Referral Partner Program Terms and Conditions
James P. Friel® has a Referral Partner Program. Please familiarize yourself with the terms and conditions below.
Referral Partner Program Details
The Referral Partner program is for the following programs:
- CEO Quickstart Group Coaching Program
- Hiring Like a Boss
- DFY
In order to participate, referral partners must agree to the terms & conditions below, and will receive an email from us with a secure link to submit their W9, or for non-US based referral partners, their address. This email will also contain your username and password for logging into our Referral Partner center. You can sign up for a referral partner account here.
Commission fees for each program are outlined in the Referral Partner center.
- Commission payouts are monthly.
- Commissions are denied on products returned.
- Commissions are ONLY tracked through affiliate links. No exceptions.
REFERRAL PARTNER PAYMENT SCHEDULE.
Percentage amount based on payment made (if client pays in payments, the fee is spread out over the payments)
Payments are processed monthly
TERMINATION. This Agreement may be terminated by either Party, with or without cause, by providing the other Party written notice of termination. This Agreement shall be effectively terminated upon written receipt by the other Party (“Termination Date”). Referrer has the right to receive its accrued Referral Fees through the Termination Date. Referrer is not entitled to any Referral Fees after the Termination Date even if a referred client ultimately signs a contract with James P. Friel®.
OBLIGATION OF PARTIES. It is the Referrer’s obligation to have potential clients of James P. Friel® provide James P. Friel® with notice that you referred him/her. This notice must take place prior to the potential client completing an application for James P. Friel®’s Services. James P. Friel® is under no obligation to ask any potential client if they were referred.
RIGHT TO DENY CLIENT. James P. Friel® reserves the unconditional right to accept or deny any potential client referred by Referrer.
NO REPRESENTATIONS REGARDING INCOME POTENTIAL. By entering into this Agreement, James P. Friel® is not making any representation with regards to income potential as a result of Referral Fees.
NO EXCLUSIVITY. This Agreement shall not be construed as a commitment by either Party to work exclusively with the other Party regarding referrals of potential new clients or any other business activities.
RELATIONSHIP OF THE PARTIES. Nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The Referrer has no power or authority to bind James P. Friel® to any obligation, agreement, debt or liability. The Referrer shall not hold itself out as an agent or representative of the owner.
MODIFICATION. James P. Friel® reserves the unconditional right to modify any terms and conditions of this Agreement upon written notice to the Referrer.
REPRESENTATIONS AND WARRANTIES. Each Party represents and warrants that:
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- it has the necessary requisite power and authority to enter into this Agreement, to carry out its obligations hereunder, and to grant the rights herein granted;
- it will conduct business in a manner that reflects favorably on the other Party and its products and services;
- it will make no false or misleading representations with respect to the other Party and its products and services; and
- it will make no representations, warranties, or guarantees with respect to the specifications, features, or capabilities of the other Party’s products and services that are inconsistent with the other Party’s business and services.
CONFIDENTIALITY; INTELLECTUAL PROPERTY.
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- Confidentiality. This Agreement is made exclusively for Referrer and James P. Friel®. Referrer shall not disclose the terms of this Agreement to any third party.
- Intellectual Property. This Agreement is the sole ownership and proprietary work of James P. Friel®. Referrer is not authorized to use this Agreement for its own use.
INDEMNIFICATION AND LIABILITY. Referrer agrees to indemnify and hold harmless James P. Friel® from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Referrer’s participation or action(s) under this Agreement. Referrer agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, Referrer’s participation under this Agreement, unless expressly stated otherwise by James P. Friel® in writing.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Daytona, Florida. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
WAIVER. No failure or delay by James P. Friel® to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
ASSIGNMENT. This Agreement may not be assigned by the other Party.
FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
COUNTERPARTS. This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. The headings of sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
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If you understand and accept the terms and conditions of our Referral Program, you can sign up for a Referral Partner account here. You will receive an email with your W-9 and login details to our Referral Partner center.
By submitting your W9 to James P. Friel ® you acknowledge and accept these terms and conditions.
Any questions can be sent to [email protected]
Thank you!
James P. Friel