Refer

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Our most successful referrals result from satisfied customers. As a way of thanking you for helping us grow our business we would like to introduce you to the DMD Customer Referral Program.

Getting started is easy. Submit a qualified lead below, and both you and your company receive rewards.

Refer a qualified lead and you will receive a $100 American Express gift card¹.

If the lead you submit results in a closed sale,

you receive a $250 American Express gift card².
your company receives $2,000 in credit to be applied toward future software licenses from DMD³.

Keeping track of your referrals is simple. Contact our Business Development team at 858.550.8810 or bizdev@dmdinc.com.

¹A lender or a broker becoming a banker with whom we are not already familiar.
²If your company policy prohibits personal gifts we will make a charitable donation in your name.
³Some restrictions apply

Rewards or credits resulting from a closed sale are due and payable to the referring individual (or charitable donation) and the company in the month following the month in which DMD receives payment from the new customer.

To refer a prospective customer, please submit the information below. Fields in red are required.

About You
Your First Name*	Your Last Name*
Your Phone Number	Your Extension
Your Email*
Your Company*
Your Relationship to Lead
About Your Referral
Company Name*
Company Business Type
Company City	Company State
Contact First Name*	Contact Last Name*
Contact Phone	Contact Extension
Contact Email
Contact's Role at Company
Comments
Lead Referral Agreement Lead Referral Agreement
Please read the following agreement thoroughly: SALES LEAD REFERRAL SOURCE AGREEMENT FOR DEL MAR DATATRAC, INC. (“DMD”) THE FOLLOWING AGREEMENT IS INTENDED FOR USE ONLY BY CURRENT CLIENTS OF DMD. IF YOU ARE NOT A CURRENT CLIENT OF DMD, PLEASE EXIT THIS PAGE. IMPORTANT- READ CAREFULLY: THIS LEAD REFERRAL AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND DMD FOR THE REFERRAL OF SALES LEADS. IN THIS AGREEMENT, YOU AND YOUR COMPANY SHALL BE COLLECTIVELY REFERRED TO AS THE “CLIENT” OR THE “CLIENT REFERRAL SOURCE”. BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND AGREE TO BE BOUND BY THEM, AND, IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT, WARRANT, AND COVENANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY, AND BIND SUCH ENTITY TO THE TERMS AND CONDITIONS HEREOF. IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD CLICK ON THE "I DO NOT AGREE" BUTTON, IN WHICH CASE: (1) YOU WILL NOT BE BOUND BY THE TERMS OF THIS AGREEMENT; AND (2) DMD WILL NOT BE BOUND BY THE TERMS OF THIS AGREEMENT. BY CLICKING “I AGREE” YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND DMD REGARDING SALES LEAD REFERRALS. This Agreement is entered into as of the date that Client clicks on the “I AGREE” button below, by and between DMD, with offices located at 10509 Vista Sorrento Pkwy, Suite 400, San Diego, CA 92121 and Client Referral Source, with offices located as indicated on the Sales Lead Referral Form. WHEREAS, DMD develops and sells a suite of software applications targeted for the mortgage banking industry (“Products”); WHEREAS, DMD desires to engage Client Referral Source for the purpose of providing to DMD, and Client Referral Source desires to provide to DMD, from time to time, sales leads or prospects, as set forth in greater detail below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term and Termination This Agreement shall commence on the date that Client clicks on the “I AGREE” button below and continue until terminated by either party upon thirty (30) days prior written notice to the other party, with or without cause. This Agreement shall also terminate automatically upon the termination, for any reason, of Client’s license agreement with DMD regarding the Products. Neither party shall be liable to the other party for any damages whatsoever solely as a result of terminating the Agreement as set forth herein, provided that, subject to the terms set forth herein, the foregoing shall not preclude a party from obtaining damages suffered or incurred by such party as a result of a breach of this Agreement by the other party. Notwithstanding the termination of this Agreement for any reason, DMD’s obligation to pay Client Referral Source applicable Commissions (as defined below) shall survive with respect to any Qualified Leads (as defined below) presented to DMD by Client Referral Source prior to the effective date of termination. 2. Engagement and Relationship During the term of this Agreement, DMD engages Client Referral Source to provide to DMD, and Client Referral Source agrees to provide to DMD, from time to time, contact information for leads or prospects reasonably expected to buy Products within ninety (90) days from the date of submittal by Client Referral Source. Client Referral Source’s responsibilities and authority shall be as set forth in further detail in Section 3, below, in addition to other sections of this Agreement. Unless otherwise mutually agreed to in writing by the parties, or in connection with other separate written agreements between the parties, Client Referral Source shall not represent its relationship with DMD as anything other than an independent contractor providing sales leads or prospects to DMD, and DMD shall not refer to Client Referral Source as anything other than as an independent contractor providing sales leads or prospects to DMD. 3. Client Referral Source Responsibilities and Authority Client Referral Source’s sole responsibility and authority hereunder is to provide to DMD the names of prospective customers for