Terms and Agreements


Client Referral Program Eligibility
a. To join the Client Referral Program for National Breast Cancer Foundation, referrer must be at least 18 years of age.
b. The referred client must have or be in the process of formulating a legal business in the United States of America.
c. Referrer acknowledges that they have read and agree to the Terms and Conditions below.

Referral Program Enrollment
a. Omni Business Solutions must approve the Referral Application to join the Referral Program.
b. Omni Business Solutions reserves the right to refuse participation in the Referral Program to anyone.
c. Upon application approval to the Client Referral Program, referrer will be issued access to view Client Referral Portal.
d. After joining the Referral Program, the Referrer will be updated to the status of the referred client via Client Referral Portal.

Referral Process
a. Referrer can refer clients to Omni Business Solutions only via Client Referral Program Application to receive the referral commission.
 
Referrals
a. Referral information on the Referral Application must be complete and accurate.
b. If the referred client does not procure our Solutions or Services, The Referrer will not be compensated and National Breast Cancer Foundation will not receive the donation.
c. The Referrer will not be compensated and National Breast Cancer Foundation will not receive the donation if a client is referred twice.
d. The Referrer will not be compensated and National Breast Cancer Foundation will not receive the donation if a Referred Application was previously declined.
e. All Referrals are subject to approval, availability, and other Omni Business Solutions Terms and Conditions.
f. No referral compensation or National Breast Cancer Foundation donation can be claimed or issued for any Solution or Service before the date the Referrer joined the Referral Program.
Referral Status Reports
Referrer can view their prospect status, referral recognition, and donation status in the Client Referral Portal.

Compensation & Donation for Referrals
The Referrer will be compensated and National Breast Cancer Foundation will receive a donation for each qualified Referral as follows:
a. Referred client must be in good business standing for referral approval.
b. Referred client must be qualified and purchase offered Products, Solutions or Services by Omni Business Solutions and or business partners.
c. For each qualified referred client, based on the date of the referred site signup, the Referrer will be compensated and National Breast Cancer Foundation will receive the donation as outlined in SCHEDULE I.
d. The Referrer acknowledges that their Referral account will be reviewed by Omni Business Solutions staff prior to any compensation and donation.
e. Referral compensation and National Breast Cancer Foundation donations will be available for submission only as defined in SCHEDULE I.
f. Referral compensation will be made via company check or cashier’s check. Donations will be made to National Breast Cancer Foundation via credit card on the National Breast Cancer Foundation website link https://fundraise.nbcf.org/checkout/donation?eid=78287. No other forms of payments will be made.
g. Referral compensation will be in US currency ONLY.
h. Referrer will bear taxes, duties, levies, and other similar charges and any related interest and penalties.
i. Referral compensation and National Breast Cancer Foundation donations will made when the referred client is vetted, approved, procures a Solution and/or Service and Omni Business Solutions receives revenue for the procured Solution and/or Service.
j. Referral compensation and National Breast Cancer Foundation donations are processed on the 1st and 15th of every month. If the 1st or 15th of the month falls on a weekend, then the compensation and donation are processed on the next non-holiday business day.
 
SCHEDULE I
Example – Referred Client procures Solution and/or Service net profit = $30,000.00
Referral commission for a Referred Client = 1% of the total Solution and/or Service project net profit.
Client procured Solution or Service net profit – $30,000.00 X 1% Referral Commission= $300.00
National Breast Cancer Foundation donation for a Referred Client = 5% - 10% of the total project net profit.
Client procured Solution or Service net profit – $30,000.00 X 10% Referral Donation= $3000.00
 
There is no maximum commission or donation threshold per referred client unless the procured solution or service is reoccurring. If procured service or solution is reoccurring, the commission and donation will be distributed once upon initial client payment to Omni Business Solutions.
Valid from April. 11th, 2016 until further notice.
                                                                                                                                                                                                              
 
Client Referral Program Online Portal
a. The Client Referral Program Online Portal is an online resource to display the status of your referral.
b. The referrer will be issued a website link to access the Client Referral Program Online Portal after the application has been approved.
 
