1. Referral Program
Alehar Advisors, Inc. (“Alehar”) offers a referral program for Alehar’s customers and members of the Alehar network (each a “Advisor”) who wish to introduce prospective customers (each a “Prospect”) to Alehar via connecting Alehar with relevant decision makers of the Prospect (a “Referral”). The referral program (“Program”) is governed by these general terms and conditions (“Terms & Conditions”). By participating in the Program, Advisors and Prospects agree to comply with these Terms & Conditions.
2. Referral Eligibility Criteria
In order to be eligible for this Program, the Prospect and the Referral must in any event fulfill the following criteria:
The Prospect must be a company that:
- advisor has received a confirmation via email from Alehar that it desires the referral
- qualifies as a fit for Alehar’s services
- becomes a client of Alehar for any service within 12 months of the referral being made
- For Fundraising and Sell-Side M&A, is incorporated in countries in South-Asia and South-East Asia
- For Fundraising, is raising USD 5m+
- For Sell-Side M&A, is exploring a sale of USD 5m+
- For Fractional CFO Team, has an annual revenue greater than USD 1m.
The Referral must be to:
- a decision maker of the Prospect who has sufficient seniority to authorize or recommend the use of Alehar’s services, e.g. a founder, CEO, CFO or member of the board,
- a new Prospect, in principle being a Prospect (i) that is not an existing or previous client of Alehar and (ii) to whom Alehar has neither provided any services nor with whom Alehar has recently been in negotiations to provide its services before the time of referral.
The assessment of the decision maker’s sufficient seniority and of the Prospect’s novelty is in Alehar’s sole discretion.
3. Referral process
3.1 The Advisor has to submit its Referral and all related information about the Advisor and the Prospect via email to advisors@alehar.com. The moment Alehar receives the email will be the relevant time of referral.
3.2 Alehar will make a first assessment whether the Referral and the Prospect will presumably fulfill the eligibility criteria mentioned in clause 2. above. If that is the case, Alehar will reach out to the Advisor so he/she can make an email introduction to the Prospect’s contact person. Following the email introduction, Alehar will follow up with the Prospect on its eligibility for and interest in using Alehar’s services.
3.3 The Advisor covenants that it has obtained explicit prior consent by the Prospect’s contact person to share its contact information with Alehar and to use the Prospect’s contact email for the purpose of introduction.
4. Milestones & Reward Structure
4.1 If a Referral reaches any the following milestones, the Advisor may be entitled to a reward on the basis set out below and subject to these Terms & Conditions:
a. Fundraising milestone
- Fundraising milestone is reached once Prospect pays Alehar the success fee for successfully securing capital for Prospect's fundraise.
- If a Referral reaches Fundraising milestone, the Advisor is entitled to a one-time cash reward equal to 10% of the success fee received by Alehar from the Prospect.
b. Sell-Side M&A milestone
- Sell-Side M&A milestone is reached once Prospect pays Alehar the success fee for successfully concluding a sale for the Prospect.
- If a Referral reaches Sell-Side M&A milestone, the Advisor is entitled to a one-time cash reward equal to 10% of the success fee received by Alehar from the Prospect.
c. Fractional CFO Team milestone
- Fractional CFO Team milestone is reached once Prospect pays Alehar the first monthly retainer fee for providing Fractional CFO Team services.
- If a Referral reaches Fractional CFO Team milestone, the Advisor is entitled to a monthly cash reward equal to 10% of the monthly retainer fee received by Alehar from the Prospect for the first 12 months.
d. Fractional Investment Team milestone
- Fractional Investment Team milestone is reached once Prospect pays Alehar the first monthly retainer fee for providing Fractional Investment Team services.
- If a Referral reaches Fractional Investment Team milestone, the Advisor is entitled to a monthly cash reward equal to 10% of the monthly retainer fee received by Alehar from the Prospect for the first 12 months.
4.2 Alehar will track the status of Referrals and will notify the Advisor in due time once a milestone has been reached and a reward has been earned. The Prospect expressly acknowledges and agrees that Alehar will notify the Advisor about the status of the Referral.
