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A Solvaire Partner is a person or an
organization that refers business to us. Details
of the requirements to earn a referral fee
appear below.
1. The referral fee shall be calculated as
three per cent (3%) of payments received by
Solvaire under terms of the initial contract for
goods and/or services sold by Solvaire as a
direct result of a referral. Net value shall
exclude tax, postage, insurance, refunds and any
payments not honored by a financial institution.
An additional one percent (1%), for a total of
four percent (4%), will be added to the referral
fee if the Partner has arranged and attended the
first meeting between Solvaire and the referred
client. The amount shall be increased by another
one percent (1%), to a total of five percent
(5%) if, in Solvaire's opinion, the Partner has
participated affirmatively in the sales process
through the acceptance of the initial contract.
It is the Partner's responsibility to document
ongoing contributions to the sales process and
inform Solvaire in a timely manner. Subsequent
sales of goods or services to the referred
client shall not be subject to a referral fee.
The Partner may opt out of receiving a referral
fee.
2. Upon reconciliation of referral fees due, the
Partner shall issue an invoice to Solvaire and
payment shall be effected within thirty (30)
days of submission of said invoice.
3. Referral methods are at the discretion of the
Partner. However, in order to solicit sales, the
Partner shall not make promises or issue any
warranty either expressed or implied pertaining
to the goods or services offered by Solvaire
unless authorized in writing by Solvaire to do
so. The Partner shall refrain from corrupt and
illegal methods.
4. A referral must be original and valid to
qualify for a fee. An original referral
identifies an individual who has not been
previously referred to Solvaire and who works
for an organization that has not been a client
of Solvaire during the previous calendar year. A
valid referral identifies an individual to whom
the Partner has recommended Solvaire and who
participates in document management decisions
for an organization that is a legally distinct
entity from any organization for which the
Partner is legally prohibited from accepting a
fee. The Partner may not lobby any government
entity for the purpose of receiving a referral
fee. The Partner is solely responsible for
understanding laws and professional guidelines
that prohibit acceptance of fees for referrals
of certain clients or other entities.
5. The Partner shall not receive a fee for
referring an organization that the Partner owns
in part or in whole or which currently employs
the Partner.
6. This agreement does not grant exclusive
rights to the Partner to act as a referrer on
behalf of Solvaire, and the Partner shall have
no rights under any other agreements entered
into by Solvaire with other partners.
7. If a contract results from multiple valid
referrals of multiple individuals within an
organization by multiple partners, then each
partner will receive an equal share of the fee.
The fee shall not be increased to accommodate
full payment to the Partner.
8. The relationship between the parties shall
at all times be that of independent contractors.
No employment, co-ownership or joint venture
relationship is formed by this agreement and at
no time may the Partner position itself as
affiliated to Solvaire in any capacity other
than an independent referrer. In view of this
independent relationship, the Partner shall not
enter into any agreements on behalf of Solvaire,
shall make no warranty either expressed or
implied on behalf of Solvaire and shall not
incur any expenses on behalf of Solvaire.
9. The Partner may make use of Solvaire's
trademarks for the sole purpose of promoting
Solvaire's goods or services after obtaining
written permission. Any such use shall be in
accordance with Solvaire's trademark policies.
It is expressly understood that this agreement
does not grant the Partner any interest in
Solvaire's trademarks or any other intellectual
property rights.
10. The Partner agrees to not disclose any
confidential information regarding: Solvaire,
Solvaire's clients and affiliates, Solvaire's
prospective clients and affiliates, and the
goods and services of Solvaire and it's clients
and affiliates. The Partner will institute
adequate safeguards to protect confidential
information. The Partner may enquire with its
referred clients to confirm their purchase and
to gather feedback about their experience with
Solvaire.
11. Solvaire may disclose the name of a
Partner as the source of a referral if Solvaire
deems such disclosure to be material to a civil
or criminal legal proceeding or a law
enforcement investigation. Otherwise, Solvaire
will honor a request for anonymity with respect
to a referral.
12. Either party may terminate this agreement
at any time by giving the other party ten (10)
days prior written notice. Upon termination by
either party all outstanding referral fees due
to the Partner at that time shall be settled in
full within thirty (30) days. Termination of the
agreement does not terminate either party's
responsibilities regarding privacy or
confidentiality.
13. Each party shall indemnify, defend and
hold the other party (and any other relation to
the other party) harmless against any and all
claims of whatsoever nature arising from
misrepresentation, default, misconduct, failure
to perform or any other act related to this
agreement.
14. Solvaire agrees to not suggest to any
referred client of the Partner that the client
cease patronage of any of the Partner's products
or services. The company further agrees to not
suggest to any referred client of the Partner
that the client consider patronage of a product
or service that stands in direct competition as
an alternative to a product or service of the
Partner.
15. This agreement constitutes the whole
agreement between the parties, and any
alteration must be in writing and signed by both
parties.
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