TalentReferPlus Referral Program

Terms & Conditions

Last update: 01 Jan, 2024

Welcome to TalentReferPlus!

TalentBurst, Inc. (“TalentBurst” or “We”) offers brand supporters (“Referrer”, “You”, or “Your”) the opportunity to participate in its referral program, TalentReferPlus (“TalentReferPlus” or the “Program”). TalentBurst reserves the right to amend or terminate the Program at any time, for any reason. The Program is administered by TalentBurst. By participating in the Program, Referrers are bound by these Terms and Conditions and agree to use 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. Referrers may not participate in the Program when doing so would be prohibited by any applicable law or regulation. TalentBurst reserves the right to, at any time, modify or amend these Terms and Conditions and/or the methods through which rewards are earned. TalentBurst, in its sole discretion, reserves the right to disqualify any Referrers from participating in the Program at any time and for any reason, including, without limitation, if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by TalentBurst).

Children. 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.

How The Program Works

To participate in the Program, Referrers should visit www.talentreferplus.com and follow the on-screen instructions to refer friends or colleagues (“Friend(s)”) to the Program by entering their contact information in the relevant fields. An “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes are defined herein). By participating in the Program, a Referrer represents and warrants that he or she has a Friend’s consent to provide his or her contact information to TalentBurst.

Eligible Referrer

To be “Eligible”, a Referrer must be a legal resident of the United States of America or Canada and be at least 18 years old.

Individuals who are or have been internal employees of TalentBurst, along with their family members, are not eligible to participate in the Program at any time. Individuals who are contingent workers assigned to TalentBurst to end clients are eligible to participate in the Program.

Making a Referral

A Referral must register at www.talentreferplus.com to make a referral. After making a Referral, the Referrer will receive a confirmation email and will be later contacted if a Qualified Referral is placed by TalentBurst. Referrers must respect the spirit of the Program by only referring real individuals whom they know and who meet the requirements of these Terms and Conditions. Referrers may not refer themselves. For example, Referrer may not create multiple or fake accounts with TalentReferPlus or participate in the Program using multiple or fake email addresses or identities.

Qualified Referrals

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 the case may be; and (c) is at least 18 years old.
  • When initially contacted by TalentBurst, the Friend must complete a Confirmation Questionnaire, confirming his or her information and authorizing TalentBurst to contact him or her about this and other opportunities.
  • The Friend completed the hiring process with TalentBurst, was placed on assignment by TalentBurst, and has billed at least 320 billable hours.
  • TalentReferPlus does not cover all positions at TalentBurst, so the Friend must be employed in a position for which the Referral Program applies.

This Agreement shall begin on the date hereof.

A Qualified Referral is only available for the Friend’s first assignment through TalentBurst. Any additional or subsequent assignments for a Friend will not be considered Qualified Referrals and therefore not be entitled to the benefits of Qualified Referrals.

Earning Rewards

Referrers are eligible for a referral fee of up to USD $1,500 (the “Reward”). The exact amount of the Reward is based upon TalentBurst’s hourly margin on the placement. See the below chart.

Hourly Margin Reward
$0.00 - $2.00 $50.00
$2.01 - $5.00 $150.00
$5.01 - $10.00 $300.00
$10.01 - $20.00 $600.00
$20.01 - $30.00 $1,000.00
$30.01 + $1,500.00

Rewards will be issued by TalentBurst to the Referrer by Zelle (if available) or check, and funds will be disbursed approximately 90 calendar days after the Friend satisfies the minimum billing requirement. REWARDS WILL BE NULLIFIED IF A QUALIFIED REFERRAL FAILS, FOR ANY REASON, TO GENERATE MINIMUM BILLING OF 320 HOURS ON HIS OR HER FIRST ASSIGNMENT OR ENGAGES IN NEGLIGENT, RECKLESS, OR WILLFUL MISCONDUCT WHILE ON ASSIGNMENT. The manner in how TalentBurst issues Rewards is subject to change in TalentBurst’s sole discretion. TalentBurst may also change the Reward levels at any time in its sole discretion, but Rewards earned before such change will be honored at the previous Reward levels.

Verified Qualified Referrals

Rewards are subject to verification, including, but not limited to, confirmation that minimum billing requirements have been met and that the Friend has not committed any negligent or intentional misconduct while on assignment. Accordingly, TalentBurst may delay issuance of a Reward while verifying that the Reward was actually earned. TalentBurst may also refuse to process any transaction that TalentBurst, in its sole discretion, deems in good faith to be fraudulent, suspicious, or in violation of these Terms and Conditions, or would otherwise impose, subject, or expose TalentBurst, its corporate parent, 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.

Transfer and Value 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

Referrers may participate in the Program to refer their Friends as potential new TalentBurst employees. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that TalentBurst may send communications to the Friends on the Referrers’ behalf. The personal information will be collected, processed, and used in accordance with TalentBurst’s Privacy Statement, which can be found here. The personal information may also be used by TalentBurst to contact Referrers about their participation in the Program and to send to Referrers additional communications regarding the Program or additional job opportunities.

Liability

By participating in the Program, Referrers agree to: (a) be bound by these Terms and Conditions, the decisions of TalentBurst and its designees, and TalentBurst’s Privacy Policy; (b) defend, indemnify, release, and hold harmless TalentBurst, its parent company, 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 the Referrers’ 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), and TalentBurst 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

You, as the Referrer, expressly understand and agree that: (a) Your use of the Program is at Your sole risk; the Program is provided on an “as is” and “as available” basis and TalentBurst expressly disclaims all warranties, conditions, and terms (collectively, “Promises”) 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; (b) 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; and (c) 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

Referrers 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 risk.

Conduct

TalentBurst reserves the right to cancel, change, or suspend the Program if TalentBurst determines in good faith that a Referrer(s) has used the Program to engage in Prohibited Conduct. “Prohibited Conduct” includes use of the Program by a Referrer(s) to

  • Violate applicable law.
  • Infringe the intellectual property rights of TalentBurst or any third party.
  • Stalk, harass, or harm another individual.
  • Collect or store personal data about other Referrers or referred individuals.
  • Impersonate any person or otherwise misrepresent Referrer’s identity.
  • Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks.
  • Interfere with another Referrer’s use of the Program.
  • Gain or attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program.
  • Transmit or attempt to transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features.
  • Conduct or attempt to conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.
  • Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
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. Referrers who participate in the Program agree to indemnify, hold harmless, and defend TalentBurst for any liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to any violation or alleged violation of law, including, but not limited to, antispam laws.

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.

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