HKC CONSTRUCTION REFERRAL PROGRAM

Registration Process. To be eligible for the Program, the Referring Party will register with HKC Construction by completing the referral form. The Form must be completed in full and must be received and acknowledged by HKC Construction prior to the Customer entering into a Construction Agreement with HKC Construction.

Existing Customers/Partner employees etc. Customer referrals for customers that are then-currently customers of HKC Construction, or with whom HKC Construction is then-currently negotiating, will not result in Fees being earned or accrued.

Referral Fees. Should the Referring Party refer to HKC Construction one of its customers (the “Customer”) then, subject to paragraph 4 below, HKC Construction shall pay to the Referring Party a referral fee (the “Fee”). The Fee amount is to be negotiable and agreed upon in writing for each successful referral.

Condition of Referral Fee Payment.

1. The Referring Party acknowledges and agrees that the Fee is earned only upon the successful execution of a definitive Construction Agreement between the Customer and HKC Construction. For clarity, no Fee is earned or payable for introductions or negotiations that do not result in a fully signed Construction Agreement officially awarding the project to HKC Construction.
2. Any Fees payable to Referring Party shall be paid over the course of the project and shall follow a similar payment structure (and proportion) as provided in the Construction Agreement.
3. In the event that the Construction Agreement is terminated by any party for any reason, the application of the Program to that Customer shall be null and void. In the event that the Fee has already been paid, the Referring Party shall return in full any Fee payment received. If there are multiple referring parties for the same project, only the earliest dated submission of the Form will be eligible.

Taxes and Duties. Referring Party will pay all sales, use, withholding and other taxes, duties, or fees imposed by any applicable laws and regulations as a result of the payments it receives under this Program.

Term. This agreement shall terminate upon the expiry of 365 days from the date of execution.

Expertise. The Referring Party acknowledges that HKC Construction is a professional construction company and will defer to HKC Construction’s expertise.

Representation. The Referring Party is an independent contractor and may not claim to be a representative of HKC Construction or bind it to any contractual terms. This Program does not establish any relationship of partnership, joint venture, employment, franchise, or agency.

Disclosure. Should the Referring Party be obligated by a professional designation or other agreement to disclose the receipt of a referral fee, the Referring Party shall undertake to disclose the same to the Customer. HKC Construction is not responsible for any failure to comply.

Confidentiality. Referring Party shall keep in strict confidence the contents of this agreement and shall not disclose its contents to anyone, except where required by law or the disclosure requirement in paragraph 9.

Entire Program. This Program constitutes the complete and exclusive understanding and agreement between the Parties regarding its subject matter.

Notices. All notices and consents required under this program must be in writing and sent to the proper parties.

Termination of Program. HKC Construction reserves the right to cancel, terminate, modify, or suspend the Program at any time.