Affiliate Program Terms and Conditions
Global
Financial Services
Tel: 310-860-7510
Fax:
310-358-9960
This
Agreement will be between Global Financial Services at location listed
above
(hereinafter designated as “GFS”) and the referring party for business
financing (hereinafter designated “the Affiliate”).
The
foregoing
are
jointly referred to as “the
Parties”. The party that is seeking
financing through GFS services is
hereinafter referred to as “the Client”.
1. Nature of Agreement. the
Affiliate
and
GFS
have
agreed for the Affiliate to
perform services for GFS for the
purposes of obtaining business financing and other related business
services
performed by GFS for the Client. This
Agreement shall commence upon online approval of this Agreement by the
the Affiliate
and shall terminate upon the conclusion of funding on financing applied
for by
GFS or upon ten business days written notice by either party by
facsimile or
e-mail to the other party. In the event
that either party terminates this Agreement all applications submitted
prior to
effective date of termination shall continue until funding is completed
as if
no termination notice was provided.
2. Relationship of The Parties.
The the Affiliate is neither an employee of GFS
nor is authorized to contact any lender or engage in any negotiations
with any
lender directly or indirectly on behalf of GFS in connection with
securing
financing for the Client without express written authorization of GFS. The the Affiliate agrees to release, indemnify
and
hold harmless GFS from all liability in connection with any possible
disputes
with the Client. GFS is authorized to
contact the Client on all business matters at it’s sole discretion and
perform
its services without any regulations or procedures imposed by the
Affiliate.
3. Finder Fees and Payment. GFS
agrees
to
compensate
the
Affiliate on any
loan fees received by GFS on loans,
lines of credit, credit cards, and/or outside investor or equity
funding
obtained from the Client Affiliate referring the client in accordance
with
the
following schedule within ten days of
closing of financing and receipt of payment from the Client:
Number of Deals
Closed
Affiliate Commission on Client Fee to GFS
10%
20%
30%
40%
50%
4. Independent Contractor Status.
The Affiliate is an Independent Contractor
and not an employee of GFS and is responsible for payment of her own
taxes as
none are deducted by GFS from any revenues paid.
5. Non-Compete, Confidentiality of Agreement, and Trade Secrets. The Affiliate agrees that for a period of two years from the date of approval of this Agreement that neither he nor any business that she is affiliated with will in any capacity own, manage or control any loan finder service or compete with GFS on any services provided. Affiliate further agrees not to use nor disclose to any outside parties any of GFS forms or contracts for any purposes other than arranging financing for Client’s referred to Affiliate. All methods of operation of GFS and training are to remain confidential by the Affiliate and not disclosed to any outside parties and are to be deemed “trade secrets” of GFS. Trade secrets that have been developed or are in use by GFS include but are not limited to: Dun and Bradstreet credit information and repair, personal credit and repair, business and personal loan applications, contracts, informational materials sent to the Client, forms, consulting with the Client, and all lenders, investors and sources of funding used by GFS.
6. Liquidated Damages. If the Affiliate defaults on any provisions stated in paragraph No.”6” it would be extremely difficult to calculate the exact amount of damages to GFS and Affiliate hereby stipulates to liquidated damages in amount of $100,000.
7. Default. If either
party alleges default by the other in connection with the terms and
conditions herein all litigation shall be governed and construed under
the laws of the State of California, Los Angeles County The
prevailing party in any litigation shall be entitled to recover from
the other all attorney fees, court costs, collection fees and related
expenses form the other. If a court of competent jurisdiction
should find any part of this Agreement to be invalid or unenforceable
all remaining parts shall remain unaltered and in effect, as exclusive
jurisdiction for all legal matters.
To speak directly with one of our consultants,
call our Beverly Hills, California office at: 310-860-7510
during the hours of 8AM -5PM Pacific Standard Time.
