Referral Agreement

General terms

As of October 2020

These Terms and Conditions (the "Referral Agreement") govern the Referral Program that is made available by Payhere, a trading name of Alternate Labs Ltd. ("Payhere", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Payhere and the individual or entity who participates in the Referral Program (the "Referrer", or "you").

Please read this agreement carefully, as it represents a legally binding agreement between you and Payhere. By your use of the Referral Program, you agree to comply with all of the terms and conditions set out in this Referral Agreement. Payhere may terminate your Referral Account at any time, with or without notice, for conduct that is in breach of this Referral Agreement, for conduct that Payhere believes is harmful to its business, or for conduct where the use of the Referral Program is harmful to any other party.

Payhere provides a referral program to allow you to refer other potential customers and earn part of the Payhere transaction fee or monthly subscription payment.

We provide you with a cut (rate is shown in your account) of the money we earn on transactions and subscription payments after any relevant regional taxes or fees are subtracted. These fees are for the lifetime of the customer account and have no upper limit.

Any customers who sign up using your code will be included and your cut of the proceeds will be calculated based on the customers billing model. For customers on a purely transactional model (usually 2% of the transaction), you will receive a percentage (rate shown in your account) of that fee. For any customers on a flat monthly plan (starting at $25pm) you will receive a percentage (rate is shown in your account) of the subscription value after any taxes, card processing fees or VAT has been apportioned.

Referral tracking

Payhere will provide the Referrer with specific Referral Links to link advertisements and other marketing content to Payhere. Payhere will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who create an account while the cookie is active will be considered referrals of the Referrer and recorded as such.

The Referrer is not authorized to modify or alter the Referral Links or the cookies in any way. Payhere is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.

Referrals will only count towards your monthly commission if they pay through Payhere’s automated billing system by standard credit/debit card.

Payouts

Your referral revenue will be calculated on the 1st of the month for the prior month. This amount will then be transferred to you within 30 days. Our available referral payout methods will depend on your country of residence and include bank transfer, Payhere and PayPal.

Other fees may be encountered during payout depending on the payout method, these charges will be absorbed by the Referrer.

Payhere hereby grants the Referrer a non-exclusive, non-transferable, limited license to use the Payhere logos for the sole purpose of promoting our service within the context of the Referral Program. This license will expire upon termination of the Referrer's participation in the Referral Program.

The Referrer may only display advertisements that contain Payhere logos or service marks in good taste. The Referrer may not use Payhere logos or service marks in a manner that, in Payhere's sole discretion, portrays Payhere in a negative light.

The Referrer will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.

Payhere may, without prior notice, require the Referrer to remove or modify any advertisements in Payhere's sole discretion.

Termination

The Referrer may terminate the Referrer's participation in the Referral Program with immediate effect by giving the other party written notice of termination.

Payhere reserves the right to terminate the Referrer's participation in the Referral Program at any time for conduct that is in material breach of this Referral Agreement or for conduct that Payhere, in its sole discretion, deems to be harmful to its business or any third party.

Upon termination, the Referrer will lose access to its Referral Dashboard and will forfeit all potential or unpaid Referral Fees.

Relationship of Parties

Payhere and the Referrer are independent contractors. Nothing in this Referral Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Referrer has no authority to act on Payhere's behalf.

Limitation of Liability

The Referral Program is provided on an "as is" and "as available" basis and the use of the Referral Program is at the Referrer's own risk. Payhere makes no representations or warranties, either expressed or implied, with respect to the Referral Program, or any service or information provided through the Referral Program.

Payhere is not responsible for any damages, injury or economic loss arising from the use of Referral Program. Should any part of the Referral Program cause damage or inconvenience to the Referrer or anyone claiming through the Referrer, the Referrer assumes responsibility and the entire cost for them.

The Referrer will indemnify and hold harmless Payhere, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Referrers' or any third party's operations or use of the Referral Program.

Modification

Payhere may, in its sole discretion, change or modify this Referral Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Referrers upon posting of the modified Referral Agreement to this web address: https://payhere.co/referral-agreement/. The Referrer is responsible for reading this document from time to time to ensure that its use of the Referral Program remains in compliance with this Referral Agreement.

If any modification is unacceptable to the Referrer, its sole recourse shall be to terminate this Referral Agreement. The Referrer's continued participation in the Referral Program will constitute binding acceptance of such modifications.

Miscellaneous

The Referrer warrants and represents that it is over the age of 18 and is qualified to enter into this Referral Agreement.

The Referrer warrants and represents that its actions and its participation in the Referral Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Payhere reserves the right to terminate the Referrer's participation in the Referral Program if Payhere determines, in its sole discretion, that the Referrer's actions or its participation in the Referral Program are in violation of any laws, rules, regulations, or any requirements of governmental authority.

This Referral Agreement constitutes the entire understanding between Payhere and the Referrer. This Referral Agreement supersedes any other contracts or understandings between the parties hereto. Neither party shall be bound by any statements or representations that are not embodied in this Agreement.

Any dispute arising in relation to this Referral Agreement shall be exclusively resolved in the Courts of Northern Ireland, United Kingdom.