Client Referral

The first part of the sales process. This entails sourcing, engaging, qualifying, and presenting prospects (potential clients) to Launch Lab. This is not an affiliate program whereas you would only be responsible for providing traffic or flat referrals with little to no interaction or simply passing along contact information. The Freelance Sales program differs in the way that you are responsible for not only sourcing the prospect but also for engaging them, qualifying them, and guiding them to the services and solutions that you believe are in their best interest. You are also responsible for presale engagement, marketing, as well as setting up and facilitating all sales calls. Client Referral has a onetime commission payout that is described in the Payment Terms section of this agreement.

Ongoing Client Account Management

The second part of the sales process. Ongoing client management takes over once the sale is complete, all contracts have been completed by the client, and payment is processed and/or ongoing billing has been set up. Ongoing client account management entails being the general point of contact for clients as well as being the “Switch Board Operator” or contact point who collects, communicates, and connects the client with the current information, person, or provider to help them with their needs. You are not responsible for any of the work related to what the client has purchased or engaged the company to do, but are responsible for being the conduit of information transfer in both directions. We believe that this helps our clients gain a single point of contact for all of their needs and helps build a connected relationship which in turn extends the ongoing lifecycle of client retention. This set up also allows for you the direct opportunity to earn more through ongoing upsells and new product sales. We have found that often the first one to three months of the client relationship are the most time intense as your role is to communicate the clients project initiatives and collect information needed to complete their project, however we have found that a successful onboarding and project launch leads to better long-term client retention and future purchases. Ongoing Client Account Management earns ongoing payouts for the life of the service or product, paid out on the schedule per which the client has subscribed, and to whomever is currently managing the client account. Ongoing payment examples and payment terms are described in the Payment Schedule & Terms section. Client account management payment eligibility is defined in the Eligibility Conditions section of this agreement.

Payment Schedule & Terms

Referral Payouts

Normal referral payouts will occur on the commission payout date of the month following the month the client made payment in and will be paid to the referring freelancer on the 28th of the month or the closest business day if the 28th falls on a weekend or any day that US banks are not open.

Example A: Referred client signs up for services and pays in full on July 31st. Referral commission is earned by referring freelancer and will be paid in full on August 28th.

Example B: Referred client signs up for services and pays in full on August 1st. Referral commission is earned by referring freelancer and will be paid in full on September 28th.

Ongoing Account Management Payouts

Ongoing commission payout timing are determined by the frequency paid by the client. Generally our services and solutions fall into either monthly or annual packages.

Monthly Services

• Payouts on monthly subscriptions or services will be paid on the 28th of the month following the the month that client made first payment for the service and will continue to be paid monthly for the life of the service and will be paid to the Freelancer actively managing the account per the terms below.

Annual Services

• Any service with an annual subscription or contract were as the resulting commission is equal to or less than $250 will be paid in full the on the 28th of month following the client payment completion date.

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Example A: Client signs up for annual service and pays in full on July 31st. This results in a commission equal to $248 for the Freelancer. Freelancer will be paid full commission amount of $248 on August 28th.

• Any Service or solution that results in a commission that will be greater than $250 will be paid as follows. Twenty five percent of the total commission will be paid on the 28th of the month following the client payment completion date and the remaining seventy five percent (75%) will be paid in eleven monthly payments over the course of the year.

Example B: Client signs up for annual service and pays in full on July 31st. This results in a commission equal to $2,400 for the Freelancer. Freelancer will be paid twenty five percent of total commission $600 on August 28th and then will receive $163.64 for the remaining eleven months of the client contract and will be paid to active freelancer managing account. Payout schedule will repeat in instances of renewal.

Eligibility Conditions

Freelancer and Individual Sale qualifiers that must be meet for commission to be considered earned and scheduled for payout.

