REFERRAL PROGRAM (Terms and Conditions)
By making a referral to Ship Watchers, the Referring Party agrees to the following Terms and Conditions:
1) The Referring Party shall function as an independent contractor and its actions shall not create a joint venture, partnership or employer-employee relationship. The Referring Party has no authority to act for or on behalf of Ship Watchers. The Referring Party may not bind Ship Watchers in any manner whatsoever and Ship Watchers will incur no obligation to employees or agents utilized by the Referring Party. The Referring Party is responsible for all expenses and obligations incurred by it in connection with referring potential clients to Ship Watchers.
2) The Referring Party shall be entitled to 5% of the total amount earned in one year for each new client referred to Ship Watchers (except in the case of an Affiliate Referral - see bottom Affiliate Referral sub sections). The total amount will be broken down into 4 payments of which each will be made within one month of the end of the quarter and based on the total amount earned in that quarter for each client referred. If the referring party is a current client of Ship Watchers you will receive payments in the form of credits to your Statement of Account unless other forms of payment are mutually agreeable by both parties.
a) Quarter 1 Ends March 31st for payment made to Referring Party by April 30th
b) Quarter 2 Ends June 30th for payment made to Referring Party by July 31st
c) Quarter 3 Ends September 30th for payment made to Referring Party by October 31st
d) Quarter 4 Ends December 31st for payment made to Referring Party by January 31s
3) For example, if the referred party becomes a client of Ship Watchers on May 3rd and brings Ship Watchers $880.00 by the end of Quarter 2, the Referring Party shall be entitled to the first payment on or before July 31st in the amount of $44.00. Referral payments are limited to the amount earned for our auditing solution. Additional funds earned from, but not limited to, consultation services, web design, damage claims, freight payment, freight rate services, and customized services will not be part of the Referral Program. The Referring Party shall not be eligible for a referral payment until after the new client makes its first monthly payment. No total referral amount of more than $5,000.00 shall be payable for any one new client, regardless of the amount earned in one year (except in the case of an Affiliate Referral – see bottom Affiliate Referral sub section).
4) The referring party whether as a company or an individual acknowledges that Ship Watchers will require a W9 to be on file prior to issuing any referral payments and will issue a 1099-MISC for tax purposes on any referral payments exceeding $500.00 USD.
5) The Referring Party acknowledges and agrees that Ship Watchers’ determination will be final and binding with respect to: (i) the Referring Party’s eligibility for any referral payment; and (ii) the amount of any referral payment.
6) The Referring Party shall not receive any referral payment with respect to: (i) any referral that does not result in a sale of Ship Watchers’ services within ninety (90) days following the date such referral is received by Ship Watchers via a completed Client Referral Form; (ii) any referral that becomes a Ship Watchers client as the result of Ship Watchers sales activities unrelated to the Referring Party; or (iii) any current Ship Watchers client.
7) Ship Watchers sales personnel receiving a referral will determine the appropriate products and services to be marketed in its sales efforts to the prospective client. Agreements submitted for services are not binding until accepted by Ship Watchers. Referrals that become clients shall be clients of Ship Watchers only and not a client of the Referring Party.
8) The Referring Party shall conduct its business activities (i) in a legal and ethical manner; (ii) commit no act which would reflect unfavorably on Ship Watchers and; (iii) cooperate with Ship Watchers to resolve any client service problems. The Referring Party shall not misrepresent Ship Watchers’ services or prices or impose any fees, initiation charges or minimums in connection with services provided by Ship Watchers.
9) The Referring Party shall disclose to any potential client the relationship between the Referring Party and Ship Watchers.
10) The Referring Party hereby indemnifies and holds Ship Watchers and its officers, employees, agents, managers and members, harmless from all suits, actions, claims or expenses of any nature (including actual attorney’s fees and court costs) arising from or brought by third parties, including clients, or prospective clients, resulting from the Referring Party’s acts or omissions, performance, or failure to perform, any obligation required by these Terms and Conditions.
11) The Referring Party and its officer, employees and agents shall not disclose to any third party and confidential or proprietary business information acquired by the Referring Party from Ship Watchers.
12) Referring Party may not go back to the client and advise them to leave Ship Watchers as a solution provider once the client is signed on with our services for any reason.
13) IN NO EVENT SHALL SHIP WATCHERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING FROM THE RELATIONSHIP BETWEEN SHIP WATCHERS AND THE REFERRING PARTY OR TO THE CONDUCT OF BUSINESS BY EITHER PARTY.
14) Ship Watchers reserves the right to terminate or modify this referral program at any time without prior written notice.
Affiliate Referral Sub Section
An Affiliate is a company or person bringing more than 3 referrals within a consecutive 12 month period. The Affiliate is put on a different percentage rate than the normal referral rate listed above. The Affiliate is approved at the time of sign up by an Account Management Team member at Ship Watchers. The team member will reach out to the Referral Contact to find out the number of potential clients that will be brought on average to Ship Watchers. An agreed percentage rate, length of payment, and other terms will be agreed with an addendum and may be changed upon 30 day written notice at any time by Ship Watchers with certain factors that may arise (example: Number of companies brought to Ship Watchers may increase percentage return). All other terms and conditions apply to Affiliate Referrals as noted above.