© 2024 Smart Business Solutions (SMBS). All rights reserved. Confidentiality Notice: This document contains confidential and proprietary information of Smart Business Solutions (SMBS). Unauthorized use or disclosure of any part of this document is prohibited.
Introduction to the SMBS Referral Program
Welcome to the SMBS Referral Program, an opportunity for you to earn significant passive income by introducing businesses to our exceptional team and services. By becoming a participant in the SMBS Referral Program, you can help businesses connect with the specialized tech talent we provide while earning a commission for each successful referral.
This Referral Program Agreement ("Agreement") sets out the terms and conditions for the partnership between SMBS and the Referrer. This document serves as the official guide to participating in the Referral Program, outlining the roles, responsibilities, and benefits for both parties.
Agreement Overview
Effective Date:
This Referral Program Agreement (the “Agreement”) is entered into by and between Smart Business Solutions, LLC (SMBS), a New Jersey-based company, and the Referring Party ("Referrer"). By participating in the Referral Program, the Referrer acknowledges and agrees to the terms outlined in this Agreement.
Under this Agreement, the Referrer is entitled to earn commissions for referring potential clients ("Leads") to SMBS. The commissions are based on the services rendered to the referred client and are subject to the terms and conditions described below.
Confidentiality & Proprietary Rights
This document contains proprietary and confidential information belonging to SMBS. By entering into this Agreement, the Referrer agrees to maintain the confidentiality of any business and client information provided by SMBS during the term of this Agreement and beyond its termination.
Copyright Notice
© 2024 Smart Business Solutions (SMBS). All rights reserved. This document and its contents are protected by copyright law. Unauthorized use, reproduction, or distribution of this Agreement or any part thereof is strictly prohibited. All trademarks, logos, and other intellectual property mentioned herein are the property of Smart Business Solutions or their respective owners.
1. Purpose
The purpose of this Agreement is to provide the Referrer the opportunity to earn Referral Fees for introducing potential clients ("Leads") to SMBS for its services.
2. Referral Program Highlights
As a participant in the SMBS Referral Program, the Referrer is entitled to receive a 5% commission for the first 12 months of services provided to each client referred by the Referrer. This commission is based on the revenue SMBS collects for services provided to that client. The commission is valid for the first 12 months of the client's engagement with SMBS, beginning from the date of service provision.
3. Referral Process
- Leads: The Referrer can submit Leads to SMBS by providing the contact information and relevant details (e.g., company, role, needs) for potential clients.
- Lead Registration: SMBS will review and register the Lead within 10 business days. If accepted, the Lead will be assigned to the Referrer for the duration of the referral period.
- Lead Acceptance: SMBS may reject Leads if they are already registered as active, or if the Referrer does not have a pre-existing relationship with the Lead.
4. Term and Termination
- Term: This Agreement is effective for 12 months from the Effective Date, with automatic renewal unless terminated by either party with 30 days’ written notice.
- Termination: Either party may terminate this Agreement with 30 days' notice, or for cause in the event of a material breach. Termination does not affect any commissions due on Leads registered prior to termination. Upon termination, each party shall return the other party's marketing materials and Proprietary Information.
5. Referral Fees
- Commission Rate: Referrer earns a 5% commission on the revenue generated from the services provided to referred clients during the first 12 months of service.
- Payment: Referral fees will be paid by wire transfer, check, or other mutually agreed-upon methods upon receipt of funds from the client.
- Commission Eligibility: Commissions are only payable once payment has been received from the client. Payments are made after the full payment is collected from the client.
6. Independent Contractors
The parties are independent contractors and not agents, employees, or partners. This Agreement does not create any legal agency, joint venture, or partnership between SMBS and the Referrer.
7. Confidentiality
Each party agrees to maintain confidentiality regarding proprietary information received from the other party during the term of this Agreement, including client details, business strategies, and other sensitive information. This obligation extends beyond the termination of the Agreement.
8. Indemnification
The Referrer agrees to indemnify and hold SMBS harmless from any claims, damages, or liabilities arising from the Referrer’s activities under this Agreement, except in cases of SMBS's breach of this Agreement.
9. Marketing
Referrer may participate in sales calls, conferences, and other presentations jointly with SMBS, provided that both parties mutually agree to SMBS's involvement. The nature and extent of any sales or marketing efforts by the Referrer will be at the Referrer’s discretion and expense.
The parties may also engage in joint marketing activities from time to time, as mutually agreed upon, including developing sales presentation materials, press releases, direct mail campaigns, trade shows, seminars, and other events. Neither party will be responsible for any costs associated with these activities unless expressly agreed upon in writing by both parties prior to incurring such expenses.
10. Publicity and Marketing Materials
Referrer may not use SMBS’s trademarks or branding for marketing or promotional purposes without prior written approval. However, the Referrer may refer to SMBS in any list of referral partners or on their website. All marketing material that uses SMBS’s trademarks, logos, or other proprietary elements requires written consent from SMBS prior to publication.
11. Miscellaneous
- Assignment: Neither party may assign this Agreement to any third party without the prior written consent of the other party, except in connection with the sale or acquisition of such party’s business to a company that is not a competitor of the other party.
- Governing Law: This Agreement shall be governed by the laws of the State of New Jersey, USA.
- Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remainder of the Agreement will remain in effect.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior understandings or agreements, written or oral, between the parties.
12. Signature
By signing below, both parties acknowledge and agree to the terms of this Referral Program Agreement.
SMBS - Smart Business Solutions, LLC
Referrer