ISLAND BOY MERCHANT SERVICES, LLC.

Page 1 of 7

U.S. INDEPENDENT REFERRAL PARTNER AGREEMENT

www.IslandBoyMerchantServices.com 3389 Sheridan St. #408
partners@IslandBoyMerchantServices.com Hollywood, Florida [33021]
(954) 889-7553 :Phone
(954) 678-0697 :Fax

NOTE: ALL HIGHLIGHTED items must be completed. To be apply, you must, fill in either the Individual SSN OR the Federal Tax I.D. No.. for Corporations. •
Income will be reported to the number you list below. The SSN must match the name listed. Placing Referral Partner: I certify that I understand I personally
recruited this new Referral Partner and placed him or her in my organization under the Sponsor listed. Please print in ALL CAPITAL letters. Use ONLY BLUE or
BLACK INK. FAILURE TO PRINT LEGIBLY and WITHIN THE CONSTRAINTS OF THE BOXES can cause DELAYS IN PROCESSING YOUR APPLICATION.

Today's Date: __ __ / __ __ / __ __ __ __ (mm/dd/yyyy)

personal information
Temporary Applicant #: __ __ __ __ __ __ __ __ __ __ Sponsor's assigned Assoc. #: __ __ __ __ __ __ __ __ __ __
(Your Temporary applicant # was emailed to you upon registration online)

Sponsor's complete name: _______________________________________________________________________________

Applicant’s SSN or Federal Tax I.D. #: __ __ __ __ __ __ __ __ __ __ D.O.B.: __ __ / __ __ / __ __ __ __ (mm/dd/yyyy)

If operating under a company name, print it here: _____________________________________________________________

PLEASE SELECT TITLE: Mr. Mrs. Miss. Ms. Dr.
Applicant’s Last Name: ___________________________________________________________________________________

Applicant’s First Name: _______________________________________________________________Middle Initial: _______

(IF Applicant is known by
________________________________________________________________________________
another name other than
the one above, Please
________________________________________________________________________________
PRINT HERE)

Apt./Suite #:
_____________________ ____________________________
Mailing Address:
_____________________ _______________________________________________________________________________

_______________________________________________________________________________
City:
_____________________ _______________________________________________________________________________
State:
_____________________ __ __ Zip+ 4:__ __ __ __ __ - __ __ __ __

IF BILLING ADDRESS IS THE SAME AS MAILING ADDRESS, YOU MAY FILL IN BOX.
Apt./Suite #:
_____________________ ____________________________
Billing Address:
_____________________ _______________________________________________________________________________

_______________________________________________________________________________
City:
_____________________ _______________________________________________________________________________
State:
_____________________ __ __ Zip+ 4:__ __ __ __ __ - __ __ __ __

Business Phone: (__ __ __) - __ __ __ - __ __ __ __

Home Phone: (__ __ __) - __ __ __ - __ __ __ __ Email Address: _____________________________________________

Doc: 09ver.refagree001 (Email address must be valid, in order to be processed)
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED... Page 2 of 7

payment information
Receive Commissions by Direct Deposit!
.00
PLEASE MAKE SELECTION(S): CHOOSE ONE: (Subject to minimum accrual of $100 USD and other criteria established
by the company. If NO is chosen then a check will be mailed out to referral partner)
.00
Referral Partner Agreement Entry Fee: $ 249
Yes No
.00
$99 *Yearly Maintenance (Auto-Renew): Yes No We need your account information for direct deposit.
(*This fee may change. Only guaranteed for one year from initial agreement, you
will be notified of any changes via contact information you gave on previous page) CHOOSE ONE: Checking Savings OR

Promotional Entry Fee:
Payment Method: Credit/Debit Card
Amount to be charged:
$ ___ ___ ___ . ___ ___
Money order Check
$ ___ ___ ___ . ___ ___
Use the same account used for the IRP Agreement Entry Fee Receive
*To be paid by direct deposit, you must include a voided check or deposit slip
from the account into which the commissions are to be deposited unless you are
paying your Referral Partner Agreement Entry Fee by check from the same
account into which you want your commissions directly deposited. If you do not
provide information for direct deposit and check one of the options above, you
will be paid commissions by check on a monthly basis subject to minimum
accrual and other criteria established by the company.

