TALENTGENIUS REFERRAL PROGRAM AGREEMENT

Last updated on July 25, 2024

The TalentGenius Referral Program (the “Referral Program”) is offered by TalentGenius Inc. (“TalentGenius”) via websites, mobile websites or mobile applications controlled by TalentGenius and linked, related or otherwise connected thereto, including https://talentgenius.io/ (collectively, the “TalentGenius Service”). This program agreement (“Agreement”) is a contract between you and TalentGenius and governs your access to and use of the Referral Program. This Agreement is in addition to and supplements the other terms and conditions that govern your use of the TalentGenius Service, as applicable.

PLEASE NOTE:

• To receive cash for making a successful referral, you must redeem Bounties and have a TalentGenius account in good standing.

• Bounties may be redeemed for cash back. Bounties are not money and have no value prior to redemption.

• Bounties can expire. To learn how to maintain your Bounties, please refer to the Expiration & Loss of Rewards Bounties section below.

Acceptance and Eligibility

By using, participating in, or receiving the benefit of any portion of the Referral Program, you agree to be bound by this Agreement. To participate in the Referral Program via the TalentGenius Service, you must have a valid TalentGenius account in good standing. You must be an individual, be a resident of the United States or one of its territories, and be at least 18 years old, or the age of majority in your state or jurisdiction of residence (if over 18), to use or participate in the Referral Program. You may not use the Referral Program or accept this Agreement if you are not of legal age and able and competent to form a binding contract with TalentGenius. If you use the Referral Program, you represent that you have the capacity to be bound by this Agreement. The Referral Program is not available in all countries or locations. Participation in the Referral Program is unauthorized in any jurisdiction where all or any portion of this program may violate (or may cause TalentGenius to violate) any legal requirements, and you agree not to participate if you are a resident of any such jurisdiction. You further agree that you will not participate in the Referral Program using multiple TalentGenius accounts to avoid or circumvent any prohibition of this Agreement or earn more Bounties than would otherwise be permitted under this Agreement. You agree that TalentGenius’s decisions regarding the Referral Program and your participation in it are final and binding and you agree to abide by all such decisions. TalentGenius will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination, suspension, or disabling of your participation in the TalentGenius Referral Program terms and/or your forfeiture of any Bounties or other Program benefits.

Description of the Referral Program

The Referral Program allows participants to earn Bounties on eligible transactions as described in more detail below. TalentGenius offers a variety of ways to access aspects of the Referral Program across the TalentGenius Service. Not all aspects of the Referral Program will be available through all access channels and not all offers will be the same across all channels.

All TalentGenius accountholders in good standing may participate (subject to eligibility requirements). TalentGenius does not charge fees to you for participation in the Referral Program. You acknowledge that (i) the Referral Program is a promotional program as to which no consideration has been paid to you, (ii) unless and until redeemed in accordance with this Agreement, no right, title, or interest in the Bounties has been conveyed, and (iii) Bounties have no cash value, unless and until redeemed in accordance with this Agreement.

Earning Bounties

We may from time to time make our rewards Bounties ("TalentGenius Rewards Bounties" or “Bounties”) available to you when you complete certain actions through the TalentGenius Service. The most common way for you to earn Bounties is by referring a third-party candidate for employment (“Candidate”) via the TalentGenius Service for an eligible job provided on the TalentGenius Service (an “Eligible Job”), and such candidate being hired by an employer (a “Customer”) via the TalentGenius Service, as contemplated in the Customer Terms (https://talentgenius.io/legal/terms-conditions).  Bounties are not available for all jobs available on the TalentGenius Service. When Bounties are available for eligible jobs, we may indicate so on the TalentGenius Service. If a Customer is participating in the Referral Program, you can earn Bounties based on the successful placement of Candidates with that Customer for Eligible Jobs. You must follow the links and instructions as disclosed within the TalentGenius Service or in other Referral Program materials, to complete the referral of such Candidate for the Eligible Job and/or complete any other qualifying or required action(s) on the TalentGenius Service.

Opportunities to earn Bounties will always be subject to this Agreement and may be subject to any additional terms, as specified at the time of the offer.

