Referral Agreement
REFERRAL AGREEMENT
June 7, 2023
This Referral Agreement is made between LLC “WORKSECTION” (43951196) (hereinafter referred to as “Company”) and a user (an individual or a legal entity or individual entrepreneur or self-employed person (except stateless persons and individuals under 18 years of age)) (hereinafter referred to as “Referral Partner”), collectively referred to as “Parties”, and individually as “Party”, who have entered into this Agreement for the following:
The Referral Agreement is considered concluded from the moment of placing a mark (“tick”) in the field (checkbox): “You confirm your agreement with the terms of the Worksection Referral Program” and click the “Join” button and is valid until the Parties have fully performed their obligations.
1. Terminology
1.1. “Referral Partner” — a user who registered on the website https://worksection.com (hereinafter referred to as “Company’s website”), gained access to the Partner’s cabinet, expressed the intention to become a participant in the referral program, concluded the Agreement, and received a personal referral link.
A user who has entered into another type of partnership agreement with the Company, has obtained the status of an Integrator or Reseller cannot become a Referral Partner.
1.2. “Referral” — is a legal entity or an individual who, by following the Referral Partner’s Referral link, becomes a client of the Company and, based on separate agreements with the Company, purchases the Service.
1.3. “Referral Program” — is a set of software and marketing components by means of which the fulfilment of the obligations of the Referral Partner under the Agreement is recorded and the further payment of compensation to the Referral Partner is made.
1.4. “Referral Link” — is a link with a unique identifier, which is issued to the Referral Partner, leads to the Company’s website, and by which the Referral Partner’s affiliation with the Referral Partner is tracked.
1.5. “Referral Partner’s Cabinet” — a separate page on the Company’s website, through an interactive interface of which the Referral Partner receives information and statistics on the accrual and payment of rewards, as well as current data on the projects of Referrals connected under their Referral Link.
1.6. “Service” is a software product called Worksection, which is available for use as a service over the Internet.
1.7. “Payment for the Service” refers to the deduction of a specified amount from the Referral’s account for the use of the functional capabilities of the Service. Services related to the technical support of the Service are not subject to such payments and do not lead to the accrual of a reward to the Referral partner.
1.8. “Electronic correspondence between Parties” refers to the sending of electronic messages and/or documents (files) in electronic form from one Party to another Party in cases provided for in the Agreement, which is carried out through the designated email addresses (e‑mail) of the Parties and/or through the interface and functional capabilities of the Referral Partner’s Personal account.
2. Terms and Conditions
2.1. Under this Agreement, the Referral partner, on his own behalf and at his own expense but in the interests of the Company, takes actions aimed at finding and attracting Referrals for further cooperation of Referrals with the Company, and the Company undertakes to pay the Referral partner a reward in the amount and manner provided for by this Agreement.
2.2. The Referral partner is not the owner of the Service but performs only an intermediary function as an agent between the Company and Referrals.
2.3. The Referral partner may carry out activities and represent himself in relations with third parties only as a Referral partner of the Company.
3. Rights and obligations of the parties
3.1. Obligations of the Referral Partner:
3.1.1. The referral partner undertakes to comply with the legislation of the country of his residence and/or registration in his commercial activities.
3.1.2. In case of claims from third parties to the Company related to the activities of the referral partner, the referral partner undertakes to independently and at his own expense settle the claims of such persons.
3.1.3. In case of identifying situations or persons who violate the legitimate rights of the Company or who engage in activities aimed at harming the interests of the Company, the referral partner must inform the Company and cooperate to protect the Company.
3.1.4. Attract referrals.
At the same time, the referral partner cannot attract as a referral:
At the same time, the referral partner cannot attract as a referral:
- a client who is already cooperating with the Company, and any of his current (active) paid Accounts;
- a client who already works with the Company has received the status of an Integrator or Reseller.The Company has the right not to pay the referral partner the amount of his due reward for violating this clause and to terminate the Agreement unilaterally.
3.1.5. The referral partner undertakes not to take any actions that affect the operation of the referral program and the Company’s Service. Such actions include attempts to technically influence the performance of the Company’s Service servers, attempts to hack security mechanisms, use of viruses, Trojans, and other harmful programs for any purposes, use of DDoS attacks, spam, etc.
3.1.6. The referral partner is obliged to act conscientiously and exclusively for the benefit of the Company, and under no circumstances to violate the obligations imposed on him by this Agreement.
3.2. The referral partner has the right to:
3.2.1. Search for Referrals, inform potential Referrals about the Company’s field of activity and the Service provided by the Company.
3.2.2. Introduce Referrals to the Company’s website by providing their referral link.
3.2.3. Contribute to increasing the level of trust of potential customers in the Company and its Service by providing truthful and complete information about the Company and the Service.
3.2.4. Receive a reward from the Company according to the terms of this Agreement.
3.2.5. The Referral Partner has other rights provided by the provisions of this Agreement and the applicable law of the country where the Company is registered.