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Name on Card (If Applicable)
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Your credit/debit card # (If Applicable)
Referral Partner fees will not be refundable unless the Referral Partner Agreement is
terminated by the Referral Partner within the first 30 days after the effective date, any
marketing materials or supplies are returned in usable condition and the Referral Partner
has not sold any memberships or recruited any other Referral Partners.

___ ___ / ___ ___ ___ ___ Visa AMEX Master Card Discover
Exp. Date (If Applicable) Card Type (If Applicable)
UNDER PENALTIES OF PERJURY, I CERTIFY THAT:
I agree to the above fees to become an IBMS referral partner: (1) the number shown on this form is my correct taxpayer identification number
(2) I am not subject to backup withholding because:
(a) I am exempt from backup withholding, or (b) I have not been
Signature of Applicant X_________________________________ notified by the Internal Revenue Service (IRS) that I am subject to
backup withholding as a result of a failure to report all interest or
When you provide Island Boy Merchant Services, LLC. with a check presented dividends, or (c) the IRS has notified me that I am no longer subject to
as payment, you authorize Island Boy Merchant Services, LLC.. to use the backup withholding.
information from your check to make a one-time electronic fund transfer from
your account or to process the payment as a check transaction. Funds may be NOTE: You must cross out item (2) above if you have been
withdrawn from your account as soon as the same day payment is received.
For inquiries please call: (954) 889-7553. notified by the IRS that you are currently subject to backup
withholding because of under reporting interest or dividends on
your tax return.
PROCUREMENT OF A CONSUMER AND/OR
INVESTIGATIVE CONSUMER REPORT The following questions MUST be answered, if applicable, or the
By submitting this application, you understand that IBMS, by and through its application will be returned:
independent contractor(s), will procure a consumer report and/or investigative
consumer report on you. You also understand that at IBMS discretion 1. Have you ever been convicted of a felony? Yes No
subsequent consumer and/or investigative consumer reports may be procured 2. Has anyone who might write business under this Referral Partner Agreement
during the terms of your contract with IBMS. These above-mentioned reports ever been convicted of a felony? Yes No Not Applicable
may include a social security number verification. You are entitled to a 3.Has any professional license (i.e. an insurance license) held by you in any
complete and accurate disclosure of the nature and scope of any investigative state been suspended or revoked? Yes No
consumer report of which you are the subject upon your written request to 4.Has any professional license held by anyone who might write business under
IBMS, if such is made within a reasonable time after the date hereof. You may this Referral Partner Agreement in any state been suspended or revoked?
receive a written summary of your rights under 15 U.S.C. § 1681et. seq. and Yes No Not Applicable
Cal. Civ. Code §1786. Your independent contractor position with IBMS is
contingent upon the successful completion of the above referenced If you answered Yes on any of these questions, please send documents concerning the
investigative consumer report. matter. Having a felony will not necessarily preclude your acceptance as an Referral
Partner.
*Please provide me with a copy of my investigative consumer report
(CA, OK & MN residents only). Yes No
Signature of Applicant X_________________________________
o I have had explained to me the Island Boy Merchant Services,
LLC.. (IBMS), opportunity and compensation plan and __ __ __ __ __ __ __ __ __ __
understand the benefits of both. Temporary Applicant # (10 DIGIT NUMBER EMAILED TO YOU)
__ __ __ __ __ __ __ __ __ __
o I have read and understand, the company policies and Applicant’s SSN or Federal Tax I.D. #:
procedures on the reverse of this form and been given a copy
and agree to abide by them.
FOR OFFICIAL USE ONLY
o If paying by check, I agree that IBMS may convert my check
into an electronic debit to be drawn on my account for the face (DO NOT FILL BOX BELOW - VOID IF FILLED)
amount shown on the check I’ve provided APPROVED: YES NO DATE: / /
APPROVED BY: Ini. & No.:
o By signing this form, I certify that I accept the placement of my
Referral Partner Agreement under the sponsoring Referral
Partner. I understand this agreement is subject to approval by
a duly authorized officer/representative of IBMS. Assigned IRP #:

Doc: 09ver.refagree001
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED...
POLICIES & PROCEDURES
ARTICLE I
DEFINITIONS
1.01 Equipment: Equipment shall mean the equipment
used to process VISA and/or MasterCard or check
transactions which is supplied by an approved vendor
on behalf of IBMS.
1.02 Independent Referral Partner: Independent Referral
Partner shall mean a person who is not an employee
under rules and regulations issued by the Internal
Revenue Service.
1.03 Merchant: Merchant shall mean a business person or
organization engaged in commercial activities, which
needs or uses credit card processing services.
1.04 Processing Bank: The Processing Bank shall
mean the financial institution that processes merchant's
payments and/or merchant bankcard transactions.
1.05 Rules and Regulations: Referral Partner is
familiar with and understands all of the rules and
regulations of VISA and MasterCard (including
authorized, legitimate and proper use of VISA,
MasterCard and affiliated credit card marks and
names), and hereby expressly agrees that it shall
strictly abide by all such rules and regulations, as those
rules and regulations may be amended from time to
time, at all times hereunder. Referral Partner hereby
expressly agrees that it shall indemnify and hold
Processing Banks and IBMS harmless for any violation
of these rules and regulations by Referral Partner.
1.06 Sales: The term Sales, as used in this Agreement,
shall mean Merchant Credit Card Processing
Agreements received by IBMS from customers which
are accepted by IBMS, approved by the Processing
Bank, and upon which billings are made and payment
is received.
1.07 Services: Services shall mean the Services provided
to Merchants by the Referral Partners, IBMS, and
Processing Bank.
ARTICLE II
RELATIONSHIP
2.01 Independent Referral Partner: An Independent
Referral Partner shall be an Independent Contractor of
IBMS and expressly acknowledge and understands
that he/she will not be an employee of IBMS.
Independent Referral Partner shall be independent of
IBMS’s control and shall not in any manner bind or
represent that he/she is authorized to bind IBMS either
by his/her acts or his/her words, either directly or
indirectly. The Independent Referral Partner is not
required to perform any services hereunder. However,
to the extent services are performed hereunder, the
Independent Referral Partner shall be bound by the
terms of this Agreement.
2.02 Representations: Independent Referral Partner shall
not represent himself/herself to be an employee of
IBMS but may represent himself/herself as a Referral
Partner or an Account Executive marketing Services for
IBMS.
Doc: 09ver.refagree001
Page 3 of 7
2.03 Expenses: Referral Partner acknowledges that
he/she is solely and exclusively responsible for his/her
costs, expenses, insurance, payroll and other taxes
incurred in performing the Services.
ARTICLE III
DUTIES OF INDEPENDENT REFERRAL PARTNER
3.01 Sales & Marketing: Referral Partner shall use
his/her best efforts to market the Services of IBMS.
Such services shall consist of obtaining applications
from Merchants within the stated credit policy of IBMS
and the Processing Bank as such policy is amended
from time to time, on forms acceptable to IBMS for the
processing of credit card transactions. Referral Partner
shall comply with all rules and regulations, guidelines
and price lists established by IBMS, as amended from
time to time at IBMS’s discretion, in marketing these
Services. Furthermore, all applications must be
reviewed by IBMS, the Processing Bank, VISA and/or
MasterCard and will be accepted or rejected by these
entities at their sole discretion.
3.02 Service: Referral Partner shall provide all training,
follow-up, support and service reasonably required by
customers in the use of the Services, and shall perform
such additional Services as shall be set out from time
to time in service guidelines established by IBMS.
Referral Partner agrees to conform to and abide by all
the rules and procedures detailed in the documents
provided.
3.03 Equipment and Products: Any Equipment and/or
products sold, rented, leased or otherwise provided to a
Merchant by the Independent Referral Partner for use
in processing credit card transactions must be
purchased, leased, or rented from IBMS.
3.04 Submission of Completed Documents: It shall be
the responsibility of Referral Partner to submit to IBMS,
and only IBMS, the completed and signed Merchant
Application and the completed and signed Merchant
