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Referral Policy

Jobletics.com and related Applications

Program Overview

Jobletics APP uses technology to connect businesses with ready-to-work hourly temporary, part time and full time members to work on-demand part time, full time & daily shifts across the United States the “(“Jobletics”) program, featuring automation of workforce management and staffing functions.
(“Jobletics”) offers referral programs to current staff Members and Businesses on the (“Jobletics App”) (each, a “Referrer''). Referrers can refer individuals or businesses to join the (“Jobletics App”) As a new employee or new Business (each, a “Referred (“Jobletics”)” or “Referred Business”, and generically as used herein from time to time, a “Referred User”). These Referral Program Rules apply to both Referrers and Referred Users, so please read carefully to understand your respective rights and obligations

Referrer Eligibility

To be eligible to participate in the Referral Programs as a Referrer, you must (a) be a legal resident of the United States, (b) be at least 18 years old, (c) be legally able to participate in the Referral Programs, and (d) maintain a (“Jobletics”) account in good standing (e.g., if you are referring on behalf of a current Business, the Business must not be delinquent or overdue on any fees owed to (“Jobletics”); if you are referring as a New Staff Member, you must have a Jobletics APP account that is eligible to work on the (“Jobletics App”) (“Good Standing”)). 
Further, if you are referring on behalf of a current Business, you must have all necessary authorizations toparticipate in the Referral Program.     
If you violate the Referral Program Rules, the (“Jobletics”) Terms or any other applicable terms (such as having more than one (“Jobletics”) account), (“Jobletics”) may in its sole discretion suspend or terminate your ability to participate in any Referral Programs (now or in the future). (“Jobletics”) reserves the right to change, end, or pause, in whole or in part, any Referral Program, as well as any Referrer’s ability to participate in any Referral Program or receive Referral Rewards (as defined below) at any time for any reason, including for suspected fraud (including by either the Referrer and/or Referred Users), abuse, or any violation of the (“Jobletics”) Terms. 

Referred User Eligibility

Your friends, family, and other people and businesses you know (but not yourself) may be eligible to be Referred Users. To be a Referred User, the referred individual or business (a) must be a new user of the (“Jobletics App”) (b) has not been previously referred by any other party (including yourself), and (c) meets the conditions (“Jobletics”) has for using the (“Jobletics App”)
Please note that each Referred user can be referred only once, so if someone else has already referred them and they have accepted that invitation, they will not be able to accept yours. If you are providing (“Jobletics”) with the contact information for your Referred Users, you represent that you have the right to provide that information.

Your (“Jobletics”) Referral Code

Under any Referral Programs, (“Jobletics”) may provide you with a unique numeric code (“Jobletics Code”) to distribute to eligible individuals or businesses to become new Members or Businesses. Jobletics APP owns all rights to any (“Jobletics”) Code whether provided to you or created by you. (a) you have no ownership rights in any form over the (“Jobletics”) Code, (c) (“Jobletics”) may reclaim, deactivate, invalidate and/or terminate your (“Jobletics”) Code at any time at its sole discretion, and (d) you will only use your (“Jobletics”) Code for personal and non-commercial purposes.

How to Refer New Users to the (“Jobletics APP”)

a) Invitations through the (“Jobletics APP”)

You may invite individuals and businesses to become new users of the (“Jobletics”) directly through the (“Jobletics APP”) by navigating to the section of the (“Jobletics APP”) that is designated as “Referrals

b) Other invitations

You may invite individuals and businesses to become new users of the (“Jobletics APP”) by distributing your (“Jobletics APP”) Code directly to them and instructing them to manually input your (“Jobletics APP”) Code into the (“Jobletics APP”) as a promotional code (a “Promo Code”) when they register to be a user on the (“Jobletics APP”). An individual or business will not be able to apply your (“Jobletics APP”) Code if
(i) they’ve already applied another (“Jobletics APP”).

