Cooker Referral Programme GTCs

According to the following rules, Herd AON Ltd (hereinafter referred to as Herd) will pay you a commission if, according to the following paragraphs, you are a suitable match for any referral of a qualified member who enters into a membership contract with Herd. To participate in this programme, you must accept these rules.

A. Suitable intermediaries

To participate in the Herd referral programme, you must have an active membership of the Production or Community category at Herd Open Kitchen. 

B. Qualified recommendation

Agents are eligible to receive a commission from Herd when they refer clients to Herd and actively represent them during the time that Qualifying Membership Agreements are being entered into with that client (as described below). When an agent refers a client through the process described below, that client becomes a "featured client". In order for this "referred client" to become a client that qualifies the intermediary to receive commission, the following must be true:

  • The featured customer must enter into one of the following membership agreements with Herd:
    • New Kid on the herd
    • Go Pro
    • Part-time
    • Full-time
    • All In
  • The conclusion of the contract must not be longer than 3 months after the last contact with the Herd Sales Team.
  • The featured client must not be a current or former member of Herd.
  • The featured customer has not contacted Herd via an event or other method within the last 90 days or has already been referred by a third party.
  • The featured client is not a sub-company, parent company, employee or affiliated with you in any way.

Furthermore, the intermediary is only entitled to receive a commission if the intermediary assists the customer in the search for a production site, as well as Herd in the negotiations with this customer. Herd may require written confirmation from you of your authority to represent the customer in the matters described above.

C. Settlement process

Submission of a contact

If you would like to recommend a contact, then simply write an email to hallo@herd.wien. The following information should definitely be included in the submission:

  • The full name of the featured client.
  • The full contact details of the featured client - including phone number and email address.
  • A description of the project and requirements of the client

Each client can only be introduced once. Incomplete introductions are invalid and do not entitle the client to a commission.

Prior to submission, you must ensure that the featured client has given you consent to introduce her to us and you must be in good faith that this client intends to become a member of Herd.

Should a client be presented by more than one intermediary, Herd will only pay commission to the intermediary who submitted first.

Contact with the featured client

After a complete submission, Herd contacts the featured client.

By accepting our Terms and Conditions, you also acknowledge that you have the right to provide the contact information of your featured customer to Herd as part of the referral programme.

The featured customer has the option to inform Herd that she is not looking for a Herd membership and/or that you do not have the authority to represent her in the search. If we learn that either of these cases applies, you will not be entitled to any commission for that featured customer and Herd reserves the right to exclude you from the referral programme.

Under no circumstances will you be entitled to present yourself as a representative of Herd or Herd's services or to make any concessions to Herd's contractual terms and membership packages without prior written agreement with us. You shall indemnify and hold Herd, its employees, partners and other related parties harmless from and against any loss, costs, damages, claims, suits, liabilities and the like arising out of any breach of the foregoing paragraph.

All information regarding offers and membership contracts and packages of featured clients or referred clients is confidential information and may not be disclosed to any third party without the written consent of Herd.

Contact information

You confirm that all information you forward to us is always complete, correct and up-to-date. 

D. Commission and payment

In order for you to be eligible for a commission under the Herd Referral Programme, you must be currently authorised to represent the featured client and no other agent may apply for a commission for the same featured client.

The amount for the commission is calculated as follows:

Mediated membership Commission intermediary Bonus new customer
New Kid on the herd 100 € 100 €
Go Pro 150 € 150 €
Part-time 250 € 250 €
Full-time 500 € 500 €
All In 1000 € 1000 €

All amounts are net.

Overpayment

If, for any reason, Herd overpays a commission - the original commission amount minus the adjusted commission amount - the referrer must immediately remit it. If you do not immediately remit the excess amount, Herd will withhold any future payments and reserves the right to exclude you from the referral programme. This right is in addition to all other remedies available to Herd.

Overpayment may occur due to the following situations:

  • Early termination of a membership
  • Early reduction of the concluded membership package to a more favourable package
  • Calculation error
  • fraudulent intentions
  • Deductions
  • Bankruptcy proceedings

Returning customers

If a referred customer cancels her membership and then re-signs for a new membership with Herd, the agent is not eligible for commission a 2nd time.

Payment

Commissions are always offset against the current membership fees of suitable intermediaries and settled at the end of the month.

By agreeing to this policy, you accept that Herd will automatically use the bank details you provide. You hereby confirm that this method of invoicing is acceptable to you. If you do not receive such an invoice, please contact us at hallo@herd.wien.

All enquiries and complaints regarding payment must be made in writing to hallo@herd.wien sent.

E. Disqualifications and warnings

Agents who violate the Herd T&Cs will either receive a warning or be disqualified from the referral programme. While a referral agent with a warning will still be able to participate in the programme, a disqualified referral agent will not be able to refer clients under the referral programme.

Warnings

Mediators are warned if:

  • a recommended customer does not pay his bills at Herd on time.
  • the agent does not return any overpayment by Herd within 30 days.

If an intermediary has received a warning, Herd will withhold all further payments to the intermediary until it has settled the overpayment or the referred client has settled its accounts. Herd has the right to offset overpaid amounts against future commission from intermediaries.

Disqualifications

Warnings will lead to disqualification at the discretion of Herd. Furthermore, these points, which are not exhaustive, will also lead to disqualification:

  • Introducing false contacts
  • Transmission of false information (contact details, etc.)
  • falsely claiming that the intermediary is entitled to represent the featured client.
  • recommending a customer with whom the intermediary is associated (subsidiary or parent company, employee, etc.)
  • fraudulent activities
  • Non-compliance with the GTCs

All warnings and disqualifications will be given entirely at the discretion of Herd.

F. Further conditions

Herd owns all rights to the Herd brand, all Herd services and products, as well as material provided by Herd.

Cancellation

Herd may terminate these T&Cs and the Programme with 30 days' written notice without cause. These T&Cs may also be terminated within 15 days if the intermediary breaks the rules and fails to correct the errors within 15 days.

Upon termination or expiry of the ABGs, the broker must immediately cease advertising Herd and Herd products and return all related materials to Herd or destroy them. Herd may continue to offer its own products to third parties and is only obliged to pay commissions for referred customers who were referred prior to the termination of the contract (provided the referred member continues to pay its bills). If the broker has broken the contract, he is not entitled to commission.

Should one or more of these provisions be invalid, this shall not affect the validity of the remaining GTCs.

Cooker brand and material

Agents may not distribute materials about Herd or Herd products unless they have been approved in writing by Herd - even then they may only be used in the agreed form.

Transferring personal data

You accept that we may share personal information with our staff, consultants, subcontractors, independent consultants and other third parties involved for the purposes of this programme.

The rights arising from this contract are not transferable and cannot be surrendered without prior written confirmation from Herd. Herd may, in turn, freely assign these rules to a third party without extra consent from the intermediary.

The place of jurisdiction for this agreement is Vienna.