Agreement and attached Schedule(s), together with
any required additional documentation or information
(e.g. personal or business financial statements, tax
returns, etc.) for each perspective merchant solicited by
Referral Partner, as well as any amount of the
prospective merchant’s Application Fee. Referral
Partner must submit to IBMS all such materials,
documents and information in a complete, accurate and
legible manner.
3.05 Merchant Site Inspection: When requested by
IBMS, it shall be the responsibility of Referral Partner to
conduct a physical inspection of the business premises
of each perspective merchant solicited by Referral
Partner and to complete the Merchant Site Survey
Report of the Merchant Application, including a detailed
description of the type of business engaged in by the
perspective merchant. Referral Partner must certify
that, to the best of its knowledge, information and the
belief, the prospective merchant is legitimately engaged
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED...
POLICIES & PROCEDURES CONTINUED...
in a bona fide business operation and is not engaged in
any operation with the intent to defraud Processing
Banks or any other persons or entity. Any falsification
of information or deliberate omission of material
information on the Merchant Site Survey Report by
Referral Partner will result in immediate termination of
this Agreement, and all payments due to Referral
Partner hereunder shall immediately cease and IBMS
shall have no further obligation to make any such
payments.
3.06 Information: Upon receipt of any information
regarding any disputes, claims, or problems relating to
any Merchant with respect to the Services, Equipment
and Products or a Merchant’s business practice,
character or other matters affecting a Merchant’s
relationship with IBMS, the Processing Bank, VISA or
MasterCard or the ability to comply with the terms of
such relationships, including any violations or
suspected violations of the Rules, the Independent
Referral Partner must immediately notify IBMS or its
designate, of such information.
3.07 Non-Solicitation: So long as any Merchant
Agreement of any merchant solicited by Referral
Partner remains in effect, Referral Partner shall not
interfere in any manner whatsoever with contractual
rights and interest of “Banks” and/or IBMS under any
such Merchant Agreement, either directly or indirectly
(including, without limitation, through any partnership,
joint venture or other arrangement whatsoever), or
cause or attempt to cause any approved merchant or
other merchant of Processing Banks and/or IBMS to
engage in bank card transaction processing through
any person or entity other than Processing Banks and
IBMS. If Referral Partner directly or indirectly violates
the provisions of this subparagraph (3.07), by its own
act or omission or by permitting the act omission of any
other person or entity described therein, then all
payments due Referral Partner hereunder shall
immediately cease and IBMS shall have no further
obligation to make any payments and shall be entitled
to all additional remedies available under law.
3.08 Merchant Funds: Referral Partner acknowledges that
all funds to be paid to or by Merchants in connection
with any Merchant Program, shall be under the sole
control of IBMS and Member Bank(s). Referral Partner
or any sales person of Referral Partner shall be
deemed to have received such funds in trust for the
benefit of IBMS and shall immediately remit such funds
directly to IBMS.
ARTICLE IV
DUTIES OF IBMS
Support: IBMS shall provide such support services as
are reasonably necessary for the Referral Partner to
perform his/her duties hereunder, including, but not
limited to, providing technical, marketing and other
similar services, forms, supplies, marketing materials,
price lists, and the training reasonably necessary for
the Referral Partner to perform the duties required by
Article III, supra.
Doc: 09ver.refagree001
Page 4 of 7
4.01 Rules and Guidelines: IBMS shall promptly provide
the Referral Partner copies of all rules and regulations,
guidelines, and price lists, as amended from time to
time, governing the sales and marketing of the Services
and any support services required of the Referral
Partner.
ARTICLE V
COMPENSATION OF CONTRACTOR
5.01 Compensation: Referral Partner shall be entitled to
receive compensation for this Agreement, however,
that in any instance where this Agreement is terminated
by IBMS, all payments to Referral Partner hereunder
