Please read the following terms & conditions before joining and participating in the Sesa Properties’s Property Referral Program.
PLEASE READ THIS SESA PROPERTIES PROPERTY REFERRAL PROGRAM AGREEMENT CAREFULLY.
This agreement contains the complete terms and conditions (T&Cs) that apply to the Sesa Properties Property Referral Program (the “Program”). Carefully read these terms and conditions, which represent the Sesa Properties Property Referral Program Agreement (the “Agreement”), which is a legally binding agreement between Sesa Properties, LLP. (“we” or “Sesa Properties”) and you (“You”, “Your” or “Referrer”). The Agreement describes how both parties (“the Parties”) will work together and other aspects of our business relationship.
The Agreement applies to your participation in the Program. You must first fully and carefully read and agree to these terms before joining and participating in the program.
We may periodically update these terms. We might also choose to replace these terms entirely if the Program ends or otherwise. If we do update or replace the terms we will notify you via electronic means, such as by email or text. If you do not agree to the updated or replaced terms then you will be able to terminate in the fashion described later in this document.
The following definitions are listed in the order in which they appear in the Agreement in order to make it easier for readers to locate.
The “Program” is the Sesa Properties Property Referral Program.
“Sesa Properties” stands for Sesa Properties, LLP.
“Referrer”, “You” or “Your” mean a participant in the Program.
“Referrals” or “the Referral” are real estate properties being referred from the Referrer to Sesa Properties.
“Eligible Referral” is a referral from the Referrer to Sesa Properties that meets all of the requirements as stated below in this document.
“Referral Fee” is a one-time payment paid to the Referrer in United States Dollars from Sesa Properties for each active Referral property that the Referrer submits to Sesa Properties that is an Eligible Referral, meaning that it meets all the criteria and requirements laid out in this agreement.
“The Form” means the Sesa Properties Drive for Dollars Bird Dog Referral Sign-Up Form, described in this agreement under “Term and Termination” and located on Sesa Properties’s website webuyhomescle.com or any other online location where Sesa Properties published said form.
“The Term” means the period for which this agreement is in effect, which is detailed within this agreement.
Limitation of Liability
The Program is provided on an “as-is” and as available basis and the participation of the referrer in the Program is at the referrer’s own risk. Sesa Properties makes no representations or warranties either express or implied with respect to the Program or any service or information provided through the Program.
Sesa Properties is not responsible for any damages, injury or economic loss arising from the Referrer’s participation in the Program. Should any part of the Program cause damage or inconvenience to the Referrer or anyone claiming through the Program, the Referrer assumes responsibility and the entire costs of them.
The Referrer will indemnify and hold harmless Sesa Properties, its officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgements, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Referrer’s of any third party’s operations or use of the Program.
No Indirect Damages. To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
Eligibility of Referral Fees and Referral Fee Payouts
A referral made by the Referrer will become eligible for payout (“Eligible Referral”) if it meets all the following criteria:
- You as The Referrer joined the Program and agreed to both the terms and conditions.
- You submitted a property to Sesa Properties through the Program.
- After you submitted, Sesa Properties confirmed that the property was not already submitted by another referrer in the program AND that Sesa Properties did not already have the property in their database. In other words the referral that you submit must be unique (novel) and this has to be confirmed by Sesa Properties.
- Sesa Properties will make every effort to buy the property referred to Sesa Properties by You, the Referrer. The ability for the company to buy the Referral will depend on several factors, such as asking price, condition and level of repairs needed, the seller’s willingness to sell said property, etc. There is no guarantee that the Referral property will be able to be purchased by Sesa Properties. In this case the Referral will not be a “Eligible Referral” and the Referrer will not receive payout for that Referral. A referral is not eligible for payout unless it is successfully closed and deed transferred from seller to either Sesa Properties or their assignee.
- Sesa Properties will make every effort to close on the property referred by You, the Referrer to Sesa Properties, through purchasing the house or legally assigning its contractual rights for the Referral property to an assignee. The ability for Sesa Properties, or it’s assignee to close and transfer deed on the Referral property is not guaranteed. In other words, there is no guarantee that the Referral will close and transfer deed. It will depend on several factors, many outside the control of Sesa Properties. These include any and all conditions stated in the real estate contract for the Referral property, the seller’s willingness to sell Referral property, a force majeur, inability of Sesa Properties or assignee to obtain funds necessary to close property, etc. The Referrer understands that there is no guarantee that the Referral property will successfully close and transfer deed to Sesa Properties or its assignee. In this case the Referral will not be a “Eligible Referral” and the Referrer will not receive payout for that Referral. A referral is not eligible for payout unless it is successfully closed and deed transferred from seller to either Sesa Properties or their assignee.
