FoneRent

Preamble:

Unless stated in an alternate agreement, all FoneRent dealers or partners who refer business and client to the FoneRent will be bound by this agreement. The agreement is entered into between FoneRent (Elitetele.com) Ltd. and the partner/dealer as represented by the signatory on any formal FoneRent document. The agreement is for the referral of customers to FoneRent under the programme.

1. Becoming a FoneRent Dealer:

By executing this or any other agreement you have agreed to become a referring dealer for FoneRent under these terms.

2. Referral Business:

You herby agree to refer potential clients to FoneRent for the rental of mobile communications equipment, airtime and/or associated services with or without related accessories and ancillary services (the Services).  FoneRent agrees to pay you a commission at the rates set out below (section 4), for each and every rental entered into pursuant to an order being placed by the referred client, including any rental contract received, directly or indirectly from the client with the original ordering address of the first referral and subsequent referrals for each customer for the term of the agreement. However, FoneRent reserve the right, using its own judgment and credit checking procedures to decline to enter any agreement it feels inappropriate.

3. Rental and Call Tariffs:

The FoneRent preferred client interface is to deal direct with end customers as this enables FoneRent to optimise the pricing and as such, consequent commission its dealers receive. No prices quoted by a dealer or partner will be underwritten by FoneRent or guaranteed unless prior written consent has been given by a FoneRent Director or Country Head of Sales.

4. Commission Rates:

FoneRent will pay the Dealer/Partner a commission on all rental revenue and call revenue only. Taxes, insurance, delivery, collection and any other charges are not commissionable. These may be invoiced to the client during the agreement but will not attract commission.

Commission Rates are as follows:

• For 1 to 15 rentals in a 3 month period: 10%
• For 16 to 99 rentals in a 3 month period: 15%
• For 100 plus rentals in a 3 months period: 20%

5. Payment of Commission:

Commissions will be paid 30 days after the invoice due date to the end customer. FoneRent will notify you on request during the first full business week of each month how much commission is due and this will be paid within the stipulated timescales. FoneRent will use all reasonable efforts to

Determine the amount of commission with respect to any direct contract agreements. All payments will be by BACS transfer and FoneRent reserve the right to pay commission on non-receipts from the customer and, in the event of bad debt to reclaim any commission paid where the monies have not been received. In turn you agree to repay such bad debt commissions.

6. Optional Incentives:

FoneRent may from time to time offer, but is not obliged to, occasional incentive programmers to its dealers. You will be notified of any such incentives via email.

7. Promotional Materials:

FoneRent may, but is not bound to provide to dealers various marketing and promotional materials as it generally makes available to clients and partners. FoneRent will also provide the necessary methods for you to refer clients.

8. Trade Marks & Logos:

Any such materials as detailed in Section 7 may contain trade marks, service marks, logos or product names unique to FoneRent (The FoneRent Marks) which are and remain the sole property of FoneRent. These marks can only be used as presented and with the express written permission of a FoneRent Director.

This includes Internet and e-commerce marks as well as Meta-Tags, Key Words and Descriptions attached to any page of any site owned or managed by FoneRent or its subsidiaries. Where you are authorised to use the FoneRent marks, it should be made clear (as approved by a FoneRent Director) that you are an authorised dealer or partner.

9. Internet Referrals:

FoneRent may allow you or your clients to order direct from the FoneRent web sites. Any such rentals and all other rentals are subject to the terms and conditions of business for the end user as set out at www.FoneRent.com and also the referral terms laid out here. No responsibility is, or can be accepted for individual orders that a client places via any method unless they specifically advise they are a referred customer. However, all reasonable efforts will be made by FoneRent to ensure all orders are tracked and commission paid accordingly.

10. Termination:

This agreement is an agreement at will and may be terminated by either party with or without cause, upon 30 days written notice to the other. FoneRent reserve the right to modify or terminate the programme and to add or delete products from it at any time.

11. Amendment:

This agreement may be amended form time to time with the agreement of both parties in writing and will be effective from the date of second party signature. Either an Appendix or a new agreement will be drafted and signed to reflect these changes and signed by both parties.

12. Effects of Termination:

Upon termination by either party you will be entitled to receive any outstanding commission due at the end of the following month and commission on orders placed up to or on the termination date. No commissions will be paid for any orders placed after that date.

Neither FoneRent nor you will have any cause of action against the other for termination of this agreement and both FoneRent and you release and waive any right to receive special, indirect, and consequential or punitive damages of any nature.

13. Notice:

Any notice to be given by either party to the other pursuant to this agreement may be given by certified or registered mail/postage, by express mail, by telefax, by recorded courier or by read receipt email with hard copies mailed within 24 hours (guaranteed delivery) to the relevant addresses as shown as stated on the signature page.

14. Relationship Created:

Nothing contained in this agreement shall be deemed to make FoneRent and you official partners, joint venturers, employee, employer, agent or principal or to create any other relationship other than that of independent contractors regardless of any terminology used during the relationship. You recognise and accept that you are not an agent of FoneRent and may not enter into agreements on its behalf nor take any action that would bind FoneRent to any contractual obligations.

Without limiting the foregoing, you also accept and recognise that you have no authority to recruit, solicit, or appoint other dealer/partners, subsidiaries or agents to the programme.

As an independent contractor of FoneRent you are not entitled to any benefits as an employee of FoneRent and FoneRent is not obligated for the payments of any withholding of taxes. For the avoidance of doubt, this agreement only entitles you to hold yourself as an Authorised FoneRent Dealer.

15. Governing Law:

This agreement is governed by the laws of England. The English Courts shall have the non-exclusive jurisdiction to settle any disputes which arise out if or in connection with this agreement.