1. Freelancer must be fully onboarded (w9 completed, background screen completed, sales center training completed), active, and in good standing.
2. Client and account information associated to the sale must be entered and complete in the Launch Lab CRM. Access provided upon completion of onboarding
3. Client has signed and completed all contracts and/or agreements in relation to the sale.
4. Client has made payment in full or has set up payment on file for automatic ongoing payments and made first payment. All payments must have cleared Launch Lab bank before commission is considered earned.
5. For ongoing payments - service/solution is currently active on client account, Payment is current and not passed due, solution is not in a free trial period, and/or service has been paid in full through future termination date.
6. Client has not requested to work with someone else and not work with you specifically as part of their account.* (see Section the Fine Print for details)
7. Freelancer has completed all after sales requirements.
8. E.G. completed sales submission forms, taken appropriate steps to collect relevant information from client, scheduled client kickoff call or has tracked attempts to schedule call with client in Launch Lab CRM, has provided client with any information relevant to the services client has purchased.

*Payment to Freelancer will not be held in cases where client does not timely supply information or does not schedule kickoff call as long as Freelancer has made good faith efforts to collect information or schedule calls.

Freelance Contract Terms & Conditions

NATURE OF RELATIONSHIP.

1. Independent Contractor Status.
2. The relationship of the parties under this agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created in or by this agreement. Neither party may assume or create obligations on the other party's behalf, and neither party may take any action that creates the appearance of such authority.
3. Launch Lab is free to modify, terminate, or discontinue this program at anytime and for any reason.
4. The Freelancer is responsible for their own tax reporting, insurance, personal safety, transportation, time management, phone, and any other items tied to being an independent contractor.
5. Launch Lab is not responsible for expenses or expense reimbursement. Any extenuating circumstance that may occasionally fall outside of this policy must be approved in advance of expense being incurred and does not constitute an amendment to continue to incur this expense ongoing. Extenuating circumstance is solely at the discretion of the Launch Lab executive team and approval is an unlikely event.

CONFIDENTIAL INFORMATION.

1. Confidentiality. During the Term, the Contractor may have access to or receive certain information of or about Launch Lab, Launch Lab Executives or Employees, Launch Lab business partnerships, Launch Lab services, Launch Lab products, Items Launch Lab may white label or resell under the Launch Lab brand,  and/or information related to Launch Lab Clients and their business practices that Launch Lab designates as confidential, would be considered confidential by the a common peer or someone with average understanding of the nature of the information they are privy to through ongoing relationships either with Launch Lab or its Clients or that, under the circumstances surrounding disclosure, ought to be treated as confidential by the Freelancer ("Confidential Information"). Confidential Information includes information relating to the Launch Lab or its current or proposed business, financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, employees, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, and other confidential information, provided orally, in writing, by drawings, or by any other media. The Contractor will treat the Confidential Information as confidential and will not disclose it to any third party or use it for any purpose but to fulfill its obligations in this agreement. In addition, the Contractor shall use due care and diligence to prevent the unauthorized use or disclosure of such information.
2. Exceptions. The obligations and restrictions in subsection (a) do not apply to that part of the Confidential Information:
3. was or becomes publicly available other than as a result of a disclosure by the Freelancer in violation of this agreement;
4. was or becomes available to the Freelancer on a nonconfidential basis before its disclosure to the Freelancer by the Launch Lab, but only if
5. the source of such information is not bound by a confidentiality agreement with the Launch Lab or is not otherwise prohibited from transmitting the information to the Freelancer by a contractual, legal, fiduciary, or other obligation; and
6. the Freelancer provides Launch Lab with written notice of its prior possession either
7. before the effective date of this agreement or
8. if the Freelancer later becomes aware (through disclosure to the Freelancer) of any aspect of the Confidential Information as to which the Freelancer had prior possession, promptly on the Freelancer so becoming aware
9. is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed. However, the Freelancer shall:
10. provide Launch Lab with prompt notice of these requests or requirements before making a disclosure so that the Launch Lab may seek an appropriate protective order or other appropriate remedy; and provide reasonable assistance to Launch Lab in obtaining any protective order. If a protective order or other remedy is not obtained or Launch Lab grants a waiver under this agreement, the Freelancer may furnish that portion (and only that portion) of the Confidential Information that, in the written opinion of counsel reasonably acceptable to Launch Lab, the Freelancer is legally compelled or otherwise required to disclose. However, the Freelancer shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded any part of the Confidential Information disclosed in this way; or
11. was developed by the Freelancer independently without breach of this agreement.
12. Remedy. Money damages may not be a sufficient remedy for any breach of this section by the Freelancer and, in addition to all other remedies, the Launch Lab and or an Effected Client may seek (and may be entitled to) as a result of such breach, specific performance and injunctive or other equitable relief as a remedy.

