The following Referral Agreement (the “Agreement”) is entered into between Arboleda Coaching, (“Company”, “we”, or “us”) and the individual or entity registering as an referrer of the Company and/or is an actively registered referrer (“Referrer” or “You”).
The Company has set up a program for partners to promote its products and services in exchange for a share of the proceeds of any sales (the “Referral Program”). Except as modified by a separate agreement governing the promotion of any particular product, the terms of this Agreement apply to your participation in the Company’s Referral Program.
By enrolling in the Referral Program and/or by otherwise participating in the Referral Program, you are expressly agreeing to the terms and conditions set out in this Agreement and in any agreement that might apply to individual products.
1.1 To enroll in the Company’s referral program, the Referrer must complete the online form on the Company’s website. You are required to answer all questions in that form, and your answers must be accurate and complete.
1.2 To participate in the Referral Program, you must provide the Company with your true identity and other contact information, as well as business and banking information as requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.
2.1 The Referrer agrees to promote the Company’s products and services in a manner that is ethical and complies with all applicable laws and regulations.
2.2 The Referrer will receive a unique referral link, and they are responsible for ensuring that all referrals are made through this link.
2.3 The Referrer will not engage in any misleading or deceptive marketing practices.
3.1 The tracking and attribution of sales to Referrers based upon their tracking links is done automatically by the Company’s marketing automation system (Ontraport). Referrers shall be paid only for sales that are tracked through the Company’s marketing automation system and indicate the Referral Link as the source of the sale.
3.2 The Company will pay the Referrer a commission on qualified referrals, as outlined below.
3.3 Commissions are payable on a quarterly basis [January, April, July, October].
3.4 Referrers acknowledge and agree that referrals made for individuals within their own organization, or for their own organization itself, are not eligible for referral commissions. Referral commissions shall only be applicable and awarded for referrals of individuals who are not affiliated with the referrer’s organization. This includes, but is not limited to, employees, contractors, partners, and affiliates of the organization to which the referrer belongs. Arboleda Coaching reserves the right to determine the eligibility of referrals and to withhold referral commissions if it is determined that the referral violates this exclusion clause.
3.5 Payments will be made via PayPal, and the Referrer is responsible for providing accurate payment information.
3.6 Referrer is not eligible to receive any payments from the Company until Referrer has submitted the appropriate tax forms and has set up a proper payment gateway. Referrers shall be required to complete either a W9 or a W8BEN. It is the Referrer’s sole responsibility to provide the required forms in a timely manner. No payments shall be made to Referrer until such form is provided.
4.1 Company shall have the right to charge back the Referrer’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Referral Agreement. Specifically, in the event that a sale attributed to a Referrer is charged back, refunded for any reason, or otherwise challenged after the Commission has been paid, the Company shall have the right to charge back the Commission paid to the Referrer.
4.2 Company has the right to offset any commissions due and payable to the Referrer to account for any charge backs the Company experiences on sales for which Referrer has already received a Commission.
5.1 Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
5.2 The Company reserves the right to terminate the Referrer’s participation in the program for any violation of the terms outlined in this Agreement.
6.1 The Referrer agrees to keep confidential any proprietary information provided by the Company, including but not limited to marketing strategies, commission structures, and customer data.
7.1 The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
8.1 The Referral Program, any promotional material, and the products and services provided on connection therewith, are provided to Referrer “as is.”
8.2 Company does not warrant that the Referral Program or promotional materials will meet Referrer’s specific requirements or that the materials are error free or uninterrupted.
8.3 Company disclaims any liability for any act or omission of any third party provider not under the control of the Company, and their products and services.
8.4 Referrer agrees and understands that the Company has not made any guarantee that Referrer will earn any specific amount of commissions and attests that no such representations or claims have been made.
9.1 The Company will not be liable for any indirect, special, or consequential damages arising out of or in connection with this Agreement.
9.2 The Referrer is solely responsible for the content of their marketing materials and any claims made in promoting the Company’s products and services.
10.1 The Company reserves the right to modify the terms and conditions of this Agreement at any time, and such modifications will be effective upon notice to the Referrer.
11.1 This Agreement will be governed by and construed in accordance with the laws of the State of Florida.
11.1 This Agreement constitutes the entire agreement between You and the Company with respect to the Referral Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Referral Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By enrolling and participating in the Company’s referral program, the Referrer acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Agreement.
Last updated: January 26, 2024
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