Referral Partner Agreement

This Referral Agreement (hereinafter referred to as the “Agreement” ) is entered into

as of  by _________________

and between _______________,

with a mailing address of  ______________________________________

(hereinafter referred to as the “Company”) and ______________________________,

with a mailing address of _______________________________________

(hereinafter referred to as the “Affiliate”), collectively referred to as the “Parties”,

both of whom agree to be bound by this Contract.

 

1. Purpose. The Company is in the business of performing live music for special events, weddings, corporate events & the like.

The Company is looking to gain additional clients and the Affiliate is in a position to

refer these potential clients to the Company.

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2. Referral Arrangement. Upon the execution of this Agreement, the Affiliate may,

from time to time, refer potential clients to the Company. The Company will pay the

Affiliate a fee for these referrals.

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3. Compensation. The Company shall pay the Affiliate commissions for each

successful referral. A successful referral is described as such:

After both the affiliate's referred client & the Company signs THE NASHVILLE BAND PERFORMANCE CONTRACT and the affiliate's referred client has made their first 50% deposit according to THE NASHVILLE BAND PERFORMANCE CONTRACT. 

You can find a copy of THE NASHVILLE BAND PERFORMANCE CONTRACT by copying and pasting the below url into your browser or by clicking here. 

https://www.honeybook.com/app/templates_editor/agreement/60f1f580304f65002a295efd

 

Performance Packages.  THE NASHVILLE BAND offers 3 different performance packages categorized as Silver, Gold & Diamond. Each category varies in cost & number of band members. The three packages are priced as follows:

Silver: $15,000

Gold: $25,000

Diamond: $35,000

The Affiliate will receive compensation within thirty days of a completed successful referral. A completed successful referral is described as such:

After both the affiliate's referral & the Company signs THE NASHVILLE BAND PERFORMANCE CONTRACT and the affiliate's referral has made their first 50% deposit according to THE NASHVILLE BAND PERFORMANCE CONTRACT. 

The only exception would be in the case that the Company issues the Affiliate's referral a coupon, decreasing the full price by the amount stated on the coupon. In which case the affiliate will be compensated according to the discounted rate. A valid coupon will be issued to the Affiliate's referral's email address and from the Company's email address: info@thenashvilleband.com. 

Here is the breakdown of an Affiliate's commission per performance package when a referral becomes a successful referral:

Silver: 10% commission

Gold: 10% commission

Diamond: 10% commission

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The Company shall pay the Affiliate $0.00 for each unsuccessful referral.

An unsuccessful referral is described as such:

(a) If the affiliate's referral (client) does not sign THE NASHVILLE BAND PERFORMANCE CONTRACT nor has made their first 50% deposit according to THE NASHVILLE BAND PERFORMANCE CONTRACT. (b) If the affiliate's referral (client) does sign THE NASHVILLE BAND PERFORMANCE CONTRACT but does not pay the 50% deposit within 14 days of the signed agreement, THE NASHVILLE BAND PERFORMANCE CONTRACT becomes invalid and no commission will be paid to the affiliate. (c) If both the affiliate's referral (client) and the Company does not sign THE NASHVILLE BAND PERFORMANCE CONTRACT but does pay the 50% deposit within 14 days of the signed agreement, THE NASHVILLE BAND PERFORMANCE CONTRACT becomes invalid and no commission will be paid to the affiliate.

You can find a copy of THE NASHVILLE BAND PERFORMANCE CONTRACT by copying & pasting the below url into your browser or by clicking here.

https://www.honeybook.com/app/templates_editor/agreement/60f1f580304f65002a295efd

 

4. Term. This Agreement shall commence upon _______________, as

stated above, and will continue until ___________________.

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5. Confidentiality. During the course of this Agreement, it may be necessary for the

Company to share proprietary information, including trade secrets, industry

knowledge, and other confidential information, to the Affiliate in order for the

Affiliate to seek out potential referrals. The Affiliate will not share any of this

proprietary information at any time. The Affiliate also will not use any of this

proprietary information for their personal benefit at any time. This section remains in

full force and effect even after termination of the Agreement by it’s natural

termination or the early termination by either party.

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6. Termination. This Agreement may be terminated at any time by either Party upon fourteen

days written notice to the other party. Upon termination, the Company shall

pay to the Affiliate all compensation due and owing for referrals made prior to the

date of termination that was not yet paid.

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7. Representations and Warranties. Both Parties represent that they are fully

authorized to enter into this Agreement. The performance and obligations of either

Party will not violate or infringe upon the rights of any third-party or violate any other

agreement between the Parties, individually, and any other person, organization, or

business or any law or governmental regulation.

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8. Indemnity. The Parties each agree to indemnify and hold harmless the other Party,

its respective affiliates, officers, agents, employees, and permitted successors and

assigns against any and all claims, losses, damages, liabilities, penalties, punitive

damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever,

which result from the negligence of or breach of this Agreement by the indemnifying

party, its respective successors and assigns that occurs in connection with this

Agreement. This section remains in full force and effect even after termination of the

Agreement by its natural termination or the early termination by either party.

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9. Limitation of Liability. Under no circumstances shall either Party be liable to the

other Party or any Third Party for any damages resulting from any part of this

agreement such as, but not limited to, loss of revenue or anticipated profit or lost business,

costs of delay or failure of delivery, which are not related to or the direct result of a Party’s

negligence or breach.

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10. Disclaimer of Warranties. Affiliate shall refer potential clients/customers as

requested by Company. Affiliate does not represent or warrant that such referrals will

create any additional profits, sales, exposure, brand recognition, or the like. Affiliate

has no responsibility to company if the referrals do not lead to company’s desired

result(s).

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11. Severability. In the event that any provision of this Agreement is deemed invalid

or unenforceable, in whole or in part, that part shall be severed from the remainder of

the Agreement and all other provisions should continue in full force and effect as valid

and enforceable.

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12. Waiver. The failure by either of the Parties to exercise any right, power or

privilege under the terms of this Agreement will not be construed as a waiver of any

subsequent or further exercise of that right, power or privilege or the exercise of any

other right, power or privilege.

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13. Legal Fees. In the event of a dispute resulting in legal action, the successful party

will be entitled to its legal fees, including, but not limited to its attorneys’ fees,

collection fees and the like.

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14. Legal and Binding Agreement. This Agreement is legal and binding between the

Parties as stated above. The Parties each represent that they have the authority to enter

into this Agreement.

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15. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be

governed by Tennessee law. 

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16. Entire Agreement. The Parties acknowledge and agree that this Agreement

represents the entire agreement between the Parties. In the event that the Parties desire

to change, add, or otherwise modify any terms, they shall do so in writing to be signed

by both parties.

The Parties agree to the terms and conditions set forth above as demonstrated by their

signatures as follows: