THIS AGREEMENT IS EFFECTIVE UPON YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, ACCEPT AND AGREE TO ADHERE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
Referral Source may be in contact with a homeowner, business, or other entity with an interest in credit card processing. FullPayment, LLC is in the business of processing credit card transactions. FullPayment has agreed to offer certain referral fees to the Referral Source in exchange for qualified credit card processing leads. Referral Reward payments are paid in the event the lead signs a contract for credit card processing through the FullPayment Gateway.
In consideration of the foregoing, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
- Defined Terms.
- “Countersigned” means a FullPayment Gateway credit card processing contract has been signed with a Qualified Lead in accordance with the requirements of this Agreement, and is subsequently reviewed and signed by an authorized agent of FullPayment and is not subsequently cancelled or terminated.
- “Lead” means all of the following information of the individual or business owner who has expressed an interest to the Referral Source in learning more about the FullPayment Gateway System: the full name, phone number, email address, and a brief description of the business.
- “Qualified Jurisdiction” means certain zip codes within states in which FullPayment offers a turnkey credit card processing service which shall be communicated to the Referral Source from time to time; provided that FullPayment reserves the right to amend the Qualified Jurisdiction without prior notice to the Referral Source.
- “Termination Date” means the one year anniversary of the Effective Date.
- Referrals; Qualified Referral Fee.
- (a) From time to time, the Referral Source may choose to transmit Leads to FullPayment (name, phone number, email address and address of lead).
- (b) FullPayment shall contact the Qualified Lead to set up an in-person meeting or conference call (the “Site Visit”). Subject to the Qualified Lead’s cooperation, FullPayment, through its representative shall determine if (i) the lead is a qualified individual or business owner, (ii) based on the estimated average monthly credit card processing gross provided by the Qualified Lead as evidenced by recent credit card processing statements, the estimated average monthly credit card processing for such individual or business owner is not less than $500.00, (iii) the Qualified Lead satisfies FullPayments’s credit requirements as determined by it in its sole and absolute discretion, and (iv) the FullPayment Gateway System can be installed on the property in accordance with the applicable requirements and guidelines (including those of FullPayment) in effect from time to time. If a Site Visit occurs and clauses (i) and (iv) are determined to be true, the applicable Lead will be a “Qualified Lead”. FullPayment shall notify Referral Source if a Lead does or does not constitute a Qualified Lead within 10 calendar days (the “Qualified Lead Notice”).
- (c) FullPayment shall pay the Referral Source up to $1000.00 in the aggregate for each Qualified Lead in accordance with the payment milestones (the “Payment Milestones”) set forth below. Referral Source is then entered into the annual Grand Prize Giveaway; a weekend getaway in Traverse City, Michigan for two (2).
- Installation completion and final payment received
$1000 payable within 30 days following the receipt of the final payment from the submitted lead.
- (d) If any information regarding a Lead is reasonably determined by FullPayment in its sole discretion as having been previously received by FullPayment from any other source (including from internal FullPayment sales, marketing or lead generation efforts), FullPayment shall have no obligation to take any action with respect to such Lead and such Lead will not be deemed to be a Qualified Lead.
- FullPayment reserves the right to amend the Agreement, its prices, and any aspect of the program in its sole and absolute discretion. Amendments shall be effective 7 days of posting on the Company’s official website. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The acceptance of any benefits under the Agreement constitutes acceptance of all amendments.
- Term; Termination
- (a)This Agreement begins on the Effective Date and terminates on the Termination Date without further action by either Party.
- (b)Either Party may terminate this Agreement at any time and for any reason or no reason upon written notice to the other Party.
- Relationship of Parties; Expenses.
- The Parties shall not be deemed in a relationship of partners or joint venturers by virtue of this Agreement, nor shall any Party be an agent, representative, employee, trustee or fiduciary of the other. Each Party shall be fully responsible for the expenses it incurs during the performance of this Agreement.