Terms of the wagneRiviera Referral Agreement
1. Purpose.
The Company is in the business of creating and selling art. The Company wishes to gain additional clients/customers for its unique Art Installation. The Affiliate can refer potential clients/customers to the Company.
2. Referral Arrangement.
Upon the Effective Date of this Agreement, the Affiliate may, from time to time, refer potential clients/customers to the Company. The Company will pay the Affiliate a Referral Fee for these referrals.
3. The Referral Fee & Client Discount Code.
The company will identify any referral through a 6-digit code. The Affiliate will receive his “10% Referral Fee & 10% Client Discount Code” after the Referral Agreement has been confirmed and the Affiliate has been accepted by the company. The Company will inform the Affiliate in a timely manner of communication established by a potential client clearly identified through the Affiliate’s unique 6-digit code.
4. 10% Referral Fee Compensation.
A valid referral candidate is a potential client/customer clearly identified by the Affiliates 6-digit code and meets the specifications stated in Section 1 above and has submitted a request for an offer, in person or online stating the Affiliates 6-digit code. The Company shall pay the Affiliate a 10% REFERRAL FEE (ten percent) for each successful referral, where a successful referral is defined as a referral that becomes a paying client/customer for the Art Installation as it will be offered, performed, and provided by the Company.
5. 10% Referral Fee Payment Release.
The Company shall pay the Affiliate the agreed compensation (the 10% REFERRAL FEE as stated in paragraph 4 above) within eight days after the client has been firmly committed and has paid the second instalment (the 2nd out of 3 payments in total)
6. Euro 1.00 Visitor Fee.
The Company shall pay the Affiliate 1 Euro (One Euros Only) VISITOR FEE for each unsuccessful referral. An unsuccessful referral is defined as a valid referral candidate that signs up on the Company website stating the Affiliates 6-digit code, but does not become an immediate client/customer of the Company through no fault of the Affiliate or the Company
7. Euro 1 Visitor Fee Payment Release.
The Company shall pay the Affiliate the agreed compensation (as referred to in paragraph 6 above) at the beginning of the following month of a completed referral, where a completed referral will be the engagement of the new client/customer or definitive action that the referral will not become an immediate new client/customer.
8. Term.
This Agreement shall commence upon the Effective Date, as stated above, and will continue on an annual self-renewing basis, for as long as there is at least 1 (one) referral within the first 30 days of the first year period, or any particular year following this.
9. Confidentiality.
During this Agreement, it may be necessary for the Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Affiliate for the Affiliate to seek out potential referrals. The Affiliate will not share any of this proprietary information at any time. The Affiliate also will not use any of this proprietary information for the Affiliate’s personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either Party.
10. Termination.
This Agreement may be terminated at any time by either Party upon 30 days written notice to the other Party. Upon termination, the Company shall pay the Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid.
11. Representations and Warranties.
Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
12. Indemnity.
The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying Party, or its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either Party.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.
14. Disclaimer of Warranties.
The Affiliate shall refer potential clients/customers as requested by the Company. THE AFFILIATE DOES NOT REPRESENT OR WARRANT THAT SUCH REFERRALS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE AFFILIATE HAS NO RESPONSIBILITY TO THE COMPANY IF THE REFERRALS DO NOT LEAD TO THE COMPANY’S DESIRED RESULT(S).
15. Severability.
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
16. Waiver.
The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.
17. Legal Fees.
In the event of a dispute resulting in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
18. Legal and Binding Agreement.
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding globally. The Parties each represent that they have the authority to enter into this Agreement and will irrevocably obey to its terms.
19. Governing Law and Jurisdiction.
The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. If the Parties do business in different States and/or Countries, this Agreement shall be governed by Irish law.
20. Qualified Clients referred.
When participating in this Affiliate Program you understand and agree to the condition that you are permitted to pass on your personal discount code only to qualified potential clients to which you are already connected either on social media or in person and you have good reasons to believe that the contact qualifies and you therefore can assume that your contact has the financial resources to be able to buy into this Art Installation. If there are ever more than 10% of all the contacts that have used your code are identified to be spam or not a direct contact of yours, or not being financially capable to purchase our Art Installation, then your account may be suspended without notice with any outstanding fee or commission payments are null and void.
21. Entire Agreement.
By submitting an online request to participate in this Affiliate marketing program, the Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties, and all terms as stated here in its latest version apply.
Complete the sign-up process now!
- Complete the Affiliate Application form
- After we have verified your details, the relevant Code and the website link will be sent to you
- Start referring your qualified contacts to the landing page
