Share in the success

We want to talk with you about becoming a Referral Partner.

CONTACT INFO

* First Name:

* Last Name:

Company Name:

* Phone:

* Email:

* Address:

* City:

* State/Province:

* Zip:

Your MediaBlend Contact:

* Are you a MediaBlend Client:

* A little about you and list the products you will recommend:

MEDIABLEND REFERRAL PARTNER AGREEMENT

BY CLICKING THE "I AGREE TO THE ABOVE TERMS" BUTTON, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS RELATING TO THIS MEDIABLEND REFERRAL PARTNER AGREEMENT ("AGREEMENT").  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM "PARTNER" SHALL REFER TO SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT CLICK THE "I AGREE TO THE ABOVE TERMS" BUTTON AND CANNOT PARTICIPATE IN THE PROGRAM.  THE "EFFECTIVE DATE" OF THIS AGREEMENT SHALL BE THE DATE OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. DEFINITIONS
1.1  “Referral Program” This program is intended to reward organizations and advocates that introduce their clients, colleagues and trusted relationships to MediaBlend products and services.  It is expected the Partner has a direct relationship with or at least reasonable knowledge of the referral source and project they are submitting for approval.  The Terms of the Referral Program are outlined below and also include the frequently asked questions (FAQ) section of the Referral Program website.  This program includes and excludes the MediaBlend Products and services as outlined in 1.2, 1.3 and 1.4 below

1.2 Included “Software and Webware” - Includes MediaBlend Product license purchase or annual hosted SaaS subscription.  All Software and Webware sales are packaged with a specific License Entitlement Agreement.  This includes GoSignMeUp, GoSiteBuilder, Connecting Parents, GoBuildaSurvey and Categorical Program Monitoring (CPM).

1.3 Included “Web Design and Professional Services” - MediaBlend Services sold on a time and materials or fixed bid basis.  This includes, but is not limited to custom development; database services, web design, installation, configuration, training, initial prepaid maintenance, etc., as solely defined by MediaBlend.

1.4 Excluded Services – The following are specifically excluded and do not qualify for a referral fee.
(i) Search engine optimization (SEO) and related services.
(ii) Website hosting charges.
(iii) Any hardware, networking equipment, or other third party products or services resold by MediaBlend.  This will be determined at the sole discretion of MediaBlend and disclosed to Partner.
(iv) Any third party product, service, hardware, or other item not owned, licensed or delivered by MediaBlend, but included in a combined order.

1.5 "New Opportunity" means the first, single, fully-executed and paid order for a MediaBlend Product and/or Service that, in MediaBlend’s reasonable judgment, satisfies the following:
(i)	The order must close within nine (9) months of the referral acceptance date.
(ii) The order must be (A) the initial order by a net new client who was referred by Referral Partner and formally accepted by MediaBlend, or (B) an additional order by a pre-existing MediaBlend client for a new group of users, which additional order was independently identified and referred to Referral Partner and formally accepted by MediaBlend.
(iii)	If GoSignMeUp, the minimum initial order and payment must be least $5,000.
(iv)	If any other qualified product or service the minimum initial order must be at least $500.  In the unlikely event an order is accepted for less, the qualified referral fee percentage may be reduced.
(v)	The referred New Opportunity cannot have been previously submitted (by Partner or another partner) and cannot be one that is or was in MediaBlend active sales process at the time of the referral or during the prior 120 days.  MediaBlend reserves the right to reject any New Opportunity submitted where MediaBlend has reasonable proof demonstrating the New Opportunity is already active or if, at MediaBlend's sole discretion, the opportunity is not a business fit for MediaBlend products or services.
(vi)	The referred New Opportunity cannot be the Partner itself or a competitor of MediaBlend.  MediaBlend Management is excluded from registering or serving as Partner.
(vii) The referral must be submitted online at http://www.mediablend.com/affiliate/lead_submit.php

1.6 "Referral Fees" means payments made by MediaBlend to Partner for New Opportunities referred by Partner and accepted by MediaBlend that close and make payment.  MediaBlend in its sole discretion will calculate the net revenue received for all qualified categories.  Partner has the right to review all referral fee calculations.

