Referral Program Terms

The program is operated by Tech Ventures USA LLC dba Shugert Marketing, 27 63rd St West, West New York, NJ 07093, United States. Questions and notices may be sent to hello@shugert.com.mx.

Participation is subject to review and written or electronic approval by Shugert. The program is intended for agencies, consultants, developers, fractional leaders, technology partners and other professionals who can make legitimate business introductions.

Shugert may approve, reject, suspend or terminate a partner account at its reasonable discretion, including for inactivity, misuse, conflicts of interest, false information, brand misuse or conduct that may harm Shugert or a referred prospect.

A referral is eligible only when the partner registers it through the approved form or portal before, or at the same time as, making the introduction; provides accurate information; and confirms that the prospect has agreed to the introduction or that the partner will make a warm introduction before Shugert contacts the prospect.

A referred client must be new to Shugert for the relevant opportunity. A referral is not eligible when the prospect is already an active opportunity, is in an active sales conversation, was introduced earlier by another source, is an existing client seeking additional work, or is controlled by the referring partner unless Shugert approves the exception in writing.

An accepted referral is protected for 180 days from registration unless Shugert confirms a different period in writing. Protection expires if no eligible engagement is signed during that period.

When more than one party claims the same prospect, Shugert will determine attribution using registration time, evidence of a genuine introduction, existing CRM history and the prospect’s account. The earliest form submission alone does not override an existing relationship or an introduction that was not authorized.

The standard commission is 20% of Eligible Net Revenue actually collected and retained by Shugert from the referred client’s first eligible engagement, subject to a maximum commission of USD $5,000 per referred client.

Only the first eligible project or, when the client begins directly with an ongoing engagement, the first month of that engagement is commissionable. A later retainer, extension, change order, renewal, additional store, affiliate, related company or separate engagement is not commissionable unless Shugert agrees otherwise in writing.

Eligible Net Revenue means amounts actually received and retained by Shugert for its own professional services under the first eligible engagement.

Eligible Net Revenue excludes sales, use, value-added and similar taxes; refunds, credits and chargebacks; discounts not funded by Shugert; advertising or media spend; software, apps, licenses, domains and hosting; hardware; travel; shipping; payment-processing fees charged through to the client; subcontractor or vendor costs identified as pass-through items; and any other reimbursable or third-party expense.

Commission is earned only after eligible funds clear and are no longer reasonably subject to immediate reversal. When a client pays in installments, Shugert may calculate and pay commission proportionally as eligible installments are collected, subject to the overall cap.

The partner must provide accurate payment and tax information and, where required, a valid invoice, W-9, W-8BEN, W-8BEN-E or other documentation reasonably requested by Shugert. Unless otherwise agreed, approved commissions are paid within 15 business days after the required documentation is accepted.

The partner is responsible for its own taxes, banking fees, currency-conversion costs and reporting obligations. Shugert may withhold amounts when required by law.

No commission is due on unpaid, refunded, credited, disputed or charged-back amounts. If commission was paid before a later refund, credit, fraud finding or chargeback, Shugert may offset the overpayment against future commissions or request repayment.

The partner must describe Shugert accurately, use current approved materials, and disclose the financial referral relationship whenever the recommendation or context could reasonably require disclosure.

The partner may not make commitments, sign agreements, negotiate final pricing, promise delivery dates, guarantee results, bid in Shugert’s name, create misleading endorsements, use deceptive advertising, send unsolicited bulk messages, or represent itself as an employee, agent, legal representative or exclusive partner of Shugert.

A referral commission may not be offered, shared or paid to an employee, officer, procurement representative, public official or other person when doing so would create an undisclosed conflict, violate an employer policy, influence a procurement decision improperly, or breach applicable anti-bribery, anti-kickback or ethics rules.

The partner must obtain any employer or client approval required for it to receive a commission. Shugert may require written confirmation and may reject or cancel a commission when a conflict cannot be resolved transparently.

The partner must share only the personal data necessary to make the introduction and must have a lawful basis to provide it. Purchased lists, scraped contacts, bulk uploads and referrals made without a genuine business basis are prohibited.

Shugert will process partner and prospect information for application review, referral administration, sales follow-up, fraud prevention, commission accounting and legal compliance in accordance with the Shugert Privacy Policy.

Participation does not transfer ownership of either party’s names, logos, trademarks, content or materials. Limited use of Shugert-approved referral materials is revocable and must stop when participation ends.

Neither party may issue a press release, publish the other party’s logo as a client or formal strategic partner, or imply endorsement without prior permission.

These Terms cover introductions where Shugert owns the client contract, invoicing, delivery and commercial relationship. White-label services, subcontracting, co-delivery, protected accounts, non-circumvention, shared delivery responsibility and reseller margins require a separate signed agreement. Nothing in these Terms creates those obligations.

The parties are independent contractors. These Terms do not create employment, agency, partnership, franchise, fiduciary duty, joint venture or authority to bind the other party. Participation is non-exclusive and carries no minimum referral or revenue commitment.

Non-public pricing, proposals, prospect information, portal information, commission records and business information received through the program must be kept confidential and used only for the referral relationship. This obligation does not apply to information that is public without breach, independently developed or lawfully received without restriction.

Shugert does not guarantee that a referral will be accepted, contacted, qualified, proposed, closed or paid. Shugert retains control over fit, scope, pricing, contracting, staffing and delivery decisions.

To the maximum extent permitted by law, neither party is liable under these Terms for indirect, incidental, special, consequential, exemplary or punitive damages or lost profits. Shugert’s aggregate liability arising from the program will not exceed the unpaid commission properly due to the partner for the specific referral giving rise to the claim. This limitation does not apply to fraud, willful misconduct or liability that cannot legally be limited.

Either party may end participation at any time by written notice. Shugert may suspend access immediately for suspected fraud, misuse, data abuse, conflict of interest, legal risk or material breach.

Termination does not eliminate a commission already earned under these Terms, but no new referral may be registered after termination. Sections intended by their nature to survive—including payment adjustments, taxes, confidentiality, intellectual property, liability, law and disputes—remain effective.

Shugert may change commission rates, caps, attribution periods, operating procedures or these Terms prospectively. Material changes will be posted or communicated to active partners. A change will not reduce a commission already earned, but it may apply to referrals registered after the stated effective date.

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. The state and federal courts located in New Jersey will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

These Terms, the applicable Privacy Policy and any written program addendum form the entire agreement for the referral program. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions remain effective. A waiver must be in writing. The partner may not assign participation without Shugert’s written consent; Shugert may assign the program in connection with a merger, reorganization, financing or sale of business or assets.