GI REFERRAL PROGRAM AGREEMENT
last updated: 11/15/2007
The following is a legal Agreement between You ("you", "your") and Grayczyk Innovations
(hereinafter, "Grayczyk Innovations" or "GI"). This Agreement governs your participation in
the GI Referral Program (hereinafter, the "Program"). By clicking the sign up button, You
acknowledge that You have read, understand, and agree to be bound by the terms set forth
herein, and to comply with all applicable laws and regulations. If You do not agree to these
terms, you may not participate in the Program.
1. About the Program
1.1. As a member of the Program, you will receive a commission for referring new customers
to Grayczyk Innovations. The commission amount shall be 10% of the total
amount received by GI for the project. No commission shall be paid if (1) a sale is not made,
or (2) the project is cancelled before completion by the customer.
1.2. The program is currently only open to individuals legally authorized to receive payments
in the United States. You may be required to provide proof of such prior to receiving
your first payment. Existing GI customers are welcome to participate in the Program, but only
as an individual.
2. Limitations
2.1. The Program applies to the referral of new customers only. In no event shall a referral
commission be paid for repeat business from a referred customer.
2.2. Conflicts of Interest. The following situations shall be considered conflicts of interest,
and are not eligible for commission payments through the Program:
- if You are an owner, employee, representative, or agent of the entity You are
referring to GI, or otherwise gain or stand to gain financially from such entity.
- if You represent in any way, any entity that is deemed a competitor of GI, as
described in section 2.4.
2.3. Relationship. Membership in the Program does not constitute an establishment of
relationship with Grayczyk Innovations other than the fact that You are a Member of the GI
Referral Program. Membership does not constitute status as an employee, agent, partner,
affiliate or representative of Grayczyk Innovations. You may not tell people that you
represent Grayczyk Innovations in any way when you are referring customers. Misrepresentation
of your status or relationship with GI shall result in the immediate termination of Your
membership in the Program and the forfeiture of any commission payments that may be or become
due to You. It is entirely up to You whether or not You choose to disclose Your membership in
the Program to potential referrals.
Although there is no official establishment of relationship, we are required to file a
1099-MISC for Program Members who receive payments in excess of $600(USD). You are
responsible for paying any applicable taxes.
2.4. Other Unqualified Referrals. Grayczyk Innovations reserves the right to turn down
referrals of the following types:
- Any entity, in the sole determination of GI, that is in any way deemed a competitor
of GI. Such entities include, but are not limited to website design/development firms,
marketing firms, ad agencies, graphic design firms, photographers, videographers, and
commercial printers.
- Nonprofit organizations
3. Referral Procedure
Upon acceptance into the Program, You will receive a Referral ID and become immediately
eligible to receive commission payments. To ensure that You are paid for referring customers
to GI, you may do one or more of the following:
- Leave it to the referral to mention that they were referred by You. The customer may
mention You by name or by Referral ID. However, if the customer does not indicate that
they were referred by You before their project is quoted, You will not receive a
commission for the referral.
- If You do not wish to disclose Your membership in the Program, You may present Your
Referral ID as a Promotion Code or Invitation Code. However, You may not directly state
that You are not a member of the Program, or imply that the customer will receive a
discount of any kind by using Your Referral ID.
- Upon telling someone about GI, to ensure that You are paid, even if the customer does
not mention You or your Referral ID, you may contact us via one of our website contact
forms, and inform us of Your status as a Program member, and the name, location, and
business focus of the entity you are referring.
4. Payments
4.1. You become eligible for a payment upon commencement of a project from a new customer
referred by You. If the customer pays 50% on commencement and 50% on completion, You will be
paid accordingly. In all other cases, You will receive your payment in full upon successful
completion of the project.
4.2. All payments through the Program shall be made online through PayPal. If You do not have
a PayPal account, GI can assist You in setting one up.
4.3. In the unlikely event that it becomes known to GI that more than one Program member has
participated in the referral of a single customer, commission shall be split equally among
all qualified Program members.
4.4. GI reserves the right to disclose to a Referral that they were referred by a Program
member. The purpose of such notification shall be to verify that you qualify for a commission
payment. Such notification shall not take place before the sale is made. Furthermore, such
notification shall in no way be construed as a breach of GI privacy practices, since a Referral
should know who you are in order for you to refer them to GI. In no event shall such disclosure
contain personal information about you other than your name and your status as a Program Member.
5. Intellectual Property
"Grayczyk", "Grayczyk Innovations", "why settle?", the Grayczyk Innovations logo, and the
stylized "GI" logo are trademarks of Grayczyk Innovations and may only be used with the
written permission of Grayczyk Innovations.
6. Termination
This agreement may be terminated at any time by either party. You may terminate Your participation
in the Program simply by not referring new customers to Grayczyk Innovations. After a period of 12
months without any qualifying referrals, your status in the Program and your Referral ID will expire.
You may re-apply, simply by completing the Program sign up form, if the Program is still active.
Grayczyk Innovations reserves the right to cancel the Program at any time. In such event, Program
members will be notified via email.
7. Modifications
You should periodically check this Agreement from time to time, as it may be updated or modified at
any time without notice. Program members may or may not be emailed in the event of any changes.
Your continued participation in the Program shall signify your acceptance to any modifications to
this Agreement.
8. Jurisdiction
It is expressly agreed that any precedings arising out of this agreement shall be settled in a
court or by mediation located in Pasco County, Florida, USA.
9. Severability
If any of the provisions of this Agreement is found by a court of competent juridsiction to be invalid
or unenforceable, the remaining provisions shall not be affected and shall remain in full force and
effect. Failure to enforce any provision of this Agreement shall not be construed as consent to or as
a continuing waiver of this Agreement.
10. Entire Agreement
This constitutes the entire Agreement between You and Grayczyk Innovations with regards to the
Program, and replaces and supercedes any other agreement regarding the Program.
