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REFERRAL AGREEMENT
THIS REFERRAL AGREEMENT (this "Agreement") is entered into as of the day of acceptance from the agreeing "Partner", by and between "Partner" and YellowBird Holdings, Inc. ("YellowBird"), having its principal offices at 2111 E Highland Avenue, Suite 145, Phoenix, AZ 85016 (each individually, a “Party”, and collectively, the “Parties”).
1. Appointment: Partner agrees to identify Prospects for YellowBird and to act as a facilitator between YellowBird and such Prospects with the intent of fostering the entering of formal agreements between YellowBird and the Prospects for services to be provided by YellowBird.
2. Compensation: As compensation for services rendered by Partner pursuant to this Agreement with respect to all referrals that result in revenues to YellowBird, YellowBird shall pay Partner a referral fee of five percent (5%) of the total revenue generated from services rendered during the first twelve (12) months from the completion date of the client’s first job with YellowBird. Additionally, YellowBird shall pay Partner a bonus of $1,000 upon YellowBird
invoicing Prospect a minimum of $25,000.
YellowBird will pay Partner on or about the 15th of each month for fees earned by Partner during the previous calendar month.
Partner agrees that the referral fee set forth above shall not pertain to clients that completed one or more jobs with YellowBird during the preceding twelve (12) months of the Effective Date. However, the Parties acknowledge that Partner may not be aware of the names of YellowBird’s existing clients at the time of entering into this Agreement and therefore, YellowBird commits to notifying Partner within 5 working days of such an occurrence.
3. Term: Commencing on the Effective Date, this agreement will continue in full force and effect until terminated by written notice by either Party
4. Relationship of Parties: The Parties are independent contractors, each in full control of its business. Under no circumstances will either Party has the right or authority to act or make any commitment on behalf of or bind the other or represent the other as its agent in any way. It is agreed that to the extent that any agreement is entered between YellowBird and a Prospect, Partner is not a party to any such agreement.
5. Compliance with Laws and Ethical Behavior: The Parties shall conduct themselves in a manner consistent with the highest ethical standards. This includes, but is not limited to, acting honestly, transparently, and with integrity in all dealings related to this Agreement. The Parties will comply with all applicable laws and regulations pertaining to or affecting the conduct of their respective businesses and this Agreement. In the event of any ethical conflicts or concerns, the parties agree to promptly address and resolve such matters in good faith. Failure to adhere to these ethical standards may result in termination of this contract and/or other appropriate remedies as determined by the non-breaching party.
6. Confidential Information: The Parties acknowledge that, prior to and during the term hereof, each may become aware of confidential, secret or proprietary information pertaining to the other Party and its operations (including, without limitation, information with respect to bidding, pricing, suppliers and customers, or lists thereof, and internal operation, inventory control, data processing, technical data, and other procedures and systems) and that disclosure of such information may materially and adversely affect the other Party. The Parties agree to maintain such confidentiality and secrecy and, except to their agents and employees acting in furtherance of the purposes of this Agreement, not to disclose any such information to any person, firm or other entity, or to utilize the same in any manner or form. This provision will survive this Agreement for a period of two (2) years.
7. Governing Law: This Agreement is made in, governed by, and will be construed solely in accordance with the internal laws of the State of Arizona.
By agreeing to the terms and conditions set forth, this agreement will be considered executed and delivered on the day and year of acceptance.