Referral Terms Conditions

Multitaskr Realtor Referral Program

Terms and Conditions

The following additional terms and conditions apply to the Multitaskr ADU Referral Program (these “Terms”):

The Multitaskr Member Terms and Conditions, as applicable, located at: www.gomultitaskr.com/terms-and-conditions/

and;

The Multitaskr Privacy Policy, located at: https://gomultitaskr.com/privacy-policy/.

1. Purpose of Multitaskr Realtor Referral Program. You will have the opportunity to earn “Referral Fees” as set forth in these Terms, by promoting and referring potential customers to the Website and providing your unique referral hyperlink to customers who execute a contract for Multitaskr ADU design and/or construction management services. Upon successful registration for the Multitaskr Realtor Referral Program, you will be emailed a “Referral Link,” containing a unique identifier to allow Multitaskr to track sales of its services through the use of your unique Referral Link. Any customer transaction made through the Referral Link will also have to meet the qualifying requirements set forth in these Terms to be eligible for the Referral Fees.

2. Registration to Participate in Multitaskr Realtor Referral Program. You may apply for the Multitaskr Realtor Referral Program by completing the application form located at https://gomultitaskr.com/adu-referral/. Multitaskr will validate your application information, and if necessary, contact you with any questions or requests for additional information. If your application for the Multitaskr Realtor Referral Program is approved, you will receive an email with your Referral Link within three (3) to five (5) business days of registering for the Multitaskr Realtor Referral Program.

By successfully registering for the Multitaskr Realtor Referral Program, you consent to communication with Multitaskr via methods including but not limited to text messaging, email, telephone, social media, and/or other reasonable communications methods. All Multitaskr Realtor Referral Program participants must submit the necessary personal information when registering, including First Name, Last Name, Telephone Number and Email Address.

3. Eligibility Requirements and Qualified Sales. In order for a referral to be considered a “Qualified Sale” eligible for payment of Referral Credits, the following criteria must be met:

You must have received a Referral Link directly from Multitaskr in response to an approved application, with your name and contact information, to the Multitaskr Realtor Referral Program;
The referral must contact Multitaskr through your Referral Link and subsequently execute a contract for Multitaskr’s Project Advisory Services in order to be considered a Qualified Sale that will earn you Referral Fees;
The customer making the executing the contract described above must be a new customer to Multitaskr, providing a name, address, and email address that is not already in the Multitaskr customer database at the time of utilizing your Referral Link;
All information provided by customer associated with the Qualified Sale must be accurate, including an email address and physical address, for delivery of order information and of Multitaskr’s services;
The customer must execute a Multitaskr Project Advisory Services contract within the ninety (90) days of initiating contact with Multitaskr through your Referral Link;
Any chargeback or refund by the customer of the Multitaskr services underlying a Qualified Sale will result in the revocation of the Qualified Sale status of that particular sale;
Multitaskr reserves the right to deduct the amount of any Referral Fees paid to you for any such sales resulting in a chargeback or refund from any future Referral Fees you may generate; and
You must not be in breach of these Terms, or any additional applicable terms of Multitaskr, at the time the Referral Fee is scheduled to be paid, and Multitaskr reserves the right and has the sole discretion to withhold and/or deny any payment of any Referral Fee, or to terminate your access to the Multitaskr Realtor Referral Program, for any breach of these Terms or any additional applicable Multitaskr terms.

Multitaskr will pay any Referral Fees you earn for Qualified Sales by ACH to an account of designated by you, or by check to the address listed in your application for the Multitaskr Realtor Referral Program, in an amount equal to 1% of the total contract price for each Qualified Sale. You will be paid any earned Referral Fees on the fifteenth calendar day of the month following the month in which the Qualified Sale was generated. Multitaskr reserves the right to change the specific criteria of a Qualified Sale or to modify these Terms at any time for any reason and has sole discretion in resolving any dispute between you and Multitaskr relating to any Qualified Sales or any Referral Credits.

Referral Fees are void where any aspect of the Referral Fee is prohibited or otherwise restricted by law or where registration, bonding, local judging, or translation is required. Referral Fees are subject to all national, state, and local laws including applicable tax codes. No substitution or transfer of any of Referral Fees is permitted.

4. Term and Termination. Notwithstanding anything to the contrary contained in these Terms, Multitaskr may terminate your participation in the Multitaskr Realtor Referral Program, with or without cause, at any time for any reason; in event of Multitaskr’s termination of your participation in the Multitaskr Realtor Referral Program, Multitaskr will issue you Referral Fees for any Qualified Sales earned up to the termination date. You may terminate your participation in the Multitaskr Realtor Referral Program by emailing your request to [email protected]. Termination of the participation in the Multitaskr Realtor Referral Program by either party shall not relieve either party from liability for breach of any provision of these Terms.