shall cease, and IBMS shall no further have obligation
to make any such payments. Notwithstanding,
anything contained in this Agreement to the contrary, it
is understood and agreed that IBMS shall be under no
obligation to make any payment to Referral Partner
hereunder as to any merchant for which IBMS is no
longer receiving, for any reason whatsoever, it’s
corresponding compensation from Processing Banks
(i.e. if IBMS doesn’t get paid, then Referral Partner
doesn’t get paid). It is further understood and agreed
that Referral Partner shall bear full liability to IBMS or
Processing Banks for the face value of any merchant
chargebacks. Except as herein provided, the
provisions of this subparagraph (5.01) shall survive
termination of the Agreement.
5.02 Acceptance of Order: An acceptance order is
deemed valid by IBMS, only if said acceptance, is
evidenced in writing by IBMS. No commission shall be
due or payable to the Referral Partner except on
Services accepted and paid for by the purchaser.
5.03 Commissions: IBMS pays out commissions on all
commissionable items received from Processing Bank.
The following commission will also be paid out on
equipment sales, terminal leases, and monthly residual
income earned. A minimum of 40% commissions will
be paid on all approved merchant accounts which
referral partner shall submit. If Referral Partner obtains
existing processing statement from merchant and
submits, said merchant processing statement then an
extra 10% will be paid out, for a total of 50%
commission of that merchant account's commission.
(See commission structure for complete details)
5.04 Referrals: If the Referral Partner refers someone who
becomes a Referral Partner of IBMS then a referral will
be paid. The referral fee will be a 10% override of the
commissions the referred Referral Partner earns from
IBMS. (See commission structure for complete details)
5.05 Payment: IBMS shall pay all commissions owed to
th
Referral Partner on the 25 (closing 22th) of every month
for commissions earned during the preceding calendar
month. If the 25th is a holiday or IBMS is closed,
commissions will be paid the following business day.
5.06 Setoff Rights, Security Interests: IBMS shall have
the right of setoff against any funds credited to or owing
from IBMS to Referral Partner for any obligation of
Referral Partner. IBMS may exercise the right of setoff
at any time and without notice to Referral Partner
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED...
POLICIES & PROCEDURES CONTINUED...
whether or not the obligations of Sales Representative
to IBMS are then due. As security for the obligations of
Referral Partner to IBMS, Referral Partner hereby
grants IWBD a security interest in all money,
instruments and other property of Referral Partner that
may now or hereafter is held by IBMS or the
Processing Bank.
5.07 Sale or Merger of IBMS: IBMS may at any time sell
or merge its Merchant Portfolio. In the event IBMS
chooses to exercise this option, Referral Partner in
good standing can either continue to be paid on their
portfolio by the successor company or can be paid a
one-time buy-out equivalent.
ARTICLE VI
NON-DISCLOSURE
6.01 Non-Disclosure Agreement and Proprietary
Information:
A. The Referral Partner recognizes and acknowledges
that the information, business practices, business lists
of IBMS’s customers, and any other secrets of other
confidential information relating to IBMS’s business as
it may exist from time to time are valuable, special and
unique assets of IBMS’s business. Therefore, the
Referral Partner agrees as follows:
(i) The Referral Partner will hold in strictest
confidence and not disclose, reproduce,
publish, or use in any manner, whether during
or subsequent to his/her engagement, without
the express authorization of IBMS or
Processing Bank, any information, business
customer lists, trade secrets or confidential
matters relating to any aspect of Processing
Bank or IBMS’s business, except when such
disclosure or use may be required in
connection with the Referral Partner’s work for
IBMS and Processing Bank.
(ii) That upon request, or at the time of leaving
the Service of IBMS, the Referral Partner will
deliver to IBMS, and not keep or deliver to
anyone else, any and all notes, memoranda,
documents, and in general, any and all material
relating to Processing Bank or IBMS’s
business.
B. In the event of a breach or threatened breach by the
Referral Partner of the provisions of this Section 6.01,
IBMS or Processing Bank can:
