EMPLOYEE REFERRAL PROGRAM
TERMS AND CONDITIONS
These Terms and Conditions govern the Northern Staffing Employee Referral Program (the “Program”) and your eligibility to participate in the Program. IN ORDER TO PARTICIPATE IN THE PROGRAM, YOU MUST AGREE TO ALL OF THESE TERMS AND CONDITIONS.
1. Referral Award.
A. There are three categories of eligible participants: (i) individuals who become Qualified Employees: (ii) Northern Staffing employees who refer individuals who become Qualified Employees; and (iii) non-Northern Staffing employees who refer individuals who become Qualified Employees. Qualified Employees and Northern Staffing employees who refer them will receive a bonus in the amount that they registered for. Non-Northern Staffing employees who refer Qualified Employees will receive a cash card in the amount that they registered for. (The $200.00 cash bonuses and cash cards and $50.00 bonuses are referred to as “Referral Awards”.) During the term of the Program, and as long as you are abiding by these Terms and Conditions, there is no limit as to how many Referral Awards a referral source may receive; provided that only one Referral Award will be paid per Qualified Employee.
B. Non-Northern Staffing employee referral sources will receive their $200.00 or $50.00 cash cards in the mail at the address provided to Northern Staffing within thirty (30) days after the Qualified Employee they have referred completes 90 continuous days of employment with Northern Staffing at a Qualified Location (as defined below). Qualified Employees and those qualified Northern Staffing employees who have referred them will receive their $200.00 cash bonuses in their regular payroll the payroll following completion by the Qualified Employee of 90 continuous days of employment with Northern Staffing at a Qualified Location.
2. Referral Source Participation Eligibility.
and signed IRS Form W-9; and (vi) agree to abide by all of these Terms and Conditions during the term of the Program.
B. You may NOT participate as a referral source if you do not meet all of the eligibility conditions above.
3. Requirements for Qualified Employees.
A. To be a Qualified Employee under the Program, an individual must meet all of the following eligibility criteria: (i) must be at least eighteen (18) years old; (ii) must be personally known to the referral source, must have consented in writing to the submission of their name and contact information to Northern Staffing, and must have consented to allow a representative of Northern Staffing to contact him or her to discuss employment;
(iii) must be qualified to become a Northern Staffing employee, and must pass all pre-employment tests, become a Northern Staffing employee at a location which participates in the Program (a “Qualified Location”) and remain an employee at a Qualified Location for at least 90 continuous days.
B. Northern Staffing reserves the right to determine the eligibility of any individual as a Qualified Employee in its sole discretion. Northern Staffing also reserves the right to decline to interview, test, place, employ or continue to employee any person referred to Northern Staffing by the referral source in its sole discretion, and without any liability to the referral source.
4. Termination of Eligibility to Participate.
A. Northern Staffing reserves the right to terminate a referral source’s eligibility to participate in the Program and receive Referral Awards if Northern Staffing determines that the referral source has:
(i) failed to abide by these Terms and Conditions in any respect; (ii) violated applicable law; (iii used a fictitious name or provided false information about yourself or any potential Qualified Employee, or participated in this Program or received Referral Awards using multiple or fake addresses or other personal identifying information;
(iv) solicited potential Qualified Employees from those not personally known to you, or by means of any bulk email or faxes, unsolicited commercial email or faxes or any other mass communication, telemarketing or cold calling, robocalling or other automated systems, marketing materials, social media, advertising, posting, spamming or the like; (v) made any false or unauthorized representations or promises of any kind regarding Northern Staffing or its business, or given out any false or misleading information about Northern Staffing or its business; (vi) defamed or disparaged any individual or entity, including without limitation any of Northern Staffing’s competitors; or (vii) sought to interfere with or undermine the operation, integrity or fairness of this Program in any manner.
5. Modification of Program Terms; Termination of Program
Northern Staffing reserves the right, in its sole discretion, to modify any of the terms of the Program from time to time, or end the Program, at any time without notice; provided that no such modifications or termination shall affect any Referral Awards to which a referral source or Qualified Employee may be or become entitled prior to such modifications or termination. Continued participation in this Program or acceptance of Referral Awards constitutes
acceptance of all Program terms as modified from time to time.
