MyOutDesk Referral Incentive Program Terms and Conditions

As of January 16, 2024

Agreement and Parties

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

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

• Active Client: A client of MOD currently engaged in a service agreement and not in payment default.
• Commissions: The referral bonuses earned by Referral Partner under this Agreement.
• Effective Date: The date of acceptance of this Agreement by both parties.
• MSA: The Master Services Agreement between MOD and Referral Partner, if any.
• Qualified Referral: A new client of MOD that:
  • Has three (3) or more employees.
  • Has a demonstrable need for talent solutions.
  • Has at least $300,000 in annual revenue.
  • Confirms Referral Partner as the source of their introduction to MOD.
  • Successfully completes a minimum of one (1) month of MOD services.

Commissions and Payments

Earned Commissions

• $1,000 for the initial successful referral of a new client hiring a full-time VP (40 hours/week).
• $500 for each subsequent Qualified Referral.

Timing of Earned Commissions

Commissions are not considered earned upon acceptance or delivery of the order. Instead, commissions are:

• Accrued: When the referred client completes their first month of MOD services.
• Paid out: By the last day of the following month (e.g., March commissions paid by April 30).

Payment Schedule

MOD pays earned Commissions by the last day of each month for the previous month.

Payment Method

• Active Clients: Commissions credited against invoiced services.
• Non-Active Clients: Payment by check.

Eligibility and Disqualification

• Commissions are only paid for Qualified Referrals.
• Referral Partner is ineligible for Commissions for 90 days after settling any outstanding MOD Services invoices.

Additional Clauses

• MOD may modify these Terms at any time by posting updates on its website. Continued participation constitutes acceptance.
• MOD will process personal data according to applicable laws, including CCPA. Referral Partners have data rights under these laws.
• MOD and Referral Partner will comply with all applicable laws in Delaware and California.
• Disputes will be resolved by binding arbitration in Sacramento, California, in accordance with AAA rules. Arbitration will be conducted in English.
• MOD’s liability is limited to the total commissions paid. MOD is not liable for indirect or consequential damages.
• This Agreement is the complete agreement and supersedes any prior representations or agreements.

Disclaimer

This document provides a general framework for the MyOutDesk Referral Incentive Program. It does not guarantee engagement with any referred client. MOD may reject any referral at its discretion.

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.