MyOutDesk Referral Incentive Program Terms and Conditions

as of January 16, 2024

Agreement and Parties:
1. This Referral Incentive Program Terms and Conditions (“Agreement”) constitutes an independent contractor agreement between MyOutDesk, LLC (“MOD”) and the individual or entity participating in the Referral Program (“Referral Partner”). Referral Partner understands and acknowledges that they are not an employee, agent, or representative of MOD, and are not entitled to any benefits typically associated with employment, such as salary, benefits, vacation time, or employee insurance.
Purpose:
1. MOD desires to incentivize the referral of its services to qualified clients by Referral Partners. Referral Partners may earn commissions for successful referrals in accordance with this Agreement.
Definitions:
1. “Active Client” means a client of MOD that is currently engaged in a service agreement with MOD and is not in payment default.
2. “Commissions” means the referral bonuses earned by Referral Partner under this Agreement.
3. “Effective Date” means the date of acceptance of this Agreement by both parties.
4. “MSA” means the Master Services Agreement between MOD and Referral Partner, if any.
5. “Qualified Referral” means a new client of MOD that:
  1. Has three (3) or more employees.
  2. Has a demonstrable need for talent solutions.
  3. Has at least $300,000 in annual revenue.
  4. Confirms Referral Partner as the source of their introduction to MOD.
  5. Successfully completes a minimum of one (1) month of MOD services.
Commissions and Payments:
1. Earned Commissions:
  1. $1,000 for the initial successful referral of a new client hiring a full-time VP (40 hours/week).
  2. $500 for each subsequent Qualified Referral.
2. Timing of Earned Commissions: Commissions are not yet considered earned when MOD accepts or delivers the order. Instead, commissions are:
  1. Accrued: When the referred client successfully completes their first month of MOD services.
  2. Paid out: By the last day of the following month (e.g., commissions accrued in March are paid by April 30th).
3. Payment Schedule: MOD pays earned Commissions by the last day of each month for the previous month.
4. Payment Method:
  1. Active Clients: Commissions credited against invoiced services.
  2. Non-Active Clients: Payment by check.
5. Eligibility: Commissions are only paid for Qualified Referrals.
6. Disqualification: Referral Partner is ineligible for Commissions for 90 days after any outstanding MOD Services invoices are paid in full.
Additional Clauses:
1. MOD reserves the right to modify these Terms and Conditions at any time by posting the revised version on its website. Referral Partner is responsible for reviewing the Terms and Conditions periodically for any changes. Continued participation in the Referral Program after the posting of any modifications constitutes acceptance of the revised Terms and Conditions.
2. MOD will handle the personal data of Referral Partner and referred clients in accordance with applicable data protection and privacy laws, including the California Consumer Privacy Act (CCPA). MOD will maintain a comprehensive Privacy Policy detailing its data collection, use, and sharing practices, which can be accessed on the MOD website. Referral Partner has the right to access, correct, delete, or restrict the processing of their personal data held by MOD, as permitted by law.
3. MOD and Referral Partner will comply with all applicable laws and regulations, including, but not limited to, consumer protection laws, marketing and advertising regulations, and tax laws, both in Delaware and California.
4. Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English in Sacramento, California. The decision of the arbitrator shall be final and binding on the parties. This selection of California as the arbitration forum is made due to the familiarity of California courts with the applicable Delaware law and the practical convenience of conducting the arbitration in Sacramento, California, where MOD’s headquarters are located.
5. MOD’s maximum liability under this Agreement, for any cause whatsoever, shall be limited to the total amount of Commissions paid to Referral Partner under this Agreement. MOD shall not be liable for any indirect, incidental, consequential, or punitive damages, arising out of or related to this Agreement or the Referral Program.
6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Disclaimer:
1. This document provides a general framework for the MyOutDesk Referral Incentive Program Terms and Conditions.
2. Please note that this Agreement does not constitute an offer to engage in business with any specific client. MOD reserves the right to reject any referral at its sole discretion, and Referral Partner acknowledges that the success of any referral is dependent on various factors beyond its control.

By clicking “I Agree” Referral Partner acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.