Terms and Conditions

Terms of Service
 
LAST UPDATED:  April 12, 2016
 
YOU AND REFLIK, INC., A DELAWARE CORPORATION (“REFLIK”, “WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE LOCATED AT WWW.REFLIK.COM, AND ANY MOBILE APP PROVIDED BY US IN THE FUTURE, IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE. TO MAKE THESE TERMS OF SERVICE EASIER TO READ, THE FOREGOING REFERENCED WEB SITE AND ANY FUTURE MOBILE APP ARE REFERRED TO AS THE “WEB SITE” AND THE SERVICES PROVIDED BY US THROUGH THE WEB SITE AND ANY RELATED MOBILE APP ARE REFERRED TO AS THE “SERVICES.” YOUR USE OF THE WEB SITE, ANY RELATED MOBILE APP OR THE SERVICES IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND US (THE "AGREEMENT"). WE ARE WILLING TO ALLOW YOU ACCESS TO THE WEB SITE AND ANY RELATED MOBILE APP AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THE TERMS OF SERVICE, PLEASE INDICATE YOUR DECISION BY CLICKING THE CHECKBOX ON THE ACCOUNT SIGN UP/REGISTRATION FORM NEXT TO THE STATEMENT THAT READS “I have read and agreed to the Terms of Service.” IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ESTABLISH AN ACCOUNT AND USE OUR SERVICES. IN ALL CASES, BY ACCESSING, REGISTERING AS A USER, VIEWING OR USING OUR WEB SITE, YOU AGREE TO THE TERMS OF SERVICE.


The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you are under 18, then you are not permitted to use the Services. You must complete a sign-up form in order to use the Services. You may have one Account (as defined below) to use the Services. We reserve the right to refuse registration of, or cancel, Accounts at any time and for any reason, as we deem appropriate. At this time, Employers (“Employers”) must be located in the United States in order to use the Services. If you are an Employer and are not located in the United States, you will not be allowed to use the Services. Upon termination of your registration as a "user", you will no longer be allowed access to the Services or your Account. We also reserve the right to modify, suspend or discontinue the Services or the Web Site, or your access to the Services or the Web Site, with or without notice at any time and without any liability to you. Note that if you are an Employer or otherwise make use of the resumes that are provided on the Web Site to fill any job, position or opportunity for employment (an “Employment Opportunity”), you must agree to pay the applicable fees as set forth below in “Consideration” in order to use the Services.
 
We may use all Account registration information, subject to compliance with our Privacy Policy that can be found here (the "Privacy Policy"). This Agreement includes terms and conditions set forth in the Privacy Policy and the Privacy Policy is incorporated herein by reference. By indicating your agreement to this Agreement, you are consenting to have your personal data used by us as set forth in the Privacy Policy.


Your Account
Use of the Services requires that you register and/or create an account ("Account"). To register and create an Account, you must select an account user ID and password and provide certain personal information. In consideration of the use of the Web Site and the Services provided by us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your access to the Web Site (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the above clauses (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
 
If you are opening up an Account on behalf of an entity (e.g., an Employer or an Independent Recruiter (as defined below)), you represent and warrant that: (i) you are duly authorized to act for and on behalf of the entity with respect to the Account, including the posting of Employment Opportunities; (ii) you are authorized to make any and all payments due us with respect to that account; (iii) you are authorized to receive any and all amounts to be paid by us to that Account and (iv) all information provided by you with respect to the entity and the Account will be true and accurate. You agree that you will not use the Account for any purposes other than representation of the entity.
 
Services
All users may use the Web Site and the Services solely for their own use. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Web Site or through the Services. We reserve all of our statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Web Site or any content contained therein, whether in whole or in part, without prior written consent from us. Any rights not expressly granted herein are reserved.
 