5. Other Terms. By participating in the Multitaskr Realtor Referral Program, you acknowledge that you have reviewed and consent to be bound by the terms and conditions located www.gomiltitaskr.com/terms-and-conditions/. Multitaskr reserves the right to revise the terms or cancel the Multitaskr Realtor Referral Program in Multitaskr’s sole discretion. Any changes to these terms will be communicated to you via email, to the email address you have on file with Multitaskr. Failing to object to any revised terms and/or continuing to participate in the Multitaskr Realtor Referral Program after thirty (30) days from your date of receipt of any such revised terms will constitute your acceptance and consent to be bound by any such revised terms. If you do not wish to be bound by these Terms, and/or the Multitaskr Privacy Policy, and/or the Multitaskr Terms and Conditions, then do not participate in the Multitaskr Realtor Referral Program or otherwise use Multitaskr services, or visit the www.gomultitaskr.com website and/or any related webpages therein.

6. Marketing Materials and Standards of Marketing and Promotion. Multitaskr may, from time to time, furnish you with sales catalogs, brochures, samples, equipment, software, and other marketing materials (collectively the “Marketing Materials”) as Multitaskr deems necessary to enable you to solicit orders for Multitaskr services under the Multitaskr Realtor Referral Program. All Marketing Materials will remain the exclusive property of Multitaskr and may only be used for the purposes of soliciting orders for Multitaskr products.

7. Confidentiality. You will take commercially reasonable actions designed to protect any Confidential Information received from the Multitaskr from misappropriation and unauthorized use or disclosure. You may disclose Multitaskr Confidential Information to the extent necessary to comply with applicable law. Upon Multitaskr’s request, or upon any termination of your participation in the Multitaskr Realtor Referral Program, you will return or destroy all marketing materials, in any medium, which contain, embody, reflect, or reference all or any part of any Multitaskr Confidential Information. Multitaskr will be entitled to seek preliminary and/or permanent injunctive relief from any violation or threatened violation of this Section 7 (“Confidentiality.”) without the necessity of proving actual damages or posting any bond or other security.

“Confidential Information” means all confidential and/or proprietary information and documents furnished or disclosed by or on behalf of a Multitaskr or its affiliates, no matter when or how furnished or disclosed. Confidential Information includes, without limitation, all nonpublic information relating to a Multitaskr’s or its affiliates’ technology, business plans, agreements, promotional and marketing activities, finances, other business affairs, and all third-party information that Multitaskr or its affiliates is obligated to keep confidential. Confidential Information may be contained in tangible materials, such as drawings, data, specifications, reports, and computer programs, or may be in the nature of unwritten knowledge. Confidential Information does not include any information that has become publicly available without breach of these Terms, can be shown by documentation to have been known to the receiving Party at the time of its receipt from the Multitaskr or its affiliates, is received from a third party who did not acquire or disclose such information by a wrongful or tortious act, or can be shown by documentation to have been independently developed by the receiving Party without reference to any Multitaskr Confidential Information.

8. No Transfer of Ownership Multitaskr’s Intellectual Property Rights; Limited License to Use Multitaskr Trademark, Logos, Branding, and Other Marketing Materials. Subject to these Terms and upon issuance of your Referral Link to you, Multitaskr grants to you a revocable, non-transferable, royalty free, license to use the Multitaskr website, Marketing Materials, and the applicable Referral Link You may not remove or alter any copyright, service marks, or trademark notices. Multitaskr reserves any and all rights not explicitly granted in the limited license in this section and these Terms in general. Multitaskr will retain all rights, title, and interest in all Marketing Materials and any intellectual property related to these Terms, the Multitaskr Realtor Referral Program, or otherwise to effectuate the purposes of the Multitaskr Realtor Referral Program, or any other intellectual property that may be developed by Multitaskr during the course of the Multitaskr Realtor Referral Program. You acknowledge Multitaskr’s exclusive rights set forth above in this §8 (“No Transfer of Ownership Multitaskr’s Intellectual Property Rights; Limited License to Use Multitaskr Trademark, Logos, Branding, and Other Marketing Materials.”), and further acknowledge that the Multitaskr trademark and any other intellectual property related to these Terms and the Multitaskr Realtor Referral Program are unique and original to Multitaskr, and that Multitaskr is the owner thereof. You will not, at any time during or after the effective term of these Terms, dispute, or contest, directly or indirectly, Multitaskr’s exclusive right and title to the intellectual property referenced herein, or the validity thereof. You recognize the value of the goodwill associated with the intellectual property referenced herein, and agrees that all rights therein, including any goodwill pertaining thereto, belong exclusively to Multitaskr. You agree to execute any documents reasonably requested by Multitaskr to effectuate any of these provisions.

