KBKG & CostSegregation.com Referral Program Agreement
Thank you for applying to participate in CostSegregation.com Referral Program (the “Program”). To be eligible, you must review and accept the terms of this Referral Agreement (the “Agreement”).
By submitting an application and/or participating in the Program, you agree to be bound by this Agreement.
This Agreement is entered into between KBKG, LLC., a California corporation, and CostSegregation.com, (collectively, “KBKG”, , “we”, “our”, or “us”) and you (“you” or “your”). Each may be referred to as a “Party” and together as the “Parties.”
1. Referral Program
KBKG provides tax advisory and cost segregation services accessible at www.costsegregation.com.
The Program allows approved partners to refer potential clients to KBKG’s software products as outlined in schedule A of this agreement (“Product”) using a unique referral link or other approved referral method (the “Referral Link”).
2. Modification
We may modify this Agreement at any time in our sole discretion. Updates will be posted or communicated to you.
Your continued participation in the Program constitutes acceptance of any modifications.
3. Approval to Participate
Participation is subject to approval at our sole discretion.
You may be required to submit:
- An application
- Website URLs or marketing channels where referrals will be promoted
Approved channels are referred to as your “Site.”
We may revoke approval at any time.
4. Referral Link
You will be provided with a unique Referral Link or tracking method to identify referrals.
5. Referral Fees
You may be eligible to receive a one-time referral fee (“Referral Fee”) for each qualified referral that:
1. Is not an existing client of KBKG or CostSegregation.com
2. Engages CostSegregation.com for services through your Referral Link
3. Completes a paid purchase within a defined qualification period
4. Meets all eligibility criteria communicated by us
Each qualified referral is a “Referred Client.”
Referral Fee amounts, eligibility requirements, and payment structure may be updated at our discretion.
You are responsible for all applicable income taxes.
6. Payments
Referral Fees will be paid directly by KBKG or through a designated third-party payment platform.
We reserve the right to:
- Withhold payments for non-qualified referrals
- Reverse payments made in error or due to fraud
We are not responsible for third-party payment platform delays or failures.
7. LicenseWe grant you a limited, revocable, non-exclusive, non-transferable license to use:
- Referral Links
- KBKG and CostSegregation.com brand assets (“Brand Elements”) Solely for promoting the Program.
All goodwill generated from Brand Elements belongs exclusively to KBKG and CostSegregation.com.
8. Site Compliance
We may monitor your Site(s) for compliance.
If non-compliant, we may require corrections or revoke approval immediately.
9. Usage Guidelines
You must comply with branding and usage guidelines.
Failure to comply within five (5) business days may result in termination.
Content Rights
- Company retains the right to reuse any content that is created under the terms of this agreement for marketing purposes in perpetuity.
- Company has the right to review and approve content referencing the Company to ensure proper representation of the partnership.
- The Company may provide content recommendations and guidelines to assist the Influencer and set standard practices.
10. Reporting
We may request reports regarding:
- Use of Referral Links
- Marketing activities
- Traffic or engagement data
You must provide requested reports within seven (7) days.
11. Client Relationship
All services are governed by KBKG and/or CostSegregation.com client agreements.
You are not a party to client engagements.
12. Marketing Activities
You agree to comply with all applicable laws, including:
- Advertising laws
- Anti-spam laws (e.g., CAN-SPAM Act)
You are solely responsible for obtaining required consents.
We may require you to stop any marketing activity at any time.
13. Disclosure
You must clearly disclose your relationship with KBKG and CostSegregation.com in all promotions.
14. Prohibited Activities
You may not:
- Use non-approved Brand Elements on unapproved Sites
- Misrepresent your relationship with KBKG or CostSegregation.com
- Promote illegal, misleading, or offensive content
- Engage in fraudulent or deceptive practices
15. Term and Termination
This Agreement begins upon acceptance and continues until terminated.
Either Party may terminate with fourteen (14) days’ notice.
We may terminate immediately if:
- You breach this Agreement
- Fraud or misuse is suspected
- Our brand may be harmed
Upon termination, all rights granted to you will cease immediately.
16. Representations and Warranties
You represent that:
- You have authority to enter this Agreement
- You will comply with all applicable laws
All services are provided “as is” without warranties.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COST OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
18. Indemnification
You agree to indemnify and hold harmless KBKG and CostSegregation.com from any claims arising from:
- Your breach of this Agreement
- Your marketing activities
- Violation of laws or third-party rights
19. Confidential Information
You agree to keep confidential all non-public information received.
You may only use such information to perform under this Agreement.
20. Miscellaneous
a. Independent Contractors
Each party is acting as an independent contractor and not as an agent, partner or joint venture with the other party for any purpose. Except as provided in this Agreement, neither party shall have the right, power or authority to act or to create any obligation, express or implied, on behalf of the other.
b. Assignment
You may not assign this Agreement without written consent.
c. Entire Agreement
This Agreement represents the entire understanding between the Parties.
d. Severability
Invalid provisions will not affect the remainder of the Agreement.
e. Notices
Notices must be sent via email to designated contacts.
21. Governing Law
This Agreement is governed by the laws of the State of California, United States.
22. Company Information
KBKG,. LLC
225 S Lake Ave, Suite 400
Pasadena, CA 91101
IN WITNESS WHEREOF, the Parties agree to the terms of this Agreement as of the date of acceptance..
Schedule A
KBKG’s Software suite, including but not limited to: