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USourceIT Affiliate Agreement

 

Introduction 

Welcome to the USourceIT Affiliate program. As a USourceIT Affiliate, you help us grow and profit from our success. The following describes the terms under which you agree  to act as a USourceIT Affiliate.

 

Your Responsibilities

You refer business opportunities to us. Tell us as much as you can about the business need or problem, and provide the contact information for the decision maker. We take it from there.

You must keep your profile up to date on this website, so that we can continue to keep in touch with you.

You will perform the role of an affiliate in a responsible and ethical manner.

 

Our Responsibilities

We will follow-up on the lead. We will contact you if we need more information and ask for your involvement if there is a need (influence, expertise, prior knowledge etc.)

We will maintain the status of your referrals on this website, together with a summary of any payments made to you or your designated charity.

In the event that you refer business to us that we are already in the process of pursuing, or which has previously been referred to us, we will inform you promptly, and let you know whether you qualify for a referral fee. If we feel that your contribution to the deal warrants the affiliate payment we will do so, however such decisions will be made by USourceIT in its sole discretion.

 

Agreement


You represent that you are able to form a legal and binding contract and that you are eighteen years old, or older.

USourceIT is under no obligation to act upon any lead that you refer to it.


Under this agreement, you are not a partner, employee or franchisee of USourceIT, and you will not represent yourself as such to any third party.

You agree to source through USourceIT all outsourced projects that result from referrals that you receive from us.


Fees


If we close the business as a result of your referral, we will pay you 30% of all payments for all procurement services that we receive for our Source On-Demand service from that client in the first year of the contract, and 15% in the second year. $20 per wire transfer fees will be deducted should you choose to get paid by wire transfer.
 

Resolution of Disputes

Arbitration of Disputes; Attorney’s Fees and Expenses. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration proceeding shall take place and the arbitration award given in writing in the City of Los Angeles. In the event of litigation or arbitration to interpret or enforce either the provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses associated with the proceeding, including arbitrator compensation and all attorney"s fees and expert witness fees reasonably incurred in such litigation or arbitration. Neither party shall have any liability to the other for any lost profits, lost revenues, incidental or consequential damages, or for punitive damages. USourceIT’s liability shall in no event exceed the actual payments made to the affiliate for the specific contract in that is in dispute for such a claim.
In the event of arbitration, each of the parties shall be entitled to the following pre-hearing discovery, in no particular order:

 

  • Not more than 1 set of California Judicial Counsel Form Interrogatories, standard or economic form;
  • Not more than 20 special interrogatories which may be tendered in one or more sets;
  • Not more than three depositions per party (excluding experts);
  • Not more than 1 Demand for production and inspection, limited to 20 requests; and
  • A deposition of any expert witness designated by the other party to testify at the arbitration.

The form, interpretation, and scope of such discovery shall be consistent with the provisions of the California Codes of Civil Procedure and Evidence applicable to civil cases. The arbitrator may shorten or extend the time for response to any discovery upon application on good cause by either party. All disputes arising from discovery which the parties are unable to resolve themselves shall be submitted to the arbitrator, who may, in his or her discretion, award sanctions against any party in the same manner as provided by the California Code of Civil Procedure.

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