9. Privacy Policy Applies. The Multitaskr Privacy Policy (located at: https://gomultitaskr.com/privacy-policy) applies to all information collected by Multitaskr related to the your registration for and participation in the Multitaskr Realtor Referral Program, and also applies to any information collected during the purchase process of any purchase by any customer(s) utilizing your Referral Link. By participating in the Multitaskr Realtor Referral Program and/or earning any Qualified Sales utilizing your Referral Link, you acknowledge that you have reviewed the Multitaskr Privacy Policy and that you agree with and consent to be bound by the terms therein.

10. LIMITATION OF LIABILITIES. YOU, EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MULTITASKR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUPPLIERS, SUBSIDIARIES, PARENTS, AND OTHER AFFILIATES, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE MULTITASKR WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ANY SERVICES PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (4) REGISTRATION AND/OR PARTICIPATION IN THE MULTITASKR ADU REFERRAL PROGRAM. IN NO EVENT WILL MULTITASKR’S LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF OR RELATED TO THESE TERMS AND/OR YOUR, OR ANY QUALIFIED SALE OF YOURS, USAGE OF ANY MULTITASKR SERVICE(S), AND/OR ANY OBLIGATIONS HEREIN, OR TO ANY ACT OR OMISSION RELATED TO THESE TERMS, EXCEED THE TOTAL VALUE OF THE MULTITASKR ADU PROGRAM REFERRAL CREDITS ACTUALLY PAID BY MULTITASKR TO YOU IN THE SIX (6) MONTHS PRECEDING THE OCCURRENCE OF THE ACTS, EVENTS, OR OMISSIONS GIVING RISE TO ANY CLAIM MADE BY YOU.

11. Indemnification. You agree to indemnify and hold harmless Multitaskr, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of any of the following: the Multitaskr website, any Multitaskr services, the Multitaskr Realtor Referral Program, any information you submit or transmit through the Multitaskr website for any purpose, and any breach of these Terms by you.

12. Representations and Warranties. You represent and warrant to Multitaskr that when you conduct business on behalf of Multitaskr for purposes of participating in the Multitaskr ADU Referral Program, you will at all times do so in a manner that reflects favorably on the goodwill and reputation of Multitaskr and its suppliers, and further warrant that you will not engage in any illegal or unethical business practices. You hereby authorize Multitaskr to investigate and confirm any information you submit for purposes of participating in the Multitaskr ADU Referral Program. You represent and warrant that you have full power and legal right to agree to and perform the obligations under these Terms, that no authorization or approval from any third party is required in connection with your execution, delivery, or performance of its obligations under these Terms, and further that these Terms constitute a legal, valid, and binding obligation, enforceable against you, in accordance with these Terms.

You represent and warrant that all marketing and promotional means you utilize for purposes of participating in the Multitaskr ADU Referral Program (a) will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services, or activities), and (b) will not mislead others. You agree that you will comply with all laws and regulations, and will not engage in spamming, unlawful mass emailing, or any other unapproved emailing or failure to comply with the CAN SPAM Act of 2003, 15 U.S.C. 7701, et seq., as amended, or any comparable laws, rules or regulations in any country from or to which you are accessing the Multitaskr website or participating in the Multitaskr ADU Referral Program, which govern email marketing and advertising.

13. Integration, Severability, Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.

14. Assignment. You may not assign any obligations or delegate any required performance under these Terms without the express consent of Multitaskr, executed in writing.

15. Jurisdiction and Governing Law. These Terms will be construed under the laws of the State of California, regardless of conflict of law provisions. To the extent that those laws conflict with these Terms, these Terms will govern. The Parties irrevocably consent to exclusive jurisdiction and venue in San Diego County, California, for all disputes arising out of or relating to these Terms and/or the Multitaskr ADU Referral Program, subject to the dispute resolutions provisions provided in the Multitaskr PDP Terms and Conditions located at www.gomultitaskr.com/terms-and-conditions/.

16. Relationship and Independent Contractor Status of Affiliate. Nothing in these Terms shall make you joint venturers, employees, agents, or other representatives of Multitaskr, and you will not make any representations which would state or suggest otherwise.

17. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or such similar links as may be designated by Multitaskr, you accept the terms and conditions of these Terms. You further acknowledge that in doing so, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Multitaskr website. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

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