This Partner Agreement (“Agreement”) is between Realty Sage, Viva Green LLC (“Platform”) and (“Lead Generator”). The purpose of this Agreement is to set out the obligations of both parties as it relates to customer leads (“Lead”) generated by the Lead Generator and referred to the Platform. A “Lead” is a user who completes and submits the Realty Sage Pros Lead Generation form including their contact information on www.realtysagepros.com.
Both parties agree to the following:
LEAD GENERATOR OBLIGATIONS Lead Generator will;
host or distribute a unique Platform generated referral link on their site, social media, or other mediums.
provide payment information to the Platform prior to commission distribution.
provide genuine Leads. See “Advertising”.
provide point of contact information to send quarterly reports.
W-9 form, if applicable
PLATFORM OBLIGATIONS Platform provides;
unique trackable link(s) to the Lead Generator
a quarterly report of total tracked Leads.
electronically distributed commission within 30 days of the end of the quarter or termination of agreement.
1099 form if applicable.
PLATFORM DELIVERABLES Within fourteen (14) days of the execution of this agreement, Platform must provide Lead Generator with a unique referral link. Additional links can be created so that the origin of the Leads can be more efficiently tracked. Example: Link A on the website, link B on social media, Link C on newsletters, etc. Within 30 days of the end of each quarter, the Platform will deliver a report consisting of the total number of Leads tracked by the Platform using the Lead
Generator’s unique referral links.
LEAD GENERATOR DELIVERABLES Upon receiving the unique referral link, Lead Generator may begin publishing their unique referral link(s).
COMMISSIONS AND SERVICE AREA Commission shall be a flat fee of five dollars ($5 USD) per Lead, regardless of the value of the resulting sales of goods or services by the Platform. Commission may be modified, at the sole discretion of the Platform, with 10 days written notice. Such modifications will be communicated to the Lead Generator as outlined below in NOTICES AND SIGNATURES.
How the general process works: A Lead is defined as a customer who clicks on the Lead Generator’s unique referral link and submits their valid contact information (name, email
and/or phone number) through the Lead generation RS Pros form, generating a Lead to the Platform. Duplicate Leads will be counted only once. The Platform receives and records the Lead’s information and their referral origination. At the end of the quarter, the Platform tallies the total Leads from the Lead Generator and the per-Lead commission and submits this record and payment to the Lead Generator within 30 days after the end of the quarter.
Service area currently extends to any referrals within the United States and its territories.
ADVERTISING & REFERRAL METHODS: Placement of advertisements and referral methods for the Platform are at the sole discretion of the Lead Generator. However, the Lead Generators shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by the Platform unless authorized in writing by the Platform to do so. Lead Generator
(directly or indirectly) does not, and will not, intentionally undertake any “black-hat” or other method to increase Leads through deceptive or fraudulent methods including, but not limited to paid-to-click campaigns, automated “robot” techniques, or other similar tactics; no payment will be made for any Leads deemed to result from such activity.
IP AND TRADEMARKS: The Lead Generator may make use of the Platform's trademarks for the sole purpose of promoting the Platform's goods or services. Any such use shall be in accordance with the Platform's trademark policies. It is expressly understood that this referral agreement does not grant the Lead Generator any interest in the Platform's trademarks or any other intellectual property rights.
The Lead Generator may not engage in activities or commit acts, directly or indirectly, that may contest, dispute, or otherwise impair the Platform’s interest in the Platform Marks, which consist of the trademarks Realty Sage and Viva Green its associated logos. The Lead Generator may not cause diminishment of value of the Platform Marks through any act or representation. The Lead Generator may not apply for, acquire, or claim any interest in any Platform Marks, or others that may be confusingly similar to any of them, through advertising or otherwise.
PAYMENTS Commissions will be due to Lead Generator as outlined in “Commissions and Service Area.” Using an electronic means of payment, the Platform will submit the payment within thirtydays after each quarter’s total Leads have been tallied and reported.
January, February, and March (Q1)
April, May, and June (Q2)
July, August, and September (Q3)
October, November, and December (Q4)
If this agreement terminates before the end of any quarter, then the commission owed during that quarter will be distributed within 30 days of the date of termination. LIMITATION OF LIABILITY. Except for damages resulting from a breach by a party of its obligations under section 9 below, in no event shall either party be liable to the other party for any indirect, special, incidental or consequential damages, arising out of or in any way connected with this agreement, whether for breach of contract, in tort or otherwise, even if the other party is advised of the possibility of such damages, and in no event will a party’s total liability exceed the fees paid or payable hereunder in the twelve (12) months immediately preceding the events giving rise to the claim.
CONFIDENTIALITY “Confidential Information” means the contents of this Agreement and any
information disclosed by either party designated as “confidential”. Each party will maintain in confidence and not disclose or disseminate to any third party any such Confidential Information during and for a period of three (3) years after the termination of this Agreement.
JURISDICTION This Agreement is governed by Virginia law without giving effect to conflict of laws principles. The jurisdiction and venue for all disputes arising out of this Agreement shall be in the jurisdiction of the company headquarters of the party against whom the claim is made.
TERMINATION Either party may terminate this Agreement for any reason with a 3 day notice to the other party. Violation of any terms of this Agreement are grounds for immediate termination. Any commissions owed will survive such termination except if Lead Generator is in violation of ADVERTISING & REFERRAL METHODS.
NOTICES AND SIGNATURES Each party may give notice in writing or use one of the following types of delivery for purposes of this Agreement: personal delivery, mail (registered or certified), nationally recognized courier (fees prepaid), or email. This Agreement, and other amendments or modifications, may be entered into via signature delivered by email or other electronic medium.
This agreement constitutes the whole agreement between the parties and any alteration must be in writing and signed by both parties.