Terms and Conditions
THE KEY WORDS AT A GLANCE
In these Terms and Conditions, the following definitions apply:
BrightPath: B.P. Corporate Group N.V., a Sint Maarten-registered company advising and consulting on all immigration, business incorporation and investment planning matters in the Territory;
Milestone(s): landmarks that BrightPath uses to indicate the several stages of a process, divided into 1) receipt of documents, 2) preparation of application forms, 3) submitting of application forms, 4) monitoring, 5) outcome;
Offer: the commitment by BrightPath to the Participant to pay the Referral Fee;
Participant: a natural person, male or female, age 18 or over, that registers to participate in the Referral Program and is directly bound by these Terms and Conditions upon Registration;
Parties: BrightPath and the Participant jointly;
Referral Code: Unique code that each Participant receives to connect the Subject to the Participant;
Referral Fee: the fee that BrightPath commits to pay to the Participant once the requirements is stipulated in these Terms and Conditions and as published on the website www.BrightPathcaribbean.com are met;
Referral Program: the program as described in these terms and conditions and on the website www.BrightPathcaribbean.com, which awards any person who successfully refers immigration business to BrightPath;
Registration: completing the registration form to participate in the Referral Program on the website www.BrightPathcaribbean.com;
Subject: the natural person wishing to engage BrightPath’s immigration services;
Territory: BrightPath operates in Anguilla, Antigua, Belize, Dominica, St. Kitts & Nevis and Sint Maarten, D.W.I.
BRIGHTPATH’S REFERRAL PROGRAM: HOW DOES IT WORK?
The Referral Program is limited to immigration matters. Hence, only Participants that refer a Subject seeking advice on immigration matters, are eligible for the Referral Program. Any referral for prospective clients in the field of business incorporation and investment planning are explicitly excluded from the Referral Program. Only immigration matters within the Territory are eligible.
3. Becoming a Participant
a. Becoming a Participant can be done by completing the digital registration form on the website http://www.BrightPathcaribbean.com.
b. After Registration, a confirmation email will be sent to the Participant.
4. Referral Code
a. Once the Participant’s Registration is approved by BrightPath, the Participant will receive a unique Referral Code by email, which the Participant must give to the Subject to direct him or her to BrightPath’s services, and for the Subject to receive a discount.
b. The Referral Code is personal and tied to the Participant’s referral account.
DO I QUALIFY?
5. Additional Requirements
a. Participants must be 18 years or older.
b. The Subject who the Participant refers must be a new client to BrightPath, meaning that BrightPath has never provided services to or held prior consultations with the Subject him- or herself, his or her family members and/or other affiliates such as friends or (former) colleagues.
c. A Participant does not qualify if he or she was a Subject within 3 (three) months immediately prior to Registration.
d. The Subject must initiate the immigration process by using the Referral Code given by the Participant.
e. The Participant and the Subject may not be the same person.
f. To verify the identity of the Participant and to ensure that the Participant respects the conditions of the Referral Program, the Participant is asked to provide valid proof of identification upon Registration. BrightPath ensures that this information is treated confidentially and is only used for the aforementioned purpose.
g. Each Registration is subject to verification. BrightPath reserves the right to refuse a prospective Participant to participate in the Referral Program if it deems such participation to be fraudulent or in violation of these Terms and Conditions, potentially resulting in liability of BrightPath and/or its affiliates, officers, directors, employees and subconsultants. All such decisions by BrightPath are final and binding.
6. No Employment
Nothing in the relationship between the Parties, including these Terms and Conditions and the Registration Form, is intended to form an employment relationship between them. Registering for the Referral Program is a one-time event and no obligations other than those as stipulated in these Terms and Conditions arise between the Parties from the Registration.
WHEN AND HOW TO I GET PAID?
7. Referral Fee
a. Upon completion of Milestone 3, being the submitting of application forms and the full payment of all fees up to that point, BrightPath commits to paying the Participant the Referral Fee within thirty (30) days in the method preferred by the Participant pursuant to article 8 of these Terms and Conditions upon Registration. The Participant will receive an email confirming that completion of Milestone 3 was achieved.
b. The Referral Fee is not calculated per person, but per file. For example, one family seeking BrightPath’s services qualifies as one referral, thus one Referral Fee. Similarly, referring a couple (two partners) earns the Participant one Referral Fee.
c. The Referral Fee is granted to the Participant whose Referral Code is (first) used by the Subject. If multiple Participants refer the same Subject, only the Referral Code that is used by the Subject is decisive, regardless of which Referral Code was forwarded to the Subject first.
