TERMS AND CONDITIONS
Subject to the following terms and conditions, iQ Offices will provide a Referral Fee to each person (“Referee”) for each introduction (“Introduction”) of a qualified New Member that results in the execution of a Membership Agreement.
To be eligible to participate in the iQ Referral Program, you must represent and warrant that:
all information provided to iQ Offices and to the New Member in connection with the iQ Referral Program is accurate, complete and current; and
you shall not make any representations, guarantees or warranties regarding iQ Offices, any iQ Offices’ products or services, or any of the terms or conditions of the Membership Agreement, except as expressly authorized in writing by iQ Offices; and
you will act in a professional and workmanlike manner and in compliance with all applicable laws, obligations, rules and regulations.
Qualified New Member Introductions
For any Introduction of a New Member to be deemed sufficient for the Referee to receive a Referral Fee (“Qualified Introduction”), such New Member must adhere to the following stipulations:
New Member must enter into a Membership Agreement to license the Office Suite no later than six (6) months from the date of Introduction;
New Member must not be a current or previous Member of iQ Offices;
New Member must not have previously contacted iQ Offices or otherwise been submitted by another party prior to your Introduction;
New Member must not be a subsidiary, affiliate or entity under common control of an existing Member; and
Qualified Introductions must be made by contacting an iQ Offices’ team member and providing written confirmation to the appropriate iQ Offices’ team member of:
the New Member’s contact information including company name, primary contact, phone number and email address; and
a summary of the New Member’s license requirements.
The Referee must complete a separate Qualified Introduction for each New Member per transaction and/or location pursuant to the iQ Referral Program. The Referee will not receive credit for any other transaction unless they have completed and submitted a separate Qualified Introduction identifying the applicable transaction. iQ Offices will assume that the Referee does not represent the New Member in transactions not specified by the Referee in a Qualified Introduction. Introductions that are incomplete or that do not adhere to the process outlined in these terms and conditions will not be recognized as valid by iQ Offices and will not be processed for payment of a Referral Fee. Please note that all Qualified Introductions are conditionally accepted and not fully confirmed until an iQ Offices Team member and the New Member approves and confirms the Referee’s involvement in the Qualified Introduction.
By agreeing to these terms and conditions, you hereby represent and warrant that you have obtained consent from the New Member to send the New Member’s contact information to iQ Offices in connection with your participation in the iQ Referral Program, and you believe in good faith that the New Member desires to become a member of the iQ Offices community in the location named in your Qualified Introduction. Further, to the extent required by applicable law, you will inform the New Member of our Membership Agreement.
Contact with New Member
Upon receipt of a Qualified Introduction, iQ Offices will initiate direct contact with the New Member for the purpose of confirming the Qualified Introduction unless otherwise instructed to contact the Referee first. By agreeing to these terms and conditions, the Referee hereby represents that it has obtained consent from the New Member to send the New Member’s contact information to iQ Offices for the purpose of participating in the iQ Referal Program as described herein.
Fees and Payment
iQ Offices will pay the Referee a Referral Fee for Qualified Introductions equal to the amounts outlined in Section 4 of the iQ Referral Program. Eligibility for receipt of a Referral fee is contingent on the following factors:
the Membership Agreement must be executed in full and be for a minimum term of three (3) months;
the New Member must have paid its First Month’s License Fee plus applicable taxes and Security Deposit; and
the New Member must occupy the Office Suite;
Qualified Introductions of persons or entities that previously held, but no longer hold, Office Suite pursuant to a Membership Agreement with iQ Offices (“Returning Member”), shall be treated as either a renewal, expansion, or transfer, as applicable, except that if, as of the date of any Qualified Introduction, three (3) months or more have passed since the Returning Member’s move-out from their most recent iQ Offices Suite, such Returning Member shall be treated as New Member hereunder. The policy for Returning Members applies regardless of whether a Returning Member returns to the same or a different iQ Offices location.
Referral Fees will be paid via cheque within 15 days of confirmation of paragraph 8 terms.