(i) By restraining the Referral Partner from
disclosing, in whole or in part, any information
as described above, or from rendering any
Services to any person, firm, corporation,
association or other entity to whom such
information, in whole or in part, has been
disclosed or is threatened to be disclosed;
and/or
(ii) By requiring the Referral Partner to deliver
to Processing Bank or IBMS all information,
documents, notes, memoranda and any other
Doc: 09ver.refagree001
Page 5 of 7
discoveries or other material as described
above upon the Referral Partner’s leaving of
the service of IBMS. Nothing herein, shall be
construed as prohibiting Processing Bank or
IBMS from pursuing other breach or threatened
breach, including, the recovery of damages
from the Referral Partner.
ARTICLE VII
TERM; TERMINATION; RIGHTS ON TERMINATION
7.01 Term: The term (“Term”) of this Agreement shall be
for one (1) year from the date set out in the preamble to
this Agreement. Notwithstanding the foregoing, if none
of the provisions of this Article are applicable, then this
Agreement shall renew automatically for an additional
one (1) year term on each anniversary date of this
Agreement.
7.02 Termination: This Agreement may be terminated
prior to completion of the Term due to any one of the
following circumstances:
A. Referral Partner is convicted of a felony.
B. Referral Partner files for bankruptcy protection.
C. Referral Partner allows a period of twelve
months to pass without a new accepted
merchant application or new referral partner
agreement.
D. By Processing Bank or IBMS after ten (10)
days written notice to the Referral Partner for
good cause, including, but without limitation to:
(i) Violation by the Referral Partner of the
terms of the Sales Agreement;
(ii) The material default of IBMS in
performing its obligation under
contracts with other persons or
business entities if directly caused by
the Referral Partner.
E. Upon mutual agreement of the parties hereto.
F. By Processing Bank or IBMS upon sixty (60)
days written notice the event of the changes in
the rules and regulations of VISA or
MasterCard, which in the opinion of IBMS are
averse to continuing this Agreement.
G. Breach of VISA/MasterCard rules. IBMS may
immediately terminate this Agreement upon
written notice to Referral Partner; in the event
that Referral Partner materially violated any of
the respective rules or regulations of VISA
and/or MasterCard relating to the performance
of Referral Partner hereunder.
7.03 Effect of Termination: Upon termination of this
Agreement, the Referral Partner shall be entitled to
receive all compensation earned under this Agreement
to the date of termination in accordance with Article V.
Following the date of termination, the Referral Partner
shall be entitled to no further compensation under this
Agreement. Notwithstanding the foregoing, the rights
to provide services to existing merchants shall remain
with IBMS.
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED...
POLICIES & PROCEDURES CONTINUED...
7.04 Non-Compete: For a period of three (3) years after
the termination of this Agreement, the Referral Partner
agrees not to call on or solicit any Merchant customer
or other Independent Referral Partners' of IBMS.
ARTICLE VIII
REPRESENTATIONS OF INDEPENDENT SALES
REPRESENTATIVE
8.01 Representations: The Referral Partner hereby
represents and warrants to these as follows:
A. Except as previously disclosed to IBMS in
writing, he/she is not subject to any restriction
or non-competition covenant in favor of a
former employer or any other entity.
B. He/she has the legal right power to enter into
this Agreement and entry into this Agreement
does not constitute violation or breach of the
terms of any agreement to which the
Independent Referral Partner is a party.
C. All information provided by the Independent
Referral Partner at, prior to, or following the
date of the Agreement, is, true, correct and
complete.
ARTICLE IX
INDEMNIFICATION
9.01 Independent Referral Partner: The Independent
Referral Partner hereby agrees to indemnify and hold
harmless Processing Bank and IBMS from and against
any loss, cost or damage, including reasonable
attorney’s fees and court costs incurred by Processing
Bank or IBMS as a result of or arising from the
Independent Referral Partner’s misrepresentations,
failure to comply with the terms of this Agreement, or
the Independent Referral Partner’s willful misconduct or
negligent performance of this obligations hereunder.
