Hired Tech Recruitment Collective Referral Terms of Service

Version 3.2

Last Revised: June 24, 2020


IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HIRED CAN BE BROUGHT, INCLUDING AN ARBITRATION AGREEMENT (SEE “DISPUTE RESOLUTION” SECTION BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH HIRED ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF SUCH.

OVERVIEW

Vettery, Inc. dba Hired (“we,” “us”, “Hired”, the “Company”) offers you the opportunity to earn a “Referral Payment” by referring candidates to the Hired online candidate platform (the “Platform”), who are accepted to the Platform and who accept employment through the Platform.  A Referral Payment will be successfully triggered if you meet the criteria specified below.  The amount of the Referral Payment shall be $30 per referred candidate that becomes active on the platform, and $1000 per candidate that successfully gains employment through the platform. You will be notified within a reasonable time following a referral whether you qualify for a Referral Payment. Hired will use reasonable efforts to pay owed Referral Payments within ninety (90) days of a placed referral whom surpasses their “guarantee” period with their placed employer; however, payment may take longer. 

These terms apply to your participation in the referral program (the “Program”). By participating in the Program, you agree to these terms. If you do not agree to these terms in their entirety, then you cannot register and participate in the Program. Additionally, you may not participate in this Program if doing so would result in any violation of any applicable law or regulation. This Program is void where such referral programs are prohibited.

ELIGIBILITY

This Program is valid so long as it remains publicly posted on our current website (the “Site”), and, in the event Hired removes the Program from the Site, the Program will be deemed terminated immediately upon removal date (“Termination Date”). You understand and agree that Hired has the right to remove or revoke this Program at any time in its sole discretion, and is under no obligation to continue to provide the Program for any period of time. To participate and become eligible for a Referral Payment under the Program, you must abide by, comply with, and meet these terms and conditions when referring candidates to Hired.  Hired also reserves the right to prohibit any person from participating in the Program in its sole discretion for any reason or no reason at all.  Hired may modify the terms hereof and payment amounts/terms on a prospective basis at any time in its sole discretion.  

In order for a Referral Payment to be due to you for a referral, an individual seeking employment that you refer must: 1) be a new user of Hired (not previously listed on the Platform) 2) first enter the Platform and register with the Platform via your unique referral link (if your unique referral link is not used when the candidate registers with Hired, then no referral payment will be due to you), 3) become an active candidate on the Platform within thirty (30) days of registering with the Platform, 4) be hired for a full time job through the Platform within one hundred eighty (180) days of Platform signup date, and 5) once hired for such full time job through the Platform, surpass the 90 day “guarantee” period at work with the employer with whom they are placed. Please note all candidates are approved for Platform listing at the sole discretion of Hired. Referral Payments are paid only when a Candidate referred by you in accordance with the above obtains full time employment through the Hired service (and surpasses the applicable 90 day guarantee time period. No Referral Payment will be provided for contractor jobs or part-time hires.  Additionally, only one (1) Referral Payment will be paid per referred candidate.  In other words, if a candidate receives multiple jobs through the Platform, a Referral Payment will only be due for the first job actually started by the Candidate (and where the 90 day guarantee condition is met).

For absolute clarity, you will not be entitled to payment for anyone you refer who is already an existing Platform user, who you know was already referred or sourced to the Platform by alternative means, or who already is or was a candidate on the Platform (even if their account is under an alternate email address). All candidates referred must be new Platform users. A new Platform user means someone who never before started a Platform account regardless of whether such person completed or submitted his or her profile. Referring users may not use spam or send unsolicited emails to persons they don’t personally know to collect referrals and may not collect referrals by posting on message boards or other online venues in violation of such venues’ terms of use.

You represent and warrant that you will comply with all applicable laws in your participation in this Program, and will defend, indemnify, and hold hired harmless from any breach of this representation.

Hired reserves the right to cancel or withhold any Referral Payment if it determines, in its sole discretion, that you have violated these terms or otherwise abused the Program. Hired also reserves the right to terminate your participation in this Program at any time in its sole discretion. 

Determination of Referral Payment eligibility, as well as any exceptions, are at the sole discretion of Hired. Hired reserves the right to verify eligibility and adjust offers at any time prior to or following posting and/or award. If any provision of these terms is, for any reason, held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. All terms are in addition to Hired’s posted terms of service, found at www.hired.com/terms.

LIABILITY RELEASE

Except where prohibited, you agree that by participating in the Program, you agree: (1) to be bound by these terms and Hired’s privacy policies (see www.hired.com/privacy) ; (2) to release and hold harmless Hired and its respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to your participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Referral Payment); and (3) to be contacted by Hired in connection with the Program.

Except where prohibited by law, the Released Parties shall not be liable for: (i) your acts or omissions in connection with the Program; or (ii) your participation in the Program.  The Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program.

As a condition of entering the Program, and unless prohibited by law, you agree that under no circumstances will you be entitled to any awards for (and you hereby waive any) punitive, incidental, consequential and any other damages.

Other Program Rules

You agree not to violate these terms, or otherwise engage in activity that could be considered unreasonably harmful to others. You agree among other things not to:

-Take any action claiming or indicating you represent Hired (or have the right to communicate on behalf of Hired)

-Violate the intellectual property rights of Hired

-Spam or otherwise create bulk distributions of your referral link

-Engage in any actions that are designed to disrupt or undermine the Program

-Engage in illegal activities

-Engage in behavior designed to annoy or harass others

-Engage in actions that disparage or malign or call into question the reputation of Hired

PRIVACY

Participation in the Program may require you to submit personal information about yourself. The personal information will be collected, processed and used in accordance with our Privacy Policy which can be found at www.hired.com/privacy

RESERVATION OF RIGHTS

We reserve the right to modify or amend at any time these terms and the methods through which a Referral Payment is earned. We reserve the right to disqualify you at any time from participation in the Program if you do not comply with these terms. Our failure to enforce any term of these terms shall not constitute a waiver of that provision.

