Referral Policy Program
Williams Analytics LLC offers a generous Referral Program to promote its products and services. Note that the terms and conditions set forth in this Referral Program Policy apply to any client or referee, past, present, or future. Additionally, the terms and conditions set forth in this policy represent a binding agreement between Williams Analytics LLC and its referees and may change, with or without notice, to the various parties. While Williams Analytics LLC will endeavor to ensure active referees are notified of changes in its various policies, referees are ultimately responsible for changes set henceforth. Specific details of this Referral Program Policy include:
• To be eligible for referral bonuses, product discounts, promotional gifts, etc., you or your company need to register with Williams Analytics by contacting us. The referee's associated email address must be operational and verifiable throughout the time from referral to final payment. This referral account will only contain the most basic information possible on each referee yet will require additional information under special circumstances. An example of a special circumstance would be if a given referee's total referral-based compensation exceeds, or is anticipated to exceed, $600 for a given tax year. In this case, the referee must provide additional information to Williams Analytics LLC in order to receive a given or additional bonus(es). Williams Analytics LLC reserves the right, without penalty or liability, to withhold referee payments until a given referee has properly fulfilled their data-provision requirements.
• There are currently three Referral Partner Levels that a give Referral Partner may achieve. All Referral Partners start out at the Bronze Level which entitles them to a 10% commission on the net referral purchase amounts (see below for specific calculation details). After referring more than $1,000 ($5,000) worth of net transactions to Williams Analytics LLC, a Bronze Referral Partner may be eligible for the Silver (Gold) Level which entitles them to a 15% (20%) commission on new referral purchase amounts. Note that Williams Analytics LLC holds the ultimate discretion in terms of when Referral Partner is officially promoted or demoted to a given Referral Partner Level. Further, Referral Partners agree to hold Williams Analytics LLC harmless for any consequences for Referral Partner promotion or demotion.
• As part of creating a "referral account" with Williams Analytics LLC, eligible referees must agree and adhere to, implicitly in principle and explicitly via an electronic signature, Williams Analytics LLC's various polices and procedures, including this current, Referral Program Policy. Please click here for more information regarding Williams Analytics LLC's policies.
• Referral bonuses will be paid on a "first-come, first-serve" basis with the client making the referral notification to Williams Analytics LLC or through a referee-specific link (or set of links) provided by Williams Analytics LLC. A referral bonus is only good for a single purchase of a product, service, or product/service bundle bought by the referred client. However, with the client's permission and participation, the referee may have multiple referrals attributed to the same client over multiple time periods and over multiple product/service orders.
• No one referee may be named or otherwise designated the sole, unilateral referee for any given business, client, product, or service. A one-time per purchase referral backdating grace period will be allowed for up to 10 business days after a non-referred contract is signed. However, all product, service, or product/service bundles unattributed to a client's particular purchase will, thereafter, be ineligible for a referral bonus.
• It is the responsibility of the referee to ensure that the referred client mentions the referral to Williams Analytics LLC or that said client uses a pre-designated, referee-specific link specified and provided by Williams Analytics LLC. Williams Analytics LLC greatly respects its clients' confidentiality and, when necessary or requested, anonymity. As such, Williams Analytics LLC will not discuss client contracting, pricing, payments, etc. unless specifically released to do so by the client. Thus, to stress: the referred client is ultimately responsible for informing Williams Analytics LLC of the referee's referral.
• Consistent with current US law and ethical interpretations by industry authorities and scholars alike, Williams Analytics LLC is capable of and actively seeks attorney-based referrals. Please contact Williams Analytics LLC for the details of how lawyer-based referrals can be made in a responsible, legal, and ethical way.
• Williams Analytics LLC will pay between 10% and 20% of the total, net amount of a properly-referred product or service, depending on a referee's given Referral Level, where "net amount" refers to the product or service base price minus any applied discounts (promotional or otherwise) and minus any incurred expenses not explicitly factored into the original, negotiated price. Qualifying products and services include those that are not distributed for promotional purposes and those whose "net transactional amount" exceeds $1 USD at the time of the transaction. All bonuses and referenced transaction amounts will be computed based on the United States Dollar (USD) which, itself, will be based on the most-recently-available quotations made around the time of the transaction, calculation, etc.