8. Payment Method
Payment of the Referral Fee by BrightPath to the Participant will be made by wire transfer into a bank account registered to the Participant or by check payable to the Participant. The Participant is responsible for providing a working bank account and will furthermore bear any and all banking costs involved with the transaction, including – but not limited to – conversion costs and international wire transfer costs. Payment is issued in United States currency only. The Referral Fee will not be paid in cash.
The participation by the Participant is not transferrable or assignable and the Referral Fee will only be paid to the Participant to the bank account indicated by the Participant upon Registration or by check payable to the Participant.
The Participant is responsible for any and all tax and/or social security premiums that may be due and payable in his or her jurisdiction and hereby indemnifies and holds BrightPath harmless from any related claims.
PRIVACY AND CONFIDENTIALITY
11. Personal Data
a. BrightPath processes personal data of the Participant in accordance with the applicable rules and regulations for protection of the privacy, in particular the National ordinance on the protection of personal data, in a way and for the following purposes: payment, complaint handling and dispute resolution, for commercial purposes such as sales activities relating to the services of BrightPath and/or services of third parties affiliated with the services of BrightPath, all the afore notwithstanding what is stipulated in article 5(f) of these Terms and Conditions.
b. The Participant, being a natural person, has the right to inspect, correct and object to its processed personal data. BrightPath can charge costs limited to the legal maximum for inspecting, correction and handling objections. The Participant can file an appeal against the processing of its personal data and requests for inspection, correction, and objection with BrightPath.
c. In particular, the Participant consents to his or her testimonial being used for BrightPath’s marketing in general, including being published on BrightPath’s social media channels and website.
a. Any information regarding the business of BrightPath or any of its affiliated organizations that the Participant may learn by participating in the Referral Program are subject to confidentiality regardless of how the Participant learned of such information.
b. Breach of this confidentiality includes – but is not limited to – any defamatory statements made to the general public about BrightPath.
c. If the Participant breaches this confidentiality clause, he or she will incur a penalty of US$ 5,000.- per violation and US$ 1,000.- for each day that this violation continues, without prejudice to BrightPath’s right to claim real damages in full.
LIABILITY AND INDEMNIFICATION
13. Indemnification and force majeure
a. Where BrightPath is mentioned in this article, it shall include its affiliates, officers, directors, employees and subconsultants.
b. The Participant hereby indemnifies BrightPath for claims from third parties, including – but not limited to – any damage incurred by the Subject or BrightPath resulting from any advice or representation provided by the Participant to the Subject or BrightPath in relation to the Participants participation in the Referral Program.
c. BrightPath shall not be held liable for any data corruption, hardware or software malfunctions, digital errors or any other losses or damages associated with the Referral Program that were not reasonably foreseeable to BrightPath at the time of making the Offer.
d. BrightPath denies any liability for damage to any device used to register for or research the Referral Program.
e. BrightPath shall not be held liable for any failure to pay the Referral Fee as a result of circumstances outside of its control, including – but not limited to – acts of God, hurricanes, pandemics, strikes, governmental actions and civil disturbances.
f. In any case, BrightPath shall not be liable for any amount exceeding US$ 100.-, regardless of the nature of the claim.
g. The Participant enters the Referral Program at his or her own risk.
h. Should the Participant in any way violate these Terms and Conditions and/or commit any illegal act associated with the Referral Program in any way, BrightPath reserves the right to claim damages to the fullest extent of the applicable law and recover all actual legal costs incurred in pursuing such claims.
a. BrightPath may disqualify the Participant and cancel his or her Registration with immediate effect if the Participant breaches his or her obligations under these Terms and Conditions or if the Participant has provided false or misleading information about him- or herself or the Subject.
b. Any incorrect information provided by the Participant will render the Offer null and void. This includes – but is not limited to – any typographical errors during Registration.
c. BrightPath reserves the right to terminate the Referral Program at any time at its sole discretion.
THESE TERMS AND CONDITIONS AND THE LAW
15. Applicable law and dispute resolution
These Terms and Conditions are exclusively governed by the laws of Sint Maarten, regardless of the country within the Territory for which the Subject engages BrightPath’s services. Any dispute with regards to any agreement concluded between the Parties shall be settled by the Court of First Instance of Sint Maarten, which court shall have exclusive jurisdiction, notwithstanding the right of each party to appeal.
In the event that any of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, all other terms and conditions will nonetheless remain in effect.
By registration, the Participant declares to accept and comply with the Terms and Conditions of BrightPath, which are also available on the website www.BrightPathcaribbean.com and at the reception desk of BrightPath’s office. These Terms and Conditions together with the Registration Form govern the legal relationship between BrightPath and the Participant. BrightPath reserves the right to amend these Terms and Conditions at any time at its sole discretion.