SNAPADU REFERRAL PARTNER AGREEMEN
This Referral Partner Agreement (this “Agreement”) is made between SnapADU (“SnapADU”) and NAME (the “Referring Party”), effective as of the date of the last signature set forth below.
SnapADU is in the business of designing and building accessory dwelling units (“ADU” or “ADUs”). Referring Party desires to facilitate the introduction of prospective clients, including homeowners, homebuyers and other referral parties (collectively “Referrals”) to SnapADU for the purpose of building such ADUs.
To participate in the Program, Referring Party should visit snapadu.com/refer and follow the on-screen instructions to direct Referrals to SnapADU by entering their contact information in the relevant fields.
By participating in the Program, a Referring Party represents that they have a Referral’s prior consent to provide their contact information and that SnapADU will reference this introduction during our first communication.
SnapADU shall not be under any obligation to enter into a contract with any such Referral as a result of this agreement.
Upon receiving a Referral from the Referring Party, SnapADU will verify the following information:
- Referral is new and not already in SnapADU’s system, under any email address or alias
- Referral’s property address for the ADU is not associated with another person already in SnapADU’s system who is contemplating an ADU at the same property address as the Referral
SnapADU will immediately notify the Referring Party should the Referral be deemed unqualified on the above criteria.
Lastly, the Referral must ultimately move forward with their ADU build, as evidenced by the Referral paying for the first construction invoice of the build-out of the project.
If SnapADU ultimately builds an ADU or ADUs as a result of a Referral, then SnapADU shall pay the following applicable referral fee(s) (“Referral Fee”):
- A Referral Fee of 1% of the overall contract value for each such ADU that is completed in accordance with and for the duration of this Agreement.
- Referral Fee shall be paid in full within 30 days of the Referral paying for the first construction invoice of the build-out of the project
- Note that construction on a job typically begins within 6-8 months of the client signing an initial Proposal to begin feasibility, design & permitting work on the ADU.
- Referring Party must provide a W9 for payment.
The Referral Fee shall be the sole compensation paid to Referring Party by SnapADU. SnapADU shall have no obligation or liability to the Referring Party for reimbursement for any expenses or any other sums Referring Party incurs. No referral fee shall be due if the job does not progress to the Construction Contract.
In the event that the above-described fees are deemed to be in contravention of any applicable law, they shall be replaced with fees mutually agreed upon by SnapADU and Referring Party, but only to the extent that the payment or receipt of such fees does not violate any state or federal laws or regulations.
The terms of this Agreement shall remain in full force and effect until terminated by either party in accordance with the terms herein. Either party may terminate this Agreement by providing written notice to the other that it is so terminating. Following such termination, SnapADU shall remain responsible for fees payable to the Referring Party with respect to all Referral Fees earned during the term of this Agreement.
Each party shall indemnify the other party with respect to (a) any claims made by a Referral against the other party for any acts or omissions of the first party, including (without limitation) any failure by the first party to disclose to the Referral that it may be paying or receiving compensation to or from the other party, (b) any claims concerning the first party’s false or misleading statements or omissions, (c) any claims arising from the first party’s breach of this Agreement, or (d) any claims arising from the first party’s violation of any exclusive agreement with another third party.
This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between SnapADU and Referring Party. Liability for any federal, state, and local taxes that may apply to referral fees paid are Referring Party’s responsibility. Any required tax reporting forms will be furnished by SnapADU to the Internal Revenue Service.
ENTIRE AGREEMENT & AMENDMENTS
This Agreement contains the entire agreement between the parties with respect to the rights granted and obligations assumed under this Agreement. This Agreement may not be amended or modified except in writing signed by the party against whom enforcement is sought.
If any provision of this Agreement is determined to be invalid or unenforceable, it shall be valid and enforceable to the fullest extent reasonable and the remainder of this Agreement shall not be impaired. A failure of either party to enforce the terms of this Agreement shall not be construed to be a waiver of such provisions or of the right of either party to enforce each and every such provision.
CHOICE OF LAW
This Agreement shall be construed fairly as to both parties and not in favor of or against either party, regardless of which party prepared this Agreement, and enforced under the laws of the state of California, and jurisdiction shall be in San Diego County, California.
IN WITNESS WHEREOF, the parties hereto have executed this Referral Partner Agreement as of the Effective Date.
PO Box 2685
Carlsbad, California 92018