Any individual (a “Referrer”) who enters, attempts to enter, or in any way participates in the Franchisee Referral Program (the “Program”), conducted by Sitting Made Simple Franchise Company, LLC, an Ohio limited liability company (“SMS®”), fully accepts and unconditionally agrees to accept and be bound by the terms and conditions set forth in these SMS® Franchisee Referral Program Terms and Conditions (“Terms and Conditions”) and the decisions of SMS, which shall be final and binding in all matters relating to the Program.
Eligibility.
As a condition of participating in the Program and to be eligible to receive a Referral Fee (defined below), a Referrer must agree to and comply with these Terms and Conditions and meet the eligibility qualifications. All Referrers must be individuals over the age of eighteen (18) years old. By submitting the name and contact information of a potential SMS® franchisee, you hereby acknowledge and agree that you (i) have read these Terms and Conditions, (ii) agree to be bound by its terms, (iii) have the authority to provide the contact information you are supplying, and (iv) are eligible to participate in the Program.
Submission of a Referral.
To submit a referral, a Referrer must provide the name and contact information of an individual who would be interested in opening a SMS® franchised referral and placement service agency for babysitting, child care, pet care, tutoring and other general services (a “Placement Agency”), and becoming a potential SMS® franchisee (such individual hereinafter the “Referral”) to SMS either through the [SMS Franchisee Referral Program website located at [http://sittingmadesimple.com/about.html] (the “Website”) or directly to Amanda Knapp at
[email protected]] on or before 11:59 p.m. ET on [December 31, 2018] (the “Referral Deadline”). A Referrer must also provide SMS® with the Referrer’s own contact information.
Qualifying Referral.
To be a qualifying referral, a Referral must identify by name the same Referrer who submitted such Referral’s information as the referral source in the Referral’s formal application process with SMS® on or before the Referral Deadline. Referrals for whom a Referral Fee has previously been paid, or any owner or affiliate thereof, whether the previous Referral Fee was paid to the same Referrer or any other party, are not a qualifying referral. To be eligible for the Referral Fee, the Referral must not be an existing franchisee, any investor, owner, or affiliate of an existing SMS® franchisee entity, nor any person, lead, or contact already known to SMS® through other sources. Only Referrals who (i) meet the minimum qualification for a new franchisee of a SMS® franchised Placement Agency, as determined in SMS®’s sole and absolute discretion, and (ii) are referred to SMS® at the beginning of the SMS franchise discovery process, are eligible. No Referral Fee will be paid if a Referral does not provide the name of a Referrer, if a Referral provides the name of a Referrer after the Referral Deadline, or if a Referral provides the name of a Referrer that is different from the name of the Referrer who submitted such Referral’s information.
Referral Fee.
SMS® will pay a referral fee in an amount equal to Five Thousand Dollars ($5,000) (the “Referral Fee”) to an eligible Referrer for each qualifying Referral who moves through the franchise application and approval process, enters into a binding SMS® franchise agreement, pays all associated franchise fees, and opens a SMS® franchised Placement Agency pursuant to the terms of that franchise agreement. The Referral Fee will be payable in a lump sum within thirty (30) days of the grand opening of the new SMS® franchised Placement Agency. Unless otherwise agreed to by all parties involved, SMS® will not split a Referral Fee and will pay the Referral Fee to the Referrer first identified by the Referral to SMS®. Only one Referral Fee will be paid to an eligible Referrer for a qualifying Referral, notwithstanding the number of new franchises purchased by the Referral. SMS® reserves the right to condition the payment of the Referral Fee upon the execution of a referral program agreement.
Exclusions from the Program.
Agents, brokers, and any other parties already entitled to a commission in connection with or relating to a referral or related transaction are expressly excluded from participating in the Program. A Referral may not refer themselves as the Referrer and receive the Referral Fee. Similarly, no existing SMS® franchisee (nor any investor or owner of an existing SMS® franchisee entity) is eligible for the payment of the Referral Fee upon the approved transfer or sale their SMS® franchised Placement Agency to new ownership.
SMS® Authority.
SMS® is conducting this Program and has the sole authority and discretion in its administration. SMS® has the final decision making authority on all issues and disputes arising under this Program, including but not limited to, the eligibility of a Referrer, whether a Referral qualifies for the SMS® franchise system as a potential franchisee, and payment of a Referral Fee. SMS may, in its sole discretion terminate, extend, amend, or adjust this Program at any time for any reason with or without notice. SMS® shall have the sole and absolute discretion in choosing its franchisees and determining who is eligible to become a franchisee of its system, including without limitation all Referrals. Additionally, the submission of a name of a qualifying Referral does not require SMS® in any way to contact the Referral about purchasing a SMS® franchised Placement Agency. A Referrer is not an employee nor independent agent of SMS®. A Referrer shall have no ability to bind or speak on behalf of SMS® in any capacity.
Compliance with Laws.
All Referrers agree to strictly comply with the Federal Trade Commission’s regulations that prohibit the making of any financial performance representations of any kind to any potential franchisees. Referrers hereby waive any rights to, and SMS® shall not pay, a Referral Fee to any Referrer who fails to comply with the Federal Trade Commission’s regulations regarding the sale of franchised businesses. All Referrers agree to reasonably cooperate with SMS® in complying with any federal or state filing requirements necessitated by the Referrer’s participation in this program.
Applicable Restrictions.
The Program is void where prohibited, restricted, and/or taxed under applicable law.
