More About the ApexLink Referral Program
Terms and Conditions
Note: Individuals who have agreed to become part of the ApexLink Referral Program are considered independent ApexLink Referral Affiliates under the terms described below.
ApexLink Referral Program Agreement
- The ApexLink Referral program is open to ApexLink users and non-users who are recommending ApexLink Property Management Software to property management professionals.
- The Referral payment for ApexLink customers will occur as a discount off the customer’s monthly invoice for services.
- The Referral payment for non-customers will be paid directly to the individual. Active employees of ApexLink customers are not eligible to be an individual Referral Affiliate.
- Referral Fee Calculation and Eligibility. For an ApexLink Referral Affiliate to be considered eligible for a referral fee, the following criteria must be met:
- The Referring Party must be signed up to be an ApexLink Referral Affiliate prior to the new user initiating the trial period and/or ApexLink software services.
- The new user must list the name of the Referral Affiliate when they first sign up to use the ApexLink property management software.
- The new user must be an active user and current with their payments in order for the referral fee to be paid. If a new user notifies ApexLink that they are dropping the service, the account will be considered inactive and no referral fee will be paid.
- The new user must have paid their fees for a minimum of three full consecutive months (e.g. from April 12 – July 12) following the completion of the trial period before any referral fee will be paid.
- At the completion of the three-month waiting period, ApexLink will compensate the Referral Affiliate retroactive to the date the new user began paying for services, if the new user is still an active user and current with their payments.
- Subsequent referral fees will be paid or credited on a monthly basis following the anniversary of the new user’s service date. Continuing the above example, the referral fee will be deducted from the Affiliate’s monthly bill that follows the August 12, September 12 and October 12 service anniversary dates.
- ApexLink’s referral payment will be equal to 15% of the new user’s monthly fees. Any changes in those fees based on new user units will be reflected in the referral payment.
- The maximum period for a referral fee is 6 months.
- The new user’s services must be used in six consecutive months in order to be considered a valid referral.
- For ApexLink customers, if the 15% referral fee exceeds the Referral Affiliate’s monthly ApexLink fees, the difference will be paid to the Affiliate’s company in cash.
- Limitations. Referral Affiliates shall not make promises or issue any warranties either written, expressed or implied, pertaining to the goods or services offered by ApexLink unless authorized in writing by ApexLink to do so.
- Professionalism. Referral Affiliates hereby agree that they will follow the highest professional standards in representing and/or recommending any and all ApexLink services.
- Relationship between the Parties. Nothing in this Agreement shall be construed to create an employment, partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s express prior written consent.
- Exclusivity. This Referral Agreement does not grant exclusive rights to the Affiliate to act as referrer on behalf of ApexLink and the Affiliate shall have no rights under any other agreements entered into by ApexLink with other Affiliates.
- Confidentiality. The Referral Affiliate in the course of performing the referral services may gain access to certain confidential or proprietary information of ApexLink and/or the new user. The Referral Affiliate agrees not to disclose to any third party any confidential information pertaining to ApexLink services nor that of prospective or existing customers.
- Assignment. For ApexLink customers who are Referral Affiliates, the Affiliate may not assign any of their rights under this Agreement to another party outside of the customer organization. For Referral Affiliates who are not ApexLink customers, the Affiliate may not assign any of their rights under this agreement to another party.
- Indemnity. Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this agreement.
- Severability. If any provision of this Agreement shall be held to be invalid or unenforceable under present or future laws, the remaining provisions of this Agreement shall remain in full force and effect.
- Entire Agreement. This agreement constitutes the final, complete and exclusive agreement between the parties with respect to the subject matter hereof.
- Cancellation/Termination. This relationship can be cancelled at any time with 5 days’ written advance notice. Upon termination by either party, outstanding referral fees at that time shall be calculated, communicated in writing and paid out in accordance with this Agreement’s referral pay schedule.
- Headings. The headings in this Agreement are for the convenience of reference only and have no legal effect.
- Effective Agreement Date. The effective date of this agreement is the date upon which the Referral Affiliate submits this form to ApexLink via the ApexLink Property Manager website Program listed above.