Referral Agreement Terms and Conditions

This agreement is between:

  1. This agreement is between:

  2. You (Affiliate, Referrer “you” or “yourself”)

    (each a “Party” and collectively, “the Parties”)

Introduction

  1. Outrun Global is a Cost Optimisation company specialising in supplying dedicated staff, automation and AI tools.

  2. The Referrer knows or, from time to time, may become aware of businesses or organisations which could benefit from Outrun Global’s products and services.

  3. The Referrer wishes to refer such businesses or organisations to Outrun Global.

  4. Outrun Global wishes to encourage the Referrer to make such referrals and to reward the Referrer for referrals that result in a sale of Outrun Global’s products and services.

  5. This agreement governs the relationship between the Parties.

Agreement

1. Public Officials

By becoming a Referrer, you confirm that you do not hold any public office, are not a candidate or nominee for any public office and are not acting on behalf of, at the direction of or otherwise for the benefit of any public official in relation to your referral of prospects to Outrun Global

2. Referrer to refer prospects to Outrun Global

The Referrer may from time to time at the Referrer’s sole discretion refer prospects to Outrun Global.

3. Normal referral methods to be used by the Referrer

You may refer prospects to us using one of the following methods:

  1. Direct referral

    You may invite a prospect to contact your Outrun Global representative directly and then register that prospect via phone or through the online form provided on the Outrun Global website at the following location: Submit a referral.

  2. Indirect referral

    You may register a prospect you know via phone or through the online form provided within the Outrun Global website at the following location: Submit a referral

    Where your referral includes any information about an identifiable individual, you must ensure, and warrant to us that you have, that individual’s express written consent to provide their personal information to us or that you have otherwise complied with privacy and data protection laws applicable to that individual’s personal information. We will use and store any personal information received in accordance with our privacy policy: https://outrun.global/privacy.

4. Additional referral methods that may be used by the Refferer

If you have your own website or are a frequent user of business-related e-mail, you may choose to use additional referral methods:

  1. Linking from your website to the Outrun Global website

    You may place a banner, classified advertisement or full web page that links to the Outrun Global website on your website. We will track any new prospects resulting from these links.

  2. Including in your e-mails – a link to the Outrun Global website

    You may include a banner or classified advertisement that links to the Outrun Global website in your e-mails. We will track any new prospects resulting from these links.

  3. Linking from your Facebook page or Twitter feed to the Outrun Global website

    You may place a promotion that links to the Outrun Global website on your Facebook page or within a social media post. We will track any new prospects resulting from these links.

5. Active promotion of Outrun Global by the Referrer

There is no obligation on the Referrer to actively promote Outrun Global. If you wish to undertake any promotional activity to generate a larger number of prospects, this activity must first be approved in writing by the Outrun Global’s marketing department.

6. Referrer Fees

The Referrers club is very valuable to us as we prefer to work through referrals rather than other forms of prospecting. Accordingly, and subject to clause 8, we recognise your contribution to our business by paying a sum of $1,000 (GST exclusive) on signing of an initial contract with the new customer as a result of a qualified referral from you that is less than 6 months old. The referral fee will be paid in New Zealand dollars if the referral originates from within New Zealand, and in Australian dollars if the referral originates from within Australia. Referrals originating from countries other than New Zealand and Australia will be paid in New Zealand dollars. If there is any disagreement concerning the origin of a referral, our decision on the matter shall be final.

You can instruct us to have the Referrers' fee paid directly to yourself or to an authorised Outrun Global charity.

7. Payment Terms

To keep the paperwork simple – we settle all referral fees on a monthly payment cycle.

8. Our Commitment to You

We undertake to you that we will follow through on all referrals in a prompt and professional manner. We want your contact to thank you for introducing them to us!

9. Your Commitment to Us

You will:

  1. Act honestly and in good faith in all dealings with Outrun Global;

  2. Comply with all applicable laws in carrying out your functions under this Agreement; and

  3. Must not hold yourself out as being our agent, employee or representative;

10. Required Disclosures and Legal Matters

It is essential that you and we each comply with all relevant laws, including any applicable legislation prohibiting secret commissions, bribery and other corrupt practices.

Wherever possible, you will disclose to referred customers that you will receive benefits as a result of the referral to Outrun Global and, you must do so when required by any applicable law.

No referral fee or other incentive will be paid to or for the benefit of any person holding any public office or any candidate or nominee for a public office.

As an essential term of this agreement, you warrant that payment of any referral fee by us, whether to you or to an authorised charity you select, is not prohibited by any law you or we are subject to. If we consider, acting reasonably, that payment of any referral fee is or may be prohibited by any applicable law, we may decline to pay the referral fee. If we do that, we will:

  1. explain to you why we have not paid the referral fee; and

  2. shall not be in breach of this Agreement by refusing to make payment.

11. Tracking

We take responsibility for tracking all referrals made by our Referrers. If you have any questions about any referral you have made, please contact your Outrun Global contact or email [email protected]

12. Term of this Agreement

There is no specific term to this agreement, or obligation on you to refer a minimum number of potential customers to Outrun Global. Either Party may terminate this agreement at any time with immediate effect by written notice to the other.

13. Disputes

Should the parties have any question, dispute or difference (Dispute) concerning or arising out of this Agreement which is not resolved within 30 days of notice being given of the existence of the Dispute, either party may thereafter give notice to the other party requiring the dispute to be referred to and finally resolved by arbitration to be held in Auckland, New Zealand in accordance with the arbitration rules of the New Zealand Dispute Resolution Centre. The parties shall promptly each pay to the New Zealand Dispute Resolution Centre (or as directed by the Centre), one-half of the preliminary costs of the arbitration as set out in the arbitration rules of the New Zealand Dispute Resolution Centre.

14. Updates to this Agreement

Outrun Global may update this Agreement at any time, by posting the updated terms on its website and notifying the Referrer by e-mail. Continued referral by the Referrer of prospects to Outrun Global constitutes acceptance of the updated terms.

15. Entire Agreement

This Agreement contains all of the terms, representations and warranties made between the parties and supersedes all prior discussions and agreements covering the subject matter of this Agreement.

15. Governing Law

This Agreement shall be governed by and construed according to the laws in force in New Zealand. The rights and remedies of the parties under this Agreement shall be determined in accordance with such laws and the parties irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.