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Referral Partnership Policy

Last Updated: Feb 22th, 2024

Please read the following Terms and Conditions carefully. LitExtension reserves the right to cancel the agreement between LitExtension and the Referral Partner in case of violating the terms and conditions below.

1. Qualified Referral Partners
  • Partners refer brands/store owners to LitExtension. This brand/store owner needs store data migration services. These referrals are hereinafter referred to as Brand referrals.
  • Partners refer other agencies to LitExtension. These referrals are hereinafter referred to as Agency referrals.

The agency is a company specializing in e-commerce website development, store design, UX/UI design, e-commerce consultancy, and related services.

Brand/Agency referral: Any direct or referred client is in any stage of project discussion with Referral Partner and has never had any kind of current contact or ongoing service order with LitExtension before. LitExtension is responsible for informing Referral Partner if the Brands/Agencies are already in the current discussion with LitExtension before the start of the project or if its company is in the LitExtension database.

2. Authorization

LitExtension hereby appoints Referral Partner, Referral Partner shall introduce and promote LitExtension services to Brand/Agency willingly. After receiving referral information or introduction, LitExtension’s team will follow up with the referrals at their own initiatives.

3. Obligations

The Referral Partner shall be responsible for the introduction of LitExtension services. Furthermore, the Referral Partner shall provide LitExtension with the details about the promotions, customer details, and other necessary information required by LitExtension in a timely manner.

Neither party shall by way of statement, act, or omission, discredit or reflect adversely upon the reputation of or the quality of the other party or the products or services provided by the other party.

4. Commission Structure

Brand referrals:

  • Partner referring brands to LitExtension will receive a 10% commission of the All-in-One project revenue.

Agency referrals:

  • Partner referring other agencies to LitExtension will receive a 20% commission on the first project implemented by LitExtension in collaboration with the referred agency.
5. Out Of Scope

In case Referral Partner is also eligible for other active partner programs and incentives with LitExtension at the time of referral, only the 01 commission option could be selected by the referral partner.

6. Methods to record the referral commission

6.1. LitExtension will provide a form to record the referral information, the Referral Partner needs to fill in some basic information in THIS FORM

6.2. LitExtension will keep track of all the referral information, in case referrals paid for LitExtension services, LitExtension will email the Referral Partner via registered email for confirmation.

The LitExtension partnership team (email [email protected]) will be responsible for the information confirmation. 

7. Payment Process
  • From the 1st to the 5th business day of the month T+1 (T: month that LitExtension receives full payment from the client) both parties shall carry out detailed reconciliation to finalize the number of transactions and the commission amount LitExtension shall pay to the Referral Partner. 
  • On the 10th business day of month T+1, LitExtension shall send detailed reports and reconciliation minutes to the Referral Partner. The Referral Partner shall verify the received information, and send the Payment Request to LitExtension as the basis for commission payment.
  • LitExtension is responsible for paying 100% of the reward amount to the Referral Partner no later than 90 (ninety) days from the time that the referral paid in full. LitExtension can send the payment earlier than the due date. In case of overdue payment due to force majeure, LitExtension shall explain the reason for late payment in a reasonable manner and be approved by the Referral Partner.
  • LitExtension is not liable for covering any fees associated with refunds issued to customers by LitExtension. In the event that a referral’s refund request is approved by LitExtension within 90 days from the date of purchase, the corresponding reward for the Referral Partner will be deducted from the month T+1 reward amount.
  • LitExtension supports payment via PayPal.
8. Copyrights

All property rights, including without limitation all copyrights, patent rights, trade secrets, know-how, and other intellectual property rights to any materials, text, documents, booklets, manuals, references, guides, drawings, designs, specifications, software, source code, formula, data, process, method, technique or any other recorded information created, developed, prepared or conceived by LitExtension related to the performance of this Agreement or the LitExtension brand, including all such developments as are originated or conceived during the term of this Agreement but completed or reduced to practice thereafter, shall remain the exclusive property of LitExtension.

9. Confidentiality

To such information, the party to whom the information is disclosed and its employees, consultants and other agents shall:

  • Hold the information in confidence and protect it by the security measures with which it protects its own proprietary or confidential information
  • Restricts disclosure of the information solely to those employees, consultants, and other agents with a need to know, and not disclose such information to any other person
  • Advise its employees, consultants, and other agents with access to the information of their obligations concerning the information
  • Use the information only in connection with the terms of this Agreement, except as may otherwise be agreed to by the parties in writing
10. Termination

Without prejudice to any other rights, LitExtension may terminate this agreement and payment at any time if the Partner fails to comply with the terms and conditions of this agreement. 

If the Referral Partner continues using LitExtension services after the termination of this agreement, the Referral Partner agrees that this may result in legal consequences to prevent its further use. The Referral Partner will have to pay all costs (including but not limited to reasonable attorney fees) to enforce LitExtension’s revocation of the license and for any damages suffered by LitExtension due to the misuse of  LitExtension services.

11. General

11.1. Governing Law; Dispute Resolution.

11.1.1. Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, (“Dispute”), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute”). If an Initial Notice of Dispute is being sent to LitExtension it must be emailed to [email protected] and sent via mail to:

Attn: Legal Department LitExtension

Lilama 10 building, 10th Fl., 56 To Huu Str., Nam Tu Liem Dis. Hanoi, Vietnam, 100000

Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute may subsequently be resolved in a court of law as set forth below.

11.1.2. Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, REFERRAL PARTNER AGREES TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA. IN ANY DISPUTE, CALIFORNIA LAW SHALL APPLY.

11.1.3. Construction and Joinder. THIS AGREEMENT MUST BE CONSTRUED AS IF IT WAS JOINTLY WRITTEN BY BOTH PARTIES. BOTH REFERRAL PARTNER AND LITEXTENSION AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

11.1.4. Injunctive Relief. Notwithstanding the above provisions, LitExtension may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11.2. Compliance with Laws and Policies. In connection with its performance under this Agreement, Both Parties agree to comply with all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, the exportation of technical or personal data, and anti-corruption laws.

11.3. Notice. Any notice under this Agreement shall be given in writing and shall be deemed effective to the party to be notified: (a) upon confirmed receipt by personal delivery; (b) one (1) business day following deposit for delivery with any internationally recognized overnight courier; or (c) three (3) business days after deposit with U.S. certified mail. Notice shall be addressed to each party at the location specified on the signature page to this Agreement (as may be updated by either party upon written notice to the other).

11.4. Entire Agreement. This Agreement constitutes the complete agreement between the parties to this Agreement and supersedes all previous agreements or representations, whether written or oral, with respect to the subject matter set forth herein.

11.5. Amendments; Waiver. Except for the updating of Exhibits by LitExtension as stated herein, this Agreement may not be modified except in writing duly executed by the parties. Any waiver must be in writing and signed by the party claimed to have waived.

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