This agreement sets forth the terms under which affiliates of RSI International Systems Inc. will promote RoomKey PMS for (A) $1.00 per room per month of each subscription sale and receive recurring, residual commissions for the life of each customer or (B) 10% one-time commission of each license sale.
- Parties: This agreement is between RSI International Systems Inc. ('We') a British Columbia corporation and the 'Affiliate' a natural person or business entity. This agreement sets forth the terms under which affiliates will promote RoomKey PMS (the 'Software') for $1.00 per room per month of each subscription and receive recurring, residual commissions for the life of each customer.
- Term of the Agreement: The term of this Agreement will begin upon the submission of your affiliate application and will end when terminated by either party. All affiliates must agree to this agreement in order to become an affiliate and indicate such agreement during the sign up process. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
- Affiliate ID: Once a person or a company becomes an affiliate, he/she/it is issued an 'Affiliate ID.'
- Referral Purchase Time Limit: A referred prospect must become a customer within 1 year of the referral date in order for the affiliate to be credited and start collecting commission.
- Purchase Options: The Customer may select to pay on a monthly subscription or one-time license basis.
- If Monthly Subscription: If the Customer selects to pay a monthly subscription fee, the Referring Affiliate will be paid $1.00 per room per month of the customer payment as long as the Customer continues to use RoomKey PMS and keeps their account current.
- If One-Time License: If the customer chooses to pay a one-time license fee, the affiliate will be paid a one-time commission of 10% of the value of the license and initial training fee. License value is calculated as the number of rooms x license fee per room. Initial training is a flat fee. This commission will be paid after the customer has paid RSI in full.
- Prorating: If a customer purchases RoomKey on any day besides the last day of the month, the first affiliate commission from any monthly customers will not include any prorated amount. The first commission will be credited to the account after the first full month of service.
- Payment: Payment of commissions is made by check. Checks are mailed via Canada Postal Mail once per month for referred sales during the prior month. Checks will not be issued unless the customers account is in good standing (paid in full). If a customer payment is overdue, commissions will rollover to the next month. If charge-backs occur, the affiliate commission for the respective sale will be debited accordingly.
- Income Tax: Any federal, provincial or state income tax payments are the responsibility of the affiliate.
- Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, you may terminate this agreement.
- Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
- Improper Marketing: Affiliates may not use unsolicited commercial email to promote the Software. UCE is defined as mass email sent to recipients who have not requested it (opted-in) and with whom the Affiliate has no prior relationship. Any such use may result in the termination of an affiliate account and forfeiture of any payment due.
- Miscellaneous: This Agreement will be governed by the laws of Canada and the Province of British Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the provincial courts located in Vancouver, British Columbia, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.