1.7 "Net Revenue" means, with respect to a particular New Opportunity, the total qualified net Revenue actually received by MediaBlend for that New Opportunity at the time of their initial purchase.

1.8 "MediaBlend Service" means a qualified product or service offered by MediaBlend.  See 1.2, 1.3, 1.4 for details.

2. APPOINTMENT AND RELATIONSHIP

MediaBlend hereby appoints Partner as a nonexclusive, independent referral partner for the MediaBlend Service in the Territory, subject to the terms and conditions of this Agreement.  Partner understands that notwithstanding the use of terms such as "sell," "sales" or the like in connection with Partner's activities under this Agreement, Partner is solely an independent contractor and not a franchisee, partner, employee or otherwise, of MediaBlend.  Further, referral partner has no authority to conclude sales or commit to pricing or other terms of the MediaBlend Service or make representations, incur obligations or otherwise act on behalf of MediaBlend in any way.  In addition, any use of the term "partner" in this Agreement or in connection with this relationship shall in no way imply that Partner is engaged in a joint venture with MediaBlend or otherwise has any ownership interest in MediaBlend or in any common enterprise with MediaBlend.  Partner understands that MediaBlend may, in its sole discretion, enter into similar arrangements with other companies or firms in the Territory or elsewhere.

3. TERM AND TERMINATION

The initial term of this Agreement shall be one (1) year commencing on the Effective Date.  Thereafter, this Agreement shall automatically renew for successive one year terms.  Either party may terminate this Agreement at any time for convenience upon thirty (30) days prior written notice.  Opportunities submitted prior to the date of termination of this Agreement will qualify for Referral Fees even if the order closes after the date of termination.

4. MEDIABLEND' OBLIGATIONS

4.1 MediaBlend will pay Partner Referral Fees in accordance with Section 6.

4.2 MediaBlend will, in its sole discretion, provide product sales positioning training and materials for Partner's sales and marketing personnel through the MediaBlend partner portal.

4.3 MediaBlend shall comply with all applicable laws and regulations in its performance hereunder.

5. PARTNER'S OBLIGATIONS

5.1 Partner agrees to use good faith efforts to refer potential New Opportunities to MediaBlend and introduce MediaBlend to Partner's customers and extended professional network as appropriate.  Partner will engage in marketing and sales efforts to generate qualified New Opportunity leads for one or more MediaBlend Service and incorporate presentation of the MediaBlend Service into its sales and engagement delivery processes as appropriate and reasonable.

5.2 Partner agrees to assist MediaBlend during the sales process with customers referred by Partner upon reasonable request by MediaBlend.

5.3 Partner shall comply with all applicable laws and regulations in its performance hereunder.

5.4 Any promotional materials Partner may wish to use in its marketing and sales efforts hereunder, aside from unmodified materials supplied by MediaBlend, must be submitted to MediaBlend for its prior written approval (not to be unreasonably withheld) at least 30 days prior to use.  Partner's marketing, sales and services activities under this Agreement shall adhere to good professional and industry standards, be consistent with MediaBlend's marketing materials, and not misrepresent the MediaBlend Service in any way.

5.5 Partner shall advise MediaBlend within thirty (30) days of commencing any promotion, marketing or distribution of a new product or service that offers similar functionality to any MediaBlend Service (each a "Competing Product").  During the term of this Agreement, Partner agrees not to enter into a partnership or similar relationship with any direct MediaBlend competitor.
In no event shall Partner's marketing or sales materials or websites disparage the MediaBlend Service or compare it unfavorably to a Competing Product.  Any presentation of the MediaBlend Service together with a Competing Product, in Partner's marketing or sales materials or on its websites, shall be subject to MediaBlend's prior written approval.

6. REFERRAL FEES

6.1 Software and Webware Fee (10%) – For each Software and Webware New Opportunity referred to MediaBlend by Partner hereunder, MediaBlend will pay Partner Referral Fees in the amount of TEN percent (10%) of Net Purchase Price or first year SaaS subscription price received from the client’s initial order for that New Opportunity.  See 1.2 for definition.  Any Professional Services bundled with software or Webware purchase would be paid per 6.2, below.  MediaBlend reserves the right in its sole discretion to refuse to do business with any prospect or customer.

6.2 Web Design and Professional Services Fee (5%) - For each Services New Opportunity referred to MediaBlend by Partner hereunder, MediaBlend will pay Partner Referral Fees in the amount of FIVE percent (5%) of Net Services Revenue received from the client’s initial order for that New Opportunity.  See 1.3 for definition.   MediaBlend reserves the right in its sole discretion to refuse to do business with any prospect or customer.

6.3 Referral Fees will be paid to Partner on a calendar monthly basis.  Each payment for a given New Opportunity will be made no later than fifteen (15) days after the end of the calendar month MediaBlend actually receives and the bank clears payment from the customer for that New Opportunity.  MediaBlend will provide a summary report with each payment showing how the payment was calculated.  All Referral Fees will be paid in U.S. dollars.

6.4 Partner shall refund to MediaBlend a pro rata portion of payments (based on the appropriate rate) made to Partner for a particular New Opportunity to the extent customer payments associated with that New Opportunity are received and then subsequently refunded, by MediaBlend.  Such amount to be refunded by Partner may be offset, in MediaBlend's sole discretion, against other or future Referral Fee payments.  MediaBlend's right to a refund from Partner with respect to a particular New Opportunity shall expire ninety (90) days after the one (1) year anniversary of the subscription start date of that New Opportunity.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Each party hereby grants the other a nonexclusive, nontransferable, non-sublicensable, royalty-free license to use, in Partner's case, "MediaBlend" and associated logos and, in MediaBlend's case, Partner's company name and associated logos (collectively, "Marks"), solely in connection with each party's rights and obligations under this Agreement.  Any use of Marks must be in accordance with the granting party's reasonable trademark usage policies, with proper markings and legends, and subject to the granting party's prior written approval.  The granting party may withdraw any approval of any use of its Marks at any time in its sole discretion.  During the period of use, the licensed party shall reasonably cooperate with the granting party in facilitating the granting party's monitoring and control of the nature and quality of products and services bearing the granting party's Marks, and shall supply the granting party with specimens of the licensed party's use of the granting party's Marks upon request.  If the granting party notifies the licensed party that the licensed party's use of the granting party's Marks is not in compliance with the granting party's trademark policies or is otherwise deficient, then the licensed party shall promptly comply with such policies or otherwise as directed by the granting party.  Neither party shall make any express or implied statement or suggestion, or use the other party's Marks in any manner, that dilutes, tarnishes, degrades, disparages or otherwise reflects adversely on the other party or its business, products or services. Each party acknowledges that the other party's Marks are and shall remain Marks of the other party.  Neither party shall gain any right, title or interest with respect to the other party's Marks by use thereof, and all rights or goodwill associated with the other party's Marks shall inure to the benefit of the other party.

7.2 MediaBlend retains all right, title and interest in and to the MediaBlend Service and all documentation, training, sales, marketing and other materials supplied by MediaBlend.  No rights in the MediaBlend Service or in such materials are granted to Partner except as expressly provided herein.

8. CONFIDENTIALITY

Neither party shall use or disclose any Confidential Information (defined below) of the other party for any purpose outside the scope of this Agreement, except with the other party's prior written consent.  Each party shall protect the other party's Confidential Information in a manner similar to its own Confidential Information of like nature (but in no event using less than reasonable care).  In the event of an actual or threatened breach of a party's confidentiality obligations, the non-breaching party shall have the right, in addition to any other remedies available to it, to seek injunctive relief, it being specifically acknowledged by the breaching party that other remedies may be inadequate.  "Confidential Information" means all proprietary or confidential material or information disclosed orally or in writing by the disclosing party to the receiving party, including the terms and conditions of this Agreement, and all data of MediaBlend' customers (which shall be deemed Confidential Information of MediaBlend), that is designated as proprietary or confidential or that reasonably should be understood to be proprietary or confidential given the nature of the information and the circumstances of the disclosure; provided, that Confidential Information shall not include any information or material that:  (i) was or becomes generally known to the public without the receiving party's breach of any obligation owed to the disclosing party; (ii) was or subsequently is independently developed by the receiving party without reference to Confidential Information of the disclosing party; (iii) was or subsequently is received from a third party who obtained and disclosed such Confidential Information without breach of any obligation owed to the disclosing party; or (iv) is required by law to be disclosed (in which case the receiving party shall give the disclosing party reasonable prior notice of such compelled disclosure and reasonable assistance, at disclosing party's expense, should disclosing party wish to contest the disclosure or seek a protective order).

9. INDEMNIFICATION

9.1 Each party shall indemnify, defend and hold harmless the other party and its officers, directors, employees, agents, subcontractors and affiliates from and against any loss, damage or expense (including reasonable attorneys' fees) incurred in connection with any claims, actions, demands, suits or proceedings (collectively, "Claims") made against the other party by a third party and arising out of a breach by the indemnifying party of this Agreement (including any representation or warranty contained herein).

9.2 The party seeking indemnification shall (i) notify the indemnifying party in writing of any Claim as soon as practicable upon knowledge of same, (ii) give the indemnifying party the New Opportunity, and full and exclusive authority, to defend, settle or participate in the defense or settlement of the Claim, and (iii) provide to the indemnifying party all reasonable requested assistance (at the indemnifying party's expense); provided, however, that (a) no failure to notify the indemnifying party shall relieve it of its indemnification obligations hereunder except to the extent the indemnifying party can demonstrate detriment attributable to such failure, and (b) the indemnifying party shall not settle any Claim in a way that imposes any obligation or liability on the indemnified party without the indemnified party's prior written consent (which consent will not be unreasonably withheld).

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

10.1 EACH PARTY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ITS PRODUCTS AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ORAL OR IN WRITING, ARISING UNDER ANY LAW, INCLUDING WITH RESPECT TO VALIDITY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER UNDER TORT, CONTRACT OR ANY OTHER THEORY, EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY'S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE OF THE AMOUNTS PAID OR OWED BY EITHER PARTY TO THE OTHER UNDER THIS AGREEMENT.

11. MISCELLANEOUS

11.1 Neither party shall engage in any publicity regarding this relationship, including by means of press releases, advertising or other means, without the other party's prior written consent.  Either party may include the other's name and logo in lists of partners.

11.2 Notices shall be in writing and effective upon receipt.  Notices to MediaBlend shall be addressed to the mailing, email or fax address below.
MediaBlend, Inc. 22672 Lambert St. Ste. 613 Lake Forest, CA 92630
Toll free: 888-286-4826 local: 949.951.8701 fax: 949.951.8236 support@mediablend.com
Notices to Partner shall be addressed in accordance with Partner's registration information, as Partner may update from time to time.

11.3 This Agreement represents the entire agreement of the parties, and supersedes all prior or contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.  No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the amendment or waiver is to be asserted.  To the extent of any conflict between the body of this Agreement and any schedules or attachments hereto, the body of this Agreement shall prevail unless expressly stated otherwise.  There are no third party beneficiaries to this Agreement.

11.4 No failure or delay in exercising any right hereunder shall constitute a waiver of such right.  Remedies provided herein, except as otherwise provided, are in addition to, and not exclusive of, any other remedies of a party at law or in equity.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

11.5 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other (not to be unreasonably withheld).  Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, reorganization, or sale of all or substantially all assets or equity not involving a direct competitor of the other party.  Any attempted assignment in breach of this section shall be void.  This Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

11.6 This Agreement shall not be modified or amended except by written agreement of the parties hereto.

11.7 Each of the provisions of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, excluding its laws relating to conflict of laws.

11.8 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Orange County, CA in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered may be entered in any court having jurisdiction thereon.