Referral Reward

a) General

Referrers are eligible to earn a referral incentive (“Referral Reward”) for each Referred Member and/or Referred Business that they refer to the (“Jobletics APP”), subject to the terms and conditions set forth in these Referral Program Rules and the specific Referral Program (“Reward Criteria”). Referred Users are eligible to earn a Referral Reward for signing up and onboarding on the (“Jobletics APP”), subject to the terms and conditions set forth in these Referral Program Rules and the specific Reward Criteria.
Reward Criteria may require that certain eligibility, criteria and/or conditions be met for the Referral Reward to be earned. Reward Criteria may include entry instructions and any other specific details, rules or conditions relating to a particular Referral Reward, and may be published on the (“Jobletics APP”), (“Jobletics Pro”) website, social media platforms, advertising materials, or in any other media that features the applicable Referral Reward. In the event of any conflict or inconsistency between these Referral Program Rules and the Reward Criteria, the Reward Criteria shall prevail. The Reward Criteria are set by (“Jobletics APP”) at its sole discretion and are subject to change at any time. The Reward Criteria may vary by time, conditions, and/or service area (or within a particular market). The type of Referral Reward you are eligible to receive may depend on (i) the (“Jobletics APP”) region associated with the Referred User when they apply the Referrer’s (“Jobletics APP”) Code, These promotions, unless offered to you, shall have no bearing whatsoever on your agreement or relationship with (“Jobletics APP”).
In the (“Jobletics APP”)or (“JobleticsPro”) websites, both the Referrers and the Referred Users may be presented with estimated amounts of the Referral Reward they may receive if all the Reward Criteria and other conditions described herein are met. These amounts are calculated based on certain assumptions, such as, without limitation, the Referrer’s or the Referred User’s location at the time they posted or performed their first job or downloaded the (“Jobletics APP”), and may not be accurate based on the actual behavior of the Referred Users. Such amounts, could be subject to payroll taxes, therefore, are only estimates and may differ based on several factors. (“Jobletics APP”) will make a good faith calculation of such amounts based on the location of the applicable Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Reward at the time when such Referral Reward is applied to their (“Jobletics APP”) accounts and/or paid out.

b) Earning Referral Reward for Referrals (“Jobletics APP”)

In order to be eligible for a Referral Reward as a Referrer of a member, the Referred Member must meet the eligibility criteria set forth in these Referral Program Rules in addition to the specific Referral Reward terms and conditions set forth by the applicable Reward Criteria.
The Referral Reward for both the Referrer and Referred Member will be deposited to the their bank account (or similar account) associated with their (“Jobletics APP”). (“Jobletics Pro Inc.”) reserves the right to change the method of payment, including but not limited to, Gift Card(s), Cash, and Digital Currency. For a Referral Reward to be issued, a referral must be considered successful. A successful referral is subject to, without limitation, the condition that the Referred Staff Member must complete the requirements outlined in the applicable Reward Criteria, and that they remain eligible on the (“Jobletics APP”) for 24 hours following the completion of the outlined requirements. (“Jobletics APP”) has sole discretion to determine whether the above conditions have been met.

c) Earning Referral Reward for Referred (“Jobletics APP”) Business Partners

When you refer a new Business to the (“Jobletics APP”) using your (“Jobletics APP”) Code, you may receive a Referral Reward in the form of gift cards, direct payment to your Bank (or similar) account, or any other method applicable to the specific Referral Program, at (“Jobletics APP”) sole discretion. In order to receive a Referral Reward, the Referred Business must complete the signup process with (“Jobletics APP”) and all requirements outlined in the applicable Reward Criteria, subject to the terms and conditions set forth in these Referral Program Rules and the applicable Reward Criteria. After a Referred Business has satisfied all such requirements, the Referrer will receive a notification from (“Jobletics APP”) informing them of the completion. If a gift card, your receipt of the actual gift card (if that is your specific form of Referral Reward) is conditioned upon (“Jobletics APP”) receipt of your information necessary for the receipt of the gift card. The gift card will be sent out generally within 60 days after (“Jobletics APP”) receipt of your verification and confirmation. (“Jobletics APP”) cannot guarantee that a Referred Business will meet the requirements outlined in the applicable Reward Criteria as any Business’ usage of the (“Jobletics APP”)is entirely within their control. If you are a Referred Business, you may receive (“Jobletics APP”) credit (“Referral Credit”) if you complete (“Jobletics APP”) signup process using a Referrer’s (“Jobletics APP”) Code, subject to the terms and conditions set forth in these Referral Program Rules and the applicable Reward Criteria. Referral Credit is only valid for use on the (“Jobletics APP”) for qualified (“Jobletics APP”) products and services, which can change at any time at (“Jobletics APP”) sole discretion. The Referral Credit may not be traded, has no monetary value, and is not transferable or redeemable for cash. The Referral Credit is subject to verification and will generally be awarded within 60 days of verification. Upon termination of the applicable Referral Program, the Referral Credits have a 6 month expiration date for use before they are forfeited. If a Referred Customer’s account is canceled, suspended, or closed for any reason, unredeemed Referral Credits are forfeited immediately. (“Jobletics APP”) has sole discretion to determine whether the above conditions have been met.