3.2.6. The Referral Partner has the right to have only one account (Personal account of the Referral Partner) placed on the Company’s website.
3.3. The Referral Partner is prohibited from:
3.3.1. Engaging in activities that contradict the legislation of the country of residence and/or registration of the Referral Partner, as well as the legislation of the country where the Company is registered.
3.3.2. Being a partner of another Company’s program at the same time. The Company verifies the Referral Partner and in case of violation of this provision of the Agreement, it has the right not to pay the Referral Partner the amount of the reward due to him/her, as well as to unilaterally terminate the Agreement.
3.3.3. Using a referral link in paid advertising or advertising that involves receiving other types of rewards without prior agreement with the Company.
3.3.4. Using keywords Worksection, Ворксекшин, and all similar combinations of words in contextual and/or any other advertising without obtaining prior consent from the Company.
3.3.5. Using “self-referral” — paying for their account (personal account) in the Company’s Service using their own referral link, or creating multiple accounts, affiliating a secondary account(s) with the main one, with the main goal of receiving compensation for expenses.
Including making payments for a referral link from one IP address (under “one IP address” means a situation where two or more users have ever used the Service from one IP address). In this case, the Referral Partner is not credited with a reward.
3.3.6. Distributing a referral link by spamming (including conducting spam mailings, posting spam on forums and communities, etc.).
3.3.7. Placing a referral link on coupon aggregator sites and/or any other services, the main activity of which is to provide users with discounts, cashback, or other types of bonuses for purchases.
3.3.8. To use and provide inaccurate, biassed, or false information, referring to or mentioning the Company’s Service. This includes accurate data about current marketing offers (promotions). Providing false or outdated information may be grounds for terminating cooperation with the Referral Partner.
3.3.9. To take actions that may harm the existing image and reputation of the Company, reduce the level of trust in the Service or mislead potential Referrals about the Company’s activities.
3.3.10. To take actions that may result in the Company incurring any obligations to third parties who are not the Company’s Referrals.
3.3.11. The Referral Partner does not have the right to place advertisements on websites that contain information that violates human rights, promote violence, racial discrimination, drugs, human trafficking, or contain materials of a pornographic nature.
3.4. The Company undertakes:
3.4.1. To calculate and pay the Referral Partner’s reward provided for by the terms of this Agreement in a timely manner.
3.4.2. To provide the Referral Partner with instructions and recommendations on how to perform the duties that are the subject of this Agreement.
3.4.3. To perform other obligations provided for by this Agreement.
3.5. The Company has the right:
3.5.1. To monitor the Referral Partner’s activities regarding the performance of his or her partnership functions provided for by this Agreement.
3.5.2. The Company has the right to terminate the agreement unilaterally in case of violation or non-fulfillment by the Referral Partner of the terms of this Agreement, as well as in cases:
3.5.2.1. The use of advertising methods that force the Referral and/or visitor to make a payment to the Service through deception, blackmail, or any other actions that violate freedom of choice;
3.5.2.2. Actions of the Referral Partner that negatively affect the Company’s business image and reputation;
3.5.3. In case of violation of the terms of this Agreement by the Referral Partner, the Referral Partner’s account with the accumulated reward shall be blocked.
3.5.4. The Company has other rights provided for by the provisions of this Agreement and the current legislation of the country of registration of the Company.
4. Determination of the Reward and Settlements
4.1. The Company pays the Referral Partner a reward, the amount of which is established in this Agreement and indicated in Appendix No. 1.
4.2. In addition to the due reward, the Referral Partner shall not be entitled to reimbursement of expenses incurred for the use of third-party services, programs, or services, even if these expenses were related to the activities of searching for and attracting Referrals within the Referral Program.
4.3. The Referral Partner is entitled to receive a reward upon fulfilling the following conditions:
4.3.1. As a result of the Referral Partner’s activities within the referral program, an agreement has been concluded between the Company and the referred Referral.
4.3.2. The Referral Agreement has been fully settled in terms of financial transactions between the Referral and the Company, confirmed by the Company’s Service software and data from the Referral Partner’s Partner Cabinet.
4.3.3. The Referral Partner has not violated the terms of this Agreement.
4.4. If the Referral Partner wishes to change the type of partnership to the Integrator type, the Referral Partner shall refuse to receive remuneration under the terms of the Referral Program from the moment of acquiring the Integrator status.
4.5. If the Company determines that the same Account is assigned to both a Partner and a Referral Partner, the reward is cancelled and not eligible for payment.
4.6. Reward payment is made upon the Referral Partner’s prior request using the functionality of the Referral Partner’s Partner Cabinet.
4.6.1. The procedure and method of payment shall be agreed upon by the Parties through email correspondence. In this regard, the Referral Partner understands and agrees that if the total reward amount is less than 50 (fifty) US dollars, the reward will not be paid and can only be paid upon reaching the specified amount or in case of termination of the Agreement.
