ATL MUSIC LESSONS

Referral Program Terms of Use

Hey there, ATL Music Lessons studio member! This contract is an Referral Agreement (hereinafter “Agreement”) used by ATL Music Lessons ("Company") to allow parties to promote Company’s monthly in-studio instrument and voice lessons in exchange for an Referral commission on accredited sales. This Agreement is between Company and the party agreeing to the terms and conditions in order to promote on behalf of Company (hereinafter “Referrer”).

1. Promotion

Referrer may promote Company’s programs however they see fit provided they do so within any parameters set by Company either in this Agreement or within any of promotion resources provided to Referrer. Referrer also agrees to promote the programs with integrity and to not make any misleading statements to induce sales or otherwise violate any laws within Referrer’s jurisdiction. Referrer may not run ads on any platform to direct referrals to the studio at any time for any reason.

2. Compensation

Company will compensate Referrer with two (2) 100% discounted lessons (hereinafter “Commission”) for each sale made from Referrer’s referral. Tracking of these sales is automatically done by Company’s marketing system. Referral understands they will be compensated only for sales tracked through Company’s systems and associated with Referrer’s name. Referrer will earn a one-time Commission of two (2) 100% discounted lessons applied directly to Referrer’s subscription, equal to 50% of the cost of one (1) month of in-studio guitar/piano/ukulele/voice lessons in a month with 4 lesson days (hereinafter “Program” or “Programs”). Referrer understands that Company may update this commission structure at any time and that Commissions earned after such updates will be at those updated percentages.

3. Referral Period

Referee must be a studio member for a full two (2) month period before Referrer is compensated (hereinafter “Referral Period”) in accordance with the terms above in Section 2 and Section 5.

4. Chargebacks

Referrer further agrees that Company shall have the right to collect back from Referrer any Commissions paid to Referrer that were refunded due to chargebacks or any extenuating circumstances causing a refund during the Referral Period.

5. Payouts

Company will compensate Referrer in the month after the referral period expires. For example: If Referee signs up for lessons starting on May 15, Company will compensate Referrer by discounting two (2) lessons from Referrer’s August subscription payment. Company will compensate Referrer all at once after the referee has taken two (2) full months of consecutive lessons. Compensation will be applied in the form of two (2) 100% discounted lessons from Referrer’s existing studio subscription. 

6. Promotion Materials

Company may provide Referrer with graphics, email, web, or social copy, and other templates (hereinafter “Materials”) for Referral to use in the promotion of the Programs. The Materials may include design elements proprietary to Company. Company grants Referral a revocable, non-exclusive license to use the Materials solely in relation to their efforts promoting the Program under this Agreement.

7. Cancellation

Company may cancel this Agreement at any time. Company may remove any Referrer links, and Referrer agrees to cease any further promotion or use of the Materials.

8. Force Majeure

Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Referrer understands that they are an independent contractor, and that they are responsible for their own taxes on any Commissions.

10. Severability

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

11. Liability

Referrer agrees to absolve Company of any and all liability or loss any person may suffer or incur as a result of their participation in the Referral program. Referrer agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

12. Assignment

Referrer may not assign this Agreement without express written consent of Company.

13. Modification

Company may modify terms of this agreement at any time. Company will notify Referrer by email when Company makes modifications.

14. Indemnification

Referrer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Referrer’s promotion and participation as a Referrer and related services, or violation of any terms of this Agreement, or any violation of any applicable laws, rules or regulations. 

15. Dispute Resolution

Referrer expressly waives any and all claims, now or in the future, arising out of or relating to this Agreement. To the extent Referrer attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Decatur, GA.

16. Waiver

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

17. Article Headings

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

18. Sole and Only Agreement

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.

Last Updated: March 24, 2024