the purchase of Products, with appropriate contact information, in such quantity and frequency as Client Referral Source at its sole discretion shall determine. Client Referral Source is neither expected to nor authorized to engage in the demonstration or sale of Products. Subject to Section 6 below (entitled Compensation), Client Referral Source shall receive credit only for a Qualified Lead, defined solely as any mortgage lender or prospective mortgage lender whose name and complete contact information is provided to DMD on the Sales Lead Referral Form via the following Web site link: www.delmardb.com/refer. A referral is presumed to be a Qualified Lead unless DMD notifies Client Referral Source within ten (10) business days of receipt of a submittal of a prior submittal of the same name from another source. Other sources may include, among others: DMD internal organization, another Client Referral Source, existing or past referral partners, or a VAR channel member. To remain a Qualified Lead, the prospective customer must verify to DMD upon first contact by the DMD sales department the prospective customer’s intention to acquire, within ninety (90) days, mortgage lending software in the general category of Products. In addition, to remain a Qualified Lead, the prospective customer must purchase one or more Products within one hundred and eighty (180) days of Client Referral Source’s submittal date. At the passage of said one hundred and eighty (180) days, the Qualified Lead will automatically become an unqualified lead and credit will expire until the lead is again qualified using the process set forth herein. 4. Pricing, Contract Terms, and Billing DMD shall be responsible for and have sole authority for Product pricing, establishing contract terms, and all billing of all customers for Products. Client Referral Source shall have neither responsibility nor authority for pricing, contract terms, or billing. 5. Territory and Exclusivity DMD sells Products within the United States and its territories (“Territory”). Client Referral Source may submit names as prospective Qualified Leads from anywhere within the Territory on a non-exclusive basis. 6. Compensation DMD shall pay Client Referral Source a commission for sales to Qualified Leads, (“Commission”), subject to the following terms and conditions: (a) The customer must on the date the sales agreement is signed by customer be a Qualified Lead as defined in this Agreement; (b) A Commission shall not be paid for subsequent sales of Products or maintenance renewals to the same customer; (c) Commissions shall be due and payable to Client Referral Source in the month following the month in which DMD actually receives payment from the customer. (d) Commission will be paid to Client Referral Source, at its sole option, according to two (2) of the following selections (must be two (2) different selections): (i) $2,000 (payable to Client Referral Source); (ii) One (1) DataTrac user license at no cost (not including annual Client Support Services fee (maintenance)); (iii) Eight (8) hours of online module training at no cost; (iv) One (1) DataTrac custom report at no cost (limit of eight (8) hours). The foregoing compensation shall be Client Referral Source’s sole compensation in connection with this Agreement, and in no event shall DMD be obligated to pay Client Referral Source any other compensation hereunder. 7. No Trademark License Client Referral Source is not authorized to use DMD’s name, logo, trademarks, or other similar marks in any manner whatsoever unless and until Client Referral Source is first granted a written license thereto by DMD, such license may be granted or withheld in DMD’s sole discretion. 8. Ownership Each party acknowledges and agrees that DMD owns and shall continue to own all right, title and interest in and to Products, which includes, without limitation, all computer software, Web pages, internet access, design or other proprietary documentation or information relating to Products, as well as any and all developments relating thereto. 9. Additional Client Referral Source Covenants Client Referral Source additionally covenants and represents that (i) Client Referral Source shall make no representation or warranties on behalf of DMD; and (ii) Client Referral Source shall not sell, transfer, publish, disclose, display or otherwise make available the Products, to others except as expressly permitted herein. 10. Limitation of Obligation and Liability Limitation of Obligation. DMD has no obligation of any sort to pursue or act upon any Qualified Lead or other sales lead or information provided to DMD by Client Referral Source. DMD may at its sole discretion use the information provided to DMD by Client Referral Source in any manner DMD so chooses, without restriction or limitation. In no event shall DMD’s failure to act upon information provided to DMD by Client Referral Source be deemed a breach of this Agreement or create a de facto Commission due Client Referral Source. Limitation of Liability. DMD assumes no liability for any loss, injury, claim, liability or damage of any kind including loss of business, lost profits, lost data, or failure of security resulting in any way under this Agreement. Accordingly, IN NO EVENT, UNDER ANY THEORY OF LIABILITY, SHALL DMD BE LIABLE TO CLIENT REFERRAL SOURCE OR ANY THIRD PARTY FOR ANY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. IN NO EVENT SHALL DMD’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT FOR DIRECT DAMAGES, UNDER ANY THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY DMD TO CLIENT REFERRAL SOURCE IN THE SIX-6-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY IN ITS ENTIRETY. 