. The Referral Partner will also receive a recurring payment equal to 10% of the monthly maintenance plan payment made by the referred client, for up to one year from the date the referred client signs an agreement with the Agency, provided that the referred client signs up for a 6 or 12-month maintenance term, and does not cancel the service before the year is completed. Referral fees for the monthly maintenance plan will not be paid out for any maintenance term less than 6 months, and if the client cancels before the end of the maintenance term, the Referral Partner will not be entitled to any further referral fees for the canceled service.
Referral fees will be paid out once a month. The Agency reserves the right to update these terms at any time without notifying the Referral Partner.
The Partnership is only valid for Referral Partners in the United States of America.
This Partnership Agreement will be valid for the year 2023.
Relationship of the Parties
The Referral Partner is an independent contractor and is not an employee or agent of the Agency. Nothing in this Agreement is intended to create a partnership, joint venture, or agency relationship between the parties.
The Referral Partner agrees to keep confidential all non-public information received from the Agency, including but not limited to client information and pricing.
The Referral Partner acknowledges that all intellectual property rights, including but not limited to copyrights and trademarks, in the Agency’s services and materials are owned by the Agency.
The Referral Partner agrees to use the referral tracking system provided by the Agency to track all referrals. The Agency will provide the Referral Partner with a unique referral code/link to share with potential clients, but the referral does not have to be made through the code/link. Instead, the referred client must mention the Referral Partner’s name, code, or link when finalizing their project or signing an agreement with the Agency in order for the referral to be eligible for payment. The referred client must mention their affiliation within 30 days of being referred to be eligible for payment. The Agency reserves the right to verify the referral through its own records and may refuse to pay referral fees if it determines that the referral was made in bad faith or for fraudulent purposes.
Cancellation of Referred Client’s Agreement
If a referred client’s agreement with the Agency is terminated or canceled before the minimum value or time period is met, any referral fees already paid to the Referral Partner will be adjusted accordingly, and the Referral Partner will not be entitled to any further referral fees for the canceled service.
Either party may terminate this Agreement at any time upon written notice to the other party. Upon termination, the Referral Partner will cease all use of the Agency’s intellectual property and return all confidential information to the Agency. Any pending referral fees that have not been paid to the Referral Partner at the time of termination will be forfeited. The Referral Partner will not be entitled to any referral fees for referrals made after the termination date. In addition, Destiny King Productions reserves the right to refuse any service to anyone for any reason, even if they were referred by the referee.
The Referral Partner agrees to indemnify and hold harmless the Agency from any and all claims, damages, or expenses arising from the Referral Partner’s breach of this Agreement.
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations, and understandings of the parties, whether oral or written.
Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in Spokane, Washington.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.