We may display to you the amount or range of Bounties which you may earn in connection with placing a Candidate with a Customer as a fixed percentage reward rate (for example: 3% in Bounties based on the listed First Year Salary), a fixed amount for a specific role, or such other method described on the TalentGenius Service.  For this Agreement, “First Year Salary” means the gross annual salary of the Candidate, or the gross aggregate salary of the contract for the Candidate if the term of engagement is intended to be less than one year.  Exclusions vary by Customer.  You must follow the links and instructions on the TalentGenius Service to complete the referral of a Candidate for an Eligible Job, save the applicable referral, or complete another qualifying action. In the case where more than one member refers the same Candidate to the same Eligible Job, the Bounty will be awarded to the first member to submit the referral. If we are unable to track your transaction/action or if the relevant third-party Customer does not fulfill its obligation, then TalentGenius may choose not to provide the Bounties associated with that transaction to you.

Following a referred Candidate being hired or contracted by a Customer for an Eligible Job, you will earn Bounties based upon the duration of time in which the Candidate remains employed or contracted by the Customer, as further described in the TalentGenius Service.

Bounties will appear as pending in your Rewards Activity, until such Candidate has completed the required amount of continued employment or contracting for you to earn the Bounty. Bounties that are pending cannot be used or redeemed. You will be able to see in your Rewards dashboard when Bounties are no longer pending and become available to redeem.

You will not earn Bounties if you fail to complete all steps required for an incentivized activity, or if a Candidate fails to complete the required amount of continued employment of contracting for you to earn the Bounty. For purposes of clarity and without limiting the foregoing, TalentGenius may remove Bounties previously made available to you and/or cancel any awards for which those Bounties were redeemed if the Bounties were issued as a result of fraudulent activity, or activity otherwise in violation of this Agreement.

If you have questions or issues in connection with earning Bounties for your referred Candidates, please contact us at bounties@talentgenius.io.   We may elect to provide you with Bounties in our sole discretion based on the information you provide.

Bounties cannot be purchased, are not your property, are not money, can expire as described in this Agreement, and have no value prior to redemption. Bounties are not transferrable under any circumstances (except where TalentGenius expressly makes transfer or account linking functionality available within the Referral Program and then subject to any additional terms or limitations set out by TalentGenius) and can expire as further explained below. Without limiting the foregoing, Bounties are not descendible and may not be transferred by operation of law (including via inheritance, bankruptcy, or in the event of divorce). You understand that benefits you receive through the redemption of Bounties may qualify as reportable by TalentGenius and taxable income to you under applicable law. You are solely responsible for any tax liability incurred in connection with your participation in the Referral Program.

TalentGenius reserves the right at any time to cancel, terminate, modify, or restrict the Referral Program (for some or all users), or any aspect of the Referral Program, including any available offers, Bounty redemption ratios, redemption options, expiration terms, etc. TalentGenius reserves the right to apply such changes retroactively to Bounties already accrued. You agree that TalentGenius has the right to limit the quantity of Bounties you may earn, refuse to provide you Bounties, or otherwise modify, restrict, or eliminate your ability to earn or redeem Bounties in our sole discretion and without prior notice to you.

Redeeming Bounties

Provided your TalentGenius account is in good standing, you can redeem Bounties in several ways, described in more detail below. Available redemption methods (and, where applicable, the number of Bounties required for each redemption type) will be as set forth on the TalentGenius Service, as applicable. Redemption types may vary, may be subject to availability or limitations, and may be subject to additional redemption-specific terms or limitations. All redemptions are final. We may place other limitations on your ability to redeem Bounties. We may change the number of Bounties required, redemption-rate or availability of any item for which you may redeem Bounties in our sole discretion and without prior notice. We may also offer additional redemption options from time to time, as disclosed within our Referral Program.

Redemption for Cash

Bounties may be redeemed for cash. This redemption option requires you to have a valid personal TalentGenius account that is active and in good standing and has your bank account or PayPal account linked to it. After you have elected to redeem Bounties for cash, it can take up to 48 hours for the funds to be sent to your TalentGenius account. After that, to cash out your funds, you can transfer them to the linked PayPal or bank account.

