Kick22.com Referral Programme Terms & Conditions
If you would like to discuss our referral programme terms and conditions please contact us.
The Agreement
By submitting and referring any customers to us you are agreeing to the following terms and conditions between Kick22.com ("the Company") and you ("the Referrer").
1. Appointment
1.1 The Company hereby appoints the Referrer to act as a non-exclusive marketing agent of the Company for the purpose of securing new customer registrations and referrals.
1.2 The Referrer shall secure customer registrations in accordance with the terms of this agreement and any instructions that the Company may give the Referrer from time to time.
2. Registration
2.1 The Referrer shall ensure that any prospective customers are referred via the appropriate referral form or customer registration form and that appropriate details are submitted to the Company for approval.
2.2 The Referrer shall refer bona fide prospective customers only.
2.3 The Company shall not be bound to enter into any customer agreement or provision of services.
2.4 No customer agreement or provision of service shall become effective until it is executed by the Company.
2.5 The Referrer shall have no authority to enter into any customer agreement or provision of services on behalf of the Company.
3. Referrer Obligations
3.1 The Referrer shall not make any promises or representations or give any warranties or guarantees in respect of the provision of the Company's services or products, except those that have been expressly authorised by the Company in writing.
3.2 The referrer shall at all times represent the Company's services fairly in comparison with competitive products and services from other suppliers.
3.3 The referrer shall not solely or with others participate in illegal, deceptive, misleading or unethical practices including but not limited to disparagement of the Company, its services and products, or other practices which may be detrimental to the products and services of the company or the public interest.
4. Company Obligations
4.1 The Company shall provide the Referrer with any training, marketing and technical assistance that in its discretion consider necessary to assist the Referrer with the promotion of the Kick22.com products and services.
4.2 The Company shall provide the Referrer with adequate marketing materials that the Company shall produce from time to time.
4.3 The Company shall give the Referrer reasonable advance notice of any change in the Kick22.com service or of the company's intention to discontinue the provision of services or products.
5. Commission
5.1 The rate of commission payable shall be 10% of the total sale value of Kick22.com where a potential customer is referred to the Company and the potential customer signs up to said services.
5.2 No commission shall be payable in respect of a potential customer submitted by a Referrer and not accepted by the Company.
5.3 No commission shall be payable in respect of a potential customer submitted by a Referrer where the sale is unsuccessful or the order is cancelled.
5.4 No commission shall be payable in respect of a potential customer submitted by a Referrer if the customer has previously registered an interested in the Kick22.com product and service, or has previously been approached by the Company's own sales personnel before the Referrer had notified the company that such customer was a customer of the Referrer.
5.5 Commission shall be paid to the Referrer on receipt of final payment form the potential customer.
5.6 The said commission shall be exclusive of VAT which shall be paid by the company at the appropriate rate and the Referrer shall be responsible for delivering a VAT invoice to the company. No commission shall be paid except against receipt of such invoice.
6. Property Rights
6.1 Kick22.com, its services and intellectual property rights theirin or relating thereto are and shall remain the property of the Company.
6.2 The Referrer shall notify the Company immediately if the Referrer becomes aware of any unauthorised use of the service, products or intellectual property rights therein or relating to.
6.3 The Referrer shall not use, reproduce or deal in any of the Company's products or services or copies thereof except as expressly permitted by the terms of this agreement.
6.4 The provisions of this clause shall survive the termination of this agreement.
7. Confidentiality
7.1 The Referrer shall not use or divulge or communicate to any person (other than as expressly permitted by this agreement or with the written authority of the Company): a) any confidential information concerning the products, customers, business accounts, finance or contractual arrangements or other dealings, transactions or affairs of the Company that may come to the Referrers knowledge. b) any of the terms of this agreement. c) any of the companies intellectual property rights.
7.2 The provisions of this clause shall survive the termination of this agreement.
8. Reservation of Rights
8.1 The Company reserves the right to exploit Kick22.com, services and products by such means as it thinks fit including without limitation the appointment of other referrers, distributors or dealers.
8.2 The Company reserves the right to modify, enhance, change or make additions to the service in any way whatsoever as the Company may in its discretion determine, and to charge additional fees therefor.
8.3 The Company reserves the right to discontinue the Kick22.com product and service (whereupon this agreement shall automatically terminate).
8.4 The Company reserves the right to require the Referrer either not to use or cease to use any advertising or promotional materials in respect of the Kick22.com service and products which the Company considers not to be in the Company's best interests.
9 Legal Relationship
9.1 Nothing in this agreement shall render the Referrer a partner or (except for the purpose of securing customer orders in the manner permitted by this agreement) an agent of the Company and the Referrer shall not (except as expressly permitted or contemplated by this agreement) purport to undertake any obligation on the company's behalf nor expose the company to any liability nor pledge or purport to pledge the Company's credit.
10. Termination
10.1 Notwithstanding anything else contained herein this agreement may be terminated by either party forthwith on giving notice in writing to the other if: a) the other party commits any material or persistent breach of any term of this agreement and (in the case of a breach capable of being remedied) shall have failed within 30 days after the receipt of a request in writing from the other party so to do to remedy the breach (such request to contain a warning of such party's intention to terminate). b) the other party shall have been unable to perform its obligations hereunder for a period for a period of 90 consecutive days. c) the other party shall have a receiver or administrative receiver appointed of it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or become bankrupt or a court of competent jurisdiction shall make an order to that effect or if the other party shall enter into any voluntary arrangements with its creditors or shall become subject to an administration order.
10.2 The Referrer shall not be entitled to any compensation or indemnity (whether for loss of Referrer rights, goodwill or otherwise) as a result of the termination of this agreement in accordance with its terms.
11. Indemnities
11.1 The Referrer shall indemnify the Company and keep the Company fully and effectively indemnified against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which the Company may sustain or incur or which may be brought or established against it by any person and which in any case arise out of or in relation to or by reason of: a) any breach by the Referrer of its obligations under this agreement. b) the negligence, recklessness or wilful misconduct of the Referrer in the performance of its obligations hereunder. c) any unauthorised act or omission of the Referrer. d) the manner in which the Referrer markets the Company's products and services.
12. Force Majeure
Neither party shall be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond reasonable control of the party so delaying, and such party shall be entitled (subject to giving the other party full particulars of the circumstances in question, and to using its best endeavours to resume full performance without avoidable delay), to a reasonable extension of time for the performance of such obligations.
13. Notices
All notices which are required to be given hereunder shall be in writing and shall be sent by email to the address of the Referrer or such other address that the Referrer may designate in accordance with the provisions of this Clause.
14. General
This agreement constitutes the entire understanding between the parties concerning the subject matter of this agreement, and shall be governed by and construed in accordance with the laws of England. No waiver or amendment of any provision of this agreement shall be effective unless made by a written instrument signed by both parties. Each provision of this agreement shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this agreement and the remainder of the provision in question shall continue in full force and effect.
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