FrontSpin Referral Program Terms of Service
(Date Last Modified: June 21st 2023)
THIS FrontSpin REFERRAL AND AFFILIATE TERMS OF SERVICE (“TERMS”), ARE A LEGAL CONTRACT (“AGREEMENT”) BETWEEN PERSONS OR ENTITIES REGISTERING FOR A REFERRAL OR AFFILIATE ACCOUNT (“REFERRER’”) IN ORDER TO REFER THE SERVICES AND PRODUCTS PROVIDED BY TalkCycle LLC dba FrontSpin AT THE WEBSITE WWW.FRONTSPIN.COM (“SITE”) AND TalkCycle LLC dba FrontSpin THE OWNER OF THE FrontSpin PRODUCTS AND SERVICES, (“FrontSpin”). THE TERMS SET FORTH THE TERMS AND CONDITIONS UNDER WHICH REFERRER IS PERMITTED TO REFER SERVICES THROUGH, OUR REFERRAL AND AFFILIATE PROGRAM, FOR THEMSELVES OR ON BEHALF OF AN ENTITY THEY ARE AUTHORIZED TO REPRESENT, FOR AN ACCOUNT IN ORDER TO USE THE SERVICES. IF YOU ARE REGISTERING FOR AN ACCOUNT ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT TO FrontSpin THAT YOU HAVE THE ACTUAL AUTHORITY TO BIND SUCH ENTITY TO THE AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT REGISTER FOR AN ACCOUNT. BY REGISTERING FOR AN ACCOUNT, YOU ARE IRREVOCABLY AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
FrontSpin RESERVES THE RIGHT TO CHANGE, UPDATE, OR ADD OR REMOVE PROVISIONS OF THESE TERMS, AT ANY TIME BY POSTING THE UPDATED TERMS ON THE SITE. THE DATE OF THE MOST RECENT CHANGES IS POSTED AT THE TOP OF THIS PAGE. REFEREES ARE ENCOURAGED TO REVIEW THE TERMS REGULARLY FOR CHANGES. ANY UPDATES THAT ARE MADE DURING REFERER’S SERVICE TERM WILL TAKE EFFECT UPON RENEWAL OF THAT SERVICE TERM.
RECITALS
WHEREAS, FrontSpin is in the business of producing and supplying Sales Communication & Power Dialer Software (as further defined below, “Services”) and desires to obtain leads from Referrer; and
WHEREAS, Referrer desires to refer business to FrontSpin under the terms and conditions of this Agreement.
NOW THEREFORE, in consideration for the mutual covenants and promises made herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Submitting referrals. Referrer will submit referrals directly through email to info@frontspin.com or provide the FrontSpin Referral Link provided to Referrer to Referee to visit the FrontSpin website and submit their details . Once an individual or company is referred (“Referee”) to FrontSpin, a FrontSpin consultative sales representative will contact the referee in order to understand their business needs, educate them on FrontSpin’s suite of solutions, and if it’s a good fit, suggest the FrontSpin software for their business. Be assured, we know your reputation and ours depends on the quality of our approach and services.
2. “FrontSpin” means TalkCylce, LLC DBA FrontSpin.
3. Services. Services are defined by the Terms of Services posted on the FrontSpin website http://www.frontspin.com/terms-of-service/.
4. “Referrer” means an individual or a company that provides the information to FrontSpin, of a potential new FrontSpin customer. The Referrer is an independent contractor. Referrer is not an agent, affiliate, employee, joint venture or partner of FrontSpin. Referrer cannot make representations beyond representations located at www.frontspin.com.
5. “Referee” means the individual or company referred to FrontSpin by the Referrer that becomes a FrontSpin customer.
6. The FrontSpin Referral Program and Referral Fee is valid only for new referrals on new service activations for customers that have not subscribed to any FrontSpin service within the last year. Individuals or companies previously submitted to FrontSpin and/or are engaged in conversations with a FrontSpin representative, do not qualify. Offer cannot be combined with any other offers. The Referrer cannot be an owner, employee, or agent of the Referee. The Referrer cannot be an owner, employee or agent of an organization with which FrontSpin has an affiliate agreement. The Referrer cannot resell FrontSpin services.