4.3 Cash rewards will be paid via bank transfer to the bank account nominated by the respective recipient.
4.4 Cash rewards are inclusive of value added tax and all other applicable taxes, duties, withholdings and/or levies. If Alehar is required to withhold any withholding or similar taxes, Alehar will do so and will make the according payments. Any withholding taxes paid by Alehar to the relevant tax authority will be deducted from any cash reward amounts due to the recipient, such that the amount paid to the recipient will be net of the withholding taxes.
5. Additional Reward Conditions and Exclusions
5.1 The Advisor shall only refer one contact person per Prospect (i.e. usually the most senior one) to Alehar. If the Advisor should for whatever reason refer more than one contact person per Prospect, this will only qualify as a single Referral and such Prospect reaching a milestone will only trigger a single reward for the Advisor.
5.2 If different Advisors refer the same Prospect, be it with the same or different contact persons of the Prospect, only the Referral of the first Advisor will be rewarded.
5.3 There is no limit on the number of Prospects a Advisor may refer to Alehar. If a Advisor refers more than one Prospect to Alehar, the Advisor will be entitled to an individual reward for each referred Prospect which reaches a milestone. Cash reward entitlements of the Advisor may accumulate.
5.4 In the following circumstances, there shall be no or only limited reward entitlement:
a. Employees of Alehar, shareholders of Alehar and their employees or shareholders, as well as any family members or related parties of the aforementioned persons, are excluded from this Program.
b. If the Prospect is an affiliated company of the Advisor or is the employing entity of the Advisor, there will be no reward entitlement, neither for the Advisor nor for the Prospect.
c. In case of chain referrals, i.e. when a Advisor (“Original Advisor”) has referred a Prospect (“Original Prospect”) and then at a later stage this Original Prospect itself refers another Prospect (“Chain Referral”), then the Original Advisor will not be entitled to receive rewards for the Chain Referral.
d. For the avoidance of doubt, it remains in Alehar’s sole discretion to enter into a service contract with a referred Prospect; hence under no circumstances a reward may be claimed on the grounds that Alehar may have thwarted the achievement of a milestone.
6. Alehar Marketing Material
6.1 The Advisor may use marketing material which Alehar may provide for the purpose of a Referral.
6.2 Alehar hereby grants the Advisor a non-exclusive, worldwide, royalty-free, revocable and non-transferable license, to use Alehar’s logos and trademarks for the sole purpose of marketing and promoting the Alehar’s services pursuant to these Terms & Conditions. Except as expressly set forth herein, the Advisor shall have no right or interest in Alehar’s materials.
6.3 The Advisor (i) shall not amend the marketing material provided by Alehar in any form, (ii) shall not produce any marketing material for Alehar’s services or use Alehar’s name, logo or trade marks on any marketing material other than the introduction emails to Prospects without the prior written consent of Alehar.
7. Data protection
7.1 The Advisor shall always comply with all applicable data protection legislation.
7.2 The Advisor and the Prospect acknowledge and agree that Alehar will process and store data of the Advisor and the Prospect, which may include personal information of the respective contact persons, for the purpose of the operation of the Program.
8. Final provisions
8.1 Alehar may modify, discontinue or suspend the operation of the Program itself and these Terms & Conditions at any time and at its reasonable discretion. Any Referrals which have been properly submitted pursuant to the respective current Terms & Conditions at the time of such modification, discontinuation or suspension will remain unaffected.
8.2 Should one of the provisions of these Terms & Conditions be or become invalid, illegal or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions. The legally invalid, illegal or unenforceable provision shall be replaced by the parties with a provision which comes as close as reasonably possible to the commercial intentions of the invalid, illegal, unenforceable.
8.3 The Program and Terms & Conditions shall be governed and construed in accordance with the laws of The Philippines. The exclusive place of jurisdiction for all claims arising out of or in connection with the Program and these Terms & Conditions is Manila.
