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OMI Partner Referral Agreement 6.1 Page 1
Partner Referral Agreement
PLEASE READ THIS CAREFULLY, BY SIGNING OR
CLICKING “ I ACCEPT” AND SUBMITTING A LEAD
REGISTRATION FORM, YOU ARE AGREEING TO THE
FOLLOWING TERMS AND CONDITIONS (THE
“AGREEMENT”) GOVERNING YOUR PARTICIPATION IN
THE OMI PARTNER REFERRAL PROGRAM (THE
“PROGRAM”).
This Agreement (the “Agreement”) is made between Outsource
Management Inc. (OMI) a Georgia Corporation, and the person
that submits a lead registration form via the OMI website at
www.omi.co (“Partner”). This Agreement is effective as of the
date Partner first submits a lead registration form (the “Effective
Date”). Capitalized terms are defined in Section 1 below.
1. DEFINITIONS.
1.1 “Actively Participate” means a Partner’s
active engagement in the introduction of a qualified lead to OMI
through an in-person meeting, joint sales call, email or telephone
introduction, and includes Partners “continued” support of OMI
throughout the sales process.
1.2 “Compensable Referral” means a qualified
referral that executes an OMI Services Agreement within (6)
months after the referral date.
1.3 “Lead” means a prospective customer for
the Services referred to OMI by Partner, and registered with OMI
by means of a Lead Registration Form pursuant to this Agreement.
1.4 "Qualified Referral" means a lead that at
the time of registration (a) is not in the OMI lead or sales process
or (b) is not already registered by another OMI Partner. The
foregoing notwithstanding, any lead may be designated by OMI as
a Qualified Referral, however may be subject to a reduced Referral
Fee to be mutually agreed to by the Partner and OMI. OMI has
complete and final authority, and sole discretion, to determine if a
lead is a Qualified Referral and its determination will be final,
binding and non-appealable.
1.5 "Referral Date" has the meaning ascribed
to such term in Section 2.3 hereof.
1.6 “Referral Fee” means 20% of the Services
revenue recognized by OMI from the initial contract to be paid
monthly to Partner for (12) months if services contract is signed
within (90) days of the Referral date. If Services contract is signed
after (90) days but within (180) days of referral date Partner will
receive 12% of the Services revenue recognized by OMI for (12)
Months. OMI has complete and final authority, and sole discretion,
to determine the Service Revenue recognized by OMI from the
initial contract of the Service and its determination will be final,
binding and non-appealable. OMI reserves the right to change the
Referral Fee from time to time without notice.
1.7 “Receipt” means that OMI has actually
received a document from the Partner during normal business
hours. If a document is received outside OMI’s normal business
hours, the document will be deemed to be in receipt at 8:00am EST
on the next business day.
1.8 “Services” means OMI then and currently
available services and offerings.
1.9 “Services Agreement” means a written
agreement under which OMI provides its deliverables to a
Qualified Referral.
2. Partner Program Description and Rules.
2.1 Partner can participate in this Program, only
by accepting the terms of this Agreement by submitting a Lead
Registration Form to OMI via the OMI website at www.omi.co
2.2 Leads are registered with OMI only by
completing the online Lead Registration Form and submitting it to
OMI. A Lead Registration Form must be completed for each
specific deployable lead and/or opportunity. For example, if a Lead
has multiple divisions or locations and a Partner is working within
more than one division or location, Partner must list the detail for
multiple divisions or locations defining lead and/or opportunity in
whole. Partner will not receive Referral Fee for subsequent OMI
Service revenue for multiple divisions or locations for additional
OMI Services if not originally defined in Lead and/or Opportunity
detail.
2.3 OMI will have ten (10) business days from
Receipt to review each Lead Registration Form to determine if the
Lead named therein is a Qualified Referral. The date upon which a
Lead registration is accepted by OMI is the “Referral Date”.
2.4 Partner will actively participate in support of
OMI throughout the sales process.
2.5 Upon request, OMI will provide Partner
with detailed status updates regarding Leads and Qualified
Referrals.
2.6 Referral Fee will be paid monthly for (12)
months upon billing commencement to client for OMI Services.
Referral Fees are calculated based on total net revenues from
previous month’s OMI Services Fees to OMI customer and
Referral Fee will be payable to Partner within 15 days of receipt
from OMI customer.
2.7 OMI has complete and final authority, sole
discretion, to administer and interpret the Program.
3. Additional Provisions.
3.1 OMI may modify the Program and/or Lead
Registration Form from time to time. Modifications will be
communicated to Partner via email, mail or online.
3.2 OMI reserves the right in its discretion to
make any changes in the Services Agreements, including pricing,
and to refuse to enter into Services Agreement with any Lead for
lack of credit worthiness or for any other reason at is sole
discretion.
3.3 Each party understands this Agreement is
non–exclusive. Without limiting the generality of the foregoing,
Partner acknowledges that nothing in this Agreement prevents or
limits OMI from marketing and selling its Services or any other
product , in whole or in part, directly or indirectly, to any Leads or