Referral Agreement

 

PARTIES

  • This Referral Agreement (hereinafter referred to as the “Agreement”) is entered into on the current day the Referrerentered information data into our Referral Form on the roofsbyedge.com website, this agreement is between the Referrerand Edge Roofing LLC, with an office address of 1203 S Chestatee, Dahlonega, GA 30533 (hereinafter referred to as the “Seller”) (collectively referred to as the “Parties”).
  • The Seller is in the business of building exterior and structure contractors.
  • The Referrer has contacts with friends, family, and acquaintances  (hereinafter referred to as, and collectively referred to as the “Referee”) and has agreed to act as an intermediary finder of clients for the Seller and his/her services.

TERM

  • This Agreementis effective (hereinafter referred to as the “Effective Submission”) at the time the Referrerfills out and submits the Referral Form. This Agreement will end after payment is sent via mail from the Seller or handed to the Referrer by the Seller.
  • Upon the end of the term of the Agreement, this Agreement will not be automatically renewed for a new term. However, the Referrercan manually enter into a new Agreement once they submit another Referral Formfor a new referral, repeating the cycle as many times as the Referrerdesires for every new referral.

TERMINATION

  • This Agreement may be terminated in case the following occurs: Referee does not proceed into a job with the Seller.
  • This Agreement may be terminated in case the following occurs: Referee does not pay the Sellerfor the completed job.
  • Immediately in case one of the Parties breaches this Agreement.
  • At any given time by providing a written notice to the other party. The Referrer must deliver the notice by hand to the Seller, at the office (1203 S Chestatee, Dahlonega, GA 30533) within 30 days prior to terminating the Agreement.

RELATIONSHIP BETWEEN PARTIES 

  • Hereby, the Parties agree that the Referrer in this Agreement is an independent contractor where the Referrer provides the services hereunder and acts as an independent contractor. 
  • Under no circumstances shall the Referrer be considered an employee.
  • Whereas, this Agreement does not create any other partnership between the Parties.

PAYMENT AND FEES

  • The Parties agree that the Referee’s job must meet Edge Roofing’s qualified repair requirement or our full roof replacement requirement, for the Referrer to receive the $250 referral check.
  • The Parties agree that the means of payment will be via check sent to the Referrer’s address provided in the Referral Form or the Referrer can pick up the check at the Seller’s office 1203 S Chestatee, Dahlonega, GA 30533.

CONFIDENTIALITY

  • All termsand conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential by the Referrer, unless the disclosure is required pursuant to the process of law. 
  • The Referrer will not be entitled to use any information provided to him/her even after the conclusion of the Agreement and for any period of their lifetime. 
  • Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Seller.
  • This section will remain in force regardless of the fact in case the Agreement is terminated.
  • The Referrer is not to use the Seller’s information for advertisements or any other promotional activity without the Seller’s written consent. 
  • The Referrer is not to use any intellectual property provided to him/her by the Seller without the written consent of the Seller. 

LIMITATION OF LIABILITY

  • Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in case such is not related to the direct result of one party’s negligence or breach.

INDEMNITY

  • The Parties agree not to indemnify and hold one another harmless. This also applies to their affiliates, agents, officers, employees, and/or successors. The Parties in this Agreement hereby in addition agree to assign against all (if any) claims, liabilities, damages, losses, penalties, punitive damages, expenses, any reasonable legal fees and/or costs of any kind or any amount that may arise. This includes but is not limited to, any amount that may result from the negligence of or the breach of this Agreement by the party that is indemnified, its successors, and assigns that occurs in terms of this Agreement. 
  • This section will remain in full force and tact as well as effect even upon the termination of the Agreement naturally or the early termination by either of the Parties.

DISPUTE RESOLUTION

Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be first verbally negotiated between the Parties. If no agreement is achieved, then a second negotiation meeting will include the Partieswith their church elders and/or a third-party authority (excluding lawyers). If still no agreement is achieved then the Parties can settle in court (Arbitration/mediation/negotiation) in accordance with, and subject to the laws of Georgia, USA.

GOVERNING LAW

  • This Agreementshall be governed by and construed in accordance with the laws of The United States, the state of Georgia, and Lumpkin County.

SEVERABILITY

  • In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced in accordance with the Parties’ intention.

ENTIRE AGREEMENT

  • This Agreementcontains the entire Agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

AMENDMENTS

  • The Parties agree that any amendments made to this Agreement must be in writing where they must be signed by both Parties to this Agreement. 
  • As such, any amendments made by the Parties will be applied to this Agreement.

SIGNATURE AND DATE

  • The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by the Referrer filling out the Referral Form and submitting it.