This Referral Agreement for Affiliates Program will be effective as soon as you receive a confirmation email. This is an agreement between Fin Expeditions (address), and affiliate listed below. All terms and conditions 1-16 will be binding by law.
1. Purpose. Fin Expeditions is in the business of providing guided kayak eco-tours. Our company is desirous of gaining additional customers to expand our daily revenue as well as giving back to our community. We are actively looking for people in our community to become our affiliates. Affiliate is in a position to refer potential customers to Fin Expeditions with their personal referral code. If new customers use affiliate?s referral code, affiliate will then receive a commission.
2. Referral Arrangement. Upon the Effective Date of this Agreement, Affiliate may, from time to time, refer potential customers to Company. Company will pay Affiliate a fee for these referrals.
3. Compensation. Company shall pay Affiliate 10% for each successful referral, where a successful referral is defined as a referral that becomes a customer of Company. Company shall pay Affiliate 0% for each unsuccessful referral, where an unsuccessful referral is defined as a valid referral candidate that does not become a customer of Fin Expeditions through no fault of Affiliate or Fin Expeditions; and a valid referral candidate is a paid in full customer that meets the specifications stated in Section 1 and 2 above. Company shall pay Affiliate within thirty (30) days of a completed referral, where a completed referral will be the engagement of the new customer or definitive action that the referral will not become a new customer.
4. Term. This Agreement shall commence upon the Effective Date, as stated above, and will continue until termination stated in section 6 or affiliates cancellation.
5. Confidentiality. During the course of this Agreement, it may be necessary for Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Affiliate in order for Affiliate to seek out potential referrals. Affiliate will not share any of this proprietary information at any time. Affiliate also will not use any of this proprietary information for his/her 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.
6. Termination. This Agreement may be terminated at any time by either Party upon effective day written notice to the other party. Upon termination, Fin Expeditions shall pay Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid.
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.
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.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE 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.
10. Disclaimer of Warranties. Affiliate shall refer potential 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).
11. Severability. In the event 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.
12. Waiver. The failure by either party 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.
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.
14. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Agreement.
15. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State of Florida and/or United States in which both Parties do business.
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:
Our tours are run by local guides who are knowledgeable, friendly, and know the area inside and out. Let them take you off the beaten path into places you wouldn’t have discovered on your own…to places where there are no unnatural noises. Just the sound of nature. We are a Quiet expedition (most of the time).