Referral Marketing Program Overview
Welcome to our Referral Marketing Program! By joining, you’ll be partnering with us to share our passion for wine and earn commissions on sales you help generate. Let's keep things straightforward so we can focus on what matters: sharing great wine.
Joining the Program
Eligibility: To join, fill out our application. We'll review it and let you know if you're in!
Acceptance: If you're accepted, you'll follow this agreement and any specific rules we've set.
Communication: We’ll update you via email or within the app if anything changes.
Non-exclusive: Feel free to work with others; this partnership doesn’t tie you down to us exclusively.
Earning Commissions
How it works: When someone clicks on your unique referral marketer link and buys from us, you get a commission.
Commission details: We’ll explain how much you earn and when in our referral marketer tool.
Payment: Make sure your payment details are up to date, and we’ll handle the rest.
Validity: A sale by a Referred Customer counts towards your commission if it happens within the time frame we set from the initial click.
Use of Our Brand
Trademarks: We’ll let you use our logos and trademarks as long as you follow our guidelines.
Legal Bits
Intellectual Property: Our content is ours – no copying or redistributing.
Confidentiality: Keep what you learn from us under wraps, just like we will with your info.
Termination: Either of us can end this agreement under the terms we’ve set out.
Changes: We might change this agreement, but we’ll tell you when we do. If you’re not happy with the changes, you can exit the program.
The Fine Print
Liability: We’re not on the hook for indirect damages or lost profits.
Law: This agreement is governed by California law, and any disputes will be handled in California courts.
REFERRAL MARKETER AGREEMENT
This Referral Marketer Agreement (the "Agreement") is entered into by and between the undersigned "Referral Marketer," and 1-800 WineShop.com, Inc., DBA Suburban Fracas, a California corporation ("Company"), collectively referred to as the "Parties."
Recitals
WHEREAS, the Company operates a comprehensive online platform dedicated to the retail of wine products; and
WHEREAS, the Referral Marketer desires to participate in the Company's Referral Marketing Program, and the Company wishes to appoint the Referral Marketer as a non-exclusive referral partner for the promotion and sale of the Company's products;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Definitions For the purposes of this Agreement, the following terms shall have the meanings specified:
"Referral Marketer" refers to you, the Party entering into this Agreement and participating in the Referral Marketing Program.
"Referral Marketing Program" denotes the program managed by the Company whereby the Referral Marketer promotes the Company's products and services and earns commissions on qualifying sales.
"Referral Marketer Link" means the specific URL that the Company provides to the Referral Marketer for tracking purposes.
"Referred Customer" refers to the end-user who purchases Company products through the Referral Marketer Link provided to the customer by the Referral Marketer.
"Commission" is the fee payable to the Referral Marketer for qualifying sales as defined in the Referral Marketer Tool.
2. Referral Marketer Obligations and Rights the Referral Marketer agrees to:
Use best efforts to promote the Company's products in a manner consistent with the Company's branding and reputation.
Ensure all marketing activities comply with applicable laws and regulations.
Not make any guarantees or representations regarding the Company's products beyond those made by the Company.
I understand that as a Referral Marketer:
a) I will not sell wine or related Suburban Fracas WineShop At Home products to customers for purposes of resale.
b) I will comply with all federal, state, county or municipal laws, ordinances, rules and regulations; and shall make all reports and remit all withholdings or other deductions as may be required by any federal, state, county or municipal law, ordinance, rule or regulation.
c) I will not purchase or keep inventory of WineShop At Home products for re-sale. Accepting cash or digital payments to personal accounts for any transaction is prohibited.
d) I understand that I am not required to drink any alcohol to be an Referral Marketer and agree not to consume any amount that could affect my normal physical or mental capabilities in any way. I agree to hold WineShop At Home harmless against any personal consumption.
e) I will not distribute any Referred Customer’s confidential contact and financial information to others except WineShop At Home and I further understand that all customers and their information are the property of WineShop At Home.
f) I am an independent contractor, and not an employee, agent, partner, legal representative or franchisee of WineShop At Home. I am not authorized to, and will not incur any debt, expense, obligation or open any checking account on behalf of, for, or in the name of WineShop At Home. I understand that I shall control the manner and means by which I operate subject to my compliance with these Terms and Conditions. I understand that I SHALL NOT BE TREATED AS AN EMPLOYEE OF WineShop At Home for FEDERAL or STATE TAX PURPOSES. WineShop At Home is not responsible for withholding and shall not withhold or deduct from my commissions, if any, FICA, or taxes of any kind, unless such withholding becomes legally required. I agree to be bound by all sales tax collection agreements between WineShop At Home and all appropriate taxing jurisdictions and all related rules and procedures. The Company will issue a 1099 if total income from commissions for the tax year is $600 or greater. The government does not require a filing by WineShop At Home for less than this amount; however, the Referral Marketer is responsible for all taxes on earnings as an Independent Contractor. Commissions are typically reported on the year-end 1099 form as additional earnings the year in which Referral Marketer received the commission(s). Consult your tax representative to best take advantage of this.
g) By entering into this Agreement, I authorize the Company to use my name, testimonials, quotes, stories, and/or likeness in advertising, training or promotional materials for any print or electronic publicity, marketing or promotional purposes, without remuneration.
The Company grants the Referral Marketer:
A non-exclusive, non-transferable right to promote the Company's products in accordance with the terms of this Agreement.
Permission to use trademarks and logos, provided the Referral Marketer adheres to the Company's brand guidelines.
3. Commissions
The Referral Marketer shall earn commissions on purchases made by a Referred Customer using the Referral Marketing link provided by the Referral Marketer.
Commissions shall be payable for transactions that occur within the timeframe specified in the Referral Marketer Tool following a prospective Customer's click on the Referral Marketer Link.
4. Intellectual Property
The Company retains all rights to its trademarks, service marks, and intellectual property.
The Referral Marketer may not alter, copy, or use the Company's intellectual property, except as expressly permitted herein.
5. Confidentiality
Each Party agrees to treat all information of the other Party as confidential, not to use such information for any purpose outside the scope of this Agreement, and not to disclose such information to third parties.
6. Term and Termination
This Agreement shall commence upon the effective date and shall continue until terminated by either Party at any time.
The Company may terminate this Agreement immediately upon breach by the Referral Marketer of any terms herein.
7. Indemnification
The Referral Marketer agrees to indemnify and hold the Company harmless from any claims arising from the Referral Marketer's breach of this Agreement or unlawful conduct.
8. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
To the extent permitted by law; Suburban Fracas, WineShop At Home, 1-800 WineShop.com, Inc., its directors, officers, shareholders, employees, assignees, successors and agents (collectively referred to as “WineShop At Home”) shall not be liable for, and Referral Marketers release WineShop At Home from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered as a result of; (a) Referral Marketer’s breach of this Agreement (b) the improper promotion or operation of the Referral Marketer relationship and any activities related to it (e.g., the presentation of Suburban Fracas products, including without limitation, enrollment and acceptance into the Referral Marketing Program or the payment of commissions). The Referral Marketer further agrees to indemnify, hold harmless and defend at Referral Marketer’s expense, WineShop At Home against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with the Referral Marketer relationship.
9. Governing Law
This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
10. Age Policy
Under no circumstances shall a minor under the age of 21 handle WineShop At Home alcohol products, become an Referral Marketer, or market alcohol products.
11. Miscellaneous
This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions, agreements, and understandings of any kind.
IN WITNESS WHEREOF, the Parties have executed this Referral Marketer Program Agreement as of the Effective Date.