Such indemnification obligation shall continue
subsequent to the termination of this Agreement for
actions arising from events occurring during the Term
of this Agreement.
9.02 Use of FREE Incentive Certificate: The Independent
Referral Partner hereby agrees to indemnify and hold
harmless IBMS from and against any loss, cost or
damage as a result of or arising from the Independent
Referral Partner’s use of, in any form or manner, the
FREE incentive certificates given away at no cost by
IBMS. Referral partner agrees and understands that
services/products provided by incentive certificates are
not provided by IBMS. Therefore Independent Referral
partner agrees that IBMS cannot be held responsible
and/or liable for failure/default of any products/services
provided by these incentive certificates.
YOUR FREE... INCENTIVE CERTIFICATES
(SIMPLY FOLLOW LINK BELOW)
NOTE: IF YOU DOWNLOAD THE PACKAGE BELOW, THIS WILL
MEAN THAT YOU HAVE AGREED TO SECTION 9.02
CLICK HERE... A .zip file will download to your system, enjoy!
http://IBmerchantservices.com/incentives (OR COPY & PASTE IN YOUR BROWSER)
Doc: 09ver.refagree001
Page 6 of 7
ARTICLE X
MISCELLANEOUS
10.01 Binding Effect:. This Agreement shall be binding upon
and control any and all action taken by the Recipient, its
agents, accountants, attorneys, employees,
representatives and others, with regard to the
Confidential Information, whether such action is taken in
the United States, Puerto Rico, U.S. V.I., Canada, the
United Kingdom, European Union, African Union, the
Cayman Islands, The Bahamas or its territories or in any
foreign country, territory, republic, principality or
commonwealth located anywhere in the world.
10.02 Final Agreement: The provisions of this Agreement
shall supersede and prevail over any other agreements,
either oral or written, as to all information disclosed or
received in connection with confidential Information first
above mentioned and may not be amended except in
writing.
10.03 Attorney’s Fees: In the event that there is any
controversy or claim arising out of or relating to this
Agreement or to the interpretation, breach of or
enforcement thereof, and any action or proceeding is
commenced to enforce the provisions of this Agreement,
the prevailing party shall be entitled to reparations for
reasonable attorney’s fees, costs and expenses from
the other party.
10.04 Notices: Notices required hereunder shall be in writing
and delivered in person or by certified or registered mail,
return receipt requested postage prepaid. Notices shall
be addressed as follows:
ISLAND BOY MERCHANT SERVICES, LLC
3389 SHERIDAN ST. SUITE # 408
HOLLYWOOD, FL 33021
C/O INDEPENDENT REFERRAL PARTNER Dept.:
____________________________________________
(Name)
____________________________________________
(Address)
____________________________________________
(City, State, Zip)
(No PO Box)
All notices shall be deemed given when delivered in
person or upon depositing said notice in the United
States mail with proper postage affixed thereto.
10.05 Amendment: Except as otherwise provided herein,
this Agreement and the Exhibits hereto may not be
amended, altered or modified except by written
authorization executed by all signatories hereto..
10.06 Severability: The illegality, invalidity, or
unenforceability of any provision of this Agreement shall
not affect the remainder of this Agreement.
10.07 Entire Agreement: The Agreement and the Exhibits
hereto contain the entire understanding of the parties
hereto and supersedes all prior agreements with respect
to the subject of this Agreement.
10.08 Multiple Counterparts: This Agreement to be
executed shall be deemed to be an original, and all of
which when taken together, shall constitute one and the
same Agreement.
10.09 Headings: Headings used herein are for convenience
only and shall not affect the construction or
interpretation of this Agreement.
 I.B.M.S. INDEPENDENT REFERRAL PARTNER AGREEMENT CONTINUED...
POLICIES & PROCEDURES CONTINUED...
10.10 Regarding advertising: These are the guidelines
governing advertising of the referral partner opportunity
and products/services, as follows;
(a) Only advertising and promotional material
that is pre-printed, pre-approved, and properly
licensed by IBMS may be purchased or used in
the promotion or sale of IBMS
products/services. A Referral Partner agrees to
pay for all supplies and marketing materials
needed. Supplies should be obtained directly
from IBMS. If A Referral Partner wishes to
advertise within other means specified, then an
