Yes, I want to join Promero’s Referral Program

Promero Affiliate Referral Program Agreement.

As an authorized Promero Referral Agent, I agree to:
All the conditions of this agreement and fully agree to act as a Referral Agent of Promero products and services.

Agent understands that:
In order for Agent to receive payment, Promero must receive contact/account information of the New Customer directly from the Agent via email or phone. New Customer is defined as any entity that has not transacted business with Promero within one year from the “referral date.” Referral date is the date the agent submitted the new customer to Promero. A new Referral Agent is an agent who does not have a current Referral Agent Agreement with Promero. Customers that have contacted Promero directly are not referable and are not subject to any referral payments. Promero reserves the right to reject a submitted referral at its sole discretion.

Term:
The Term of this Agreement shall commence upon execution hereof and shall continue for successive one year periods until terminated. Either party may terminate this Agreement on upon providing 60 days written termination notice to the other party, in which case this Agreement will terminate at the end of such notice period.

Payment:
Commission will be paid to Agent based on Commission Schedule (“Exhibit A”). Agent may not sell accounts to other Agents, subsidiaries or affiliates under this program. Commission for the sale of licenses or services will be paid on the 10th of the month following the executed agreement, receipt of payment in full, final Acceptance from New Customer, and, if needed, the payment by Oracle to Promero. Commission is reported to IRS under a 1099 form.

Invoicing:
Promero bills all new customers via invoice. Acceptable payments are via Bank wires, or check. No cash will be accepted for any payment of any kind.

Marketing:
The Agent will be responsible for all expenses related to marketing of products and services. The Agent will use their best efforts to market and sell the products and services of Promero. Promero reserves the right to review the Agent’s sales and promotion activities to insure that they are consistent with the best interests of Promero.

Agent warranties:
Agent represents and warrants to Promero that it will a) not violate any agreement, policy or ethical requirement by receiving the commission payments pursuant to this Agreement; b) comply with all relevant and applicable laws, decrees, rules and regulations; c) perform its obligations under this Agreement in a professional manner that enhances Promero’s reputation; and d) have the right and authority to provide Promero with salient information relative to each referral.

Assignment:
Agent may not assign this Agreement without the prior express written permission of Promero.

Trademarks:
Agent is not granted any right to use any of Promero’s trademarks in conjunction with the sales and promotions of Promero’s solutions. Promero will determine, in its sole discretion, whether or not to permit such use.

Notes:

• (1) Commission on standard CCA Implementation and Training fees are payable only if the New Customer contracts them directly with Promero.
• (2) The 12% Agent commissions related to the Concurrent Users (CU) Monthly Related Charges shall be payable only on the initial one (1) year term.
• (3) All payments shall be made in U.S. currency.
• (4) If a customer is delinquent in its payments (meaning greater than thirty days from the payment due date), no commission shall be paid on any collected funds.

This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement.
Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf.