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Referral Agreement
Referral Partner Agreement The following are the terms and conditions of participating in the Bartenders Association Internationale Referral Partner Program. "Referral Partner" refers to yourself, and "Bartenders Association Internationale" refers to Bartenders Association Internationale located at 409 N Pacific Coast Hwy., Ste. 777, Redondo Beach, CA 90277. Payments and Commissions Bartenders Association Internationale will pay the Referral Partner a 20% commission of each Online Course Sale which is identified by a visitor from Referral Partner's web site using their unique Referral Link. Referral Partner commission shall be paid via PayPal or other payment service provider as determined by Bartenders Association Internationale. It is Referral Partner?s responsibility to keep payment information accurate and current. Referral Partner commission shall be paid approximately every 30 days, approximately 15 days after the prior period. Bartenders Association Internationale reserves the right to modify the payment schedule as long as notice is posted to the Web site. If commission does not exceed $100 for all Referral Partners during prior period, Bartenders Association Internationale reserves the right to hold payment until commissions accumulate to the minimum amount. Although the Referral Partner Program is not limited to the U.S. all payments will be made in U.S. dollars. If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment. All Referral Partners are NOT employees of Bartenders Association Internationale and are responsible for their own local, state, or country taxes. All Referral Partner applications are subject to approval by Bartenders Association Internationale. Both Bartenders Association Internationale and the Referral Partner reserve the right to terminate this agreement at any time. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by the Referral Partner. Referral Link You will be issued a "Referral Link", or unique URL, which allows Bartenders Association Internationale to identify visitors from your site as originating from you. These visitors are tracked with this unique URL and sales are recorded with your Referral Partner ID. To receive commissions, you must use the provided Referral Link. The URL may be in various forms such as a banner, image, or text link. Bartenders Association Internationale reserves all rights in or to its trademarks and servicemarks including but not limited to Certified Wine Expert and Certified Bartender but marks may be used by Referral Partner in accordance with this agreement. Trademarks may not be used to register internet domain names for any purpose. Referral Partner may in no way display a logo, image, or trademark of Bartenders Association Internationale or its associated marks including but not limited to Certified Wine Expert and Certified Bartender which may be distasteful, defame, or misrepresent. Referral Partner shall not misrepresent Bartenders Association Internationale, its products or services. Referral Partner is solely responsible for ensuring that their Referral Partner Link is setup properly to qualify for commissions. Referral Partner agrees to not send unsolicited mail or SPAM mail to promote any of Bartenders Association Internationale products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending commissions. Referral Partner will also be in violation of the Bartenders Association Internationale Referral Partner Agreement and subject to legal action. Prohibited Sites Sites that promote: sexually explicit material or violence do not qualify as an Referral Partner. Sites that promote discrimination based on race, sex, religion, national origin, and physical disability, shall not be accepted. Sites that promote illegal activities shall not be accepted. Do not apply if your site promotes these kinds of activities. By applying, you are stating that your Site does not directly promote or endorse these activities. Term of Agreement This agreement remains in effect until cancelled by either party. Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not cancelled or refunded by the referred Customers. Payment of the final Commission payment to the Referral Partner may be withheld for a reasonable time in order to ensure that the correct amount is paid. Disclaimer Bartenders Association Internationale will make every reasonable effort to track and pay commissions for all sales that apply to Referral Partner. However, Bartenders Association Internationale is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Privacy To protect Bartenders Association Internationale customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and perhaps other data for your records. Independent Contractor The relationship between Bartenders Association Internationale and Referral Partner established by this Agreement is that of independent contractors. Bartenders Association Internationale and Referral Partner shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Referral Partner" shall not be interpreted as a legal partner or Referral Partner, simply as an independent contractor for Bartenders Association Internationale under this agreement. Limitation of Damages Bartenders Association Internationale shall not be held liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Bartenders Association Internationale has been advised of the possibility of such damages. Bartenders Association Internationale aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Bartenders Association Internationale under this agreement. Referral Partner understands that Referral Partner tracking can never be 100% accurate and Bartenders Association Internationale is not responsible for inaccuracies that might occur beyond its control. Tracking of Referral Partner sales depend on several factors which are out of the control of Bartenders Association Internationale. It is the goal of Bartenders Association Internationale to make Referral Partner tracking as accurate as possible, however, Bartenders Association Internationale cannot guarantee 100% tracking for situations beyond its control. Warranty Disclaimer Bartenders Association Internationale makes no warranties expressed or implied with regard to Referral Partner Program except as outlined in this agreement. Governing Law This agreement shall be governed by the laws of the State of California and the United States.