OTHER ACTIVITIES.

1. Freelancer is free to engage in other independent contracting activities, obtain gainful employment, and work when and how they see fit, with exception that the Freelancer may not accept work, enter into contracts, or accept obligations inconsistent or incompatible with the Freelancers ability to retain their clients under their management through Launch Lab, or be retained in any way by any of Launch Lab's past or present Clients. The Contractor is required under this agreement to inform the Launch Lab if any client attempts to retain their services outside the scope of the Launch Lab's current agreement with the Client in a timely manner. Timely manner being defined as the next time you are able to send a confidential email, or make a confidential call and not more than 3 business days out from incurrence.

INDEMNIFICATION.

1. Of Launch Lab by Freelancer. At all times after the effective date of this agreement, the Freelancer shall indemnify Launch Lab and its subcontractors, officers, members, managers, employees, owners, sublicensees, affiliates, subsidiaries, successors, and assigns (collectively, the "Company Indemnitees") from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) (collectively, the "Claims") that any Company Indemnitee may incur and that arise from:
2. the Freelancer's negligence or willful misconduct arising from the Freelancer's carrying out of its obligations under this agreement;
3. the Freelancer's breach of any of its obligations or representations under this agreement; or
4. the Freelancer's breach of its express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If a regulatory body or court of competent jurisdiction finds that the Freelancer is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Freelancer's own actions, the Freelancer will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Freelancer or Launch Lab resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Freelancer's earnings if the Freelancer had been on the Launch Lab's payroll and employed as a Launch Lab employee.
5. Of Freelancer by Launch Lab. At all times after the effective date of this agreement, Launch Lab shall indemnify the Freelancer and its officers, members, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors, and assigns (collectively, the "Contractor Indemnitees") from all Claims that the Contractor Indemnitees may incur arising from:
6. Launch Lab's operation of its business;
7. Launch Lab's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or
8. Launch Lab's breach of any of its obligations or representations under this agreement. However, Launch Lab is not obligated to indemnify the Freelancer if any of these Claims result from the Freelancer's own actions or inactions.

FORCE MAJEURE.

1. A party will not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
2. notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
3. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.

GOVERNING LAW.

1. Choice of Law. The laws of the state of Colorado govern this agreement (without giving effect to its conflicts of law principles).
2. Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Denver, Colorado.
3. Attorneys' Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys' fees.

AMENDMENTS.

1. No amendment to this agreement will be effective unless it is in writing and signed by both parties and Launch Lab signature must be by an active company partner.

SEVERABILITY.

1. If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

THE FINE PRINT

* In rare instances where the client requests to continue working with Launch Lab but no longer wants to work with you, a hold will be placed on any potential future unearned payments tied solely to the effected account, will place the client under someone else for on going management. Launch Lab will work with you to transition the client to someone else in an attempt to retain the client and begin our internal review process.  Along with any commissions already earned which will be paid in full on their normal schedule there is usually a period of split commission where you will continue to receive a portion of the ongoing commission. The percent of ongoing commission and time period you receive this split for are be determined by various factors. These instances will be reviewed case by case by the Launch Lab team and items such as the longevity of the account, reason given by client for wanting the change made, and any other relevant factors will be reviewed and taken into consideration when making this determination. If this occurs more than once in a twelve month period or any instance is determined to be negligent, sever in nature, blatantly against the best interest of the client or Launch Lab, illegal, and/or against good common sense practices and is due to your actions, choices, poor judgement or other willful acts, then your ability to remain part of the program will be immediately revoked and you will no longer be eligible for ongoing commissions, referral commissions, or to sell any solutions or services provided by or through Launch Lab. 

IN WITNESS WHEREOF, by their respective signatures below, the parties have caused this Agreement and to the attached Standard Commission Statement to be duly executed and effective as of the Effective Date which is equal to the date the Agreement is signed by the final of both parties.