Agency Referral Terms and Conditions

1. Referral Eligibility

If your referred client, contracts with Fospha directly, you are eligible for:

• A 10% referral fee based on cash received by Fospha from the client (excluding any taxes) for duration of the first 12 (twelve) months of the contract.
• Payment is eligible quarterly, on cash received in that period.

If your referred client, onboards via a funded partner deal for the first 6 months, you are eligible for:

• No referral fees are paid during the funded period, months 1-6.
• 10% referral fee is eligible for the duration 12 months post-funded period, months 7-18.
• Payment is eligible quarterly, on cash received in that period.

2. Payment Terms

Agency Responsibility:

• The agency is responsible for raising an invoice to claim their referral fee, reminders will be sent out once quarterly by Fospha to their point of contact.

Invoice Requirements:

• Invoices must include all required information and will be paid within 30 days of receipt.
• Invoices must be sent to: accounts@fospha.com
  
• CC: stephanie.lewis@fospha.com
• Invoices must include the following:
  • Name of the brand referred

Payment Timing:

• Payment is eligible quarterly, based on cash received from the paying client in that period
• From notification agencies have 3 months in which to invoice, once notified.

3. Conditions for Payment

• Eligibility Period: Referral payments are only applicable while the referred brand remains a customer of both Fospha and the referring agency.
• New Business Only: Referral payments are only applicable for net new referrals; i.e., Fospha must not already be in discussions with the brand at the time of referral.
• Company Payments Only: Referral payments will only be made to the referring agency’s registered company; payments will not be made to individuals.
• Invoice Window: Agencies have a 4-month window in which to invoice for their referral fee, after which period the referral agreement is void.
• Minimum Contract Value: While there is no minimum contract value required for direct referrals, if the brand moves to a $0 contract for any reason (i.e., no fees are being paid or a partner holds fund at any point), referral fees will cease.
• Termination of Relationship: If the brand or agency terminates the contract with Fospha within the referral fee period, the agency is only eligible for 10% on cash received up to that point.

4. General Terms

• Amendments: Fospha reserves the right to amend or terminate the referral scheme at any time.
• Disputes: Any disputes regarding referral payments will be resolved at Fospha’s discretion.
• Taxes: Agencies are responsible for any applicable taxes on referral payments.