Referral Program Terms & Conditions
Partnership & Business Referral Program
Introduction
Partnership Opportunity
These Terms and Conditions ("Agreement") govern the participation in the Referral Program ("Program") offered by Startups Venture ("The Developer") and are subject to acceptance by the participating Business/Referrer ("Participant").
Our referral program is designed to create a win-win partnership where both parties benefit from successful collaborations and long-term client relationships.
Eligibility
The Program is open to all Business/Referrer ("Participants") interested in participating, subject to meeting our partnership criteria and signing the required agreements.
Participants must maintain good standing and comply with all program requirements to remain eligible for commission payments and program benefits.
Commission Structure
Generous Commission Model
For every referred customer who subscribes and maintains an active monthly/yearly subscription with Startups Venture, the Participant will receive a commission equal to one-tenth (10%) of the subscription fee.
The commission applies to all active subscriptions referred by the Participant and is not limited to specific products or services offered by Startups Venture.
The Participant will continue to receive the commission as long as the referred customer maintains an active subscription with Startups Venture.
In the event that a referred customer cancels their subscription, the Participant will no longer receive commissions for that specific subscription.
Payout Schedule
Commissions will be paid on a monthly/yearly basis based on the type of subscription, within 7 days after the end of each month/year.
Commissions will be paid via electronic transfer or check to the Participant's designated account.
Both parties agree to promote the referral program through their respective marketing channels, including but not limited to, websites, newsletters, and social media platforms.
Referral Terms
The Participant may apply a markup on the Developer's gross payment; however, this markup shall not exceed 20%. If the markup surpasses 20%, the Participant agrees to actively participate in the project activities, taking on roles such as Business Analyst or Consultant.
ProtectionFor any Developer quotations exceeding RM25,000, the 20% markup limit will not apply. In such cases, the Participant is required to assume responsibilities as a Business Analyst, Consultant, and Project Manager.
Premium OpportunityReferral Payment Terms
Referral fees will be calculated based on the Developer's gross payment, as specified in this Agreement. Payment is contingent upon the successful completion of the project, defined as Sign-off Process.
Payments to the Participant will be made within 5 working days after Startups Venture or the Participant (in cases where the client makes payment to the Participant) receives full payment from the client for the referred project.
If the client makes payment directly to the Participant, the Participant is obligated to forward the Developer's payment within 5 working days of receiving the payment for the Developer's gross payment from the client. In such case, no referral fee will be issued.
ProtectionIn the event of project cancellation, the Participant shall not be entitled to any referral fee unless there is a pro-rata fee arrangement for work completed or milestones achieved up to the date of cancellation, provided that all other conditions of this Agreement have been met.
Referral payments are conditional upon the successful completion of the project and full receipt of payment from the client. If a project is cancelled or remains unpaid, no referral fee will be issued.
Agreement Validity
A signed Referral Agreement must be in place before the referred project commences. Referrals made without a fully executed Agreement will not qualify for any referral commission.
ProtectionProject Exclusivity
The Participant is entitled to commission only on projects initiated directly through their referral. Should the referred client have had prior contact with Startups Venture regarding the same project, no commission shall be payable to the Participant.
Confidentiality
The Participant agrees to keep all proprietary and confidential information provided by Startups Venture strictly confidential. This includes, but is not limited to, client details, pricing, and project specifications.
Breach of confidentiality may result in termination of this Agreement and legal action.
Confidentiality obligations will continue for 7 years after the termination of this Agreement.
ProtectionPayment Responsibilities
If the client makes payment directly to the Participant, the Participant is obligated to forward the Developer's payment within 5 working days of receiving full payment from the client.
The Participant agrees to provide the Developer with a written confirmation of the payment received from the client, along with the payment date, within 5 working days of receipt.
Failure to forward the Developer's payment within the stipulated timeframe will result in a late fee of 1.5% per week until the payment is made.
ProtectionThe Participant agrees to indemnify and hold Startups Venture harmless from any claims or liabilities arising from delays or failures in disbursing payments.
Non-Compete Clause
The Participant agrees not to solicit clients introduced through this referral agreement for their own services or engage in activities competitive to Startups Venture without prior written consent from Startups Venture.
ProtectionTermination
This Agreement may be terminated by either party with 30 days written notice. Grounds for immediate termination include breach of contract or fraud.
Any referrals made prior to termination will remain subject to the terms of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any legal disputes will be resolved in Contract Act 1950 and Personal Data Protection Act 2010 (PDPA).
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or other unforeseen events.
Any amendments to this Agreement must be made in writing and signed by both parties.
Quick Summary
Key Partnership Benefits
Here's a quick overview of the most important aspects of our Referral Program:
10% commission on all active subscriptions with ongoing payments for customer retention.
Up to 20% markup on developer payments with premium opportunities for larger projects.
Commission payments within 7 days of month-end and 5 working days for project payments.
7-year confidentiality, non-compete clauses, and clear payment responsibilities protect both parties.
Clear terms ensure mutual benefits with protection for prior referrals even after termination.
Governed by Malaysian law with PDPA compliance and clear dispute resolution processes.
Indefinite program duration with 30-day notice for termination and protection for existing referrals.
Mutual promotion through websites, newsletters, and social media for maximum exposure.