Referral Agent Agreement

In consideration of the mutual benefits of this agreement, Progressive Communications Management, Inc. and ______, agree to the following:

  1. Progressive Communications Management, Inc. Duties:
  1. Progressive Communications Management, Inc. will provide Progressive Communications Management, Inc. services to companies referred by ______provided that Progressive Communications Management, Inc. services are available in the area for which services are desired and facilities are available for connection to the Progressive Communications Management, Inc. agent networks.
  2. Progressive Communications Management, Inc. will supply monthly reports to ______that identify users and their individual and total monthly charges.
  3. Progressive Communications Management, Inc., and the companies they represent, will render account statements monthly to individual users. All monies due from users for services and products provided by Progressive Communications Management, Inc. are the property of Progressive Communications Management, Inc..
  1. ______Duties:
  1. ______will actively identify and promote Progressive Communications Management, Inc. to its customers.
  1. Referral Commissions Payable to Partner:

Progressive Communications Management, Inc. will pay ______a percentage of net commissions earned by Progressive Communications Management, Inc.. Commissions will not be paid on accounts over 60 days past due. If Progressive Communications Management, Inc. pays a commission for a user’s account that is later determined to be uncollectible by Progressive Communications Management, Inc. an appropriate amount will be deducted from the following month’s commission.

With each payment Progressive Communications Management, Inc. will provide ______with a statement summarizing the computation of the amount paid. ______will have sixty (60) days after receipt of the Progressive Communications Management, Inc. statement to inform Progressive Communications Management, Inc. of any disagreement with the accuracy of the statement. If ______fails to inform Progressive Communications Management, Inc. of any disagreement with the accuracy of the statement within sixty (60) days, any disputes or disagreements shall be deemed waived.

  1. Term

The initial term of this agreement shall be for one (1) year from the date stated below. This agreement shall automatically renew from year to year for one (1) year intervals unless either party gives notice to terminate at least thirty (30) days prior to such annual renewals.

If this agreement is not renewed, or if the agreement is terminated for any reason, Progressive Communications Management, Inc. shall have the right to continue providing services and products to the customers procured by or through ______without obligation to Referral Agent.

  1. Termination

Upon written notice by either party of the other party’s failure to abide by its duties under this agreement, the defaulting party shall have thirty business days (30) to remedy such deficiency; and, in the event such deficiency is not corrected, the non defaulting party may terminate this agreement upon thirty days (30) written notice. Either party may terminate this agreement for any reason without further obligations to said party, other than a default, on thirty days (30) written notice to the other party.

If this agreement is terminated because of ______‘s default, payment of commissions by Progressive Communications Management, Inc. will immediately cease effective as of the day of the default.

  1. Independent Contractor Status

Neither party is authorized or empowered to act for or represent the other. Both parties agree not to do or allow any act, which would imply apparent authority on the part of such party to act for the other. Referral Agent will be responsible for the payment of any federal, state or local income or occupational taxes, FICA taxes unemployment compensation or worker’s compensation contributions for any employees of the referral agent.

  1. Limit of Liability and Indemnification:

Both Progressive Communications Management, Inc. and ______agree that they will indemnify and hold each other harmless from and against any and all loss, claim, damage and expense (including reasonable attorney’s fees) arising out of the agreement or our of any claims by any member of ______or other third party in connection with this agreement and the service(s) provided by Progressive Communications Management, Inc.. Referral Agent shall not solicit any existing Progressive Communications Management, Inc. customers for the purpose of converting such account to a competitor of Progressive Communications Management, Inc.. This provision will exist for one year (1) after termination of this agreement.

  1. Notice:

Any notice appropriate or required to be given under this agreement shall be delivered by certified or registered U.S. Mail, return receipt requested, as applicable:

To Progressive Communications Management, Inc.

ATTN: David Weisenberg or Bob Matthews

7820 Peters Road

Suite E-103

Plantation, Florida 33324

To ______

(Address)

  1. Progressive Communications Management, Inc. Assignability:

This agreement may be only be assigned in writing by Progressive Communications Management, Inc. to any successor.

  1. Modification:

This agreement may not be modified, or amended, except upon the execution of a written agreement, signed by all parties. Progressive Communications Management, Inc. does reserve the right to add alternative vendor, change commission structure on thirty days (30) written prior notice.

  1. Entire Agreement

This agreement constitutes the entire agreement between the parties and supercedes all prior and contemporaneous agreements of the parties in connection herewith. The parties acknowledge that they have not been induced to enter into this agreement by any representation or promise not specifically stated in this agreement.

  1. Choice of Law:

This agreement shall be governed by the laws of the Commonwealth of Florida and the parties hereby agree and consent to have any dispute hereunder adjudicated in the Court of Common Pleas of Broward County Florida or Federal Court for the Eastern District of Florida.

______Progressive Communications Management, Inc.

(Referral Agent Name)

______

SignatureSignature

______

(Print Name)(Print Name)

______Partner

(Title)

______7820 Peters Road, Suite E-103

(Street Address)

______Plantation, Florida 33324

(City, State, Zip Code)

Date:Date:

Tax ID Number ______

Or

Social Security Number ______

Referral Agent Commission Levels

Referral Agents will receive commission payments based on levels of actions performed. Network Commission revenues received by Progressive Communications Management, Inc. during the term of this agreement from the carrier for all network related services (Data, Voice, IP) on contracts originated by Referral Agent. Equipment sales will be commissionable based on Invoice – Cost = Net Margin.

 Level One Commission Plan

Responsibilities of Agent

Refer Customer to Progressive Communications Management, Inc.

Make formal introductions of all parties

Level One Commission Percentage is 25 %.

 Level Two Commission Plan

Responsibilities of Agent

Gather Bills and Contact Information

Assist in Sales Presentation

Handle Basic Customer Service

All responsibilities of Level One

Prepare Proposal

Prepare Paperwork

Get Paperwork signed

Responsibilities of Progressive Communications Management, Inc.

Assist in Customer Service

Implement Service Changes

Level Two Commission Percentage is 50 %.

Check the appropriate commission level and initial at the bottom

Initial ______