You agree that your use of the Web Site and the Services is subject to all applicable local, state and federal laws and regulations. You also agree:
·         not to use the Web Site or the Services or submit content to the Web Site if you are under the age of 18;
·         not to access the Web Site using a third-party's account/registration without the express consent of the account holder;
·         not to use the Web Site or the Services for illegal purposes;
·         not to use the Web Site or Services to engage in commercial activities, except those activities contemplated by the Services;
·         not to copy any content from the Web Site for republication in print or online;
·         not to attempt to gain unauthorized access to other computer systems from or through the Web Site or the Services;
·         not to interfere with another person's use and enjoyment of the Web Site or the Services or another entity's use and enjoyment of the Web Site or the Services;
·         not to use robots, spiders or any other automatic device to copy, transmit or use in any form the content of the Web Site, including resumes, posted jobs, profiles of candidates seeking Employment Opportunities, or any other pages or content on the Web Site;
·         not to upload obscene or pornographic material;
·         not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
·         not to disrupt, interfere with, or otherwise harm or violate the security of the Web Site or the Services, or any system resources, accounts, user IDs, passwords, servers or networks connected to or accessible through the Web Site or affiliated or linked sites (including those of our partners).
 
For Employers using the Services and the Web Site, you agree to use the Services and the Web Site solely to look for potential candidates for specific Employment Opportunities and for no other purposes. Furthermore, you agree that you will not:
  • take any action which imposes an unreasonable or disproportionately large load on the Web Site infrastructure; or
  • contact the Web Site’s users (e.g., other Employers, Independent Recruiters, Employment Opportunity candidates, etc.) through unsolicited e-mail, telephone calls, mailings or any other method of communication to sell goods or services other than Employment Opportunities contemplated by you or our users.
 
User Provided Content
The Web Site allows you and others to post, transmit, display, publish, distribute, or otherwise submit user generated material including, but not limited to, Employment Opportunity postings and resumes (collectively, "Submissions"). You agree not to create any Submission that:
·         is incomplete, false or inaccurate, including without limitation, resume information or information which is inaccurate;
·         is or represents a franchise, pyramid scheme, change letter, "club membership", distributorship or sales representative agency agreement or other business opportunity which requires an up-front or periodic payment, pays commissions only (no significant salary) or requires recruitment of other members, sub-distributors or sub-agents;
·         imposes an unreasonable or disproportionately large load on the Web Site infrastructure;
·         includes a false profile or resume for the purpose of soliciting recruiting assignments from Employer subscribers who are posting jobs on the Web Site;
·         contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
·         is defamatory, threatening, disparaging, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
·         unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site or the Services;
·         contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
·         constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
·         discloses any personal identifying information relating to or images of a minor;
·         infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
·         contains viruses or other harmful, disruptive or destructive files;
·         links to any commercial or other website (except that Employers may provide informative links to the sponsoring entity’s web site); and/or
·         is not otherwise in compliance with these Terms of Service.
 
Each time you provide a Submission to the Web Site, you represent and warrant that you have the right to provide such Submission, which means that you represent and warrant that:
·         you are the author of the Submission, or
·         the Submission is not protected by copyright law, or
·         you have express permission from the copyright owner to use the Submission in connection with the Web Site; and
·         you have the right to grant us the license set out in these Terms of Service;
·         your use of the Web Site and Submission(s) do not violate these Terms of Service.
 
You grant us and our affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to us in any form, media, software or technology of any kind now existing or developed in the future, including but not limited to social media websites, job boards, or any other websites. Without limiting the generality of the previous sentence, you authorize us to include the Submissions you provide in a searchable format that may be accessed by users of the Web Site. You also grant us and our related entities the right to use any Personally Identifiable Information (as that term is defined in our Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and our provision of Services to you. You also grant us the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to us for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Web Site, without compensation of any sort to you. We do not claim ownership of Submissions.
 
Submissions are not endorsed by us, and do not represent the views of us or our subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that we do not control Submissions, and disclaim any responsibility for Submissions. We specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, we do not represent or warrant that any other content or information accessible via the Web Site is accurate, complete, reliable, current or error-free. We assume no responsibility or liability for any errors or omissions in the content provided via the Web Site.
 
We reserve the right (but disclaim any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission for any reason or no reason whatsoever, in our absolute and sole discretion.
 
You acknowledge and agree that the Web Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of us. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Web Site are reserved.
 
 
Additional Rules for Using the Services
 
If you are an Independent Recruiter and have an existing, documented, relationship with an Employer that uses the Services, you can continue to work offline with that Employer or you can work through our Services, subject to our Terms of Service. The Terms of Service prohibit bringing new business developed through our Service offline and anyone attempting to violate this policy will be immediately removed and denied access to the Service, and in addition we may pursue all other legal remedies available to us.
 
