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Referral Partner Policy
Referral Partner Policy
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Written by Amplifier
Updated over a week ago

Every Amplifier account (both Client and Supplier) is automatically added to our Referral program as a Referral Partner, subject to the terms of this Referral Agreement.

You may find your referral link and ongoing reporting here:
https://my.amplifier.com/account/referrals

QUALIFIED REFERRALS

Referral Partner may introduce potential clients to Amplifier via the manner prescribed from time to time by Amplifier.

For each qualified Client referred by Referral Partner, Amplifier agrees to share 20% of Subscription Fee revenues derived from and paid by Client. Usage fees are not eligible for the Referral Program.

Generally, to qualify, Referred Clients must not have an existing relationship with Amplifier or have been referred by anyone else prior, and must begin using Amplifier services within six months of the introduction.

Any disputes related to Referral Partner referrals meeting or not meeting the requirements to be Qualified Referral Clients will be resolved at the sole discretion of Amplifier, and such resolution will be final and binding and may not be appealed or disputed in any other forum.

FEES FOR SERVICES

Per Amplifier Terms, Amplifier may change its pricing and policies at any time. Pricing is available here: https://amplifier.com/pricing.

PAYMENT OF FEES AND REPORTING

On a quarterly basis, within 60 days of the last day of the Amplifier fiscal quarter in which payment for referred Client Percent Fees are collected, Amplifier shall remit to Referral Partner any accumulated Referral Fees, along with a summary of said fees. Amplifier fiscal quarters end on December 31, March 31, June 30, and September 30.

TERM

Either Party may terminate this referral relationship at any time, with or without cause and without further obligation to the other party except for payment of Referral Fees for referrals of Qualified Referral Clients made prior to the effective date of termination and any other express surviving provisions hereof. Amplifier may terminate this referral relationship without notice if in its sole discretion it determines that Referral Partner has breached the terms and conditions of this Referral Partner Policy. Referral Partner forfeits any accumulated revenue-share earnings if Referral Agreement is terminated due to this cause.

CONFIDENTIALITY

Referral Partner recognizes and acknowledges that Amplifier possesses certain confidential information that constitutes a valuable, special, and unique asset. As used herein, the term "confidential information" includes all information and materials belonging to, used by, or in the possession of Amplifier relating to its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective clients, marketing plans, and trade secrets of every kind and character, but shall not include (a) information that was already within the public domain at the time the information is acquired by Referral Partner, or (b) information that subsequently becomes public through no act or omission of the Referral Partner. Referral Partner agrees that all of the confidential information is and shall continue to be the exclusive property of the Amplifier, whether or not prepared in whole or in part by Referral Partner and whether or not disclosed to or entrusted to Referral Partner's custody. Referral Partner agrees that Referral Partner shall not, at any time following the execution of this Referral Agreement, use or disclose in any manner any confidential information of the Amplifier. The foregoing provisions shall survive the termination of this Referral Agreement

NO CONTINUING ROLE OR AGENCY; INDEMNITY

Neither Party shall have authority to make any statements, representations or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.

Referral Partner shall have no continuing role or part of the negotiations or relationship between any Qualified Referral Clients and Amplifier, and Referral Partner is not now, nor shall it ever be, an agent of Amplifier, unless agreed to otherwise in a separate written agreement.  

Referral Partner specifically warrants and represents that it shall not represent itself as an agent of Amplifier and agrees to indemnify Amplifier for any liability, fees (including attorney’s fees), costs or expenses, or settlements which Amplifier incurs as a result of any misrepresentation to third parties by Referral Partner. It is further understood that Referral Partner is acting only as a finder for Amplifier and shall have no authority to (a) enter into any commitments on Amplifier’s behalf, (b) negotiate the terms of any contract or Services for Amplifier, or (c) hold or transact any funds in connection with any Services. The foregoing provisions shall survive the termination of this Referral Agreement.

LIMITATION OF LIABILITY

Amplifier will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Referral Agreement or the Program, even if we have been advised of the possibility of such damages. Further, aggregate liability arising with respect to this Referral Agreement and the Program will not exceed the total Referral Fees paid or payable to the Referral Partner under to this Referral Agreement. In no event shall Amplifier be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of shipments, loss of profits, revenue, data or use, incurred by Referral Partner or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Amplifier Website, Services, any content, or any third-party websites and content.

DISCLAIMERS

Amplifier makes no express or implied warranties or representations with respect to the Referral Program or an Referrer's potential to earn income from the Referral Program. In addition, we make no representation that the operation of the websites, Services, or any Referral Partner links will be uninterrupted or error-free, and Amplifier will not be liable for the consequences of any interruptions or errors. Amplifier reserves the right to reject a referral in case we consider it non-qualified, and will notify the Referral Partner by email.

MISCELLANEOUS

Governing law. This Referral Agreement and the relationship between Referral Partner and Amplifier shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. All disputes arising out of or relating to this Agreement may only be brought in the state or federal courts located in Travis County, Texas, and the parties hereby agree and submit to the personal and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Amplifier may seek injunctive or other equitable relief to protect Amplifier’s intellectual property rights in any court of competent jurisdiction.

Headings. The section headings in this Referral Agreement are for convenience only and have no legal or contractual effect, and shall not be interpretive of the content of such section.

Waiver. Failure or delay of Amplifier to exercise a right or power under this Referral Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.

Entire Agreement and Modifications to the Terms and Policies. This Referral Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties. Amplifier shall have complete discretion over the features, functions, prices and other terms and conditions on which the Services are offered. At any time, Amplifier may change its Terms and any applicable Policies by posting updates to Amplifier.com.

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