PLEASE READ THE FOLLOWING TALENTREFERPLUS REFERRAL PROGRAM TERMS & CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE REFERRAL PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL PROGRAM TERMS AND CONDITIONS AS DESCRIBED HEREIN.

Welcome to TalentReferPlus!

TalentBurst, Inc. (“TalentBurst” or “We”) is an industry leading provider of staffing augmentation services to clients (each, a “Client”) in multiple industries. We are pleased to offer individuals and brand supporters (each, a “Referrer”, “You”, or “Your”) the opportunity to participate in its referral program, TalentReferPlus (“TalentReferPlus” or the “Program”) by referring friends or colleagues (each, a “Friend”) to Client job openings advertised on the TalentReferPlus website (the “Website”). The Program is administered by TalentBurst and TalentBurst reserves the right to amend or terminate the Program at any time, for any reason. By participating in the Program, You are bound by these Terms and Conditions and agree to participate in the Program in the manner specified in these Terms and Conditions

If You do not agree to these Terms and Conditions in their entirety, You are not authorized to register as a Referrer or to participate in the Program in any other manner. You may not participate in the Program when doing so would be prohibited by any applicable law or regulation. TalentBurst, in its sole discretion, reserves the right to disqualify You from participating in the Program at any time and for any reason, including, without limitation, Your failure to comply with any of these Terms and Conditions or applicable laws as further described herein (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by TalentBurst).

Eligibility. To be eligible to participate in the Program, a Referrer must be a legal resident of the United States of America or Canada and be at least 18 years old. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

Internal employees of TalentBurst, and their immediate or household family members, are not eligible to participate in the Program at any time.

MAKING A QUALIFIED REFERRAL

To submit a Qualified Referral (as defined herein), You must first register and establish an account with us at www.talentreferplus.com by providing your name and email address. You will then be asked to provide your Friend’s contact information and email address. By doing so, You represent and warrant that You know the Friend and genuinely believe they would be interested in the position to which you are referring them and, to the extent necessary, You have obtained that Friend’s consent to provide us with his/her name and contact information and to be contacted by TalentBurst. Thereafter, You and the Friend will receive a confirmation email (which email may be generated by artificial intelligence) and the Friend will be asked to validate his/her email address by clicking the provided link. By participating in the Program, you consent to delivery of all notices and communication by email to the email address that you provide during registration, including via artificial intelligence, and acknowledge that you have the necessary equipment to receive such emails.

A “Qualified Referral” means that all the following conditions are met:

• The Friend is (a) a legal resident of the United States or Canada; (b) is authorized to work in the United States or Canada, as applicable; and (c) is at least 18 years old on the date when referred to TalentBurst.
• When initially contacted by TalentBurst by email, the Friend validates his or her email address and completes a Confirmation Questionnaire.
• The Friend is selected for the job to which he/she was referred, or another available job, completes the hiring process with TalentBurst and is placed on assignment within 45 days of the date of the referral. Being “placed on assignment” means that the Friend has been given an anticipated start date for his/her assignment, not that the Friend has begun working on the assignment. In the event that the Friend is not selected for a job within 45 days of submission of the referral, You will be notified via email and You may re-refer the Friend for any future available positions.
• The Friend works for at least 320 hours on his/her assignment, which hours are billable by TalentBurst to the Client (“Billable Hours”) and TalentBurst has been paid by the Client for those Billable Hours.

This Agreement shall begin on the date hereof.

A Qualified Referral does not include a Friend who is already in TalentBurst’s candidate system as of the date of You register and present him/her to TalentBurst or any additional or subsequent assignments a Friend receives after completing his/her initial assignment.

EARNING REWARDS

Referrers are eligible for a reward of up to USD $1,500 (the “Reward”) for each Qualified Referral as described above. The amount of the Reward is based upon TalentBurst’s hourly margin on the Friend’s assignment according to the below chart.

Rewards will be issued by TalentBurst to the Referrer by check approximately 90 calendar days after the Friend satisfies the minimum Billable Hours requirement and TalentBurst has been paid by the Client for those Billable Hours. NO REWARD WILL BE PAID DUE TO THE FRIEND’S FAILURE TO SATISFY THE 320 BILLABLE HOURS REQUIREMENT, FOR ANY REASON, INCLUDING THE FRIEND’S NEGLIGENT, RECKLESS, OR WILLFUL MISCONDUCT WHILE ON ASSIGNMENT.