11. Miscellaneous Injunctive Relief. Client Referral Source understands and agrees that DMD will suffer irreparable harm in the event of any breach of this Agreement by Client Referral Source and that monetary damages may be inadequate to compensate DMD for such breach. Accordingly, Client Referral Source agrees that, in addition to and not in lieu of other rights, remedies or damages, DMD shall be entitled to temporary or permanent injunctive relief in order to prevent or restrain any breach hereunder. Assignment. Client Referral Source may not assign this Agreement without the prior written consent of DMD, except that such consent shall not be required for (i) an assignment in connection with any merger, acquisition, consolidation, or re-organization involving the Client Referral Source; or (ii) a sale of all or substantially all of the Client Referral Source’s assets or voting interests. Either party may assign or pledge receivables or funds belonging to it without violating this Section. DMD may freely assign this Agreement to any third party provided that such third party agrees in writing to be bound by the terms hereof. Any attempted assignment made in violation of this assignment provision shall be null and void. Governing Law. This Agreement shall be governed by the laws of the State of California, and, except for actions for injunctive or other equitable relief as set forth above, which may be brought by DMD wherever it deems appropriate, the state or federal courts located in the County of San Diego, California shall be the exclusive venue for any action brought in connection with this Agreement, and each party irrevocably consents to the jurisdiction of such courts. The prevailing party in any legal action brought by a party in connection with this Agreement shall be entitled to its reasonable attorney’s fees in addition to any relief granted by the applicable court. Waiver. No failure by any party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy hereunder shall constitute a waiver. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of this Agreement shall continue in full force and effect with respect to any other existing or subsequent breach. Amendment. No amendment of this Agreement shall be effective unless in writing and executed by the duly authorized representative of each party. Entire Agreement. This Agreement, together with any attachments hereto, constitutes the complete, final, and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether explicit or implicit, which have been entered into before the execution hereof. For avoidance of doubt, this Agreement does not supersede or replace any separate written agreements previously executed by the parties for any subject matter other than sales referrals, such agreements to remain in full force and effect. Notices. Any notice or other communication required or which may be given hereunder shall be in writing and shall be delivered personally, telexed or sent by facsimile, receipted on-line e-mail or other electronic medium, or by United States mail, postage prepaid, and shall be deemed given when so delivered personally, when received by facsimile, e-mail or other electronic medium, or if mailed, three (3) days after the date of mailing, as follows: If to DMD: Del Mar Datatrac, Inc. Attn: Director of Finance 10509 Vista Sorrento Pkwy, Suite 400 San Diego, CA 92121 Fax: 858-550-8822 If to Client Referral Source: As indicated on the Sales Lead Referral Form Any party may change its address or contact person for notice purposes by written notice to the other party and such change shall be effective upon receipt. Invalidity. If any portion of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity and enforceability of the remainder of this Agreement. In such event, all parties agree that the court making such determination shall have the power to alter or amend such provision so that it shall be enforceable consistent with the intention of the parties. The parties believe that this Agreement comports with all relevant laws and regulations. In the event that all or any portion of this Agreement shall be found to be contrary to any law or regulation and as a result is nullified or terminated by force of law, neither party shall be liable to the other by reason of such nullification or termination. Independent Contractors. In performing obligations under this Agreement, it is mutually understood and agreed that at all times Client Referral Source and its employees and agents, if any, shall be acting and performing as independent parties, and are not employees or agents of DMD. Nothing contained in this Agreement shall be construed to create a joint venture, partnership, agency, franchise, employment, representative, or like relationship between the parties, it being specifically agreed that their relationship is and shall remain that of independent parties to a contractual relationship as set forth in this Agreement. In no event shall either party be liable for the debts or obligations of the other party. Confidentiality. The parties do not intend to exchange any confidential information hereunder, and all information provided hereunder shall be deemed to be non-confidential. If the parties wish to exchange confidential information, then the parties shall enter into a separate written non-disclosure agreement in connection therewith. Non-exclusivity. The nature of the rights granted by DMD hereunder are non-exclusive, and nothing expressed or implied herein shall preclude DMD from entering into the same or similar agreements with any third party anywhere in the world.
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