Referral Partner Agreement · version 2026-07-23
This Referral Partner Agreement (the “Agreement”) is entered into between bookedby (“Platform,” “we,” “us”) and the individual or entity enrolling as a referral partner (“Referrer,” “you”), and is effective upon your acceptance during enrollment. The version you accepted, and when, is recorded with your account.
“Venue” means a hospitality business that has entered into a Venue Partner Agreement with Platform.
“Referral Link” means a unique tracked URL or code issued by Platform to Referrer for one or more Venues.
“Attributed Lead” means an event inquiry attributed to Referrer under Section 3.
“Attributed Event” means a private event at a Venue that originated from an Attributed Lead and was contracted between the Venue and its guest.
“Collected Event Revenue” means amounts actually received and retained by the Venue from its guest for an Attributed Event, excluding (a) sales and similar taxes, (b) gratuities and service charges distributed to Venue staff, and (c) pass-through amounts collected on behalf of third-party vendors.
“Completed Event” means an Attributed Event that has taken place on its scheduled date and has not been cancelled.
2.1. Referrer must provide accurate enrollment information and, before any payment is made, a completed IRS Form W-9 (or applicable equivalent). Platform will issue Form 1099-NEC where required by law.
2.2. Referrer is an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship. Referrer has no authority to bind Platform or any Venue, to quote pricing, to promise availability, or to make commitments on any Venue’s behalf.
2.3. Referrer is not a party to, or a beneficiary of, any contract between a Venue and its guest.
3.1. Methods. An event inquiry is attributed to Referrer when Platform’s systems record any of the following, in descending order of precedence: (a) a form submission captured with Referrer’s code at the moment of submission; (b) Referrer’s campaign code recorded on the lead record in the Venue’s event-management system; (c) Referrer’s promo code entered on the inquiry; (d) a match between a tracked capture carrying Referrer’s code and a lead record at the same Venue with the same email address within three (3) days, corroborated by a tracked click or site visit; or (e) a manual attribution confirmed by Platform following human review of session and inquiry evidence. Less certain signals are queued for human review and are never credited automatically.
3.2. Attribution window. A click on a Referral Link establishes attribution eligibility for ninety (90) days. An inquiry submitted after the window closes is not attributable.
3.3. Last interaction controls. If a guest interacts with Referral Links of more than one Referrer, attribution is assigned to the Referrer associated with the most recent qualifying interaction before the inquiry (“last-click”).
3.4. Records. Platform’s attribution records, including the recorded method and supporting evidence, are controlling absent manifest error. Referrer may request a summary of the attribution evidence for any disputed lead. When a later competing signal arrives after an inquiry is already attributed, Platform does not silently reassign credit; the competing signal is recorded for review.
3.5. Existing leads. A lead that the Venue demonstrates was an active prospect or repeat event client of the Venue prior to attribution may be excluded pursuant to the Venue Partner Agreement. Excluded leads accrue no commission.
4.1. Rate. Referrer earns a commission equal to the commission percentage offered by the Venue, as shown on Referrer’s dashboard (typically five percent (5%) of Collected Event Revenue), for each Completed Event. The rate is locked when the referral is credited: if a Venue changes its offer later, referrals already attributed to Referrer keep the rate in effect at the time of attribution.
4.2. Conditions to earning. A commission is earned only when all of the following have occurred: (a) the event was an Attributed Event; (b) the event is a Completed Event; (c) the Venue has collected the Collected Event Revenue in full; and (d) the Venue has confirmed, or is deemed under the Venue Partner Agreement to have confirmed, the revenue figures. No commission is earned on inquiries, proposals, or contracted events that do not complete.
4.3. Adjustments. If Collected Event Revenue is reduced by refund, credit, chargeback, or renegotiation before payout, the commission is recalculated on the reduced amount. If a reduction occurs after payout, Platform may offset the overpaid amount against future commissions. Once a payout is marked paid it is final; corrections are handled as adjustments on later statements, never by rewriting past records.
5.1. Commissions confirmed in a calendar month are paid by ACH within fifteen (15) days after month end, subject to a minimum payout threshold of $50; balances below the threshold roll forward to the following month.
5.2. No payment will be made before Platform has received Referrer’s completed W-9 and valid payment instructions. Referrer is solely responsible for its own taxes.
6.1. Referrer receives compensation for referrals and therefore has a “material connection” to Platform and the Venues under the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials (16 C.F.R. Part 255).
6.2. Referrer must clearly and conspicuously disclose that connection in every piece of content that contains or promotes a Referral Link, in a manner appropriate to the medium (for example, “#ad,” “paid partnership,” or “I earn a commission if you book through my link”), placed where an ordinary viewer will notice it before engaging the link.
6.3. Referrer must comply with all applicable laws and platform rules, including CAN-SPAM and the TCPA for email and text outreach, and the disclosure tools of each social platform. Platform may suspend links or withhold unpaid commissions attributable to content that materially violates this Section until cured.
Referrer shall not:
Violations of this Section 7 involving fraud void unpaid commissions arising from the fraudulent activity and are grounds for immediate termination.
Platform provides Referrer with aggregate performance data only (clicks, inquiry counts, pipeline states, and commission amounts). Referrer will not receive guests’ names, contact details, or event details through the Platform, and shall not attempt to obtain them from Platform systems. If Referrer enables a public favorites page, Referrer is responsible for its content; Platform may remove content that is unlawful or misleading and may reclaim handles that impersonate others.
9.1. Either party may terminate this Agreement on fourteen (14) days’ written notice. Platform may suspend or terminate immediately for material breach, fraud, or legal risk.
9.2. Commissions for Attributed Events contracted before the effective date of termination remain payable when earned under Section 4, except where termination results from fraud or material breach by Referrer.
Platform may modify commission rates, the attribution policy, or these terms prospectively on thirty (30) days’ notice. Changes do not apply retroactively to events already contracted or to referrals already credited at a locked rate. Material changes are versioned, and you will be asked to accept the new version before it applies to you. Continued use of Referral Links after the notice period constitutes acceptance.
11.1. The platform and all reporting are provided “as is.” Platform does not guarantee any volume of clicks, inquiries, bookings, or earnings, and is not responsible for a Venue’s conduct of its sales process or events.
11.2. Neither party is liable for indirect, incidental, consequential, or punitive damages. Platform’s aggregate liability under this Agreement is capped at the commissions paid or payable to Referrer in the twelve (12) months preceding the claim.
11.3. Referrer will indemnify Platform and the Venues against third-party claims arising from Referrer’s content, marketing practices, or violation of Section 6 or 7.
This Agreement is governed by the laws of the State of New York, with exclusive venue in the state and federal courts located in New York County. Referrer may not assign this Agreement without Platform’s consent. This Agreement is the entire agreement between the parties regarding its subject matter.
Questions and disputes: contact the bookedby team directly.