Terms And Conditions
RECITALS
“Creativedrop Inc, is a company that specializes in ADU and home renovations services, is dedicated to assisting California homeowners and property owners in the development of Accessory Dwelling Units (ADUs) and improving their homes. These services encompass the entire project construction process, covering aspects such as property and homeowner eligibility, design services, permitting oversight, and the role of a general contractors.
Creativedrop Inc. intends to engage the services of the Representative to promote and sell the Company’s Design and Construction services to property owners.
The Representative is eager to market the Creativedrop Inc’s design and construction services to property owners, and both parties are committed to complying with the terms and conditions set forth in this Agreement.
As such, the parties hereby agree as follows:
APPOINTMENT OF REPRESENTATIVE
Creativedrop Inc appoints the Representative as a non-exclusive authorized representative for the marketing and promotion of Company’s design and build services within the state of California The Representative acknowledges that this appointment does not grant exclusive territorial rights, and Creativedrop Inc. retains the prerogative to engage additional representatives for the purpose of promoting and selling services to property owners within the Territory.”
REPRESENTATIVE RESPONSIBILITES
The Representative shall diligently use commercially reasonable efforts and their necessary skills to promote and market the sale of the Creativedrop Inc’s architectural and construction services within the designated Territory throughout the term of this Agreement. These marketing and promotional activities are primarily intended for residential real estate owners. The Representative’s responsibilities include introducing the Creativedrop Inc’s design and build services to potential customers and referring them to the Company.
The Representative is not authorized to enter into contracts with customers on behalf of the Creativedrop Inc or otherwise bind the Company, except as expressly provided in this Agreement. The Representative is prohibited from providing proposals or estimates to any customer or potential customer regarding architectural and/or construction services or projects. Furthermore, the Representative is not allowed to extend any warranties or make representations, warranties, or claims related to the Creativedrop Inc’s architectural and/or construction services without the Company’s prior written approval.
Before disbursing the Referral Fee (as defined below) to the Representative, and as a condition precedent for the Representative to receive a Referral Fee for the Creativedrop Inc’s sale architectural and construction services to a customer under a relevant customer agreement, Creativedrop Inc reserves the right to verify that the customer was indeed referred to the Company by the Representative. Verification methods may include, among other things, confirming with the customer that the Representative introduced Creativedrop Inc to them or requesting that the Representative provide written evidence, which must be reasonably satisfactory to Creativedrop Inc, to confirm that the customer was referred by the Representative to the Company.
Nothing in this Agreement, nor any other provision, obligates the Creativedrop Inc to offer or sell any of its products or services or to complete any transaction with a prospective customer referred to the Company by the Representative. Creativedrop Inc retains full discretion concerning the terms and conditions, including pricing, under which it offers its products and services to its customers.
COMPENSATION
The Representative will be entitled to a Referral Fee of One Thousand dollars ($1,000) for each sale of architectural services Creativedrop Inc gets, which encompass the design, permitting, for a customer’s property. The Representative will be entitled to a Referral Fee of One Thousand Five Hundred dollars ($1,500) for each sale of construction services Creativedrop Inc gets which encompass ADU or house renovation on a customer’s property. This compensation will be considered earned when the customer, referred by the Representative, signs an Agreement with the Creativedrop Inc for the design, permitting, and/or construction of the ADU or home renovation, referred to as the “Signing Date.” The compensation will be disbursed to the Representative within sixty (60) days from the Signing Date. Creativedrop Inc. will determine the mode of payment, which may be through electronic online money transfer or a bank transfer, at the time of payment. If any compensation remains unredeemed for 30 days, the Creativedrop Inc may, at its discretion, decide whether to reissue the compensation payment.
REPRESENTATION WARRANTIES
The Representative affirms and guarantees to Creativedrop Inc the following: (a) The Representative possesses complete authority and capability to enter into and fulfill their responsibilities under this Agreement, and (b) upon execution and delivery by the Representative, this Agreement will stand as a legally sound, legitimate, and binding commitment, enforceable against the Representative in full accordance with its provisions.
TERM
The term of this agreement is a project by project basis only. The Agreement will come to an automatic conclusion in the event of a voluntary or involuntary bankruptcy petition being filed or upon either party becoming insolvent.
INDEMNIFICATION
The Representative is responsible for indemnifying, defending, and protecting Creativedrop Inc, along with its stockholders, directors, officers, and employees, against any and all losses, liabilities, claims, suits, demands, causes of action, complaints, damages, judgments, penalties, and associated costs, which may encompass reasonable legal fees and expenses. These arise from or are a consequence of the Representative’s violation of any clause in this Agreement, or any acts of negligence or willful misconduct by the Representative.
CONFIDENTIALITY
In no circumstance and at no point should the Representative divulge any of Creativedrop Inc trade secrets, confidential information, methods, or systems employed by the Company in its operations to any individual. Any and all information of various kinds, such as pricing, processes, data, lists, reports, and any other materials shared with the Representative during their engagement with Creativedrop Inc., shall be considered as confidential information and must be treated with the utmost confidentiality by the Representative. This obligation of confidentiality will remain in effect even after the termination of this Agreement. Any confidential information, brochures, or marketing materials held by the Representative must be promptly returned to the Creativedrop Inc. upon the Agreement’s termination.
INDEPENDENT CONTRACTOR
This Agreement does not establish a partnership, joint venture, agency, employer/employee, or any similar relationship between the Creativedrop Inc and the Representative. If the total compensation meets or exceeds Six Hundred Dollars ($600) in a calendar year, the Representative will be recognized as an independent contractor, and Creativedrop Inc should have a completed W9 form on file for them. Creativedrop Inc is not obligated to withhold any amounts for state or federal income tax or FICA taxes from the payments due to the Representative under this Agreement. The Representative is not considered an employee of Creativedrop Inc and is not eligible to participate in any of Creativedrop Inc plans, arrangements, or benefits related to pensions, stocks, bonuses, profit-sharing, or other benefits provided to Creativedrop Inc. employees.
SEVERABILITY
Should a court of competent jurisdiction declare any term or provision of this Agreement as invalid, illegal, or unenforceable, such a ruling will not impact the validity or enforceability of any other terms or provisions in this Agreement, nor will it render the term or provision invalid or unenforceable in any other jurisdiction. In the event that a term or provision is found to be invalid, illegal, or unenforceable, the court may amend this Agreement to achieve the original intent of the parties as closely as possible, allowing the transactions outlined herein to be carried out to the greatest extent feasible, as originally intended.
NO THIRD-PARTY BENEFICIARIES
This Agreement exclusively serves the interests of the parties involved, as well as their legitimate successors and authorized assignees. There is no provision within this Agreement, whether explicit or implicit, that grants any third party any legal or equitable rights, advantages, or remedies of any kind as a result of this Agreement.
DISPUTE RESOLUTION
Any disputes that arise between the parties regarding the content of this Agreement or the transactions envisioned herein will be resolved solely through a conclusive and binding arbitration process. The decision made by the arbitrator can be enforced by filing it in a court with the appropriate jurisdiction. The arbitration proceedings will take place in San Francisco, California, under the guidance of the American Arbitration Association (AAA).
RESTRICTIONS
Creativedrop Employees are not eligible to receive compensation through this referral fee program.