d) Resolving Disputes over Referrals

Only one (“Jobletics APP”) user can earn a Referral Reward for a single Referred Professional or Referred Business. If multiple users claim credit for a particular referral, (“Jobletics APP”) has full discretion to determine which person earned such referral according to (“Jobletics APP”) systems. As a condition of participating in the Referral Programs, you agree that all disputes which cannot be resolved between the parties arising out of a Referral Program shall be resolved individually, without resort to any form of class action, exclusively before a court located in Plainsboro, New Jersey having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards against (“Jobletics APP”), and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, and you further waive all rights to have damages multiplied or increased. This provision does not supersede, modify, limit, or otherwise abrogate any agreement you may have to arbitrate disputes with (“Jobletics APP”) as set forth in the (“Jobletics APP”) Terms of Use or otherwise.

e)Reservation of rights

(“Jobletics APP”) reserves the right to withhold or deduct Referral Reward or Referral Credit obtained through the Referral Programs if (“Jobletics APP”) determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of the (“Jobletics APP”) Terms or any other applicable agreement between you and (“Jobletics APP”).

Restrictions

In connection with your participation in the Referral Programs, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your (“Jobletics APP”) Code(s) you agree to the following:
• No spamming. You agree that you will not “spam” anyone with invitations to join the (“Jobletics APP”) and that you always will remain compliant with CAN-SPAM, the Telephone Consumer Protection Act, and other applicable laws. You agree to not attempt to get Referred Users by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally.
No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with any Referral Program, either by affirmative representation, implication, or omission. You agree not to make misleading statements about (“Jobletics APP”), misrepresent your connection to (“Jobletics APP”), or otherwise make any false or misleading statements to get a Referred User to use your (“Jobletics APP”) Code.
• Prohibited content. You agree that you will not use (or allow a third party to use) the (“JobleticsPro Inc., APP”) name, logo or brand in connection with offensive, abusive, or harassing content,any political and/or religious statement, or any disparaging or defamatory content concerning(“Jobletics APP”) or third parties.
If you violate any of these restrictions (“Jobletics APP”) may, at its sole discretion, remove your eligibility to participate in any or all Referral Programs, and/or deny you any Referral Reward earned in violation or suspected violation of these restrictions.

8. Limitation of Liability

By participating in any Referral Program, you agree to, and hereby do, release and hold harmless (“Jobletics APP”) and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (a) your participation in any Referral Program, (b) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, (c) the unavailability or inaccessibility of any transmissions or telephone or Internet service, (d) unauthorized human intervention in any part of the Referral Programs, or (e) electronic or human error which may occur in the administration of the Referral Programs.

9. Applicable Law

Except where prohibited by law, disputes, claims and causes of action arising out of or related to the Referral Programs, including any Referral Reward or Referral Credit, shall be resolved under the laws of the United States, and except where prohibited by law, New Jersey law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Plainsboro, New Jersey

10. Privacy

Participation in the Referral Programs may require a Referred User and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with (“Jobletics APP”) Privacy Policy. In addition, personal information may be used by (“Jobletics APP”) on (“Jobletics APP”) behalf to contact Users with regards to participation in the Referral Program.

11. Other Terms

The following terms shall also apply to your participation in any Referral Program:
• You cannot earn a Referral Reward for referring yourself either as a member or Business.
• Any (“Jobletics APP”) promotions that run for a limited time only are subject to change at(“Jobletics APP”) sole discretion.
• (“Jobletics APP”) reserves the right to change, end, or pause, in whole or in part, any ReferralPrograms, as well as any Referrer’s or Referred User’s ability to participate in any ReferralPrograms or receive any Referral Reward at any time for any reason If (“Jobletics APP”) endsany Referral Program, any unused or unredeemed Referral Reward may be forfeited at thattime, provided we give you 14 days of notice to use or redeem your Referral Reward.
• (“Jobletics APP”) may update these Referral Program Rules at any time. Continued participation in any Referral Programs after any update will mean that you have agreed to such update.
• The Referral Programs are void where such referral programs are prohibited.
• The Referral Reward is neither negotiable nor redeemable for cash value.