1. This agreement is between Referral Agent and it’s officers, if applicable, (hereinafter called Referral Agent) and between REACHING OUR DESTINY DIGITAL NETWORK, INCORPORATED and its officers (hereinafter called REACHING OUR DESTINY).
2. Upon acceptance of the role of a referral agent, the individual or their entity will become an independent Referral Agent of REACHING OUR DESTINY and will assist ROD in the sale of Services / distribution of REACHING OUR DESTINY’s and products / services more particularly set forth herein. Referral Agent is Contracted to perform the following duties:
A. Use his/her own Creative Efforts to Generate Referrals
B. Submit Referrals to REACHING OUR DESTINY
3. Independent Contractor: The Referral Agent understands that s/he is an independent Contractor, not an agent, employee or franchisee of REACHING OUR DESTINY or its affiliates and will not be treated as an employee for any purpose.
4. Commissions due will be paid weekly for Completed Appointments / Inspections that are performed generated from direct involvement of Referral Agent
5. Commissions: The Referral Agent will receive the following commissions which are considered payment in full for their participation. No commissions will be due to any agents not Contracted directly by REACHING OUR DESTINY.
A. Current Rate Described on Advocate Website - $20 for Completed Free Inspections.
6. The Referral Agent is not guaranteed any income, profit or success. The Referral Agent will make commissions only on products, goods and services personally sold by the sales efforts of its team and/or network. The Referral Agent is free to set her/his own hours and determine her/his own locations, within the guidelines of this Agreement.
7. The Referral Agent agrees not to use REACHING OUR DESTINY’s logos (or those of its affiliated companies such as: Home Pros, Healthy Homes Council, Destiny Homes, Pro Solar, ItouchOrlando, Alpha Point, Itest, etc…), trademarks, trade names, literature or any other materials in any type of advertising without the prior written approval of REACHING OUR DESTINY or respective affiliates
8. The Referral Agent will make no statements, claims, representations or warranties respecting REACHING OUR DESTINY's products or those of its suppliers which are not contained in official Company promotional materials. The Referral Agent shall make no false or misleading statements concerning REACHING OUR DESTINY, affiliates or suppliers. Using sales or recruiting materials not produced or approved by REACHING OUR DESTINY or REACHING OUR DESTINY suppliers is a breach of Agreement and may result in termination and end participation in any future commissions.
9. In order to protect against unauthorized promises which cannot be fulfilled, REACHING OUR DESTINY shall have the absolute right, at REACHING OUR DESTINY discretion: (A) to refuse to accept any orders procured through the Referral Agent and to refuse to provide products or services described herein. REACHING OUR DESTINY shall notify the Referral Agent in writing of such refusals or adjustments.
10. REACHING OUR DESTINY Understand that Referral Agent may have an entity of its own. However, when representing REACHING OUR DESTINY Referral Agent shall sell, on behalf of REACHING OUR DESTINY only those products and/or services as approved by REACHING OUR DESTINY.
11. Expenses: The Referral Agent shall be responsible for all expenses incurred by him / her in performance of his / her duties unless otherwise set forth in writing between the parties.
12. Agreement Modifications: This Agreement is upon the agreement of both parties. This Agreement shall not be changed, modified or amended except by in writing signed by a duly authorized officer of each party hereto. REACHING OUR DESTINY agrees to give thirty (30) days’ notice of such intent to modify and Referral Agent agrees to respond within said time frame.
13. REACHING OUR DESTINY may terminate this Agreement for cause upon twenty-four (24) hour notice. For cause shall be defined as a violation of local, state or federal laws or regulations, or for violating any provision of this Agreement.
14. Indemnification: The Referral Agent indemnifies and holds harmless REACHING OUR DESTINY and or its affiliated company relationships, or suppliers from any claims, damages, and expenses including attorney’s fees arising out of my actions or conduct in violation of this Agreement.
15. Prohibition against assignment: Both parties agree, for themselves and on behalf of their successors, heirs, executors, administrators, and any person or persons claiming under them of virtue hereof, that this Agreement and the rights, interests, and benefits hereunder cannot be assigned, transferred, or similar process. Any such attempt to do so, contrary to the terms hereof, shall be null and void and shall relieve either party of any and all obligations or liability hereunder. 6. Binding Arbitration: The undersigned of this Agreement do hereby agree to resolve any disputes or controversy we now have or may have in connection with or rising from this Agreement using binding arbitration. Said arbitration shall be in accordance with the rules and procedures for the American Arbitration for the City of Orlando, Florida state, which rules and procedures for arbitration are incorporated herein by reference and the decision or award by the Arbitrators shall be final, conclusive and binding upon each party and enforceable in a court of law of proper jurisdiction. All costs of arbitration shall be shared equally except that each party shall pay his own legal costs.
16. Severability: If any provision, paragraph, or subparagraph of this Agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Agreement, including any other provision, paragraph is declared to be separable from every other provision, paragraph, and subparagraph and constitutes a separate and distinct covenant.
17. Rights upon termination: Upon the expiration of this Agreement for any reason, with or without cause, the Referral Agent shall be entitled only to accrued commissions on those Appointments in the process of being booked / approved by REACHING OUR DESTINY. Such accrued commissions shall be paid to the Referral Agent within thirty (30) days of REACHING OUR DESTINY's receipt of the applicable invoice amounts. All property of REACHING OUR DESTINY or those of its affiliated companies must be returned before last commissions are released.
18. Binding-effect: This Agreement shall be binding upon, and inure to the benefit of, REACHING OUR DESTINY and REACHING OUR DESTINY successor, assigns, heirs, legal Brokers, executors, and administrators. REACHING OUR DESTINY reserves all rights not expressly granted herein.
19. Written Notice: For purposes of this Agreement, written notice may consist of U.S. mail (return receipt), UPS letter (with tracking number), fax or email (with delivery receipt). The mailing address, fax and email addresses shown herein shall be used for this purpose.
20. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
21. The Referral Agent understands that this Agreement supersedes any and all other Agreements between the parties and is the entire Agreement between REACHING OUR DESTINY and the Referral Agent. No other additional promises, representations, guarantees or agreements of any kind shall be valid unless in writing and signed by REACHING OUR DESTINY and the Sales Broker.
22. Ruling Law: The place of origin of this Agreement is the Florida state and it shall be governed in accordance with Florida laws.
Log in and start sharing.
Refer a friend, family member, neighbor, etc.
Earn $20 cash on every Completed Free Property Damage Inspection that you Refer