1. Registration Process. To be eligible for the Program, the Referring Party will register with the Builder by completing the referral form located at https://buildit.ca/referral-program/ (the “Form”). The Form must be completed in full and must be received and acknowledged by Builder prior to the Customer entering into a Construction Agreement (defined below) with the Builder.
2. Existing Customers/Partner employees etc. Customer referrals for customers that are then-currently customers of the Builder, or with whom the Builder is then-currently negotiating, will not result in Fees being earned or accrued.
3. Referral Fees. Should the Referring Party refer to the Builder one of its customers (the “Customer”) then, subject to paragraph 4 below, the Builder shall pay to the Referring Party a referral fee (the “Fee”) as follows:
Referral Fee Net Project Value
0.75% $500,001 to $1,000,000
1% Over $1,000,000
4. Condition of Referral Fee Payment.
a. The Referring Party acknowledges and agrees that the payment of the Fee is subject to the terms and conditions of the Construction Agreement entered into between the Customer and the Builder (the “Construction Agreement”).
b. Any Fees payable to Referring Party pursuant to this agreement shall be paid over the course of the project and shall follow a similar payment structure (and proportion) as provided in the Construction Agreement.
c. In the event that the Construction Agreement is terminated by any party for any reason whatsoever, the application of the Program to that Customer and Construction Agreement shall be null and void and no commission shall be paid to the Referring Party. In the event that the Fee has already been paid by the Builder to the Referring Party prior to such termination, the Referring Party shall return in full any Fee payment received under this agreement. If there are more than one referring parties for the Customer for the same project, only the earliest dated submission of the Form will be eligible for the Fee.
5. Taxes and Duties. Referring Party will pay all sales, use, withholding and other taxes, duties, or fees imposed by any applicable laws and regulations as a result of the payments it receives under this Program.
6. Term. This agreement shall terminate upon the expiry of 365 days from the date of execution.
7. Expertise. The Referring Party acknowledges that the Builder is a professional construction company. The Referring Party will defer to Builder’s expertise and not offer unsolicited advice whether it relates to the construction of the Customer’s project or otherwise.
8. Representation. Except as specifically authorized in writing, Referring Party shall make no representations to Referring Party’s Customers or third parties, nor shall Referring Party bind Builder to any contractual terms. Referring Party may not claim to be a representative of Builder. The Referring Party is an independent contractor and this Program does not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Referring Party will not have the power to bind the Builder or incur obligations on the Builder’s behalf without the Builder’s prior written consent.
9. Disclosure. Should the Referring Party, as a result of his/her professional designation or other code of ethics or agreement it is a party to, be obligated to disclose to the Customer the receipt by the Referring Party of a referral fee then the Referring party shall undertake to disclose same to the Customer. The Builder shall not be responsible for any failure by the Referring Party to comply with or abide by any such disclosure requirement.
10. Confidentiality. Referring Party shall keep in strict confidence the contents of this agreement and shall not disclose to anyone (except where required by law or by paragraph 8 above) the contents of this agreement.
11. Entire Program. This Program constitutes the complete and exclusive understanding and agreement between the Parties regarding its subject matter and supersedes all other prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter.
12. Notices. All notices and consents which are required to be given under this referral program must be in writing and sent to the proper parties as addressed herein.
13. Termination of Program. Builder reserves the right to cancel, terminate, modify, or suspend the Program at any time.