Referral Terms
The following terms and conditions apply to all companies and or persons or other entities ("you") that are referring any companies, entities or persons ("potential franchisee") to ("us" or "we") BOMB Marketing Ltd registered in England No. 08236842 whose registered office is 5 Hurlston Close, Edenthorpe, Doncaster, South Yorkshire, DN3 2TP in relation to potential franchise opportunities with us.
Please ensure you have read and understand the following before completing the referral registration form:
1. Acceptance of terms and conditions
By completing the referral registration form, you agree to the terms and conditions set out below ("Terms") and understand and agree that they will be incorporated into the contract between us ("Contract"). You will ensure that your employees, partners, agents, contractors, subcontractors and any other person attending any of our events on your behalf shall comply with these Terms. These Terms shall apply and take precedence over any other terms, course of dealing or industry practice.
2. Referral
If you complete the details of a potential franchisee on the referral registration form and (as a result of you sharing information about our franchises with the potential franchisee) that potential franchisee contacts us within 14 days of you completing the referral registration form to discuss a potential franchise with us and ultimately signs a franchise agreement with us within 4 months of you completing the referral registration form, we will pay you a referral fee for each such potential franchisee who signs such agreement as set out in paragraph 3 below.
3. Referral fee
For each potential franchisee in relation to whom you have submitted a referral registration form ("referred potential franchisee") who signs a franchise agreement with us, we will pay you a fee of £150 per referred potential franchisee (inclusive of VAT and/or any other taxes or duties). This fee shall be payable by us after all instalments due under the franchise agreement have been paid by the referred potential franchisee ("payment in full date"). For the avoidance of doubt, if two people purchase one franchise and sign the same franchise agreement, only one fee is payable.
4. Payment process
We will make payment of the referral fee directly to a bank account nominated in writing by you. We shall, within 7 days of the payment in full date, email you to request details of your bank account. We shall use the email address provided by you on the referral registration form. If we do not receive a response from you within 30 days of the date of our email, our obligation to pay you the referral fee shall expire. It is your responsibility to keep us up to date with any changes in your email address and to ensure that our emails do not go into any junk or spam folders.
5. Expiry of referral
If the referred potential franchisee has not contacted us within 14 days of you completing the referral registration form in relation to them, our obligation to pay you a referral fee shall cease. For the avoidance of doubt, if a third party then subsequently completes the referral registration form in relation to the same referred potential franchisee and such referred potential franchisee proceeds to contact us within 14 days of that subsequent referral, the third party shall potentially be entitled to any referral fee and you shall have no entitlement in relation to any referral fee.
6. Multiple referrals of same potential franchisee
If a potential franchisee has already been referred to us or is otherwise in discussions with us in relation to a franchise opportunity, prior to you submitting the referral registration form in relation to that potential franchisee, no referral fee shall be payable to you.
7. Compliance with laws
It is a condition of the Contract that you comply with all applicable laws and regulations in making any referral to us and in completing the referral registration form and you shall indemnify us and keep us indemnified against any claims, losses, damages, fees, expenses, fines, taxes and any other liability arising out of your breach of this condition.
8. Entire agreement
You agree that you have not been induced to attend this event by any representation, statement, promise, assurance or warranty made by or on our behalf that is not contained in these terms and you agree that these terms contain the entire agreement between us.
9. Variation of terms
We may vary these Terms as we see fit (other than the amount of the Referral Fee) from time to time and if we do, we shall notify you by email of the change of terms.
10. General
(a) The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
(b) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
(c) If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
(d) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(e) A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(f) The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
(g) The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
(h) We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).