Non-Northern Staffing employees are solely responsible for paying any applicable taxes on any Referral Awards paid to them. Northern Staffing cannot and will not provide any participant with any tax advice or guidance. Participants should consult their own tax professional with any questions about the taxability of Referral Awards. Northern Staffing will provide an IRS Form 1099 MISC (Non-employee Compensation) earnings statement to any Non-Northern Staffing employee who has received more than $600 of Referral Awards in the previous calendar year.
7. Disclaimer and Limitation of Liability;Release.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL NORTHERN STAFFING BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING IN ANY WAY TO THE PROGRAM, EVEN IF NORTHERN STAFFING SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NORTHERN STAFFING SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO THIS PROGRAM.
NORTHERN STAFFING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REFERRAL AWARD OR ANY PARTICIPANT’S PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REFERRAL AWARDS ARE PROVIDED “AS-IS.” NEITHER NOTHERN STAFFING NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “NORTHERN STAFFING PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROGRAM, OR USE OF ANY REFERRAL AWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) TYPOGRAPHICAL OR OTHER ERROR IN THE ADMINISTRATION OF THE PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REFERRAL AWARD; (IV) ANY OTHER CONDITION THAT MAY CAUSE THE PROGRAM TO BE DISRUPTED; AND (V) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REFERRAL AWARD.
NORTHERN STAFFING RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REFERRAL AWARDS FOR ANY REASON.
RELEASE: BY PARTICIPATING IN THE REFERRAL PROGRAM, EACH PARTICIPANT RELEASES AND AGREES TO HOLD HARMLESS NORTHERN STAFFING AND ALL NORTHERN STAFFING PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROGRAM; (II) ACCEPTANCE OR USE OF ANY REFERRAL AWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROGRAM.
A. Information Collected
We collect your name, address and social security number.
B. Use of Information Collected Via the Sites
We use the information we collect primarily to fulfill the terms of the Program and to contact you regarding the Program.
C. Sharing and Disclosure of Information
We will not share or disclose your personally identifiable information except in the following instances:
(i) To fulfill a service to you. For example, we may use your personally identifiable information to fulfill the terms of the Program. This means that we may share the information for prize fulfillment purposes or mail carriers.
(ii) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property.
(iii) To protect against potential fraud, we may verify with third parties the information collected from you. In the course of such verification, we may receive personally identifiable information about you from such services.
9. Dispute Resolution
In the event of any controversy, claim or dispute (“Dispute”) related to or arising out of your participation in the Program, you and Northern Staffing mutually agree to the following dispute resolution procedure:
1. The parties will first attempt in good faith to resolve any Dispute by informal negotiation. The informal negotiation period will begin when the party asserting the Dispute sends a written notice to the other party describing the facts and circumstances of the Dispute. If, after thirty (30) days from the date the notice of Dispute is sent, the parties have been unable to resolve the Dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
2. If the parties are unable to resolve the Dispute through informal negotiation, you and Northern Staffing agree that exclusive jurisdiction for the Dispute shall be binding private arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator within seven (7) days of the request by either that an arbitrator be appointed, either party may petition the Antrim County (Michigan) Circuit Court for appointment of an arbitrator. The arbitrator shall be compensated at an hourly rate which will be set by the arbitrator as soon as practicable after he/she is selected. The parties shall submit their claims and responses according to procedures established by the arbitrator. Each party shall pay all of its own expenses and shall split evenly the fees and expenses of the arbitrator. The parties anticipate that all hearings and other proceedings will be conducted without administrative charge at the offices of their counsel or the arbitrator. Notwithstanding the foregoing, the substantially prevailing party in the arbitration and any court proceedings to enforce the award (including all appeals) shall be entitled to an award of its actual costs and fees, including its share of the arbitrator(s)’ fees and expenses and its reasonable attorney fees, in the arbitration and in any award enforcement trial or appellate court proceedings. The award of the arbitrator may be entered in any court having jurisdiction.
3. BY PARTICIPATING IN THE PROGRAM, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a Dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.