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Careerist Referral Program AgreementTHIS REFERRAL PROGRAM AGREEMENT BETWEEN YOU AND CAREERIST GOVERNS YOUR PARTICIPATION IN THE CAREERIST REFERRAL PROGRAM. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THESE TERMS OF CAREERIST REFERRAL PROGRAM AGREEMENT AND CONTINUING TO PARTICIPATE IN CAREERIST REFERRAL PROGRAM YOU WILL BE DEEMED TO HAVE CONFIRMED THAT YOU (A) ARE ABOVE THE AGE OF 18 (EXCEPT IF YOU RESIDE IN THE STATE OF ALABAMA AND NEBRASKA YOU MUST BE 19 YEARS OR OLDER, AND YOU MUST BE 21 YEARS OLD OR OLDER IF YOU RESIDE IN MISSISSIPPI), AND (B) HAVE ACCEPTED CAREERIST PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS OF USE AS AN INTEGRAL PART OF THIS CAREERIST REFERRAL PROGRAM AGREEMENT.
The Company (Careerist, we, us) — Careerist Inc., a company having its registered office at 680 S Cache Street, Suite 100-8790 Jackson, WY 83001, US. — Referral Program Operator.
Participant (You, you) - any user who participates in the Careerist Referral Program under the Referral Program Agreement.
Terms of Service - Website Terms and Conditions of use that can be found here.
Referral Program Agreement means this Agreement between You and Careerist Inc. as amended from time to time.
Referral - an individual that has not previously submitted an application form on the Careerist website, and applies to create a Careerist Account using your Referral Link.
Successful Referral - a Referral that satisfies the criteria specified in this Referral Program Agreement and has an application approved by Careerist.
Referral Credit - a monetary amount or other benefit conferred by Careerist for a Successful Referral.
Referral Link - a URL provided by Careerist to you that can be provided by you to individuals that you wish to refer to Careerist.
"Referral Program" means the program described at https://forms.fillout.com/t/cfEyrfvoKyus as governed by this Referral Program Agreement.
Careerist Referral Program provides You with an opportunity to direct customers to Careerist as Referrals using a Referral Link. In order to be eligible to participate in the Referral Program You must follow this Referral Program Agreement and be a Careerist User with a Careerist Account in good standing; You are prohibited from participating in the Referral Program if you are a User with a Careerist Account that was terminated for any reason or if you are legally or contractually prohibited to receive Referral Credits. Careerist determines if you violated any provision of this Referral Program Agreement, guidelines related to the Referral Program, or other agreement you have with Careerist.
Permitted to participate in the Referral Program, you will be provided with one or more Referral Links which may be provided to potential Careerist customers. These individuals must use your Referral Links to qualify as a Referral. Careerist has the right to approve or reject any applications submitted by Referrals using any criteria that, in their sole discretion, are considered to be appropriate whether publicized or not. Referrals will not qualify for Referral Credits if they made an attempt to open a Careerist Account at any time, are engaged in activities identified on the Prohibited Activities List, or do not satisfy any criteria we establish for approval. If an application is submitted by another Referral, You will receive a Referral Credit if your Referral Link is associated with the application approved by Careerist.
You can use these Referral Links only in conjunction with this Referral Program. You may not transfer Referral Links or sell them to a third party. In its sole discretion, Careerist may limit Your access or usage of Referral Links, or establish maximum Referral Credits at any time. Careerist owns the right in Referral Links and any content or intellectual property connected with it. You will be provided with any earned Referral Credits by Careerist in the way stated on your referral page (e.g. as points attributed to the Careerist Account or as a gift card). Careerist may withhold the Referral Credits if we believe that you breached this Referral Agreement or other agreements with Careerist. In the case of releasing Referral Credits to a bank card, you agree that the transfer should be made to a bank card which is owned personally by you. Careerist does not make transfers to bank cards of third parties.
Participating in the Referral Program, You agree:
Violation of this section will lead to your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received.
Term and Termination
This Referral Program Agreement is effective as of the time you first send or generate a Referral Link and will terminate upon notice by either you or Careerist to the other party. Careerist may terminate this Referral Program Agreement upon notice to you at any point in time at its sole discretion. Tax Responsibilities
By entering this Referral Agreement You have full responsibility for all applicable taxes for all earned Referral Credits under this Agreement, including any withholding requirements that apply to any such taxes, and for compliance with all applicable tax laws. You agree to indemnify, defend and hold Careerist harmless from any liability for, or assessment of, any claims or penalties or interest with respect to such taxes, including any liability for, or assessment of, taxes imposed on Careerist by the relevant taxing authorities with respect to any Referral Credits paid to You or any liability related to the withholding of such taxes.
Referral Credits are considered taxable income and are subject to local, state, and federal taxes. When the value of the Referral Credits you have earned reaches $600 or more in a calendar year, a 1099 tax form will be generated and mailed to you for your tax reporting purposes. In this case to comply with applicable tax requirements and before releasing the Referral Credits, you agree to provide Careerist by its request via email (QB link) within 5 (five) business days with the following information:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL CAREERIST (OR ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND BUSINESS PARTNERS IN THEIR CAPACITY AS SUCH) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO YOUR PARTICIPATION IN REFERRAL PROGRAM AND THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAREERIST'S AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS REFERRAL PROGRAM AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL REFERRAL CREDITS PAID TO YOU IN THE PRECEDING THREE MONTH PERIOD.
Governing Law and Dispute Resolution
Governing Law
Any claim relating to this Referral Program Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Binding Arbitration
The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Referral Program Agreement that are not resolved by their mutual agreement or in small claims court (a) shall be brought by a Party in such Party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and (b) shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq (the "FAA").
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Careerist should be sent to: [email protected]. After the Notice is received, you and Careerist may attempt to resolve the claim or dispute informally. If you and Careerist do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting a single arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings, which shall take place online or in Florida if on-site presence is required.
PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL, INCLUDING JURY TRIAL ON ANY CLAIM IN ANY COURT OF LAW OR EQUITY.
Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST CAREERIST, INCLUDING CAREERIST'S PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST CAREERIST.
Venue and Jurisdiction
In any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for such purpose.
(a) Careerist may modify this Referral Program Agreement at any time by posting a new version on the Careerist website.
(b) Privacy Policy and Website Terms of Service. Please review our Privacy Policy and Website Terms of Service, which can be found at the following addresses respectively: https://www.careerist.com/legal/privacy-policy and https://www.careerist.com/legal/terms. Please read them carefully because they form part of this Agreement.
(c) Severability. If any portion of this Referral Program Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Referral Program Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Referral Program Agreement, and the rest of the Referral Program Agreement shall remain in full force and effect.
(d) Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision or any other provision in this Agreement thereafter. All waivers by us must be in writing to be effective.
(e) This Referral Program Agreement constitutes the entire understanding between you and Careerist for the subject matter described and no other agreements, representations, or warranties other than those provided in this Referral Program Agreement will be binding if it is not written and signed by both Individual and Careerist.
(f) Acknowledgement. By clicking the "I ACCEPT" button, you indicate and agree that you have read this Referral Program Agreement, understand it, and agree to be bound by its terms and conditions.
For questions regarding this Referral Program Agreement, please contact us at [email protected].
