REFERRAL AGREEMENT
THE PARTIES TO THIS AGREEMENT ARE:
The Agent: Xxxxxxx Akinov
Xxxxxxxxxx 0X XxxxXxxxx
00000 Xxxxxxx
The Company: Pinacle Enterprise, Inc.
Xxxxxxxxxxxxxx Xxx. 00
Xxxxxx Xxxxxxx 00000
Whereas the Agent may from time to time refer potential customers to
the Company for a referral fee.
The Parties agree to the following:
1. The referral fee shall be calculated as fie per cent (5%) of the
net value of services sold by the Company as a direct result of a
referral. Net value shall exclude refunds and payments not honored by
a financial institution. Subsequent sales of goods or services to the
referred customer shall not be subject to a referral fee except where
such subsequent purchase is the direct result of a repeat referral.
2. Upon reconciliation of referral fees due, the Agent shall issue an
invoice to the Company and payment shall be affected within thirty (3)
days of submission of said invoice.
3. Please of advertisements and referral methods for the Company are
at the sole discretion of the Agent. However, in order to solicit
sales, the Agent shall not make promises or issue any warranty either
expressed or implied pertaining to the goods or services offered by the
Company unless authorized in writing by the Company to do so.
4. The relationship between the parties shall at all times be that of
independent contractors. No employment, partnership or joint venture
relationship is formed by this referral agreement and at no time may
the Agent position itself as affiliated to the Company, except as an
independent referrer. In view of this independent relationship the
Agent shall not enter into any agreements on behalf of the Company,
shall make no warranty either expressed or implied on behalf of the
Company and shall not incur any expenses on behalf of the Company.
5. This referral agreement does not grant exclusive rights to the
Agent to act as referrer on behalf of the Company and the Agent shall
have no rights under any other agreements entered into by the Company
with other Agents.
7. Either party may terminate this referral 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
Agent at that time shall be settled in full within thirty (30) days.
8. 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.
10. This agreement constitutes the whole agreement between the parties
and any alteration must be in writing and signed by both parties.
Signed at Ctunnersdorfer on this 25 day of March 2011.
/s/Xxxxxxx Akinov
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Agent
/s/Xxxxxxx Xxxx
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Company signatory - President
Both signatories duly warrant their authority to sign this agreement.