• For standardized subscriptions where there is no minimum subscription length, Referral Payments will be calculated as the Referral Partner's commission percentage, as defined by their official Referral Partner Level, as designated by Williams Analytics LLC, multiplied by the post-discounted price of the referred subscription. The Referral Partner will earn this commission for each and every period the referred client continues their subscription. This payment will cease if and when the referred client ceases their subscription. Also, referral payments will only be made for subscription periods that last up to the end of the calendar month. Thus, the Referral Partner will not receive a bonus payment for a non-terminating standardized subscription on or before the last day of a given calendar month.
• For Williams Analytics LLC products and/or services that are not non-terminating standardized subscriptions, a more complex referral bonus calculation is necessary. Specifically, payment for referrals will be made in one (1) lump sum after the completion and receipt of final full payment by the referred client. This amount will be calculated using the following formula:
Referral %*[(Contracted Amount*(1-Applicable Discounts %))
- Applicable Discount $ - Estimated Expenses
- ∆Expenses - Collections Expenses]
where "Referral %" is the agreed-upon percentage amount for a given referral; "Contracted Amount" refers to the final and, where applicable, negotiated price Williams Analytics LLC has agreed to with the client; "Applicable Discounts %" refers to the sum of any promotional discounts (in percent) given to the referred client; "Applicable Discounts %" refers to the sum of any promotional discounts (in dollars) given to the referred client in addition to (i.e. over and above) the Applicable Discounts %; "Estimated Expenses" are those expenses quoted to the customer based on Williams Analytics LLC's best estimates of the project's expenses that were not built into the original, negotiated price, if applicable; "∆Expenses" is the actual (realized) project expenses minus the Estimated project expenses (thus, representing a bonus to the referee when Williams Analytics LLC saves the client money from expenses); and "Collections Expenses" represent losses to Williams Analytics LLC from the referred client failing to pay all, or a portion, of their bills, collections expenses, etc.
• All referral bonus payments will be made within 60 business-days of the relevant date. For standardized subscriptions referred to and purchased through the Williams Analytics LLC e-store, referral bonus amounts will be calculated based on the net subscription dollar volume occurring within a given calendar month and then mailed to the appropriate Referral Partner, by check, within five (5) business days thereafter. For non-standardized referral bonus payments, the Referral Partner will be mailed a check and invoice approximately five (5) business days of Williams Analytics LLC receiving full and final payment by the referred client. Williams Analytics LLC is not responsible and, correspondingly, Referral Partners agree to hold Williams Analytics LLC harmless for, bonus payment delays caused by third parties, the referred client, acts of God, and so on.
• For some product referrals, customer returns, cancellation, and/or work-stoppage requests may lead to referral bonus "clawbacks". Clawbacks will be applicable only for qualifying canceled or returned item(s). Please see our Cancellation & Return Policy for more details as to when a product or service may be considered a "qualified item" and, hence, when a referral bonus clawback may be applicable. Once a qualified cancellation or return has been made, no further referral bonuses will be available for the project and, as such, referral clawbacks will only be applicable for the bonus amount paid up to the point of cancellation/return and/or cancellation. Thus, referees will not experience referral bonus clawbacks on anticipated future bonus amounts slated (but terminated) to occur. Clawbacks for qualified canceled or returned items will be calculated based on the following equation:
Bonus Amount Paid*(Usable Life/Total Life)*(1 + Processing %)
where "Bonus Amount Paid" is defined as the net amount actually received by the referee for a qualified referral, up to the point that a referred customer has returned/canceled the item. In cases where the product or service is not subscription-based and, therefore, not quoted in terms of number of days, dollars remaining (based on real, implied, or calculated values) will be used. "Processing %" is a processing fee, currently set at 5%, compensating Williams Analytics LLC for revenue losses and transactions expenses associated with the resolution of any cancellation/return request, and thus referral clawback. Note that, during volatile exchange rate climates and for those receiving referral bonuses in a non-USD currency, referral bonus clawbacks may, however unlikely, exceed the bonus amount paid. Additionally, in cases of extreme exchange rate environments, Williams Analytics LLC may adjust referral bonuses and/or bonus clawbacks to compensate for exchange rate losses to Williams Analytics LLC.
