Referral Program Terms & Conditions

Effective Date: [Insert Date]

These Referral Program Terms & Conditions (“Agreement”) govern participation in the referral program offered by [Company Name] (“Company,” “we,” “our,” or “us”). By submitting a referral, participating in the referral program, or accepting any referral payment, you (“Referrer,” “you,” or “your”) agree to the following terms.

1. Referral Program Overview

The Company may offer referral incentives or bonuses for introducing qualified construction professionals to the Company.

Referral bonuses are discretionary and subject to the terms outlined in this Agreement.

The Company reserves the right to modify, suspend, or terminate the referral program at any time without prior notice.

2. Eligible Referrals

To qualify for a referral bonus:

  • The referred individual (“Candidate”) must be submitted through an approved referral process designated by the Company;

  • The Candidate must consent to being referred;

  • The Candidate must not already exist in the Company’s recruiting database, pipeline, or active recruiting process;

  • The Candidate must not have previously applied through the Company within the prior twelve (12) months;

  • The Candidate must be successfully placed by the Company with a client employer.

The Company reserves the sole right to determine referral eligibility and candidate ownership.

3. Referral Bonus Eligibility

Unless otherwise stated in writing:

  • Referral bonuses are only earned after the referred Candidate completes sixty (60) calendar days of active employment with the hiring employer;

  • The Candidate must remain actively employed and in good standing throughout the required employment period;

  • Referral bonuses are not earned for interviews, applications, or partial employment periods;

  • Bonus amounts may vary depending on role type, placement structure, compensation level, or recruiting agreement.

Referral bonuses are only payable if all program requirements are satisfied.

4. No Guaranteed Payments

Submission of a referral does not guarantee:

  • Candidate placement;

  • Employment offers;

  • Referral bonus payment;

  • Continued operation of the referral program.

The Company reserves the right to deny, withhold, adjust, or cancel referral payments in its sole discretion where permitted by law.

5. Disqualified Referrals

Referral bonuses may be denied for:

  • Duplicate referrals;

  • Self-referrals;

  • Fraudulent or misleading submissions;

  • Referrals submitted without the Candidate’s consent;

  • Candidates already known to the Company;

  • Referrals involving policy violations;

  • Referrals connected to unlawful activity;

  • Attempts to manipulate or abuse the referral program.

The Company reserves the right to investigate suspected abuse or fraudulent conduct.

6. Candidate Consent & Responsibility

Referrers represent and warrant that:

  • They have permission from the Candidate to share contact information;

  • Information submitted is accurate and truthful;

  • They will not submit confidential information without authorization.

Referrers are solely responsible for ensuring they have appropriate consent before sharing candidate information.

7. Independent Hiring Decisions

The Company does not control employer hiring decisions.

All employment decisions are made solely by third-party employers.

The Company does not guarantee:

  • Candidate hiring;

  • Compensation;

  • Employment duration;

  • Workplace conditions;

  • Continued employment.

8. Taxes & Payment Reporting

Referral bonuses may constitute taxable income.

Referrers are solely responsible for:

  • Reporting referral income;

  • Paying applicable taxes;

  • Providing any required tax documentation.

The Company may require completion of IRS Form W-9 or similar documentation before issuing payment.

The Company may issue tax reporting forms where legally required.

9. Payment Timing & Method

Referral payments:

  • Are issued only after verification of qualifying employment requirements;

  • May require administrative processing time;

  • May be paid through electronic payment methods, check, payroll systems, or other approved methods.

The Company reserves the right to delay payments while investigating eligibility, fraud concerns, disputes, or incomplete documentation.

10. No Employment Relationship

Participation in the referral program does not create:

  • Employment relationships;

  • Partnerships;

  • Joint ventures;

  • Agency relationships.

Referrers act solely as independent participants in the referral program.

11. SMS & Electronic Communications Consent

By participating in the referral program or providing contact information, you consent to receive communications from the Company through:

  • SMS/text messages;

  • Phone calls;

  • Email;

  • Electronic forms;

  • Automated communication systems.

Communications may include:

  • Referral updates;

  • Candidate status notifications;

  • Payment notifications;

  • Recruiting opportunities;

  • Administrative communications.

Message frequency may vary.

Standard message and data rates may apply.

You may opt out of SMS communications at any time by replying “STOP” or contacting the Company directly.

12. Electronic Data Processing & Storage

Participants acknowledge and agree that:

  • The Company may collect, process, organize, store, and maintain information electronically;

  • Information may be stored using cloud-based systems, CRM systems, spreadsheets, form software, applicant tracking systems, communication tools, or recruiting software;

  • Third-party providers may assist with data processing and communications;

  • Electronic systems involve inherent security risks.

The Company will use commercially reasonable efforts to maintain professional handling of information but cannot guarantee absolute security.

13. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any:

  • Indirect damages;

  • Consequential damages;

  • Lost income;

  • Lost opportunities;

  • Data loss;

  • Delayed payments;

  • Referral disputes;

  • Program interruptions.

The Company’s maximum liability relating to the referral program shall not exceed the amount of the applicable referral bonus actually paid or payable.

14. Arbitration Agreement

Any dispute arising out of or relating to this Agreement or the referral program shall be resolved through binding arbitration in the State of California under the rules of the American Arbitration Association.

Participants waive the right to participate in class actions or class arbitration.

15. California Compliance

Nothing in this Agreement is intended to waive rights that cannot legally be waived under California law.

If any provision is found unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

16. Severability

If any provision of this Agreement is determined invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Waiver

Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of future enforcement.

18. Modifications

The Company reserves the right to modify, update, suspend, or terminate the referral program or these Terms & Conditions at any time.

Updated versions become effective upon posting or written delivery.

19. Entire Agreement

This Agreement constitutes the entire agreement relating to participation in the referral program and supersedes prior discussions or understandings.

20. Contact Information

[Company Name] [Email Address] [Phone Number] [Website URL]