If you are a recruiting professional or head hunting company that intends to refer candidates and earn a fee (such professionals and companies referred to herein as “Independent Recruiters”), please make sure you have spoken with all candidates you are referring and have his/her consent in writing to refer him or her for an Employment Opportunity.
 
The Services are set up to automatically block duplicate submissions. In the unlikely event that the system fails to block a duplicate submission, the winner of the Referral Reward (as defined below) will be the party who first submitted the candidate, as determined by the time and date stamp on the submissions. We will never be required to pay more than one Referral Reward for the same candidate placement or the same Employment Opportunity. In the unlikely event of a duplicate submission by another party (i.e., when the same candidate is submitted by two parties), we will look at time stamp (date and time when the candidate is referred by each party as per our records) as well as documented proof that each party had the candidate’s consent in writing prior to introducing him / her. The party first referring the candidate with the candidate’s permission will be awarded the Referral Reward.
 
Individuals and Independent Recruiters shall have the right to represent the candidates they submit for a period of six (6) months from the date of submission for that particular Employment Opportunity for which a referral was made.
 
Candidates who applied to an Employer outside of the Services in the preceding 3 months would be considered already in the Employer database, and if the Employer hires the candidate who has already applied directly or was referred by someone outside of the Services, the Employer will not owe any Placement Fee (as defined below) and we would not owe any Referral Reward for such candidate.
 
If you are an Employer, you represent and warrant that you are authorized to advertise Employment Opportunities through the Services on behalf of your company, and that you have authority to make payments in the event a candidate referred through this Web Site for the Employment Opportunity gets hired by you. You agree that you will take time to update the online candidate statuses via the Services and keep us informed. You will attempt to log in to the Web Site not less than 2 times a week. You will update joining dates as applicable via the Services once a candidate accepts an offer. In the event that a joining date is changed for any reason, you will update the Web Site to ensure the joining date is accurate.
 
Your intellectual property rights
We make no claims on any Submission. Any Submission submitted by you will remain your intellectual property. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any Employment Opportunity posting, or resumes submitted by you.  You will be responsible for making back-up and archival copies of your Submissions. In no event will we be responsible to you or any other person for any loss, corruption or alteration of Submissions.
 
Indemnification
You agree to indemnify, defend and hold us and our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;

(ii) your use of the Services or the Web Site in violation of this Agreement; or

(iii) your Submissions and/or your violation of any law or the rights of a third party.


You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.
 
Our intellectual property rights
You acknowledge that we own all right, title and interest in and to the Web Site and the Services (the "Intellectual Property"), and such Intellectual Property is protected by U.S. and international intellectual property laws.
 
Disclaimer of warranties
We are not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for various reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials or Submission in connection with the Web Site or the Services. THE WEB SITES AND THE SERVICES ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES AND/OR THE SERVICES.
 
We receive information from various sources and do not screen or censor the listings for Employment Opportunities, candidate resumes or other information which comprise the content of the Web Site. Further, there are potential hazards associated with electronic distribution, and there may be delays, omissions, inaccuracies or typographical errors in the content of the Web Site. Accordingly, we have no control over the quality, safety, or legality of the Employment Opportunities or resumes posted, the truth or accuracy of the listings, the ability of specific Employers to make Employment Opportunity offers to candidates or the ability of candidates to fill Employment Opportunity openings. Further, there are potential risks, including but not limited to the risk of physical harm when dealing with people acting under false pretenses, strangers, foreign nationals or underage persons. We make no representations about the accuracy, reliability, completeness, or timeliness of this Web Site or material. You assume all risks in dealing with other users with whom you come into contact with through the Web Site. 
 
We are under no legal obligation to control the information provided by other users, which is made available through the Web Site. There is the potential that other user’s information may be offensive, harmful, inaccurate or deceptive. You are expected to use caution and common sense when using the Web Site. The use of the Web Site and all material included therein is at your own risk. Changes are periodically made to the Web Site and may be made from time to time without notice. Employers are solely responsible for their postings of Employment Opportunities on the Web Site.
 
We are not to be considered to be an Employer with respect to your use of the Web Site, and we do not guarantee that Employment Opportunity candidates will be contacted or hired by any of the Employers whose Employment Opportunity postings appear on the Web Site. We are not responsible for any employment decisions, whatsoever, made by any Employer posting Employment Opportunities on the Web Site. Further we do not take responsibility for any Employment Opportunity that candidates may secure as a result of using the Web Site. We do not make any representations or warranties of any kind with respect to any Employment Opportunity candidate, Employer, or third party whether in regards to the Web Site, hiring, employment recruiting practices, products, or services. We do not endorse any Employment Opportunity, candidate, Employer or third party on the Web Site.
 
