Termite Watkins Pest: In the Ring Referral Plan Terms and Conditions

1. General

These Terms and Conditions apply to the Termite Watkins Pest In the Ring Referral Plan (the “Referral Plan”). By participating in the Referral Plan, you acknowledge that you have read, understood, and agreed to be bound and abide by these Terms and Conditions.

2. Plan Participation and Eligibility  

The Referral Plan is offered by Termite Watkins Pest (the “Company”) and is open exclusively to active customers of Company who are in good standing (collectively, “you” or “Referrers”). The Company reserves the right to verify eligibility. Participation is subject to the acceptance of these terms and conditions, which may be amended by the Company at its sole discretion, with or without prior notice. The Company further reserves the right to deny, suspend, or terminate any party’s participation in the Referral Plan for any reason, including but not limited to non-compliance with these Terms and Conditions.

3. Referral Rewards  

Under the Referral Plan, Referrers are eligible to receive the following rewards for each successful termite referral:

• 10% of the Total Job Cost (excluding tax): Referrers will receive a commission of 10% of the total cost of the termite service. For the purposes of this provision, “Total Job Cost” refers to the amount charged to the customer for the initial service, excluding taxes, security fees, lift fees, permit fees, or other government-imposed charges.
• 10% of the First-Year Termite Warranty Renewal: Referrers will also receive 10% of the first annual renewal payment for any termite warranty purchased by the referred customer.
  Referral rewards are non-transferable and non-assignable.

Referral rewards are non-transferable and non-assignable.

4. Referral Submission Process  

• Website Submission: All referrals must be submitted through the Termite Watkins Pest website via the designated “Referral Program” page. Referrals sent through other methods will not qualify.
• Required Fields: All fields marked as “required” on the referral submission form must be fully completed for the referral to qualify.
• First-Come, First-Serve Basis: Referrals will be honored on a first-come, first-serve basis, meaning the first Referrer to submit a qualifying referral for a customer will be the one to receive the referral reward.

5. Payment Conditions  

Referral rewards will only be processed and paid under the following conditions:

• Total Payment Requirement: The referred customer must pay the total cost of the termite job or warranty renewal in full before any commission is issued.
• Submission of EIN and W9: Prior to receiving any referral payment, Referring Companies and individuals must submit a valid Employer Identification Number (EIN) by providing a completed W9 form. The W9 must be sent to Referrals@TermiteWakins.com. No payments will be processed until the W9 form has been received and verified.
• Payment Schedule: Termite Watkins Pest will process all referral payments at the end of the following month for referrals completed in the prior month. Payments will be made by check.

6. Exclusions and Limitations  

• Termite Watkins Pest will not issue partial payments or commissions on jobs that are not fully paid.
• All referral payments are based on the pre-tax amount of the job or warranty renewal. Taxes are excluded from the commission calculation.
• The referred customer must schedule and Company must complete the applicable service within one year of the referral date.
• Whether a payout is due shall be a decision made in the sole discretion of Company. Company reserves the right to any remedy, including denial of payout or cancellation of your account, if fraud, tampering or other violations of these Terms and Conditions or other policies are suspected.

7. Limitation of Liability  

Termite Watkins Pest is not responsible for lost, delayed, or misdirected referral submissions or rewards due to technical issues, network failures, or other unforeseen circumstances. In no event shall Termite Watkins Pest be liable for any indirect, incidental, or consequential damages arising from participation in the referral program, including but not limited to loss of profits, loss of data, or damages from service interruptions. You will defend, indemnify and hold Company harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Referral Plan. In no event will Company’s aggregate liability to you in connection with the Referral Plan exceed the aggregate amount of the payments made by the Company to you in accordance with the Referral Plan.

8. Disputes  

Any disputes regarding referral payments or eligibility under this plan must be submitted in writing to Termite Watkins Pest within 30 days of the disputed payment or referral.

9. Governing Law and Jurisdiction   

These terms and conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Referrers agree that any disputes arising out of or in connection with the Referral Plan shall be subject to the exclusive jurisdiction of the courts located in Houston, Texas. You waive any and all objections to the exercise of jurisdiction over by such courts and to venue in such courts. 

10. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising hereto, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

11. Waiver & Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

12. Entire Agreement

The Terms and Conditions constitute the sole and entire agreement between you and Company regarding the Referral Plan and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Referral Plan.

13. Changes to the Terms and Conditions  

Company reserves the right to modify, revise, update, or terminate the Referral Plan and the Terms and Conditions without notice in our sole discretion. All changes are effective immediately when we post them.

14. Termination

Company may terminate your participation in the Referral Plan at any time, for any reason or no reason. The rights and obligations of the parties hereunder will survive the expiration or termination.

15. Nature of Relationship

You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Referral Plan that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.

16. Warranties

You represent and warrant that: (a) you have all necessary consents and permits to participate in this Referral Plan, (b) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations hereunder, (c) you will fully comply at all times with all applicable laws and you will not infringe on any third-party rights.

17. Taxes

Tax regulations may require us to collect appropriate tax information from you, or to withhold taxes from payouts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from US persons who receive payment. You are solely responsible for keeping the information in your tax forms current, complete and accurate. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You understand and agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. Company cannot and does not offer tax-related advice to you.

18. Contact Information  

If you have any questions or concerns about these Terms and Conditions or the referral program, please contact us at:

•  Email: Referrals@TermiteWatkins.com  
•  Phone: (713) 863-7378  
•  Address: 1119 W. 34th St., Houston, TX 77018  

 19. Acceptance of Terms  

By participating in the Referral Plan, Referrers acknowledge that they have read, understood, and agreed to be bound and abide by these Terms and Conditions. Termite Wakins Pest reserves the right to disqualify Referrers for failing to comply with these terms.