GreatTalent.com

Talent Terms & Conditions

Referral Commission Agreement

THE PARTIES TO THIS AGREEMENT ARE:

Agent: Gregg Opper Design (GreatTalent.com and other websites)

Talent: Member signing up for service

Whereas the Agent may from time to time refer potential customers to the Talent for a referral fee.

The Parties agree to the following:

1. COMPENSATION: The referral fee shall be paid by Talent to Agent :

15% commission of the gross contract amount* for speeches, engagements, training programs, products or other services purchased by clients up to $5,000.  *not including any taxes or expenses charged to client at cost.

25% commission of the gross contract amount*  for speeches, engagements, training programs, products or other services purchased by clients at or over $5,000. *not including any taxes or expenses charged to client at cost.

Payable in full to Gregg Opper Design upon Talent receiving partial or full payment from client.

2.     TERM: The term of this Agreement shall be for a period of one (1) year, which will automatically renew for one (1) year terms unless terminated by either party.

3.    REFERRAL METHODS: Placement of advertisements and referral methods for the Talent are at the sole discretion of the Agent. However, in order to solicit sales, the Agents shall not make promises or issue any warranty either expressed or implied pertaining to the goods or services offered by the Talent unless authorized in writing by the Talent to do so.

4.    TRADEMARKS: The Agent may make use of the Talent's trademarks for the sole purpose of promoting the Talent's goods or services. Any such use shall be in accordance with the Talent's trademark policies. It is expressly understood that this referral agreement does not grant the Agent any interest in the Talent's trademarks or any other intellectual property rights.

5.    RELATIONSHIP: The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the Agent position itself as affiliated to the Talent, except as an independent referrer. In view of this independent relationship the Agent shall not enter into any agreements on behalf of the Talent, shall make no warranty either expressed or implied on behalf of the Talent and shall not incur any expenses on behalf of the Talent.

6.    EXCLUSIVITY: This referral agreement does not grant exclusive rights to the Agent to act as referrer on behalf of the Talent and the Agent shall have no rights under any other agreements entered into by the Talent with other Agents.

7.    CONFIDENTIALITY: The Agent agrees not to disclose any confidential information pertaining to the Talent's goods or services nor that of prospective or existing customers to any third party. The Agent may do follow-up enquiries with its referred customers to confirm their purchase and to gather feedback about their experience with the Talent's goods or services as supplied.

8.    TERMINATION: Either party may terminate this referral agreement at any time by giving the other party ten (10) days prior written notice. Upon termination by either party all outstanding referral fees due to the Agent at that time shall be settled in full within thirty (30) days.

9.    INDEMNIFY: Each party shall indemnify, defend and hold the other party (and any other relation to the other party) harmless against any and all claims of whatsoever nature arising from misrepresentation, default, misconduct, failure to perform or any other act related to this agreement.

10.    SOLE UNDERSTANDING: This Agreement is the entire and sole agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements, understandings and communications, whether oral or written. Talent understands and agrees that this Agreement is entered into solely with Agent, and that except as expressly provided herein, it shall neither be binding on nor in any other way affect Agent or any or its subsidiaries or affiliates not a party hereto. Any alteration must be in writing and signed by both parties.

11.   APPLICABLE LAW . This contract shall be construed under and according to the laws of the State of California, and venue for all disputes arising pursuant to the rights and duties created by this agreement shall be San Diego, California.

BY CLICKING ON  "ACCEPT" OR "REGISTER" OR USING OUR ONLINE SERVICES, YOU ARE AGREEING TO THIS REFERRAL COMMISSION AGREEMENT (THIS "AGREEMENT"). CLICKING "ACCEPT" OR "REGISTER" OR LOGGING ON CONSTITUTES YOUR LEGALLY BINDING SIGNATURE. YOU SHOULD EXIT NOW IF YOU DISAGREE WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT.

TERMS OF USE

By using this site and/or submitting your original work or material to this site you agree to the terms and conditions of use listed below.

SUBMISSIONS

GreatTalent.com is not obligated to actively moderate the user-submission sections of the web site but we do reserve the right to do so. GreatTalent.com is not responsible for any postings by our users and/or indecent material. Any such material if found, will be removed. The responsibility for such postings and/or material falls solely on the user posting it. Please respect other on-line users and use courtesy and follow the guidelines below at all times.

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

Note that it is impossible for the staff or the owners of this site to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

ADVERTISING

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

GUIDELINES

1. Do not post indecent material, including pornography. GreatTalent.com is not responsible for such content. The responsibility of such material falls on the user posting it.

2. Please refrain from spamming, SHOUTING or disrespecting others in chat or in postings.

3. Please refrain from flaming, harrassing or making obscene comments to other users or in general.

4. Do not post off-topic information.

5. Do not use this site for advertising your product, business or site(s), etc. Unless in an area specifically set aside for that purpose.

GreatTalent.com will have full rights for editing and rewriting of articles and/or submissions as necessary. GreatTalent.com reserves the right to not display or post any submissions we deem inappropriate or unacceptable. No age, gender, race or geographical limitations of any sort will be imposed.

By submitting material to GreatTalent.com, you agree that GreatTalent.com can display, modify, transmit, distribute or delete your posting without needing prior or further consent from you. Submissions may be removed by GreatTalent.com at any time at our sole discretion. Authors who submit their works, material, artwork, graphics, ideas or content to us retain their copyrights, but grant GreatTalent.com world wide, royalty-free, non-exclusive right to reproduce and distribute their submitted material in printed form or by any other medium either now known or hereinafter devised, and forego any payment or compensation for the submitted material. They also certify that this material (written and photos) is their own original material (unless otherwise stated) and does not violate any copyrights. All submissions will be considered.

COPYRIGHT

All content, graphic design, artwork and layout are Copyrighted by Gregg Opper Design (GO Design), all rights reserved, unless otherwise noted.

TRADEMARK

GreatTalent.com and respective logos are trademarks of GO Design.

Other GO Design product or service names or logos referenced in the GO Design Web site are either trademarks or registered trademarks of GO Design. The absence of a product or service name or logo from this list does not constitute a waiver of GO Design’s trademark or other intellectual property rights concerning that name or logo.

All other products and company names mentioned in the GreatTalent.com Web site may be trademarks of their respective owners.

DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GreatTalent.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GreatTalent.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GreatTalent.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GreatTalent.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained in this web site is subject to change without notice.
Copyright © 1998-2009 Gregg Opper Design - All rights reserved.
Gregg Opper Design, PO Box 502383, San Diego, 92150, USA.