ForgePoint Cyber Referral Agreement

1.1 The Referrer may introduce companies that may need ForgePoint's services ("Referrals"), by sharing the Referrer's link or code, or by using ForgePoint's "Introduce a contractor" form.

1.2 The Referrer is an independent party, not ForgePoint's employee, agent or partner. The Referrer may not sign anything, quote prices, make promises, or speak for ForgePoint.

2.1 ForgePoint gives the Referrer a code made from the Referrer's initials (for example HK, or HK2 if taken) and a link such as thatcmmcguy.com/HK.

2.2 Codes are personal. ForgePoint may change or retire a code with notice.

A Referral qualifies only if all of these are true:

(a) the company is new to ForgePoint: not a current client and not an active lead in ForgePoint's records in the 12 months before the introduction;

(b) it was introduced through the Referrer's code, link or form, and it is the first introduction ForgePoint recorded for that company;

(c) it signs and pays for a ForgePoint engagement within 12 months of the introduction;

(d) the Referrer is not an owner, officer or employee of the referred company (no self-referrals).

4.1 Amount: 10% of the fees ForgePoint actually collects for the referred company's first paid engagement, capped at US$2,500 per referred company. For a monthly engagement, the fee is 10% of the monthly fees collected for the first 3 months (not hourly or overage charges); if the engagement ends sooner, it is 10% of what was collected.

4.2 Top-up for a small first step: if the referred company's first engagement is Microsoft 365 Hardening, and the same company signs a larger engagement within 12 months of its first payment, the Referrer is topped up to the fee that larger engagement would have earned as a first engagement, less what was already paid. This happens once per company.

4.3 Otherwise one fee per company. No fee on later engagements, renewals, free services (such as the Self-Check or a scoping call), taxes, or expenses.

4.4 Clients who refer may choose a credit of the same amount on their next ForgePoint invoice instead of cash.

4.5 No price impact. The referred company pays ForgePoint's normal price. The fee comes from ForgePoint.

4.6 Refunds: if ForgePoint refunds the referred company, the fee is reduced to match, and any overpaid fee may be deducted from future fees.

4.7 Partner bonus: if the Referrer introduces someone who is then approved as a new referral partner (by giving the Referrer's code when they apply), the Referrer receives a one-time bonus of US$250 when that new partner's first referral fee is earned. One level only: no bonus on the new partner's later referrals, and none on anyone the new partner introduces. The bonus is paid like a referral fee (section 5).

5.1 Method: payouts are made through Stripe Connect to a bank account (ACH) or debit card in the Referrer's (or Referrer's business's) name. Debit-card (instant) payouts carry Stripe's instant payout fee (currently 1%), deducted from that payout. A Referrer who is a ForgePoint client may take an invoice credit instead. No cash apps, gift cards or cryptocurrency.

5.2 When: each fee is paid in one payment, on the 15th of the month (or the next business day) after the referred company has paid in full for a one-time engagement, or has paid its first 3 months for a monthly engagement (or the engagement ended sooner).

5.3 Payout details only when a fee is owed: the Referrer gives no tax ID or bank details to join. When the Referrer's first fee is earned, ForgePoint will send a link to set up a Stripe account, where the Referrer gives its tax ID (SSN or EIN) and bank account or debit card directly to Stripe. ForgePoint pays nothing until that account is verified. Earned fees are held, not lost, for up to 12 months after they are earned, and ForgePoint will extend this on request. Stripe's own terms apply to the Referrer's Stripe account.

6.1 The Referrer must tell each person it refers that it may be paid by ForgePoint, before or when making the recommendation:

Spoken or one-to-one: "Full disclosure: I get a referral fee from ForgePoint if you hire them. It doesn't change your price."

Posts, newsletters, websites, videos: a clear note next to the link or mention, not hidden: "I get a referral fee from ForgePoint Cyber if you become a client."

6.2 The Referrer must also follow any disclosure or referral-fee rules of its own profession (for example CPAs or attorneys).

6.3 ForgePoint also tells every referred company, in its scoping call and its statement of work, that the Referrer may receive a fee.

6.4 Breach: the first time the Referrer fails to disclose, no fee is paid for that Referral. The second time, ForgePoint may end this Agreement at once.

The Referrer must not:

(a) promise or suggest any CMMC certification, assessment result or score;

(b) make claims about ForgePoint, its services or its people beyond ForgePoint's published materials;

(c) bid on "ForgePoint" or ForgePoint's domain names in paid search, or register look-alike domains or social accounts;

(d) send unsolicited bulk email or messages that break anti-spam laws;

(e) offer any part of the fee to the referred company or anyone working for it;

(f) tie a Referral to any government prime contract or subcontract award, or offer anything of value to obtain one.

ForgePoint does not accept as Referrers: C3PAOs, certified CMMC assessors or anyone acting for them; people working for a government agency, including contracting officials; and anyone ForgePoint decides, in its discretion, would create a conflict of interest. The Referrer confirms none of these apply and will tell ForgePoint if that changes.

ForgePoint's findings, recommendations and advice are never influenced by who referred a client. The Referrer receives no confidential information about referred companies. Status updates show only the company name and the stage of the referral.

ForgePoint emails the Referrer a weekly status update while it has open Referrals (or a monthly summary when nothing changed), listing each Referral and its stage: Introduced, Call booked, Proposal sent, Client (fee pending), Fee paid, or Not a fit.

Either party may end this Agreement at any time by email. Fees already earned under sections 3 and 4 for Referrals introduced before the end date are still paid, except where the Agreement ended for a breach of section 6 or 7.

12.1 ForgePoint may change the program terms with 30 days' email notice; changes do not reduce fees for Referrals already introduced.

12.2 Neither party is liable to the other for indirect or consequential losses. ForgePoint's total liability under this Agreement is limited to fees owed under it.

12.3 Colorado law governs this Agreement.

12.4 This is the whole agreement about referrals. Electronic signatures count: typing your name and submitting the application signs it.