Special Payment Terms
In the event a New Member signs a Membership Agreement with iQ Offices that is in any way conditional or contingent on acts by any party, including, but not limited to, agreements that are conditioned on iQ Offices entering into a lease for space encompassing the relevant Office Suite, then the Referral Fee for such Qualified Introduction shall be paid within thirty (30) days from the date the Membership Agreement is no longer conditional and/or contingent on further action(s) by any party.
A Referee may be disqualified from the iQ Referee Program for reasons including, but not limited to:
submitting false leads;
providing incorrect information;
misrepresenting Referee’s relationship with New Members;
referring an entity which is a subsidiary, affiliate, or entity under common control of either the Referee or Referee’s firm or any entity in which the Referee or Referee’s firm has or shares an interest or parent entity;
misusing the iQ Offices Member network to solicit clients;
participating in or having any involvement in criminal or fraudulent activities; or
failing to comply with or breaching these terms and conditions.
A disqualified Referee is not eligible to participate in the iQ Referral Program and shall not be entitled to any Referral Fee, unless iQ Offices specifically revokes such disqualification in its sole discretion. All disqualifications are determined in iQ Offices’ sole discretion. In addition to being disqualified from the iQ Referral Program, iQ Offices may seek all rights and remedies available in equity or at law.
General Terms and Conditions
You will defend, indemnify, and hold harmless iQ Offices from and against any claim, cause of action, demand, suit, proceeding, damages, liabilities, loss, or costs, including without limitation, reasonable legal fees, made or brought against iQ Offices arising out of:
your participation in the iQ Referral Program;
any breaches of your representations, warranties, or obligations hereunder; or
the negligence or willful misconduct of you or your employees, representatives or agents.
iQ Offices will notify the Referee of any claims as soon as reasonably practicable.
iQ Offices will not be liable or obligated with respect to any subject matter of these terms and conditions or otherwise related to the iQ Referral Program or under any contract, tort, strict liability, or other legal or equitable theory, whether or not advised of the possibility of such damages whatsoever, for any special, indirect, incidental, exemplary, punitive, reliance, or consequential damages, or loss of profits, revenue, data, or use. iQ Offices’ liability shall not exceed the Referral Fee payable by iQ Offices to a Referee for a Qualified Introduction during the 6 months prior to the event giving rise to such liability.
iQ Offices reserves the right to amend or update the iQ Referral Program and these terms and conditions at any time without prior notice. Upon thirty (30) days’ written notice, or immediately upon notice in the case of an emergency, iQ Offices may, at its option, suspend or terminate the iQ Referral Program and these terms and conditions, whether worldwide or in any locations or geographic areas, as determined in iQ Offices’ sole discretion.
Referees shall use confidential information only in connection with these terms and conditions, unless otherwise authorized, instructed or agreed in writing by iQ Offices. Referees shall use best efforts to disclose confidential information only to the Referee’s representatives, employees, agents, or clients who need to know such information in connection with these terms and conditions, and Referees shall inform each such representative, employee, agent, or client of these confidentiality obligations and ensure that such parties abide by the confidentiality obligations set forth herein. Referees shall be solely responsible for any breach of these confidentiality obligations by any of its representatives, employees, agents, or clients. Referees shall treat all confidential information as strictly confidential, and will not, either directly or indirectly, use, communicate, or otherwise disseminate any confidential information to any person or entity for any purpose not permitted hereunder. Referees shall not produce or reproduce parts or components, in any form, incorporating confidential information, whether for itself or for a third party, for purposes or uses other than those permitted herein or as otherwise expressly permitted by iQ Offices in writing.
These terms and conditions, and the rights and obligations herein may not be assigned or transferred, in whole or in part, by a Referee without the prior written consent of iQ Offices. Any assignment in violation of this provision is void and without effect. iQ Offices may transfer these terms and conditions to any third party without the Referee’s consent. In the case of any permitted assignment under these terms and conditions, these terms and conditions or the relevant provisions shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.