approval of the marketing material will need to
be authorized by IBMS' home office.
(b) A Referral Partner may not contact
prospects by any method prohibited by
applicable federal or state law. In addition, A
Referral Partner initiating the transmission of
unsolicited commercial electronic mail (spam),
agrees to comply with all IBMS policies
regarding such advertising, as well as to
applicable state and federal laws governing
such transmissions.
(c) Any Referral Partner sponsored website
shall comply with these policies and any other
policies of IBMS relating to Referral Partner
websites. Also all websites must be designed
or approved by sister company Island Boy Web
Design, LLC.
10.11 Rights Reserved: IBMS reserves the right at any time
to no longer accept new account sales or Referral
Partner recruitments from any Referral Partner, and to
adjust or change any marketing plan and incentive
program and at any time without prior notice. IBMS may
add, change or terminate any services offered by IBMS
to any or all Referral Partners, at any time, in whole or in
part, including, but not limited to supplies,
communications, newsletters, website, emails, voice
response or otherwise.
10.12 Governing Law and Venue: The Referral Partner
Agreement and Policies and Procedures will be
governed by and construed in accordance with the laws
of the State of Florida. The Referral Partner Agreement
and Policies and Procedures constitute the entire
agreement between the Referral Partner and IBMS and
no amendment may be made, either written or oral,
without the signature of an authorized Home Office
officer of IBMS, provided that these Policies and
Procedures may be amended from time to time by IBMS
by publication in a means reasonably available to
Referral Partner generally, including by publication in
periodic communications to Referral Partners or on the
IBMS website. All disputes and claims relating to IBMS,
the Referral Partner Agreement, these Policies and
Doc: 09ver.refagree001
Page 7 of 7
products and services, the rights and obligations of A
Referral Partner and IBMS, or any other claims or
causes of action between the Referral Partner or IBMS
or any of its officers, directors, employees or affiliates,
whether in tort or contract, shall be settled totally and
finally by arbitration in Broward County, Florida, in
accordance with the Commercial Arbitration Rules of the
American Arbitration Association, including the optional
rules for emergency measures of protection. If any
Referral Partner files a claim or counterclaim against
IBMS or any of its officers, directors, employees or
affiliates in any such arbitration, A Referral Partner shall
do so only on an individual basis and not with any other
Referral Partner or as a part of a class action. Judgment
on any award may be entered in the Florida County
District Court or in the United States District Court for
the District of Florida. The Referral Partner consents to
the jurisdiction and venue of such arbitration and such
courts.
o I have read and understand, the company policies and
procedures on the reverse of this form and been given a copy
and agree to abide by them.
Full Name X_________________________________________
Signature of Applicant X_________________________________
Date X______________________
GETTING STARTED...$$$
(FOLLOW SIMPLE STEPS BELOW)
1. Download Getting Started Right & Success Guide... HERE
http://IBmerchantservices.com/startnow (OR COPY & PASTE IN YOUR BROWSER)
2. OPEN THE .PDF... Launch yourself in the right direction on this
amazing opportunity, by starting in the right place, with the
right tools. Open the "Getting Started Right Guide", (Which
may be found in the package you downloaded). It is a simple
guide we have designed for you to grow your business,
effectively. Simply follow the guide to be on the right path,
armed with the right knowledge to enact the right actions,
which, if followed accordingly, should result in a growing
residual income for you, your business and your love ones.
3. ALSO... Please educate yourself on the "Success Guide" (Which
may be found in the package you downloaded). The commission
structure, policies and procedures, company overview, our
products & services overview and much more, is inside.
LINKS ARE ACTIVE... Click on them, to access downloads!
NOTE: Remember that this Independent Referral Partner
Agreement must be returned to us, in order for us to process your
application. Once completed please fax to (954) 678-0697