Careerist Referral Program Agreement

1. Your Eligibility

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; a person over 18 years old legally permitted to receive Referral Credits. You are prohibited to participate 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.

2. 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.

3. 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.

4. 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 name “Careerist” or the Careerist logo in any public advertising or marketing unless expressly permitted to do so by Careerist;
• and 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.
  

5. 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.

6. 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.

7. Other Legal terms

Careerist may modify this Referral Program Agreement at any time by posting a new version to our website.

This Referral Agreement integrates into the notice, governing law and arbitration provisions of the Platform Agreement. Careerist’s maximum liability to you for direct damages under this Referral Program Agreement is limited to the total Referral Credits paid or payable to you in the preceding three month period. Careerist is not liable to you for consequential, indirect, special or punitive damages, lost profits or revenue, whether or not you advised Careerit of their possibility. This restriction will apply regarding the legal theory on which your claim is based.

8. Entire Agreement

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 Individual and Careerist.

9. Defined Terms

Capitalized terms in this Referral Agreement have the meaning provided in the Platform Agreement or as defined below:

• “Platform Agreement” means the Careerist Platform Agreement that can be found here.
  
• “Referral” means an individual that has not previously submitted an application for a Careerist Account and does it for a Careerist Account using your Referral Link.
• “Referral Program Agreement'' means this Careerist Referral Program Agreement as amended from time to time.
• “Referral Credit” means a monetary amount or other benefit conferred by Careerist for a Successful Referral.
  
• “Referral Link'' means 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://www.careerist.com/referrals as governed by this Referral Agreement.
  
• “Successful Referral” means a Referral that satisfies the criteria specified in this Referral Agreement and has an application approved by Careerist.
• “Third-Party Referrers'' means third parties that are not affiliated with a Careerist Account that participate in the Referral Program.
• “You” means the natural person executing this agreement and/or providing Referrals to Careerist.