Independent Contractor
The relationship of Omni Business Solutions, Inc. and Referrer hereunder is solely that of independent contractors, and nothing contained in this Agreement will be construed as creating any agency, joint venture, employment, partnership, representations or other such relationship between the parties. Neither party is authorized under this Agreement to enter into any contracts, commitments nor shall other legal obligations on behalf of the other party and neither party represent having such authority.


Standards of Participation 
Referrer is expected to abide by the following practices when promoting the Solutions and Services of Omni Business Solutions, Inc. (i) No spamming or unsolicited e-mails; (ii) no false or misleading advertising; (iii) no advertising under competitor's trademarks; (iv) no advertising on Web sites affiliated with adult content or illegal subject matter.
 
Referrer Responsibilities
a. Referrer will not make any statement, or take any action, that could reasonably be expected to reflect poorly on Omni Business Solutions, Inc. or on the reputation of Omni Business Solutions, Inc. or its OEM partners, products and services.
b. Referrer will ensure it’s responsible for Referrer's activities under this Agreement to remain well-informed concerning Omni Business Solutions, Inc. products and services. Referrer will review Omni Business Solutions, Inc. website occasionally to ensure that they are reasonably familiar with Omni Business Solutions, Inc. product offerings, promotions, and service terms and conditions.

Non Use of Emails, Publicity and Marketing
a. Referrer agrees to not create, publish, transmit, and distribute under any circumstances, any bulk electronic mail messages that would be considered as SPAM.
b. Referrer agrees not to SPAM blogs, online forums, or newsgroups.
c. Failure of Referrer to abide by this NO SPAM policy, will be deemed a material breach of this Agreement and will terminate any and all rights and claims to any commissions.
 
Licenses and Use of Logo and Trademarks
a. Omni Business Solutions, Inc. grants Referrer with a non-exclusive, non-transferable, revocable right to access Omni Business Solutions, Inc. website through the links in accordance with the terms of this Agreement and solely in connection with this Agreement.
b. Omni Business Solutions, Inc. trademarks, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Omni Business Solutions, Inc. Except as otherwise provided in the Agreement, Referrer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Omni Business Solutions, Inc.
c. Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas or the like which Referrer sends to Omni Business Solutions, Inc. relating to the Omni Business Solutions, Inc.  Services or this Agreement will be treated as being non-confidential and non-proprietary. Omni Business Solutions, Inc. may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.  Services or this Agreement will be treated as being non-confidential and non-proprietary. Omni Business Solutions, Inc. may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever Services or this Agreement will be treated as being non-confidential and non-proprietary.
 
No Guarantee
Omni Business Solutions, Inc. makes no guarantee regarding the level of Referrer commission will receive in this program, or the amount of any donations to be made to the National Breast Cancer Foundation under this Agreement. Omni Business Solutions, Inc. reserves the right to modify any of the terms and conditions of this Agreement at any time. You will be notified by email (using the email account on file), and a change notice will be posted on our Referral Portal. If the modifications are unacceptable to you, you may terminate this Agreement as per the conditions of this Agreement. Your continued participation in this Program after a change notice has been posted will constitute acceptance of the change.

Disclaimer of Warranty
Referrer agrees to use all Services and any information obtained through or from Omni Business Solutions, Inc., at Referrer's own risk. Referrer acknowledges and agrees that Omni Business Solutions, Inc. exercises no control over, and accepts no responsibility for, the content of the information passing through Omni Business Solutions, Inc. host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF OMNI BUSINESS SOLUTIONS, INC., ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("OMNI BUSINESS SOLUTIONS, INC. PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT OMNI BUSINESS SOLUTIONS, INC.
PROVIDES. NO OMNI BUSINESS SOLUTIONS, INC.  PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. OMNI BUSINESS SOLUTIONS, INC.  IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM AFFILIATE OR STORED BY AFFILIATE OR ANY OF AFFILIATE'S USERS VIA THE SERVICES PROVIDED BY OMNI BUSINESS SOLUTIONS, INC.  . NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY OMNI BUSINESS SOLUTIONS, INC.  PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

The terms of this section shall survive any termination of this Agreement.
 