• In cases where the referee has a negative referral balance after one or more referral bonus clawbacks, or when the amount paid in the bonus(es) exceeds the aggregate project referral amounts, Williams Analytics LLC will withhold future referral bonuses until such time that the referee accrues a sufficient amount of referral bonuses to make their account positive once again. Once all prior clawbacks have been "paid" for, the referee will, once again, begin receiving bonus referral credit and associated referral bonus checks.
• The referred-client or referee, at their explicit written request, may ask Williams Analytics LLC to donate any (or all) referral proceeds to a qualified, bonafide charity of the referred client's or referee's choosing. Williams Analytics LLC reserves the right to ultimately choose the form of referral bonuses, under special or extenuating circumstances.
• Additional discounts, gifts, and other tokens of appreciation made from Williams Analytics LLC to its clients and/or referees will not be counted against referral bonuses.
• Williams Analytics LLC reserves the right to rescind referral bonuses in the case that clear fraud, abuse of the referral program or any of Williams Analytics LLC's polices, or suspected wrongdoing is detected. Williams Analytics LLC will make every attempt to validate claims of impropriety, and act accordingly, but retains ultimate authority in terms of final action and bonus payment. Alternatively, Williams Analytics LLC may elect to unilaterally designate a referral bonus to a reputable, nationally based charity of the referee's or of Williams Analytics LLC's choosing.
• Any combination of referral-based discounts, cash payments, e-store credit, etc. above $600 for a given tax year will cause Williams Analytics LLC to prepare a 1099 Form for said referee. It is the referee's responsibility to accept the tax-consequences of any referral-based earnings as well as to faithfully and accurately report said earnings via their (Williams Analytics LLC-provided) 1099 Form to the IRS.
• The referee is wholly responsible for the accuracy of their claims made to potential clients and Williams Analytics LLC will not be held liable by or to anyone for claims made of Williams Analytics LLC or its products/services by others. It is the referee's responsibility to independently ensure the accuracy of their promotional materials and to ensure the accuracy of their claims. Additionally, it is the client's responsibility to sufficiently and independently investigate the claims made by referees and Williams Analytics LLC, independently, in making their purchasing decisions.
• Williams Analytics LLC actively discourages the use of deceptive advertising or promotional strategies and materials and will not tolerate deception of its clients or related parties, especially by active or potential referees. As such, Williams Analytics LLC holds unilateral and recourse-less power to deny referees license to promote the Williams Analytics LLC name, its products, services, etc. Williams Analytics LLC will, however, make attempts at correcting errant behavior, when possible. However, Williams Analytics LLC will not be held responsible for lost referral bonuses, perceived referral bonus losses, losses from reputation, etc. associated with what Williams Analytics LLC perceives as legitimate and reasonable remedies to deception, misrepresentation, policy violations, etc.
• Williams Analytics LLC actively discourages indiscriminate methods of communication including, but not limited to "spam" emails, form-based letters or emails, mass texts, mass calls, etc. or even outright harassment. Williams Analytics LLC, instead, actively encourages the use of well-crafted, well-targeted, personalized, meaningful communication(s) to qualified potential clients. As noted above, Williams Analytics LLC reserves the right to monitor, correct, or restrict referral activity if it feels referee behavior misrepresents Williams Analytics LLC (or its products/services or affiliates), exposes Williams Analytics LLC to unreasonable loss or liability, or in any way damages the goodwill (real, perceived, or potential) between Williams Analytics LLC and its clients (potential, active, or past).
If you have any questions, concerns, or comments regarding this policy or any other Williams Analytics LLC policy, please contact us today for clarification.
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