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REFERRAL AGREEMENt terms & conditions

 

 

PARTIES

- This Referral Agreement (hereinafter referred to as the “Agreement”) is entered into by the referring company hereinafter referred to as the “vendor”), and Christy clark photography, llc. ,  (hereinafter referred to as the “Seller”) (collectively referred to as the “Parties”).

- The Seller is in the business of Photography.

- The vendor has contacts that are looking to book wedding vendors and has agreed to act as an intermediary finder of clients for the Seller and his/her services.

 

TERM

- This Agreement shall be effective on the date of submitting the vendor sign-up form on seller's website and will persist in perpetuity until cancelled in writing by either party. 

 

TERMINATION

- This Agreement may be terminated in case the following occurs: Immediately in case one of the Parties breaches this Agreement.

- At any given time by either party providing a written notice to the other party.

 

RELATIONSHIP BETWEEN PARTIES

- Under no circumstances shall the vendor be considered an employee.

- Whereas, this Agreement does not create any other partnership between the Parties.

 

PAYMENT AND FEES

- The Parties agree that the vendor will receive 10% of the booked wedding package for the particular client and event they have referred the client to us for and is paid for in full at the time of booking.

- The Parties agree that the vendor will receive a flat fee of $50 for the particular client and event they have referred the client to us for if the client chooses to finance the wedding package instead of paying their invoice in full.

- In the event that the client that was referred to seller by vendor contacts seller for additional business subsequent to the conclusion of the originally referred event/ceremony, either for services for the client directly or for any other individual or entity, no referral commissions of any kind will be due to vendor. 

 

Conditions of payment

-all client referrals must be made through the client referral form on seller's website located at

www.christyclarkphotos.com/referrals

-no fee will be due for any client that is not submitted via the client referral form

-no fee will be due to any vendor that attempts to claim a client that reached out to seller previous to the vendors's submission of the client referral form. 

 

 

- The Parties agree that the means of payment will be via an electronic gift card or, at the discretion of the selling, any other method that the seller deems acceptable. 

 

CONFIDENTIALITY
 

- All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the vendor, unless the disclosure is required pursuant to the process of law.

- The vendor will not be entitled to use any information provided to 

- Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Seller.

- This section will remain in force regardless of the fact in case the Agreement is terminated.

- The vendor is not to use the Seller’s information for advertisements or any other promotional activity without the Seller’s written consent.

- The vendor is not to use any intellectual property provided to him/her by the Seller without the written consent of the Seller.

 

LIMITATION OF LIABILITY

- Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in case such is not related to the direct result of one party’s negligence or breach.

 

INDEMNITY
 

- The Parties agree not to indemnify and hold one another harmless. This also applies to their affiliates, agents, officers, employees, and/or successors. The Parties in this Agreement hereby in addition agree to assign against all (if any) claims, liabilities, damages, losses, penalties, punitive damages, expenses, any reasonable legal fees and/or costs of any kind or any amount that may arise. This includes, but is not limited to, any amount which may result from the negligence of or the breach of this Agreement by the party that is indemnified, its successors and assigns that occurs in terms of this Agreement.

- This section will remain in full force and tact as well as effect even upon the termination of the Agreement naturally or the early termination by either of the Parties.

 

DISPUTE RESOLUTION
 

Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to negotiation in accordance with, and subject to the laws of, the state of florida .

GOVERNING LAW

- This Agreement shall be governed by and construed in accordance with the laws of the state of florida.

 

SEVERABILITY

- In an event where any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

 

ENTIRE AGREEMENT

- This Agreement contains the entire Agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

- The Parties hereby agree to the terms and conditions set forth in this Agreement by submitting the vendor signup form on the seller's website located at www.christyclarkphotos.com/vendor-signup

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