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This Referral Agreement (the “Agreement”) is entered into on the date of signing (the “Effective Date”), by and between “K2 Industries Corp” (also DBA “K2 Wealth Global” and/or “K2 Wealth”) with an address of “Avenida Samuel Lewis & Calle Gerardo Ortega; PH Edificio Central, Piso 4, Panama, Republica de Panama (the “Company”) and someone choosing to become an Client/Affiliate (the “Affiliate/Client”), collectively “the Parties.”
1. Purpose. Company is in the business of Forex and other Trading Signals and Forex and other Trading Education. Company is desirous of gaining additional clients/customers and
Affiliate/Client is in a position to refer potential clients/customers to Company.
2. Referral Arrangement. Upon the Signed Date of this Agreement, Affiliate/Client may, from time to time, refer potential clients/customers to Company. Company will pay Affiliate a fee for these referrals.
3. Compensation. Company shall pay Affiliate “see K2 Affiliate Compensation Plan” for each successful referral and that of their sub-affiliates, where a successful referral is defined as a referral that becomes a client/customer of Company. Company shall pay Affiliate by the 15th of the following month of a completed referral as per Compensation Plan. A completed referral will be the engagement of the new client/customer.
4. Term. This Agreement shall commence upon the Date of signing, as stated above, and will continue until termination by either Party.
5. Confidentiality. During the course of this Agreement, it may be necessary for Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Affiliate in order for Affiliate to seek out potential referrals. Affiliate will not share any of this proprietary information at any time. Affiliate also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either Party.
6. Termination. This Agreement may be terminated at any time by either Party upon written notice to the other party. Upon termination, Company shall pay Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid.
7. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. “The Company” recognizes that a pre-existing warranty agreement exists between the Affiliate/Client and the agreed-upon trading broker (ex: VantageFX, LQDFX, or any other broker “the Parties” have chosen as the common trading broker). No supplemental warranties are expressed by either party beyond the one already existing between “the Client” and the agreed upon trading broker.
8. Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either Party.
9. Limitation of Liability. The Company recognizes that a pre-existing “Limitation of Liability” agreement exists between “the Client” and the agreed-upon trading broker (ex: VantageFX, LQDFX, or any other broker “the Parties” have chosen as the common trading broker). No supplemental Liability is expressed by “the Parties” beyond the one already existing between the Client and the agreed upon trading broker.
10. Disclaimer of Warranties. Affiliate shall refer potential clients/customers as requested by Company. “THE PARTIES” DO NOT REPRESENT OR WARRANT THAT SUCH REFERRALS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE.
11. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
12. Waiver. The failure by either Party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
13. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
14. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding Internationally. The Parties each represent that they have the authority to enter into this Agreement.
15. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by Panamanian law.
16. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