7. Misuse of the FrontSpin Referral Agreement may result in the disconnection of FrontSpin service and forfeit of the offer(s) and immediate termination of this agreement with no tail payments as detailed in Section 14 below.
8. This Referral Agreement is subject to the FrontSpin Terms and Conditions of service as posted and periodically updated on the FrontSpin website at http://www.frontspin.com/terms-of-service/.
9. Term and Termination. This agreement shall have an initial term of one (1) year and will renew for additional terms of one year. This agreement may be terminated by either party with a 30-day notice to the other party, unless terminated under section 7 above.
10. Any customer that becomes a customer of FrontSpin by being referred to the service is a customer of FrontSpin for the services procured from FrontSpin.
11. Payment. Payment for business referrals is made by issuing a check payable to the Referrer. Payment will be issued within 30 days of cash receipt from customer. Payment will not occur until the referred customer has activated the Services and has paid their bill for the first billing period. The referred customer must be in good standing for 30 days at the time payment is issued. Payment will be forfeited if the Referrer’s W-9 is not provided to FrontSpin within 90 days of the order date of the referral or if the date of Services activation has not occurred within 180 days. The referral amount paid per Qualifying Referee will be according to the Referral Fee.
12. Referral Fee.
Net Collected Cash. Referrer earns Referral Fee on net collected cash by FrontSpin. Referral Fees are calculated by multiplying the amount of cash received by FrontSpin in each month by the applicable Referral Fee percentage.
Referral Fee Percentage. FrontSpin will pay to Referrer a Referral Fee Percentage of 15% for up to 2 years of the net collected cash by each such customer. Thet Referrer will continue to receive a Referral Fee for up the term of the Customer Agreement with FrontSpin but not to exceed 2 years; provided that the Customer does not terminate the Service as a result of non-payment. Upon such termination, Referrer shall forfeit rights and interest in any future Referral Fees that Referrer would otherwise have earned after such termination date for such Customer. No Referral Fee will be due beyond 2 years.
13. Non Standard Discounts. In the event that Services or Enhanced Support are purchased by a Customer for less than FrontSpin’s then-current suggested list price, the Referral Fee payable for the associated Services shall be calculated based on the discount pricing agreed to by Customer and FrontSpin.
14. Referral Fee Upon Termination or Expiration of this Agreement or Referral Agreement Cancellation. In the event that FrontSpin (i) terminates this Agreement for non-performance under Section 8, (ii) declines to renew this Agreement or (iii) cancels the FrontSpin Referral Program, then FrontSpin agrees to pay to Referrer any commission earned and/or due to Referrer from FrontSpin as of the effective date of such termination, expiration or program cancellation, in accordance with this Agreement, for a period of six (6) months from the date that FrontSpin terminates or declines to renew this Agreement or cancels the FrontSpin Referral Program. In the event that this Agreement is terminated or expires for any other reason, FrontSpin shall, as of the date of such termination or expiration, have no obligation to pay Referrer any further Referral Fee.
15. Warranty. FrontSpin makes no express or implied warranties or representations with respect to the agreement or any services or products that may be involved at any time with this agreement. FrontSpin disclaims warranties (including, without limitation), fitness for a particular purpose, title, merchantability, or any implied warranties arising out of a course of performance or usage. FrontSpin makes no representation that the operation of FrontSpin’s website or service and products will be uninterrupted or error-free. FrontSpin is not responsible nor liable for punitive or consequential damages. Any products or services of FrontSpin are not to be used in medical or other circumstances where failure or interruption could cause injury or death.
16. Governing Law. The governing law for this agreement is Arizona, and any litigation will be in Maricopa County, Arizona.
17. Entire Agreement. This Agreement represents and incorporates the entire understanding of the parties hereto with respect to the matters herein, and supersedes, terminates and otherwise renders null and void any and all prior written and/or oral agreements between Referrer and FrontSpin with respect to the matters herein expressly set forth. This Agreement may be modified only by a written instrument signed by the parties to this Agreement, which instrument makes specific reference to this Agreement and the changes to be made hereto. A term or provision of this Agreement may be waived only with the written consent of the parties, and the waiver of any particular breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.