The agreement
Here it is in plain English first, then in full. The plain-English version is a reading aid — where the two differ, the agreement below is what you're signing.
In plain English
You introduce companies we don't already know
A referral only counts if 10x doesn't already have a relationship with that company. We decide whether that's the case, so it's worth asking us before you make an introduction — there's a form for that below, and it takes us a minute to answer.
Agreement: Whereas — “Referred Customers”
You earn 10% of what we actually collect
If a company you introduce becomes a customer, you get 10% of the money 10x actually receives from that customer's engagements. Not 10% of what we invoice — 10% of what gets paid. If a customer never pays, there's nothing to share.
Agreement: Commissions, 1 and 3
For six months per company you introduce
The six months runs from the date you first introduce that particular company, and it's counted separately for each company you bring us. Introduce three companies in a year and each one has its own six-month window.
Agreement: Whereas — “Referral Period”
Money that arrives late still counts
If we earn it during your six months but the customer pays afterwards, you still get your share when the money lands.
Agreement: Commissions, 2
It works both ways
This is the part people miss. If 10x sends a customer to you, you owe us the same 10% on the same terms.
Agreement: Reciprocal Referrals
A year at a time, and either of us can stop
The agreement runs for a year and renews automatically. Either side can end it with 30 days' written notice. Ending it does not cancel commissions you have already earned — we still owe you those.
Agreement: Term; Post-Term
You're not an employee, and you can't commit us to anything
You're an independent contractor. You can introduce people to us; you can't agree terms or make promises on 10x's behalf.
Agreement: Independent Contractor
New York law, and the terms stay between us
Disputes are governed by New York law, and the agreement asks both sides to keep its terms confidential and not to disparage each other.
Agreement: Governing Law; Non-Disparagement
You don't earn on work you do yourself
The programme exists to reward introductions that aren't already in your own interest. If you introduce a company and then do the work for them yourself, there's no referral commission on that engagement.
10x policy — not currently written into the agreement itself.
The agreement in full
Agreement Between 10x Management, LLC (10x) and (Affiliate) Date: Whereas: 10x is a technology management agency representing high level freelance technologists (Clients), which seeks to find additional work opportunities for its Clients. Customers are individuals and/or companies which engage 10x’s Clients to complete tasks in exchange for compensation. A Customer may be an individual or a line of business within a larger organization or a Customer may be the entire organization itself - the distinction will be determined by 10x in its sole discretion but with the goal of providing the referrer with the greatest benefit from a given referral. Affiliate is a person or company operating in the technology industry who can refer potential Customers to 10x. Referred Customers are any Customers -- with whom 10x does not already have a preexisting relationship -- whom Affiliate introduces to 10x. These introductions may occur in person, by phone, by email, or by any other method of communication. Referral Period lasts six (6) months from the date of each initial referral to a Referred Customer. TERM: The term of this agreement is for one year and will automatically renew for successive one-year terms unless terminated sooner. The agreement may be terminated at any time by either party with 30-days’ written notice or if either party becomes insolvent or bankrupt, files for reorganization under the bankruptcy laws, or makes an assignment for the benefit of its creditors. 10x may terminate this agreement if Affiliate commits a material breach of its representations or warranties under this Agreement and (if curable) such breach is not cured within thirty (30) days after Affiliate receives notice of the breach. COMMISSIONS: 1. 10x will pay Affiliate a 10% commission (Affiliate Commission) from the gross collections received by 10x during the applicable Referral Period with respect to each of the engagements carried out by 10x Clients for a newly Referred Customer. 2. In the event that revenue is earned on an engagement for a Referred Customer but not received by 10x during the Referral Period, 10x will pay Affiliate their Affiliate Commission upon receipt of said earnings by 10x. 3. In no event will 10x pay Affiliate Commissions for monies earned but not received. 4. In the event that some of the earnings are in the form of ongoing payments, equity, or any other instruments , 10x will notify Affiliate and negotiate in good faith with Affiliate to compensate Affiliate appropriately. POST-TERM: 10x’s obligations to pay Affiliate Commissions to Affiliate shall continue, even if this agreement has been terminated in accordance with the Term section above. RECIPROCAL REFERRALS: In the event 10x refers a Customer to Affiliate, the same compensation as outlined in this agreement will be provided to 10x from Affiliate. INDEMNITY; SURVIVAL: Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this agreement. This indemnity and any other provision of this agreement which, by its nature, is intended to survive shall survive the termination of this agreement. REPRESENTATIONS AND WARRANTIES: Affiliate represents and warrants (i) that Affiliate has no obligations, legal or otherwise, inconsistent with the terms of this agreement or with Affiliate undertaking this relationship with the 10x, (ii) that the performance of the services called for by this agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Affiliate will not use in the performance of his, her or its responsibilities under this agreement any confidential information or trade secrets of any other person or entity and (iv) that Affiliate shall not engage in any illegal, deceptive, misleading, unethical, or improper acts in performing its responsibilities under this agreement. ENTIRE AGREEMENT; NO ASSIGNMENT: This agreement contains the entire understanding and agreement between the parties hereto with respect to its subject matter, and supersedes any prior or contemporaneous written or oral agreements, representations, or warranties between them respecting the subject matter hereof. If Affiliate wishes to assign or otherwise transfer this agreement, Affiliate must obtain 10x’s prior written consent which shall not be unreasonably withheld. A transfer of a controlling interest shall be deemed an assignment for purposes of the foregoing sentence, including, without limitation, a change in the person or entities who control fifty percent or more of the equity securities or voting interest of Affiliate. Subject to the foregoing, this agreement will be binding on the parties, their successors and permitted assigns. INDEPENDENT CONTRACTOR: The relationship between Affiliate and 10x is that of independent contractor under a "work for hire" arrangement. This agreement is not authority for Affiliate to act for 10x as its agent or make commitments for 10x. Affiliate will not be eligible for any employee benefits, nor will 10x make deductions from Affiliate Commissions for taxes, insurance, bonds or the like. Affiliate retains discretion in performing the tasks assigned, within the scope of work specified. NON-DISPARAGEMENT: The parties agree that they will not at any time make, publish or communicate to any person or entity or in any public forum, electronic or otherwise, any defamatory, derogatory, or maliciously disparaging remarks, comments or statements, now or in the future, or encourage, induce, or cause any third party to do so. However, nothing in this paragraph precludes any party from making truthful statements in connection with (1) a bona fide legal proceeding; (2) a governmental, regulatory, or self-regulatory investigation; (3) reporting possible violations of federal, state, or local law or regulation to any governmental, regulatory, or self-regulatory entity; or (4) making any other disclosures that are protected by the whistleblower provisions of any federal, state, or local law or regulation. GOVERNING LAW This agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by, the laws of the State of New York, without regard to conflict of laws rules. All terms of this agreement are confidential. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives
Version 2023-01-19 (web) · checksum 6c57e31361fdce33… The Word template also carries a request for a W-9 and bank details after the signature block; that is paperwork rather than a term, it is not part of what you sign here, and nothing on this page asks for banking information.