VERIFICATION

Rewards are subject to verification, including, but not limited to, confirmation that minimum Billable Hours requirement has been met and that the Friend has not committed any negligent, reckless or willful misconduct while on assignment. Accordingly, TalentBurst may delay issuance of a Reward, in its sole discretion, while verifying that the Reward has been earned. TalentBurst may also refuse to process any transaction that TalentBurst, in its sole discretion, deems in good faith to be fraudulent, suspicious, in violation of these Terms and Conditions, or would otherwise impose, subject, or expose TalentBurst, its parent and subsidiary companies, affiliates, or any of their respective officers, directors, employees, representatives, or agents to potential liability. TalentBurst’s decisions are final, binding, and not subject to appeal

Any taxes applicable to a Reward provided by TalentBurst pursuant to this Program will be Your responsibility and TalentBurst will not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.

TRANSFER AND FORFEITURE OF REWARDS

Rewards are not transferable. Upon termination of the Program or any portion thereof for any reason, any Rewards that have not yet been earned are forfeited.

PRIVACY AND GDPR COMPLIANCE

By participating in the Program and registering on the TalentReferPlus platform, you certify that you and your Friend both reside in the United States or Canada and are not subject to European privacy laws. TalentBurst will use and process the email addresses and other information provided to contact you and the Friend regarding participation in the Program, including via artificial intelligence, and additional or future job opportunities and in accordance with TalentBurst’s Privacy Statement, which can be found here. The information You and the Friend provide will only be visible by Program administrators and TalentBurst employees and will be used only for these purposes. TalentBurst will retain the information You and the Friend provide [indefinitely] or until it receives a request from either You or the Friend to delete any personal information provided.

LIABILITY

By participating in the Program, You agree to: (a) be bound by these Terms and Conditions, the decisions of TalentBurst and its designees, and TalentBurst’s Privacy Statement; (b) defend, indemnify, release, and hold harmless TalentBurst, its parent or subsidiary companies, corporate affiliates, and their respective officers, directors, employees, licensees, licensors, shareholders, attorneys, and agents, including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, or related to Your participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused by any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward). The Released Parties will not be liable for:

• late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission.
• Telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors.
• Data corruption, theft, destruction, unauthorized access to, or alteration of entry or other materials.
• Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program.
• Claims, demands, and damages in disputes among Referrers or between Referrers and Friends.
• Any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a reward, or from participation in the Program, that were not reasonably foreseeable to TalentBurst at the relevant time.

TalentBurst disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other cause beyond TalentBurst’s control corrupt the administration, security, or proper operation of the Program.

TalentBurst will not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist act, terrorist act, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any similar or dissimilar cause beyond any of the Released Parties’ control. TalentBurst reserves the right to cancel or suspend the Program should TalentBurst, in its sole discretion, determine in good faith that the administration, security, or fairness of the Program has been compromised in any way.

DISCLAIMER OF WARRANTIES

This Program is provided on an “as is” and “as available” basis and TalentBurst, to the maximum extent permitted by law, expressly disclaims all warranties, conditions, and terms of any kind, whether express or implied by statute, common law, or custom, including, but not limited to, warranties as to products or services offered through the use of the Program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and noninfringement. TalentBurst makes and gives no warranty that (i) the Program will meet Your requirements or be uninterrupted, timely, secure, or error free, (ii) the results obtained from the use of the Program will be accurate or reliable, (iii) the quality of any products, services, information, or other material obtained by You through the Program will meet Your expectations, and (iv) any errors in the service will be corrected. Any material downloaded or otherwise obtained through the use of the Program is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or mobile device or loss of data that results from the download or use of any such material.

LIMITATION OF LIABILITY AND INDEMNIFICATION

You expressly understand and agree that TalentBurst (including any vendors and service providers associated with or assisting in providing the Program) will not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if TalentBurst was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Program; (iii) unauthorized access to or alteration of Your transmission or data; (iv) statements or conduct of any third party on or through the Program; or (v) any other matter relating to the Program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to You. To the fullest extent possible by law, TalentBurst’s (including any vendors and service providers) maximum liability arising out of or in connection with the Program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100 USD. Referrers should use the Program at their own risks.

