Referral Agreement | Talentcrowd

This contract (“Referral Agreement”) is formed between Talentcrowd and Referring Party when Referring Party submits information with respect to a Qualified Referral through the Talentcrowd Platform and Referring Party accepts the Terms as directed by the Talentcrowd Platform. A Referral Agreement commences upon the later of the date Referring Party accepts the Terms or the date Talentcrowd determines the candidate submitted to be a Qualified Referral (such date, the “Referral Date”). A Referral Agreement does not include the candidate as a party.

A “Qualified Referral” is the referral of a candidate by a Referring Party that meets the following conditions:

The Referring Party has spoken to the candidate about the specific Job Opening and confirmed that the candidate is interested in speaking with a Talentcrowd representative about the position.
The Referring Party has provided to Talentcrowd accurate contact information (both phone and email) for the candidate.
The Referring Party has provided to Talentcrowd a complete and current resume for the candidate.
The Referring Party has provided to Talentcrowd a brief explanation as to why the candidate that is being referred is a good candidate for the Job Opening.
The candidate is not a Duplicate Referral (see below).
The Talentcrowd representative for the applicable Job Opening has determined that the candidate qualifies as a referral.

If a Qualified Referral submitted by Referring Party for a Job Opening is engaged by a client within 90 days from the Referral Date, Talentcrowd will pay Referring Party the Referral Reward listed in the applicable Job Opening, payable in three installments. To be eligible for payment, the engaged candidate must satisfy the following:

Installment 1 (160 hours): 57.14% of Referral Reward
Installment 2 (320 hours): 28.57% of Referral Reward
Installment 3 (480 hours): 14.29% of Referral Reward

The Referral Rewards program is designed to encourage the referral of quality candidates and low attrition rates. It is also designed to be a very competitive Referral Reward that is far more competitive than any of our peers’.

In the event a Qualified Referral is still in process with a client upon the expiration of the 90 days, Talentcrowd will give Referring Party credit for that Qualified Referral until either confirmed or rejected by the client.

Referring Party has the exclusive right to Referral Rewards resulting from the engagement of a candidate included in a Qualified Referral made by that Referring Party for a period of 90 days from the Referral Date, whether or not the candidate is confirmed for the original Job Opening with respect to which the Qualified Referral was submitted or another Job Opening. Any submission of the name of such candidate by another Referring Party within that 90-day period will constitute a “Duplicate Referral,” meaning that second Referring Party will not be eligible for the Referral Reward.

If a Referring Party submits a possible Duplicate Referral, Talentcrowd will present a notification to the original Referring Party and the second Referring Party that there is a possible duplication. A referral that is determined by Talentcrowd, in its sole discretion, to be a Duplicate Referral will be rejected and Talentcrowd will notify the second Referring Party accordingly.

Referring Party shall not disclose any client name or rate to any public forum, including but not limited to, job boards, social media sites, personal websites, blogs, or advertisements available to the public. In addition, the Referring Party shall not hold himself or herself out as an employee or representative of either the client or Talentcrowd when sharing Talentcrowd Job Openings with candidates or otherwise.

For permanent placements, each Staffing Contract between Talentcrowd and a client may include an employment guarantee for a specified period (the “Guarantee Period”), which is typically ninety (90) days. Talentcrowd will pay any applicable Referral Reward due to Referring Party as follows:

50% of the Referral Reward after 50% of the Guarantee Period has passed; and
50% of the Referral Reward at the conclusion of the Guarantee Period.

Talentcrowd will pay the applicable Referral Reward due to the Referring Party by direct deposit. You agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted account information in order to process your payment.

Talentcrowd is a third-party processor, and pursuant to Section 6050W of the Internal Revenue Code, Talentcrowd may report to the Internal Revenue Services any payments sent to you.

Except as provided above, Talentcrowd shall in no event have any responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to payments made by Talentcrowd to Referring Party and Referring Party will be solely responsible for determining whether Referring Party is required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to payments made by Talentcrowd to Referring Party.

Referring Party is an independent contractor of Talentcrowd. This Referral Agreement does not create an employment, partnership, or agency relationship between Talentcrowd and Referring Party. Referring Party does not have authority to enter into written or oral — whether implied or expressed — contracts on behalf of Talentcrowd or client. Referring Party acknowledges that Talentcrowd does not, in any way, supervise, direct, or control Referring Party’s work in any manner. Talentcrowd does not set the Referring Party’s work hours and location of work. Talentcrowd does not provide Referring Party with training or equipment needed for any Referral Agreement or other activity using the Talentcrowd Platform. Talentcrowd will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Referring Party will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to any payment made by Talentcrowd to Referring Party.

Referring Party, as an independent contractor, is free at all times to provide services to persons or businesses other than Talentcrowd, including any competitor of Talentcrowd.

Referring Party agrees not to contact Talentcrowd clients directly for any purpose for a period of twenty four (24) months after the Referral Date of the most recent Referral Agreement between Referring Party and Talentcrowd.

Referring Party will (i) create and maintain records to document satisfaction of its obligations under this Referral Agreement, including without limitation its payment obligations and compliance with tax laws, and (ii) provide copies of such records to Talentcrowd upon request. Talentcrowd, or Talentcrowd’s advisors, will have the right, but not the obligation, to routinely, but no more frequently than annually, audit Referring Party’s operations and records to confirm compliance. Nothing in this provision should be construed as providing Talentcrowd with the right or obligation to supervise or monitor any services performed by the Referring Party.

You acknowledge all of the following:

Talentcrowd will not have any liability or obligations under or related to referrals or Job Openings (except as expressly set forth in the Terms of use).
Talentcrowd makes no representations as to the reliability, capability, or qualifications of any client, Referring Party, or Qualified Referral.
Talentcrowd does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of referrals, Job Openings, the truth or accuracy of User Contributions, the qualifications, background, or identities of users, or that a client or Referring Party can or will actually complete a transaction.
Talentcrowd is not required to and does not verify any information given to us by Referring Parties or clients, nor does Talentcrowd perform background checks on Referring Parties or clients.

Talentcrowd may provide information about a Referring Party or client, such as a strength or risk score, geographical location or third-party feedback, background check or verification of identity or credentials. However, such information is based solely on data that the Referring Party or client submits. Talentcrowd provides such information solely for the convenience of its users and it is not an introduction, endorsement or recommendation by Talentcrowd.