Climber RMS Referral Program Terms & Conditions

By filling out the form you are sending contact details of a potential new customer for Climber toClimber Revenue Strategy S.A​., a private company with limited liability with its registered office under its articles of association in Rua do Soito, Casa do Soito, Anexo A, and offices at Rua Dom Luis I, 3, 2o floor 1200-149 Lisbon, registered with the Portuguese Trade Register under number 513884157 (“​Climber​” or “​we​”) and you are agreeing to the Terms & Conditions outlined below.

Introductory provisions

Climber intends to expand its business and enlarge the market of its Products and has therefore set up the Referral Program via www.climberrms.com/referrals, so that anyone with the required networking and promotional skills may introduce Climber to new potential customers. You are about to refer a potential new customer to Climber. Climber will try to conclude an agreement between Climber and the new potential customer. Once the relevant agreement between Climber and the new customer has been concluded, you, as the referrer, are entitled to a commission.

Delivering the referral

  1. In order to be entitled to a Referral Commission, the introduction needs to be done in a qualified manner, meaning a potential new customer should not been introduced to Climber before and is not yet present in Climber’ existing lead and client database;
  2. Climber will decide on its sole discretion whether the introduction of the customer Climber was performed in a qualified manner or not;
  3. Climber shall never be obliged to conclude any agreement with any potential new customers introduced by you for a variety of reasons;
  4. In case the introduction was done in a qualified manner, Climber will notify you via email that Climber will try to conclude an agreement with the potential new customers. After this, Climber will keep you updated on the process via email;
  5. In case Climber decides the introduction of the customer was not done in a qualified manner, Climber will notify you via email that Climber will not try to conclude an agreement with the potential new customers. In this case, you will not be entitled to any remuneration of any sort from Climber. Also, Climber shall never be liable for any damages arising out in connection with not entering into an agreement with such potential customer;

 

Payment

  1. Once the relevant agreement with a new customer has been concluded for a term of at least a year, you, as the referrer, are entitled to a one-time commission payment of 7% (in words: seven percent)(referred to as the Referral Commission);
  2. In case the new customer has multiple locations and signs an agreement per location, you, as the referrer, are entitled to the Referral Commission per signed agreement;
  3. Once the relevant agreement with a new customer has been concluded, you will benotified via email. This email will include a form to claim the Referral Commission.
  4. In case the new customer has signed a monthly agreement with Climber, you will receivea form to claim the Referral Commission after 3 calendar months from the date on whichthe agreement between the new client and Climber has been signed.;
  5. Only after Climber has received a fully completed and signed copy of this form,
  6. Climber will pay the Referral Commission before the end of the following calendarmonth;
  7. You are solely responsible for deducting and remitting all income and other taxes relatedto the commission payment;

Final Provisions

  1. You are not entitled to conclude agreements with third parties in regards to Climber or its products, neither in your own name nor on behalf of Climber;
  2. You are solely responsible for all expenses incurred by you to introduce the potential new customer to Climber (including, without limitation, travel, entertainment, lodging and transportation expenses);
  3. Climber holds, or is an exclusive licensee, of all proprietary rights in all Products of Climber, as well as their design, analytical materials, testing scripts, user and technical documentation and other related materials, as may be further developed by Climber on the basis of this Agreement (“IP materials”), including copyright and other intellectual property rights. Climber retains all such rights;
  4. This T&C’s and any disputes and claims arising out of or in connection with its subject matter are governed and construed in accordance with the laws of the Portugal;
  5. Any dispute arising from or connected with this T&C’s, including one regarding the existence or validity of these T&Cs or consequences of its nullity shall be finally decided by the Arbitration Court attached to the Portuguese Chamber of Commerce by one arbitrator appointed by the President of the Arbitration Court;
  6. These T&C’s have been last updated on the 28th of May 2019.

Version Date: 28.05.2019