Limitation of liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
Links and Third Party Services
As a courtesy to you, the Web Site may offer links to other websites. We are not responsible for the contents of any website pages created and maintained by organizations independent of us. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can we guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by us. If you receive any products or services from a third party web site, your use of such services or receipt of such products will be subject to the terms and conditions of the applicable third party web site. By using the Web Site and Services you acknowledge that we are responsible neither for the availability of, nor the content located on or through any third-party website pages.
 
Customer Communications
By signing up for an Account with us, you are opting in to receive communications from us regarding our products and services, including customer newsletters, special offers and exclusive discounts. You may opt out of these communications at any time by following the "unsubscribe" link at the bottom of any email. For more details about how we collect and use customer information, please visit our Privacy Policy page.
 
Trademarks
Reflik.com™ and Reflik™ are our trademarks. Such trademarks and other marks, logos, and names used on or in connection with the Web Site may not be used in connection with any product or service that is not under our ownership or control. Furthermore, such trademark may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us or our affiliates, which appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
 
Consideration
 
To be paid by Employers.
 
If you are an Employer and post an Employment Opportunity, you agree that in the event you are able to fill the Employment Opportunity through the Services, you will pay us the Placement Fee (“Placement Fee”) and Platform Fee (“Platform Fee”) applicable to the pricing plan you selected on your Reflik Talent Crowdsourcing Platform Term Sheet, unless otherwise agreed to by us in writing. We will select the Referral Reward for each Employment Opportunity. Employers electing to choose our monthly subscription pricing plan are subject to a minimum subscription period of 3 months. Employers are obligated to pay Placement Fees and Platform Fees regardless of whether the actual person who accepted employment published a resume on the Web Site or was referred by an Independent Recruiter or an individual using the Services (including without limitation referrals made by an individual via social media).
 
No Placement Fees are due for candidates who applied to the Employer outside of our Services within the preceding three (3) months. These candidates belong to the Employer, and no Placement Fees will be paid by the Employer with respect to these candidates. We reserve the right to require documented proof of Employer’s contact with the candidate during the applicable 3-month period. Once a candidate has been submitted, Placement Fees are due us if the candidate is hired at any time during the following 6-month period for any position with the Employer.
 
You will be invoiced for the Placement Fee immediately upon the applicable candidate joining date, and all payments are due within fifteen (15) days of the candidate joining date. You will be invoiced for the Platform Fee (if applicable) on a monthly basis in advance.
 
Reflik provides a 60-day full placement guaranty. In the event that the candidate hired through Reflik’s Services leaves or is terminated for any reason within sixty (60) days of joining, you (the Employer) shall notify Reflik in writing and Reflik will provide a replacement candidate free of charge. Employers that have not timely paid all Placement Fees and Platform Fees are not eligible for our candidate guaranty.
 
All amounts not paid when due will accrue interest at the rate of 1% per month. Furthermore, you agree that you will reimburse us for all costs and expenses, including without limitation reasonable attorneys’ fees, incurred by us to enforce our rights under this Agreement, including right to payment.
 
For all Employers, you agree that we may audit your books and records to ensure that you have paid us any and all Placement Fees and Platform Fees due us for your use of the Services. Consequently, you shall maintain, during the term of this Agreement and for at least three (3) years thereafter, records sufficient to demonstrate your compliance with your reporting and payment obligations under this Agreement.  You shall make such records available for inspection and copying by us or our representatives, during normal business hours upon reasonable advance notice, for the purpose of confirming your compliance with your obligations under this Agreement.  We may at our election engage an independent public accounting firm to conduct an audit of amounts due us in exchange for your use of the Services.  If in the written opinion of such auditors there has been an under-reporting by you of the total amounts due, you shall pay the costs of such audit in addition to all unpaid amounts then owing.
 