STATUS ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU ARE NOT AN ACTUAL AGENT, APPARENT AGENT, OSTENSIBLE AGENT, OR EMPLOYEE OF HIRED IN ANY WAY.  No joint venture, partnership, employment, or agency relationship exists between you and Hired as a result of this Agreement or the Program. 

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIRED OR ITS REPRESENTATIVES BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM OR OTHERWISE RELATING TO THESE TERMS OF USE. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST HIRED AND ITS REPRESENTATIVES. 

If, notwithstanding the other provisions of these Terms, Hired is found liable to you, whether in contract, tort or otherwise, for any damages or losses related to the Program, Hired’s aggregate liability will not exceed amounts payable to you for Referral Payments actually earned by you.

Please note that some jurisdictions do not allow such limitations of liability or may place limitations on our ability to limit liability to you. Therefore, the foregoing limitations may not be applicable to you in such case.

DISPUTE RESOLUTION

PLEASE REVIEW THIS SECTION CAREFULLY.  AS DESCRIBED BELOW, IT (i) LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) LIMITS YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS AND (iii) LIMITS YOUR ACCESS TO A JURY TRIAL.

Arbitration. To the extent permitted by applicable law, you agree that any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Program, these Terms, our privacy policy and all matters relating to your access to, and/or use of, or participation in the Program, at the demand of either party, be resolved by confidential binding arbitration. Arbitration includes but is not limited to:

  • Claims relating to the enforceability or interpretation of any of these arbitration provisions;
  • Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy;
  • Claims that relate directly to us, and/or to our parent, subsidiaries, affiliates, successors, assignees, employees, and agents; or
  • Claims asserted as part of a class action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.

 YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION PROVISION, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

 NOTICE. The party seeking relief under these Terms must first notify the other party of the Claim in writing at least 60 days in advance of initiating any action. Notices to the Company must be sent to Vettery, Inc. dba Hired, Attention: General Counsel; 4800 Deerwood Campus Parkway, Building 800, Jacksonville,FL 32256. 

The notice must include your name, address, and contact information, the facts giving rise to the Claim, and the relief requested. We may direct any Notices to you at the mailing address or e-mail address that you most recently provided to us. You and we will use reasonable efforts to resolve any Claim through informal negotiation within 60 days from the date the notice of Claim is sent.

Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA, except in the event of a dispute between an applicant or an employee and us, the AAA Employment Arbitration Rules would apply. The arbitrator is bound by the terms of this provision, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA. For more information, see adr.org or call 1-800-778-7879. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to this binding arbitration provision. The arbitration shall be conducted in the county or parish in which you reside. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute.  In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.

Costs. Hired will bear the expense and fees for the arbitrator and other incidental costs (including any filing fees or administration fees) that would not be incurred in a court proceeding. Each party shall otherwise bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Severability. If any term or section of this provision is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or section of this arbitration provision and will be eliminated to the minimum extent necessary.  If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the other provisions of these Terms; provided, however, that (i) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration provision will be null and void; and (ii) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration provision will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.

CLASS ACTION WAIVER. Each of us expressly agree that any dispute or controversy arising out of or relating to these Terms, your involvement or inability to participate in the Program, or otherwise related hereto must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Each of us expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section. Notwithstanding any other provision of these Terms of Use to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Section is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

WAIVER OF JURY TRIAL. UNLESS APPLICABLE STATE LAW REQUIRES THE APPLICATION OF THE LAW OF THAT OR SOME OTHER STATE, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF USE OR FROM SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL GOVERNED BY THE LAWS SET FORTH IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS.

GOVERNING LAW AND JURISDICTION

The enforceability and interpretation of the “Dispute Resolution” section will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended (the “Federal Arbitration Act”), including its procedural provisions.  Unless applicable state law requires the application of the law of that or some other state, these Terms of Use will be governed by and construed in accordance with the laws of the United States and the state of State of Florida without giving effect to any choice or conflict of law provision or rule that would cause laws of another jurisdiction to apply.

FOR USERS IN THE UNITED STATES ONLY

This Program is intended for those in the United States. This Program is hosted in the United States and your information, including personal information, collected through our Website is stored and processed in the United States, among other countries. If you access the Program from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

Please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country. In particular, it should be noted that our Website places cookies and local shared objects on your computer or device as described in our Privacy Policy and Cookie Policy, and our practices may not comply with your country’s cookie laws.

AGE RESTRICTIONS

The Website is intended for use by persons who are 18 years of age or older.

MISCELLANEOUS

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect. 

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

Third-Party Beneficiaries. These Terms of Use are for the benefit of you and the Company only, and only you and the Company may enforce it. You and the Company do not intend for these Terms to confer any right or benefit on any third party.

 

CONTACT

Questions, comments and requests regarding these Terms of Use are welcomed and should be addressed to techrecruitmentcollective@hired.com or via mail to Vettery, Inc. dba Hired, Attention: General Counsel; 1040 Avenue of the Americas, Floor 19, New York, NY 10018.