referral & Affiliate Agreement

Last Updated on April 28, 2025

 

THIS AGREEMENT is made as of the date you join the referral program or refer a client to MerikeD Management. This agreement is between Merike Douglas, MerikeD Management LLC doing business as MerikeD Management (“Merchant”) and you(“Affiliate”) (collectively as the “Parties”).

Both parties wish to enter into this Agreement, whereby Merchant will pay the Affiliate a fee for each client referred by Affiliate to MerikeD Management LLC subject to the terms and conditions of this Agreement;

NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants, agreements, and promises set forth herein, the parties agree as follows:

Commencing as of the Effective Date of this Agreement and continuing in effect until this Agreement is terminated by either party by providing the other at least fourteen (30) days prior written notice, Affiliate may, in its sole and absolute discretion, refer clients and customers (hereinafter referred to as “Referred Clients”) to Merchant doing business as MerikeD Management.

Subject to Affiliate’s compliance with the remaining provisions of this Agreement in each case, and subject to Company’s acceptance of such Referred Clients, Merchant agrees to compensate Affiliate in accordance with Section 2: Compensation below.


Compensation: Joining the affiliate program means the Affiliate understands that MerikeD Management LLC will pay them in accordance with contracts entered into by Merchant and the Referred Client. As consideration for a Referred Client, the Affiliate shall be entitled to $100 cash value sent via Stripe or Wise when the Referred Client has booked a service. 

The referral will be paid to Affiliate within 30 days of Referred client’s first payment.

Payouts of Affiliate Earnings: All referral payouts will be made by Merchant to Affiliate via Stripe or Wise at the Affiliate’s provided payment information.

Project Acceptance: Referred Clients may be accepted or declined at the discretion of Merchant. Affiliate also is of the understanding that Merchant is under no obligation to sign on any leads or take on any projects that the Affiliate may introduce or refer to Merchant.

Confidentiality: The Affiliate will under no circumstances discuss Confidential Information as well as the details of service pricing, timeline, or referral payouts with the Referred Client. If those topics are discussed with the Referred Client, the affiliate contract can be terminated immediately and no further payments will be made to the Affiliate.

Confidential and proprietary information includes, without limitation, any technical or business information, product formulas or specifications, manufacturing techniques, process, experimental work, program, software, marketing or distribution plans, strategies or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research or business of Contractor or Contractor’s clients. Confidential information is not limited to a specific medium and can be oral, written or physical in format. (“Confidential Information”).

Ownership of Work: Affiliate acknowledges that Affiliate has no right, title or interest in or to any Services produced hereunder. Affiliate acknowledges that Affiliate will make no claim to any right, title, or interest in any of the Services created hereunder. Affiliate further acknowledges and agrees that Merchant shall own all rights, title, and interest in or to any Services produced under contract with Referred Client.  

Indemnification: Merchant agrees to defend, indemnify and hold Affiliate, its affiliated companies and its respective employees, officers, directors, trustees and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of (i) the negligence or intentional misconduct of Merchant; (ii) Merchant’s breach of any provision of this Agreement (including any representation or warranty); (iii) information, statements or materials (including any claims relating to intellectual property rights therein), prepared or provided by Merchant including, without limitation, any claims of infringement or misappropriation of copyright, trademark, patent, trade secret or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) product liability or death, personal injury or property damage arising out of, or relating to, Merchant’s products or services. Affiliate shall have the right, but not the obligation, to participate in the defense of any such actions with the counsel of its own choosing.

Affiliate shall indemnify, defend, and hold Merchant harmless from and against any loss, liability, damage, or expense, including reasonable attorney’s fees, incurred or suffered by or threatened against Merchant in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Merchant’s appearance or association with Affiliate, unless such claim arises from Merchant’s acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Merchant hereunder. 

Choice of Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Missouri without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.


Miscellaneous: If any of the provisions of this Agreement is or becomes illegal, unenforceable or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.

Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.

 Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.

IN WITNESS WHEREOF, the Parties hereto have duly agreed to this Agreement as of the day the Affiliate joins the affiliate program.