Design by Ching Partner Referral Program Agreement
PARTIES
This Referral Agreement (hereinafter referred to as the “Agreement”) is entered into on the date of acceptance (the “Effective Date”), by and between the Referrer, an independent individual/entity, and Design by Ching, a creative design services provider.
ACCEPTANCE
By checking the acceptance box or clicking the 'Agree' button (through DBC Partner Referral Program: Sign Up Form) you indicate your agreement to the terms and conditions outlined in this Agreement.
BUSINESS DESCRIPTION
Design by Ching specializes in offering creative design services.
The Referrer, acknowledging Design by Ching's expertise, agrees to act as an intermediary finder of clients for Design by Ching and their creative design services.
TERM
This Agreement is effective upon acceptance and will continue until terminated by either party by providing a written notice.
RELATIONSHIP BETWEEN PARTIES
The Parties agree that the Referrer is an independent contractor providing referral services under this Agreement. The Agreement does not establish an employer-employee relationship or any partnership between the Parties.
PAYMENT AND FEES
The Referrer will receive a substantial 10% commission solely for the successful completion of the first referred project unless otherwise agreed under a new agreement. Subsequent and ongoing projects from the same referred client will not entail any additional commission for the Referrer. Payment details and frequency of payment will be specified as per Design by Ching’s standard practices.
CONFIDENTIALITY
The Referrer agrees to keep all terms, materials, and information confidential unless disclosure is required by law.
The Referrer shall not use any disclosed information for any purpose beyond the scope of this Agreement without Design by Ching’s written consent.
LIMITATION OF LIABILITY
Neither party will be liable for indirect, special, or consequential damages unless directly caused by one party’s negligence or breach.
INDEMNITY
The Parties agree to indemnify and hold each other harmless from any claims, liabilities, or expenses arising from this Agreement.
DISPUTE RESOLUTION
Should any disputes arise, we aim to resolve them amicably through mediation in accordance with the laws of New South Wales, Australia.
GOVERNING LAW
This Agreement shall be governed and interpreted in accordance with the laws of New South Wales, Australia. Any disputes related to this Agreement are to be settled by the courts having jurisdiction in New South Wales.
We reserve the right to initiate legal actions against you for violating these Terms and Conditions, either in your country of residence or any other suitable country or jurisdiction.
SEVERABILITY
If any provision of this Agreement is found void, the remaining provisions will remain enforceable.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements.
CONTACT INFORMATION
Should you have any questions or reservations regarding these Terms, please reach out to us at mike@designbyching.com.