Redeeming Bounties for cash may result in taxable income to you, and reportable by TalentGenius. You are responsible for compliance with all applicable tax requirements. You may be asked to provide certain identifying information (like your Social Security Number or Taxpayer Identification Number) for tax purposes.

Expiration & Loss of Rewards Bounties; Termination of the Program

You can earn Bounties by using your TalentGenius account. Bounties are subject to expiration but can be maintained as described below. To maintain Bounties earned with your TalentGenius and prevent them from expiring, your TalentGenius account must remain open and in good standing (i.e., not in violation of applicable terms or subject to any limitation or suspension) and be active.

If your account is closed or no longer in good standing, TalentGenius has the right (to the maximum extent permitted by applicable law) to reset your Bounties earned with that account to zero (0), in which case you will no longer be eligible to redeem any then-unredeemed Bounties. To the maximum extent permitted by applicable law, you agree that any disputes about whether your Bounties should expire will be resolved by TalentGenius in its sole discretion, and you agree to abide by TalentGenius's resolution of such dispute. If your TalentGenius account is closed, any unredeemed Bounties earned via the TalentGenius Service will no longer be redeemable.

TalentGenius reserves the right to suspend or terminate, in its sole and absolute discretion, your participation in the TalentGenius Referral Program or your TalentGenius account entirely if TalentGenius suspects that you have abused any TalentGenius Referral Program benefits or privileges, have violated, or acted inconsistently with this Agreement or applicable law, or have acted in a manner harmful to our interests. Abuse or violations that may result in suspension or termination include (but are not limited to): (i) using automated or fraudulent means to earn Bounties or otherwise participate in this program ; (ii) your failure to abide by the requirements of the Agreement; (iii) the attempted or actual purchase, sale, or transfer of any Bounties; and (iv) making a misrepresentation to TalentGenius in connection with your participation in the Referral Program. You understand and agree that termination of your participation in the Referral Program (or your TalentGenius account) will result in the immediate forfeiture of all Bounties and unused Referral Program awards associated with that account.

TalentGenius reserves the right to cancel, terminate, modify, or restrict the TalentGenius Referral Program (for some or all users), or any or all Referral Program benefits, including but not limited to any available offers, Bounty redemption ratios, redemption options, and expiration terms at any time and for any reason. In the event TalentGenius elects to terminate the Referral Program entirely, we will provide a notice of termination on the TalentGenius Service, or by email to the email address then associated with your TalentGenius account. Unless a shorter notice period (or no notice) is required by applicable law or by TalentGenius as determined in its sole discretion, TalentGenius will provide you with at least 21 days’ notice prior to termination of the Referral Program during which time you may continue to redeem accumulated Bounties. Any conclusion to the Referral Program that results in the transfer of participants to a successor loyalty program, where such participants do not forfeit all unexpired, unredeemed Bounties in their account as a result, will not be considered a termination of the Referral Program for purposes of this provision. In addition, this provision will not apply if TalentGenius elects, in its sole discretion, upon termination of the Referral Program, to automatically credit to each program participant’s TalentGenius account a pro rata credit amount equal to the redemption value of the participant’s unredeemed Bounties.

Amendments of this Agreement

TalentGenius may amend this Agreement or other terms or policies that govern your participation in the Referral Program from time to time. Any changes to the Agreement will be posted on TalentGenius’s website, and the posted Agreement will indicate the date the Agreement was last revised. The revised Agreement will take effect when posted or as otherwise expressly indicated. If you do not agree to the changes, you must stop participating in the Referral Program or using any benefits of the Referral Program. By continuing to use the Referral Program after any changes to this Agreement take effect or taking such other action as specified by TalentGenius, you agree to be bound by those changes.

Assignment

TalentGenius may assign, without recourse, any or all of its rights or obligations under this Agreement, including all or a portion of this Agreement and/or all or a portion of any liabilities related to Bounties. If TalentGenius assigns any or all of the liabilities related to Bounties, the assignee shall be the sole obligor with respect to such Bounties, and TalentGenius shall have no further liability with respect to such Bounties.