Referrer Representations and Warranties
Referrer hereby represents and warrants to Omni Business Solutions, Inc., and agrees that:
a. Referrer will comply with all applicable laws, rules, regulations, and Internet etiquette in the conduct of its business.
b. Referrer will not make any representations concerning the Solutions or Services except those that have been approved or published by Business Solutions, Inc.
c. Referrer will not distribute any documents or materials describing the Services except those that have been approved or published by Omni Business Solutions, Inc.
 
Prohibited Uses
You shall not authorize or encourage any third party to: (i) generate fraudulent sales; or (ii) act in any way that violates any Terms and Conditions posted, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
 
Term of Agreement
The term of this Client Referral Program Agreement will commence on Omni Business Solutions, Inc. acceptance of the Client Referral Program Application and will end within five (5) days of proper termination by either party. Omni Business Solutions, Inc’ or referrer may terminate this Agreement at any time, with cause and without liability, by giving the other party written notice of termination. Notices transmitted via e-mail shall be effective notice hereunder. Upon such notice, you agree to promptly remove your name and referred client from the Client Referral Program. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on the referral occurring during the term of the Agreement. We reserve the right to withhold commission/ donations for a reasonable time to ensure that the correct amount is contributed.
 
Limitation of Liability
a. Referrer agrees that no Omni Business Solutions, Inc. person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Omni Business Solutions, Inc. at the time) which may exist in the Services or Omni Business Solutions, Inc. equipment used to provide the Services.
b. Under no circumstances, including negligence, shall any Omni Business Solutions, Inc. person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Omni Business Solutions, Inc. has been advised of the possibility of such damages.
c. No Omni Business Solutions, Inc. Person shall be liable to Referrer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Omni Business Solutions, Inc. records, programs, equipment, or services.
d. IN NO EVENT WILL OMNI BUSINESS SOLUTIONS, INC. LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL REFERRAL FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
e. OMNI BUSINESS SOLUTIONS, INC. CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. OMNI BUSINESS SOLUTIONS, INC. WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON IT’S SYSTEM.
f. Referrer understands, acknowledges and agrees that if Omni Business Solutions, Inc. takes any corrective action under this Agreement because of an action of Referrer or its website users, and Referrer agrees that Omni Business Solutions, Inc. shall have no liability to Referrer due to such corrective action by Omni Business Solutions, Inc.

The terms of this section shall survive any termination of this Agreement.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Indemnification
Referrer agrees to indemnify, defend and hold harmless Omni Business Solutions, Inc. of their respective officers, directors, employees, shareholders and agents ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including attorney fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) Referrer's use of the Services, (ii) Referrer's participation in Referral Program, (iii) any violation by Referrer of the Service Usage Policy, or Hosting Terms and Conditions, (iv) any breach of any representation, warranty, or covenant of Referrer contained in this Agreement, or (v) any acts or omissions of Referrer.

The terms of this section shall survive any termination of this Agreement.

Governing Law, Jurisdiction, and Arbitration
This Agreement shall be governed by the laws of the State of Georgia, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in DeKalb County, Georgia. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Program after such terms have been updated by Omni Business Solutions, Inc. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Omni Business Solutions, Inc... Notwithstanding the foregoing, Omni Business Solutions, Inc. may assign this Agreement to anyone at any time without notice.
 
Questions & Contacting Us
If you have any questions about the Client Referral Program for National Breast Cancer Foundation, please contact us by email: crpnbcf@omnibusiness-solutions.com and we respond to your inquiry via email or telephone.
 
Note: This Client Referral Program for National Breast Cancer Foundation is solely sponsored and managed by Omni Business Solutions, Inc. and nothing contained in the preceding Agreement will be construed as creating any agency, joint venture, employment, partnership, representations or other such relationship between any parties. Under the preceding Agreement, Omni Business Solutions, Inc. has not entered into any contracts, commitments nor other legal obligations on behalf or with any party.
Please read the Terms and Agreement and click the "I Agree" button to obtain the referral application. I Agree
Client Referral Program for National Breast Cancer Foundation
Refer us a client ,we will pay you 1% and donate 5-10% of the client proceeds to