Winkers LLC
PMB 3805
2525 Broadway
Everett, WA 98201
wm_jones
Internet Referral Agreement
This Internet Referral Agreement (“Agreement”) sets forth the terms and conditions under which [company desiring referral] ("Referred Company") will pay referral fees to WINKERS, LLC ("WINKERS") when WINKERS refers new customers to Referred Company by posting a link to Referred Company on its Web site www.winkersdesign.com (the “Site”)
1. Relationship of the Parties. WINKERS' relationship to REFERRED COMPANY is that of an independent contractor. WINKERS is not an agent or employee of REFERRED COMPANY. WINKERS shall have no authority to bind REFERRED COMPANY. WINKERS will not endorse the REFERRED COMPANY beyond posting the link to Referred Company as provided in Exhibit 1 and will disclaim any further endorsement on the Site.
2. Promotion of REFERRED COMPANY. WINKERS grants REFERRED COMPANY a non-exclusive right to promote its products during the term of this Agreement on or through the Site. REFERRED COMPANY’s products will be promoted in the manner set in Exhibit 1. REFERRED COMPANY will cooperate with WINKERS to effect the transactions contemplated above. REFERRED COMPANY is solely responsible for all fulfillment of orders, shipping, and any costs associated therewith.
3. Commissions. REFERRED COMPANY shall pay WINKERS a referral fee of 10% of the purchase made by person or company (each, a "Referral") referred to REFERRED COMPANY by WINKERS if the Referral has not previously purchased goods or services from REFERRED COMPANY or purchased any goods or services of any kind from REFERRED COMPANY.
4. Timing of Payment. Payment of the commission shall be made by Referred Company within thirty (30) calendar days after the end of each calendar month during which the Referral pays REFERRED COMPANY. Any late payments of commission will accrue an interest of 1% per month, or the maximum permitted by law, whichever is less.
5. Commission Report. REFERRD COMPANY shall provide a written commission report within thirty (30) calendar days after the end of each month, setting forth: 1) the names, address and phone number and email address (when provided) of Referrals; 2) the products purchased by Referrals, with sales price; 3) the commission owed WINKERS; and 4) such additional information that may be reasonably requested by WINKERS.
6. Manner of Payment. REFERRED COMPANY will send payment of the commission due by check or money order to WINKERS, LLC at PMB 3805, 2525 Broadway, Everett, WA 98201, together with the commission report.
7. Miscellaneous. This Agreement constitutes the final, complete agreement of the parties with respect to its subject matter. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be valid unless made by an instrument in writing signed by both parties.
8. Limitation of Liability. Under no circumstances will WINKERS be liable for indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement. Without limiting the foregoing, WINKERS aggregate liability arising with respect to this Agreement will not exceed the total commission paid or payable to WINKERS, under this Agreement.
9. Governing Law and Exclusive Jurisdiction. This Agreement will be governed and construed in accordance with the internal laws of the State of Washington without giving effect to principles of conflict of laws. All claims, controversies, actions, and cause of action concerning the interpretation or enforcement of this Agreement shall be brought in the Circuit Court for Snohomish County, Washington. Both parties irrevocably agree to submit to the exclusive jurisdiction of such court, and each party hereby irrevocably waives any right it may have to transfer or change the venue of any litigation brought hereunder.
10. Term and Termination. The initial term of the Agreement will be six (6) months from the date of the last signature to this Agreement. Thereafter this Agreement will renew automatically for additional terms of six (6) months unless either party gives written notice of non-renewal at least sixty (60) calendar days prior to any automatic renewal date. In the event of material breach of this Agreement, the non breaching party shall have the right to terminate this Agreement. A party shall give written notice of the breach and the breaching party will have fifteen (15) calendar days to cure.
1. Relationship of the Parties. WINKERS' relationship to REFERRED COMPANY is that of an independent contractor. WINKERS is not an agent or employee of REFERRED COMPANY. WINKERS shall have no authority to bind REFERRED COMPANY. WINKERS will not endorse the REFERRED COMPANY beyond posting the link to Referred Company as provided in Exhibit 1 and will disclaim any further endorsement on the Site.
2. Promotion of REFERRED COMPANY. WINKERS grants REFERRED COMPANY a non-exclusive right to promote its products during the term of this Agreement on or through the Site. REFERRED COMPANY’s products will be promoted in the manner set in Exhibit 1. REFERRED COMPANY will cooperate with WINKERS to effect the transactions contemplated above. REFERRED COMPANY is solely responsible for all fulfillment of orders, shipping, and any costs associated therewith.
3. Commissions. REFERRED COMPANY shall pay WINKERS a referral fee of 10% of the purchase made by person or company (each, a "Referral") referred to REFERRED COMPANY by WINKERS if the Referral has not previously purchased goods or services from REFERRED COMPANY or purchased any goods or services of any kind from REFERRED COMPANY.
4. Timing of Payment. Payment of the commission shall be made by Referred Company within thirty (30) calendar days after the end of each calendar month during which the Referral pays REFERRED COMPANY. Any late payments of commission will accrue an interest of 1% per month, or the maximum permitted by law, whichever is less.
5. Commission Report. REFERRD COMPANY shall provide a written commission report within thirty (30) calendar days after the end of each month, setting forth: 1) the names, address and phone number and email address (when provided) of Referrals; 2) the products purchased by Referrals, with sales price; 3) the commission owed WINKERS; and 4) such additional information that may be reasonably requested by WINKERS.
6. Manner of Payment. REFERRED COMPANY will send payment of the commission due by check or money order to WINKERS, LLC at PMB 3805, 2525 Broadway, Everett, WA 98201, together with the commission report.
7. Miscellaneous. This Agreement constitutes the final, complete agreement of the parties with respect to its subject matter. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be valid unless made by an instrument in writing signed by both parties.
8. Limitation of Liability. Under no circumstances will WINKERS be liable for indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement. Without limiting the foregoing, WINKERS aggregate liability arising with respect to this Agreement will not exceed the total commission paid or payable to WINKERS, under this Agreement.
9. Governing Law and Exclusive Jurisdiction. This Agreement will be governed and construed in accordance with the internal laws of the State of Washington without giving effect to principles of conflict of laws. All claims, controversies, actions, and cause of action concerning the interpretation or enforcement of this Agreement shall be brought in the Circuit Court for Snohomish County, Washington. Both parties irrevocably agree to submit to the exclusive jurisdiction of such court, and each party hereby irrevocably waives any right it may have to transfer or change the venue of any litigation brought hereunder.
10. Term and Termination. The initial term of the Agreement will be six (6) months from the date of the last signature to this Agreement. Thereafter this Agreement will renew automatically for additional terms of six (6) months unless either party gives written notice of non-renewal at least sixty (60) calendar days prior to any automatic renewal date. In the event of material breach of this Agreement, the non breaching party shall have the right to terminate this Agreement. A party shall give written notice of the breach and the breaching party will have fifteen (15) calendar days to cure.
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Winkers LLC
PMB 3805
2525 Broadway
Everett, WA 98201
wm_jones