Consideration to be paid to Independent Recruiters
 
If you are an Independent Recruiter and provide a candidate that accepts employment with respect to an Employment Opportunity that has been published on the Web Site, you will be paid a Referral Reward within 7 days of the referred candidate’s completion of the guaranty period (the “Referral Reward”). We are only liable to pay you if we get paid by the Employer for the candidate you referred. You can choose to receive a check via mail or we can direct deposit Referral Rewards electronically in an account designated by you after your referred candidate completes 60 days of employment. Prior to making payment to you, we will need you to provide the name of the legal entity to be paid, account information in the event that we are to make payment electronically, as well as the applicable EIN or Social Security number and W-9 form. We reserve the right to request any additional information that we may need in order to pay you a Referral Reward.
 
Independent Recruiters are not eligible for a Referral Reward for candidates who applied to the Employer outside of our Services in the preceding 3 months (or such shorter or longer period as may be specified in our contract with the Employer). These candidates belong to the Employer, and no Referral Rewards will be paid by us with respect to these candidates. If the Employer hires a candidate whom they already were in touch with (in the past 3 months) prior to your submission, neither we, nor the Employer will owe a fee to you. Individual Recruiters are solely responsible for any taxes to be paid, which are levied on their receipt of a Referral Reward.
 
If the candidate introduced by you is submitted for a different Employment Opportunity within the Services by someone else, that Independent Recruiter or individual will own the right to represent that candidate for that particular Employment Opportunity.
 
Consideration to be paid to Individuals who make referrals
 
In the event that the candidate (e.g., your friend or social connection, etc.) you refer gets hired by an Employer advertising an Employment Opportunity through the Services, and once we get paid for the applicable Placement Fee from the Employer, you will be eligible to receive your Referral Reward or percentage thereof as set forth below.
 
Please keep in mind that you will not be eligible for a Referral Reward if the candidate you refer existed in the Employer’s database within the 3-month period (or such shorter or longer period as may be specified in our contract with the Employer) prior to the date of your referral. Also, if we do not get paid a Placement Fee for your referral by the Employer, you will not be eligible for a Referral Reward or percentage thereof as set forth below.
 
If there are multiple people involved in a referral chain, here is how the Referral Reward will be divided among referring parties.
  • If A refers to B and B gets hired, A will get 100% of Referral Reward advertised
  • If A refers to B, B refers to C and C gets hired, A and B will split Referral Reward 50:50%
  • If A refers to B, B refers to C, C refers to D and D gets hired, A and B will get 25% each and C will get 50% of the total Referral Reward.
  • If A refers to B, B refers to C, C refers to D, D refers to E and E gets hired, B and C will get 25% each and D will get 50% of the total Referral Reward. In this case, A does not receive any portion of the Referral Reward because only the last three individuals in the referral chain are eligible to share in the Referral Reward.
 
Referral sources can choose to receive a check via mail, or we can direct deposit Referral Rewards electronically in an account designated by you. Prior to making payment to you, we will need you to provide the account information in the event that we are to make payment electronically, as well as the applicable Social Security number and W-9 form. We reserve the right to request any additional information that we may need in order to pay you a Referral Reward or any part thereof.
 
Individuals are solely responsible for any taxes to be paid, which are levied on their receipt of a Referral Reward or any portion thereof.
 
Jurisdiction, Arbitration, Applicable Law and Limitations
The Web Site is created and controlled by Reflik, Inc. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, without regard to its conflicts of law provisions. You agree that any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Somerset, New Jersey, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of New Jersey, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
 
Use of the Web Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. We make no claims or assurances that the Web Site is appropriate or may be downloaded outside of the United States. In the event that the arbitration or class action terms are determined to be unenforceable or invalid for any reason, you agree that all legal proceedings arising out of or in connection with this Agreement, or Services available on or through the Web Site must be filed in a federal or state court located in New Jersey within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
 
General
a.     Enforceability. If any provision in this Agreement is found to be void, invalid or otherwise unenforceable, then that provision shall be deemed to be superseded by a valid, enforceable provision or that matches the intent of the original provision as closely as possible. The remainder of the Agreement shall continue to be enforceable and valid according to terms contained herein.
b.    Entire Agreement. This Agreement sets forth the entire agreement between you and us pertaining to your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.
c.     No Waiver. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of this Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
d.    Headings & Construction. The section titles in this Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
e.     Contact Us. For questions regarding the terms of this Agreement, contact us at legal@reflik.com or 285 Davidson Avenue, Suite 403, Somerset, NJ 08873.
 
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