By participating in the Program, You agree to and will indemnify, hold harmless, and defend TalentBurst for any and all damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, whether pending or threatened arising from or related to your participation in the Program, failure to comply with these Terms and Conditions, or any violation or alleged violation of law.

RESTRICTIONS/PROHIBITED CONDUCT

Referrers must only refer Friends who are real people whom they know. Referrers may not refer themselves, impersonate any person, or create multiple, fictitious or fake accounts or participate in the Program by pretending to be their own Friend. You may not use the Program in any manner that violates any law, infringes or violates the rights of any third party (including their intellectual property rights), or otherwise act in any manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit or intent of the Program (collectively, “Prohibited Conduct”). Such Prohibited Conduct includes, without limitation: (i) collecting or storing personal data about other Referrals or Friends; (ii) interfering or tampering with the Program, servers or networks connected to the Program, or another Referrer’s use of the Program; (iii) gaining or attempting to gain unauthorized access to the Program or servers and networks connected to the Program; (iv) transmitting any file that contains viruses, worms, trojan horses or any other contaminating or destructive features; or (v) reselling, bartering, trading, auctioning or otherwise gaining income by providing unauthorized access to the Program to others. Engaging in any such Prohibited Conduct may be in violation of criminal and civil laws and TalentBurst reserves the right to seek all available remedies and damages (including attorneys fees and costs) to the fullest extent permitted by law.

BULK DISTRIBUTION (“SPAM”)

If a Referrer provides the http://www.talentreferplus.com/ URL to a Friend by email or text, such communication must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. Bulk referrals, distribution to strangers, or any other promotion of the Program in a manner that, in TalentBurst’s sole discretion, constitutes or appears to constitute unsolicited commercial email or spam, is expressly prohibited and is grounds for immediate termination of the Referrer’s participation in the Program. TalentBurst has a no-tolerance spam policy, and TalentBurst may remove a Referrer from the Program, block any email messages sent by the Referrer, remove any such content, or prohibit any use of the Program for cause.

FRAUDULENT AND SUSPICIOUS BEHAVIOR

TalentBurst may prohibit a Referrer from participating in the Program or receiving a Reward if, in TalentBurst’s sole discretion, TalentBurst determines in good faith that such Referrer is attempting or has attempted to undermine the fairness, integrity, or legitimate operation of the Program in any way by among other actions, cheating, hacking, engaging in deceptive practices, or engaging in any other unfair acts or practices intended to annoy, abuse, threatened, or harass other Referrers, referred individuals, or any TalentBurst representative. Use of any website, network, automated system, script, macro, bot, or similar scheme to participate in the Program is strictly prohibited and will result in discipline, including, but not limited to, the Referrer’s disqualification and removal from the Program and, if applicable, termination of the Referrer’s employment with TalentBurst. Referrers may not use multiple or fake email addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. TalentBurst reserves the right to disqualify any Referrer and/or cancel any Reward(s) if TalentBurst finds a Referrer to be tampering with any entry process or the operation of the Program, or in any way violating these Terms and Conditions. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND WILL RESULT IN THE REFERRER’S DISQUALIFICATION FROM THE PROGRAM. IF SUCH AN ATTEMPT IS MADE, TALENTBURST RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) TO THE FULLEST EXTENT AUTHORIZED BY LAW.

APPLICABLE LAW; CLASS WAIVER; WAIVER OF JURY TRIAL

All disputes, claims, and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or these Terms and Conditions are governed by Massachusetts law, without regard to Massachusetts conflict of laws principles. By participating in the Program, Referrers agree to the exclusive jurisdiction of the state and federal courts of Middlesex County, Massachusetts and waive all objections as to inconvenient forum. Referrers agree not to sue or otherwise bring a claim against TalentBurst arising out of or related to the Program in any other forum. Referrers also agree that, with respect to any dispute with or against TalentBurst arising out of or related to the Program, Referrers waive their right to a jury trial, and Referrers waive and release their right to serve as a representative or a private attorney general, and/or to participate as a member of a class of claimants, in any lawsuit arising out of or related to the Program.

GENERAL TERMS

These terms constitute the entire agreement between the Referrer and TalentBurst concerning the Referrer’s use of and participation in the Program. The failure or delay by TalentBurst to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provisions of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these Terms and Conditions will remain in full force and effect. Section titles are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions will have no right to enforce or receive the benefit of any of these Terms and Conditions.