By indicating your agreement to these terms (for example, by clicking the button where you accept these Terms), you, in your individual capacity, represent and agree to the following. PLEASE NOTE THAT THE BELOW CONTAINS AN ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY WAIVER. YOU MAY OPT OUT AS SET FORTH BELOW.
1. HOW IT WORKS
You refer businesses to Ownly Connect, LLC. If we accept the referral and the client is funded, you receive a gift or referral compensation as described below.
2. REFERRAL COMPENSATION
- Standard Referrals: For each referral that results in a funded transaction, you may select one gift from the following options: an Apple iPad, Apple AirPods Pro, or a $500 gift card. Gift options are subject to change at Ownly Connect, LLC's discretion. One gift per funded referral. Gifts will be fulfilled within 45 days of the funded transaction.
- Negotiated Referral Fees: In certain cases, Ownly Connect, LLC may agree to pay a referral fee in lieu of or in addition to the standard gift. Any such fee arrangement must be documented in a separate written agreement or addendum signed by both parties. In the absence of a separate written agreement, the standard gift terms above apply.
- Tax Responsibility: You are responsible for any tax obligations associated with the receipt of gifts or referral fees. Ownly Connect, LLC may issue a 1099-NEC or 1099-MISC if the aggregate value of gifts and/or fees in a calendar year meets IRS reporting thresholds. You must provide a W-9 and ACH banking details before any referral fee payment.
- No Cash Equivalent: Standard gifts may not be exchanged for cash or other consideration, except where a gift card is the selected option.
3. HOW TO REFER
Submit all referrals to referrals@ownly.com. Include the business name, contact person, email, and phone. No other submission method will be accepted.
4. OUR RIGHTS
We may accept or decline any referral for any reason. No gifts or fees are owed for prospects we've engaged in the prior 18 months. If we must return fees to a client, your corresponding referral fee or gift is subject to clawback.
5. WHAT OWNLY DOES
Ownly Connect, LLC operates as a referral network coordinator. Services may be provided by Ownly Connect, LLC affiliates or third-party service providers, including but not limited to M&A advisors, lenders, finance companies, business service providers, and/or other third parties that provide business services (collectively "Service Providers"). Ownly Connect, LLC's only obligation to you is fulfillment of earned referral gifts or payment of earned referral fees. We have no liability for service delivery or quality.
6. YOUR RESPONSIBILITIES
You are an independent contracto======r, not an employee or agent. You will not make false or misleading statements about Ownly Connect, LLC or Service Providers. You will comply with all applicable laws. You will keep confidential any non-public information we share with you.
7. TERMINATION
Either party may terminate at any time by email notice. Earned but unpaid gifts and unpaid fees remain payable (subject to clawback). This is a non-exclusive arrangement.
8. OTHER AGREEMENTS
If you have a separate written referral or partner agreement with Ownly Connect, LLC, the terms of that agreement shall govern your referrals and supersede these online terms.
9. ELECTRONIC SIGNATURE AND COMMUNICATIONS CONSENT
By accepting these Terms, you consent to conduct business with us electronically. You agree that your electronic acceptance of these Terms, clicking buttons, checking boxes, or using e-signature services constitutes your electronic signature and has the same legal effect as a handwritten signature.
You consent to receive all disclosures, notices, agreements, and other communications ("Communications") related to your referral partnership electronically. We may deliver Communications via our website, email, or other electronic means.
You may withdraw consent to electronic Communications at any time by emailing info@ownly.com, though this may result in termination of your referral partnership.
10. ARBITRATION AGREEMENT
In the interest of resolving disputes in the most expedient and cost-effective manner, you and Ownly Connect, LLC agree that any dispute arising out of or relating to these Terms shall be resolved through binding individual arbitration, not in court.
You and Ownly Connect, LLC waive any right to a jury trial and to participate in class actions or class arbitrations. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Austin, Texas, unless we mutually agree to another location.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies or from seeking injunctive relief in court for intellectual property disputes.
11. OPT-OUT PROCEDURES
You may opt out of the arbitration agreement by sending written notice within 30 days of accepting these Terms to: Ownly Connect, LLC, Attn: Legal, 111 Sandra Muraida Way, Suite 100, Austin, TX 78703. The opt-out notice must include your name, address, email, and business name.
12. INDEMNIFICATION
You agree to indemnify and hold harmless Ownly Connect, LLC, its affiliates, and Service Providers from any claims, damages, or expenses arising from your breach of these Terms, misrepresentation, or unauthorized conduct.
13. LIMITATION OF LIABILITY
OWNLY CONNECT, LLC'S SOLE LIABILITY IS THE FULFILLMENT OF EARNED REFERRAL GIFTS OR PAYMENT OF EARNED REFERRAL FEES, AS APPLICABLE. IN NO EVENT SHALL OWNLY CONNECT, LLC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED THE AGGREGATE VALUE OF REFERRAL GIFTS AND REFERRAL FEES PROVIDED IN THE PRIOR 12 MONTHS.
14. GOVERNING LAW
These Terms shall be governed by the laws of Texas without regard to conflict of law principles. If arbitration is deemed unenforceable, exclusive jurisdiction shall be in the courts of Travis County, Texas.
15. CONTACT INFORMATION
Ownly Connect, LLC
111 Sandra Muraida Way, Suite 100
Austin, TX 78703
Email: info@ownly.com