GreatTalent.com

Talent Terms & Conditions

Referral Commission Agreement

THE PARTIES TO THIS AGREEMENT ARE:

Agent: Gregg Opper Design (GreatTalent.com and other websites)

Talent: Member signing up for service

Whereas the Agent may from time to time refer potential customers to the Talent for a referral fee.

The Parties agree to the following:

1. COMPENSATION: The referral fee shall be paid by Talent to Agent :

15% commission of the gross contract amount* for speeches, engagements, training programs, products or other services purchased by clients up to $5,000.  *not including any taxes or expenses charged to client at cost.

25% commission of the gross contract amount*  for speeches, engagements, training programs, products or other services purchased by clients at or over $5,000. *not including any taxes or expenses charged to client at cost.

Payable in full to Gregg Opper Design upon Talent receiving partial or full payment from client.

2.     TERM: The term of this Agreement shall be for a period of one (1) year, which will automatically renew for one (1) year terms unless terminated by either party.

3.    REFERRAL METHODS: Placement of advertisements and referral methods for the Talent are at the sole discretion of the Agent. However, in order to solicit sales, the Agents shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by the Talent unless authorized in writing by the Talent to do so.

4.    TRADEMARKS: The Agent may make use of the Talent's trademarks for the sole purpose of promoting the Talent's goods or services. Any such use shall be in accordance with the Talent's trademark policies. It is expressly understood that this referral agreement does not grant the Agent any interest in the Talent's trademarks or any other intellectual property rights.

5.    RELATIONSHIP: The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the Agent position itself as affiliated to the Talent, except as an independent referrer. In view of this independent relationship the Agent shall not enter into any agreements on behalf of the Talent, shall make no warranty either expressed or implied on behalf of the Talent and shall not incur any expenses on behalf of the Talent.

6.    EXCLUSIVITY: This referral agreement does not grant exclusive rights to the Agent to act as referrer on behalf of the Talent and the Agent shall have no rights under any other agreements entered into by the Talent with other Agents.

7.    CONFIDENTIALITY: The Agent agrees not to disclose any confidential information pertaining to the Talent's goods or services nor that of prospective or existing customers to any third party. The Agent may do follow-up enquiries with its referred customers to confirm their purchase and to gather feedback about their experience with the Talent's goods or services as supplied.

8.    TERMINATION: Either party may terminate this referral agreement at any time by giving the other party ten (10) days prior written notice. Upon termination by either party all outstanding referral fees due to the Agent at that time shall be settled in full within thirty (30) days.

9.    INDEMNIFY: Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this agreement.

10.    SOLE UNDERSTANDING: This Agreement is the entire and sole agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements, understandings and communications, whether oral or written. Talent understands and agrees that this Agreement is entered into solely with Agent, and that except as expressly provided herein, it shall neither be binding on nor in any other way affect Agent or any or its subsidiaries or affiliates not a party hereto. Any alteration must be in writing and signed by both parties.

11.   APPLICABLE LAW . This contract shall be construed under and according to the laws of the State of California, and venue for all disputes arising pursuant to the rights and duties created by this agreement shall be San Diego, California.

BY CLICKING ON  "ACCEPT" OR "REGISTER" OR USING OUR ONLINE SERVICES, YOU ARE AGREEING TO THIS REFERRAL COMMISSION AGREEMENT (THIS "AGREEMENT"). CLICKING "ACCEPT" OR "REGISTER" OR LOGGING ON CONSTITUTES YOUR LEGALLY BINDING SIGNATURE. YOU SHOULD EXIT NOW IF YOU DISAGREE WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT.