Lead Referral Program Overview
This program provides customers and others with a way to share potential ERP software business opportunities and be rewarded with a percentage of the software sale.
Terms and Conditions
The following Terms and Conditions set forth the terms and conditions under which Visibility Corporation administers its lead referral program. By submitting a lead through this website you are agreeing to all of the following terms, conditions and notices. If you do not agree to any of the terms, you should not submit any leads.
1. Program Term
The Lead Referral Program may be canceled by Visibility Corporation at any time, for any reason, with or without notice. Any lead submitted before cancelation will be honored.
2. Commissions
Referrer shall receive commission on all software purchased by Approved Leads (as defined in paragraph 4). The commission percentage or flat fee amount shall be sent out in a separate written agreement. If paid as a percentage of the sale, the commission amount will be determined by the gross amount of the software sale less all costs related to third-party software and/or hosting. In the event the purchase includes any non-commissionable items lumped into the software price, such items will be separated for accounting purposes and commission paid only on the software portion.
No commission will be payable for custom software, software retainer (support and upgrade fees), consulting, training, installation, hardware or third-party software.
3. Payment of Fees and Commissions/Returns
All commissions due under these Terms and Conditions shall be paid within 21 days following receipt of such payment from the Approved Lead.
4. Approved Leads
All sales leads must be submitted over the Internet at the following link: www.visibility.com/about-us/lead-referral-program. Visibility Corporation will then review the lead to determine whether or not they have identified the company already as a prospect. If they have, the lead will be rejected with an explanation of how and when Visibility became aware. Otherwise, the lead will be approved by a Visibility Corporation representative and Referrer will be notified. Visibility Corporation retains exclusive and final authority to determine whether a lead is approved.
All Approved Leads will be valid for a period of one year. If no sale has resulted from an Approved Lead after one year, it will no longer be considered an Approved Lead and no commission will be due referrer.
All sales leads submitted to Visibility Corporation shall be exclusive to Visibility Corporation. In the event it is determined that the lead was given by referrer to any other competitor or competing product, no commission shall be payable.
5. Miscellaneous
A. These Terms and Conditions shall be governed by the Laws of the Commonwealth of Massachusetts, without regard to its rules governing conflicts of laws. You expressly consent to the jurisdiction and venue of the State and Federal Courts in Massachusetts for all disputes arising out of or relating to the Visibility referral program.
B. If any portion of these Terms and Conditions are determined to be or become unenforceable or illegal, such portion shall be deemed eliminated to the extent of its invalidity and the remainder shall remain in effect.
C. Customer is solely responsible for all local, state, and federal taxes on any amounts paid to you. Any US citizen receiving a payment of more than $600 in any calendar year will be required to submit a Form W-9 to Visibility Corporation in order to comply with IRS reporting requirements.
D. Referrer is and shall remain at all times an independent contractor of Visibility Corporation and nothing in this Terms and Conditions shall be deemed to create a joint venture, partnership or employment relationship between the parties. Neither party has the right or authority to create or to assume any obligation or responsibility on behalf of the other except as expressly provided in this Terms and Conditions.
E. These Terms and Conditions may not be modified unless in writing and signed by an authorized representative of Visibility Corporation.
6. Liability Disclaimer
VISIBILITY CORPORATION MAKES NO REPRESENTATIONS REGARDING AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION SUBMITTED THROUGH THIS SITE OR THE RESULTS OBTAINED ON A REFERRED LEAD. IN NO EVENT SHALL VISIBILITY CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OBTAINED THROUGH THE REFERRAL PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY ADVANCED AND REGARDLESS OF WHETHER OR NOT VISIBILITY CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Contact
If you have any questions regarding these Terms and Conditions or the Lead Referral Program in general, you may contact us at marketing@visibility.com