Careerist Referral Program Agreement

THIS 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.

1. Definitions.

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.

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://app.careerist.com/faq/referral as governed by this Referral Program Agreement.

2. Your Eligibility

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.

3. Eligible Referrals

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.

4. Referral Links and Referral Credits

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.

5. Restrictions

Participating in the Referral Program, You agree:

not to represent yourself as an agent or an employee, or suggest any partnership with Careerist, or to speak on behalf of Careerist;
not to send any uninvited messages through email, phone, fax, social media, etc.; not to use automatic-dialing apps, scripts, or bots to send messages to third parties; and will at all times comply with applicable laws, including CAN-SPAM, TCPA, and state and federal privacy laws;
always to send Referral Links as your true self;
not to impersonate or claim to represent either real or fictitious third parties, or engage in anything that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud;
not to create or use Referral Links in the context of anything that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive;
you will not use the name “Careerist” or the Careerist trademark or logo in any public advertising or marketing unless expressly permitted to do so by Careerist;
not limit the privacy or intellectual property rights of third parties.

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.

6. 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.

7. Referral Credits issuance and taxes.

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:

Your full name and surname;
Your address (state, city, zip code);
Your social security number;
Your email address and contact phone number.

8. Limitation of liability.

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.

9. Miscellaneous Provisions.

(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.