TERMS AND CONDITIONS OF THE REFERRAL PROGRAM (UNITED STATES)
Last updated: 01/05/2025
1- ACCEPTANCE OF THE TERMS
These Terms and Conditions (hereinafter, “T&C”) govern participation in the referral program (the “Program”) offered by Motioom LLC (hereinafter, the “Company” or “Motioom”), with its registered office at [Company’s address]. By participating in the Program, you (hereinafter, the “Referrer”) declare that you have read, understood, and fully accept these T&C.
2- DEFINITIONS
Referrer: An individual or legal entity who recommends a potential Property Owner to the Company in accordance with the guidelines of this Program.
Property Owner: An individual or legal entity holding ownership rights to a real estate property intended for vacation rentals or other accommodation purposes, who enters into a contract with the Company (the “Management Agreement”).
Management Agreement: The legal agreement between the Property Owner and the Company for the management of the property.
Referral Commission: The monetary compensation received by the Referrer for each Property Owner who signs the Management Agreement with the Company, provided that the conditions set forth in these T&C are met.
Property Activation: The moment the Property Owner’s property is published and accessible for booking by users, according to the distribution channels used by the Company.
3- ELIGIBILITY FOR THE REFERRAL PROGRAM
Age and jurisdiction: The Referrer must be at least 18 years of age and have the legal capacity to enter into contracts under the laws applicable in his or her place of residence.
Location: The Program is available to Referrers located in the United States or whose referrals lead to Property Owners with properties located in the United States.
Exclusions: Employees, contractors, or representatives of the Company may not participate in the Program, unless expressly authorized in writing by the Company.
Self-referral prohibition: The Property Owner may not refer themselves or any entity or company in which they have a controlling or majority stake for the purposes of participating in the Referral Program. Any such attempt will be deemed invalid and will not generate any right to a Commission.
4- REFERRAL PROCESS
Submission of the Property Owner: The Referrer must provide the prospective Property Owner’s contact details through the official channels established by the Company (e.g., a specific form or a designated email).
Validation: The Company reserves the right to verify the Property Owner’s information and decide, at its sole discretion, whether or not to enter into the Management Agreement.
Successful conversion: A referral is only considered successful when the Property Owner signs the Management Agreement with the Company and it becomes effective.
Property Activation: Once the Management Agreement is signed, the property must be published and accessible for bookings (“Property Activation”). From that point onward, the payment schedule described in Section 6 will begin.
5- EFFECTIVENESS OF THE REFERRAL COMMISSION
Condition of enforceability: The Referral Commission (hereinafter, the “Commission”) shall only be generated and become payable once both of the following conditions are met:
The Property Owner has signed the Management Agreement with the Company.
The Property has been activated and is accessible for bookings.
Continuous validity: In order for the Referrer to receive the full Commission, the Management Agreement between the Company and the Property Owner must remain in force throughout the staggered payment period set forth in Section 6.
Activation and calculation of time periods: The count for the first, second, and third months begins on the date of Property Activation. If, for any reason, the Property Activation is delayed, the Commission’s enforceability and payment schedule will be delayed proportionally.
6- STRUCTURE AND METHOD OF COMMISSION PAYMENT
Staggered payments:l
15% of the total Commission at the end of the first month after Property Activation.
35% of the total Commission at the end of the second month after Property Activation.
50% of the total Commission at the end of the third month after Property Activation.
Condition of payment: Each of these payments will only be made provided that the Management Agreement remains in effect at the time of disbursement. If the Management Agreement is terminated or suspended before the end of the three month period, the Company will not be obligated to pay any remaining amounts corresponding to future months.
Method of payment:
The Referrer must provide valid bank account information or another acceptable payment method.
The Company reserves the right to select the payment method (wire transfer, check, etc.) and may request additional documentation to verify the Referrer’s identity or tax status.
Tax liability:
The Referrer is solely responsible for reporting and paying any taxes that may apply to the Commission received under the tax laws of the United States or any other relevant jurisdiction.
The Company may withhold or deduct any taxes required by the relevant authorities.
7- REWARD AMOUNT
Below is the reward structure based on the projected annual gross revenue of the referred property. For simplicity, it is shown as a fixed reward (calculated at 1.245% of gross revenue) using the lowest value within each range:
The final amount of the reward will be based on an estimate prepared by Motioom regarding the projected gross revenue of the property and verified according to the provisions of the Management Agreement. Once the applicable range is determined, the corresponding Fixed Reward will be assigned.
8- MODIFICATION OR CANCELLATION OF THE PROGRAM
Right to modify: Motioom reserves the right to modify these T&C, as well as the fees, payment conditions, and any other feature of the Program, at any time and without prior notice.
Notice of changes: Changes to the T&C will become effective once published on Motioom’s website or communicated to the Referrer via email.
Program cancellation: Motioom may, at its sole discretion, suspend or cancel the Program at any time. In such a case, only those Commissions generated up to the effective date of cancellation will be payable, provided they meet the requirements of these T&C.
9- LIMITATION OF LIABILITY
No guarantees: Motioom does not guarantee the signing of Management Agreements with the referred Property Owners nor the volume of revenue that may be generated.
Maximum limit: Under no circumstances shall Motioom’s total liability to the Referrer exceed the amount of the Commission accrued but unpaid under these T&C.
No employment relationship: Participation in the Program does not establish any employment, franchise, agency, or partnership relationship between Motioom and the Referrer.
10- CONFIDENTIALITY AND DATA PROTECTION
Confidentiality: The Referrer undertakes to keep confidential all data and information relating to the Program, as well as any data or information about the properties or Property Owners, unless there is a legal obligation to disclose such data.
Personal Data Protection: Motioom will process the personal data of the Referrer and the Property Owner in accordance with the applicable data protection regulations in the United States. For more details, please see Motioom’s [Privacy Policy].
11- APPLICABLE LAW AND DISPUTE RESOLUTION
Governing law: These T&C and any dispute arising out of or in connection with the Program shall be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to its conflict of law principles.
Jurisdiction: Any claim or dispute shall be submitted to the exclusive jurisdiction of the state or federal courts located in Miami, Florida, United States.
Arbitration (optional): Motioom may offer a binding arbitration mechanism upon mutual agreement with the Referrer, in accordance with the rules of the American Arbitration Association (AAA) and its International Centre for Dispute Resolution (ICDR), seated in Miami, Florida.
12- GENERAL PROVISIONS
Severability: If any provision of these T&C is deemed invalid or unenforceable, such provision shall be interpreted in a manner that best reflects the original intent, and the remaining provisions shall remain in full force and effect.
Entire agreement: These T&C constitute the entire agreement between Motioom and the Referrer with respect to the Program and supersede any prior agreement or understanding, whether written or oral.
No waiver: Failure or delay on the part of Motioom to exercise any right shall not be construed as a waiver thereof.
Assignment: The Referrer may not assign or transfer his or her rights or obligations under these T&C without Motioom’s prior written consent.
13- CONTACT
For any questions or clarifications regarding the Program, you may contact the Company at:
By participating in the Referral Program, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, and that you are legally bound by them.