4.6.2. Each request from the Referral Partner is checked for compliance with the conditions of the Referral Program. The Company reserves the right not to accrue or cancel payments to the Referral Partner in case of violation of the Agreement terms.
4.7. The reward is paid to the Referral Partner within 31 days after the payment by the Referral, who was attracted to use the Software through the Referral Partner.
4.8. The payment is considered made, and the Company’s obligations to pay the Referral Partner’s reward are fulfilled from the moment the funds (reward amount) are debited from the Company’s account.
4.9. Additionally, the Referral Partner can use the accumulated reward amount to pay for the Service for their own Projects, in which case the Company will provide a bonus of 20% on this amount.
4.10. Payments to Partners are made only through the Paypal payment system, unless other options have been agreed upon separately. Communication is carried out through the contact details specified by the Referral Partner in his profile in the Partner Cabinet. The Partner is solely responsible for covering the payment system commission, if applicable.
5. Partner reward amount
5.1. The Company pays the Referral Partner a reward specified in Appendix 1 in the following amounts:
5.1.1. A one-time payment of 25 US dollars after the first payment for the Service by Referrals attracted on the first level “Iron”.
5.1.2. A one-time payment of 35 US dollars after the first payment for the Service on the second level “Bronze”, to which the Referral Partner will move after attracting 5 Referrals who have made a minimum 1‑month payment for the Service usage.
6. Limitation of Liability
6.1. The Parties are responsible for non-performance or improper performance of their obligations under the Agreement.
6.2. The Company is not liable for technical defects, failures, technical features and changes in algorithms and actions, decisions of search engine owners or administrators, programs and systems, services, Internet network services, as well as the Internet network itself and telecommunications systems, communication systems that may be used by the Referral Partner in performing their obligations under the Agreement, as well as any breaches of such obligations that have arisen due to the circumstances mentioned above.
6.3. The Referral Partner is fully responsible to the Company for any breach of the terms of the Agreement.
6.4. The Company’s material liability is limited to reimbursing actual damages that must be documented by the Referral Partner.
7. Duration of the agreement
7.1. This Referral Agreement is concluded for an indefinite period. The Referral Partner may terminate the Agreement by sending an email to the Company’s support service.
7.2. If the Referral Partner has an outstanding reward balance in the Referral Partner’s account in the Partner’s cabinet, it will be paid by the Company in the manner and method agreed by the parties through email correspondence.
7.3. All operations made at the time of termination of the Agreement will be processed in the usual manner.
8. Final provisions
8.1. The Company reserves the right to change the terms of this Agreement at any time if these changes do not affect the fundamental provisions of this Agreement. Notifications of changes will be sent by email 3 (three) days prior to the effective date of the changes.
8.2. If the Referral Partner does not object to the changes in writing within 3 (three) days of receiving them at their email address, the changes become effective for them.
8.3. If the Referral Partner objects to the changes, the Referral Agreement is considered terminated from the moment the Company receives the corresponding objection in writing.
8.4. In the event that disputes and/or discrepancies arise between the parties in connection with the Agreement that cannot be resolved through negotiations, such disputes shall be subject to expedited arbitration in accordance with the Arbitration Rules for a final resolution.
8.5. The recognition of any part of the Agreement (provision, condition, section, etc.) as invalid according to a legally binding court decision or in accordance with the requirements of the law shall not invalidate other parts of the Agreement, as well as the Agreement as a whole, and the legal relations between the Parties that were regulated by such recognized invalid part of the Agreement must be replaced by another, closest in content and purpose.
8.6. This Referral Agreement may be terminated by the Company unilaterally in case of the Referral Partner’s breach of obligations specified in this Agreement. The Referral Agreement is considered terminated under the circumstances specified in this paragraph, after 24 hours from the moment of sending an email notification of termination to the Referral Partner’s email address. The fact of receiving and reading the notification of termination by the Referral Partner in this case is not significant.
8.7. This Referral Agreement may be revoked by the Company unilaterally without prior agreement with the Referral Partner. In this case, the Company informs the Referral Partner by sending an email about the termination
of the Agreement and cooperation as a whole, and pays the Referral Partner the remaining unpaid reward, if any, reflected in the Referral Partner’s account in the Partner’s Cabinet.
Appendix No. 1
Levels of Referral Program
The Company offers Referral Partners several levels. The transition to a higher level occurs after reaching the required number of agreements.
Partner level |
Reference (Referral program) |
|
Badge |
Iron |
Bronze |
Application |
Not required |
- |
Contract # |
- |
5 contracts |
Compensation per contract |
$25 once |
$35 once |
Bonus at the first payment |
$25* |
$25* |
Demo account |
Not provided |
Not provided |
Billing |
by Worksection |
by Worksection |
* — receives a Referral to his account after full payment of at least one month.
The increased remuneration starts to be paid from the sixth referred client and applies to all subsequent clients referred by the Referral Partner.