Eligible Referral Fees
The Referrer is entitled to receive a one-time payment of $500.00 United States Dollars (“the Referral Fee”) for each active, Eligible Referral property that the Referrer submitts to Sesa Properties that is closed and deed transferred (an “Eligible Referral”).
Referral Fee Payments
Sesa Properties will pay Referrer the Referral Fee within 7 business days (Monday – Friday) after the Referral Property successfully 1. closes, 2. deed transfers to Sesa Properties or its Assignee, and 3. funds are successfully transferred from buyer to seller.
All Referral Fee payments will be payable in United States Dollars only. Payments will be made through Paypal or Zelle. The Referrer agrees that they are required to sign up for one or both of these programs to be able to receive the Referral Fee. The Referrer is responsible for correctly setting up an account with Paypal and/or Zelle and providing the account information to Sesa Properties. The Referrer agrees that incorrect set up of these payment systems or misinformation or incorrect information resulting in funds being sent to the wrong account are not the responsibility of Sesa Properties, and that if funds are deposited into the wrong account they will not be deposited into an additional account for any single Referral Fee. The referrer agrees that it is Your responsibility to set these accounts up correctly and that doing so incorrectly may result in not receiving the Referral fee if it is deposited by Sesa Properties, at no fault of Sesa Properties, into the account given by You and is not able to get the funds back successfully. If the Referral Fee is paid through Zelle and your bank does not offer Zelle, You acknowledge that the weekly maximum transfer to you is capped at $500 as per Zelle limits (not Sesa Properties’). As such, You agree that if your Referral Fees are over $500 for any given week they will be deposited in consecutive weeks.
Term and Termination
Referrer’s acceptance of the terms and conditions of this Agreement shall be evidenced by the Referrer’s submission of a completed Sesa Properties Drive for Dollars Bird Dog Referral Sign-Up Form (the “Form”), provided, however, that this Agreement shall not be effective unless and until Sesa Properties has accepted Referrer into the Program. The term of this Agreement will begin upon Sesa Properties’ acceptance of the Referrer into the Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Referrer is only eligible to earn Referral Fees on Eligible Referrals occurring during the Term (including all steps and requirements required for a transaction to be an Eligible Referral under this Agreement. In the even that an overpayment or erroneous payment is made by Sesa Properties, Referrer agrees to promptly remit such excess or erroneous payment upon notification by Sesa Properties. These terms shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.
Relationship of Parties
The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties of this Agreement. Referrer will have no authority to make or accept any offers or representations on Sesa Properties’ behalf. Referrer will not make any statement, whether online, over the phone or in person that reasonably would contradict anything in this section.
In addition, You as the Referrer, understanding that you are an independent contractor only, and not in any fashion an employee, partner, or representative of Sesa Properties, understand that you are responsible for any of your actions and that Sesa Properties will not be held liable for your actions.
No Guarantee of Success or Compensation For Your Participation in the Program
Sesa Properties has made all efforts to represent the Program truthfully, fully, and honestly to prospective Referrers. You understand and agree that your ability to earn Referral Fees are dependent on your level of effort as well as the Referral being an Eligible Referral as defined by all requirements in this agreement. Further, the Referrer understands and agrees that there is no guarantee that You will earn Referral Fees by joining and participating in the Program.
Training and Support
Sesa Properties may make available as part of the Program various resources for training purposes. You agree that you will participate in any such training or read any such training or informational materials. You also understand that we may change or discontinue any or all parts of the Program benefits or offerings at any time without notice. You acknowledge that Sesa Properties is not obligated to train You or any individuals that you use to help find Referrals.
The Parties represent to another party as the provider and receiver of confidential information in the course of the term of this agreement and for a period of three years thereafter, and thus both parties undertake confidentiality obligations and liabilities. Neither party shall disclose the information of the owner, unless the disclosure is allowed by a written agreement signed by the two parties nor there is clear evidence that proves the information is publicly known.
Any claim relating to Sesa Properties, LLP’s web site or the Program shall be governed by the laws of the State of OH without regard to its conflict of law provisions.
Force Majeure: Neither party will be responsible for failure or delay of performance if caused by a force majeure: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Compliance with Applicable Laws: You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public.
Severability: If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Notices: Notice will be sent to the contact addresses set forth here, and will be deemed delivered as of the date of actual receipt. The contact address may be changed by giving the other party notice.
Sesa Properties, LLP, 158 N. Carpenter Rd, Brunswick, OH 44212, USA, Attention: Sesa Properties LLP
To You: notices will be sent to the address that you provided upon joining the program until and unless changed by You with proper notice.
We may give electronic notices specific to you by email to your e-mail address(es) on record. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
Authority: Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.