* I agree to the above terms

Referral program overview

We want to reward you for introducing your clients and professional relationships to the MediaBlend products and services you can recommend with confidence.

MediaBlend will provide you a generous referral fee for the software products and services purchased and paid for by your qualified referrals. Click on any of the icons below for more product and service information.

Software and Webware Products - MediaBlend offers multiple applications that are licensed for purchase or as an annual hosted Software as a Service (SaaS) subscription. This includes GoSignMeUp, GoWebSiteBuilder, Connecting Parents Web Site Application, GoBuildaSurvey and Categorical Program Monitoring (CPM).

Web Design and Professional Services - Includes web design, custom development database services and other related T&M and fixed fee services. You can even earn referral fees for installation, training and first year maintenance services!

Sign up and fee percentage Overview:

Signing up as a Referral Partner is as easy to use as our online registration solution (GoSignMeUp) and just as rewarding. Once you are accepted, simply fill out an online referral form for the people and organizations you know intend to make a purchase decision in the next 9 months.

For every referral that results in a purchase and payment, you will earn:

10% of initial Software license or first year SaaS subscription amount
5% of the qualified Professional Services amount

It’s the most generous referral program in the business!

Referral Partner sign up process

1. One-time Referral Partner registration. Complete the following steps: A. Fill in the Referral Partner information form, read and approve the online MediaBlend Referral Partner Agreement at www.MediaBlend.com/affiliate/index.php B. A Referral Program Manager will call you to answer questions, discuss the program and help with promotional information. C. You will be notified by email of your acceptance status into the Program.

2. Submit your trusted referrals: A. If accepted, you then simply go to www.MediaBlend.com/affiliate/lead_submit.php. Fill out a lead information form for each of your trusted referrals with as much detail as possible on the opportunity. B. You will receive a reply by email within 3 business days with acceptance status. C. The referral fee is eligible for opportunities that close within 9 months from acceptance date.

3. Receive your referral fee: A. How is my fee calculated? 10% of the upfront net software license sale, plus an additional 5% of any Professional Services. Read the MediaBlend Referral Partner Agreement for all the details. B. When will I receive my fee? Upon an order placed within the eligibility period, you will be notified by email of the qualified amount. You will receive your fee after the client remits payment to MediaBlend.

Frequently asked questions:

A. Who can register for the MediaBlend Referral Program?

Any person or organization who shares our passion for the value MediaBlend Products and Services delivers its clients! Referral Partners include:

Advertising Companies
PR Firms
Internet Marketing Portals
Sales Professionals
Consultants and industry experts
Software Resellers
Event Planners
Training Managers
Educational Product Companies
Web Hosting Companies
Current Software/Web Customers
Web Developers
Non-Profit Organizations
Web Masters

B. What is a “trusted” or “qualified” referral?

The Referral Partner’s role is to evangelize the value of MediaBlend products and services to their personal and professional contacts. Sometimes these trusted relationships open opportunities to an extended network. We want you to register all quality prospects that have intent to make a purchase decision within the next 9 months, regardless of the source. If you submit a referral request from a person or organization you do not know personally, simply explain the relationship scenario in the comment field.

C. What are some examples of referrals you would reject?

While MediaBlend reserves the right to reject any referral submission for any reason, our goal is to accept all qualified referrals. Some examples of unqualified include existing or prospective MediaBlend clients already in our database. Further, please do not attempt to register random lists of company or individual names whereby you have no verifiable relationship or relevant information to document a specific and relevant opportunity.

D. Is there a minimum purchase amount to qualify?

Yes, the minimum for GoSignMeUp is an initial combined order and payment of at least $5,000. For all other opportunities, the minimum initial order and payment must be at least $500. In the unlikely event an order is accepted for less, the qualified referral fee percentage may be reduced.

E. What happens if my referral expires before the client purchases GoSignMeUp?

A referral expires 9 months from the date a New Opportunity you submit is accepted by MediaBlend.

F. I have more questions, who do I contact?

info@mediablend.com or 949.951.8701