Binding Terms of Medvacon Referral Program

These Terms for Medvacon’s (the “Company”) are binding upon anyone who chooses to submit a referral to the Company pursuant to these Terms.  When you submit a potential referral to the Medvacon Referral Program (the “Program”) as detailed herein below, you will be required to confirm your acceptance of the Terms of this Program.

Absent your agreement with these Terms, you are not entitled to any referral fee or other compensation pursuant to the Program.

Use the form appearing at the end of these Terms or posted on the Company website [insert link] to submit a potential referral. 

Your Personal Information:  Please note also that when you participate in the Program, and submit referrals, we will need to collect from you your contact information, including your name, email address, information so that we can pay you any fees to which you may be entitled under the Program, and tax payer ID information where required by law in conjunction with your receipt of payment from us.  For more information as to how we process your personal information, please see our Website Terms of Use [insert link] and Privacy Policy [insert link].  By making submissions to the Program, you are also agreeing to our receipt and processing of your personal information as described herein and in the Privacy Policy.

Who is eligible to participate:

• You must be over the age of 18 or legal majority to form a binding contract.
• You must be located in the United States and be a U.S. Citizen or be authorized to work in the United States.
• You must not be an employee of the Company, or any of its current or future corporate parent, subsidiaries or affiliates.

Types of Potential Referrals:

• Business customers for the Company
• Potential employees (full time or part time)
  • NOTE: any individual referred to the Company must be either U.S. citizens or residents holding a green card permitting them to work in the United States.

Program Requirements:

• When making a referral, you must notify the potential customer or employee candidate that you are referring that person or entity to the Company.
• If the referral is an individual, you must secure their prior written consent before you provide to us any information about that person.
  • We are entitled to rely on, and you intend for us to rely upon, your assurance that you have secured such consent.
  • If, when we contact the referred entity or person, they do not confirm you were authorized to provide their information to us, then you will not qualify for any compensation under the Program.

Bases for Rejection of Submissions to Program:

• Once a company or candidate is submitted and successfully engaged, they are no longer eligible for submission via the Company Program.
• If someone else already referred the entity or person to the Company the same resource you submit, then your submission will not qualify for the Program.
• If a submitted referral is already engaged in discussions with the Company, or already employed or engaged with the Company or was previously employed or engaged with the Company, then the referral does not qualify for the Program.
• You cannot submit yourself for the Program but can apply for any opportunity available.

If your referral to the Company does not qualify for any of the reasons outlined above, we will notify you by email of the same.  Our determination is final and binding.

You acknowledge and agree that the Company has no obligation to hire any candidate or engage with any referred client and such hiring and engagement is solely in the discretion of the Company and no referrals are paid by the Company if it elects not to hire or engage with any referred candidate or client. 

Note: there is no limit on the number of potential referrals you can submit to the Program.  However, if you repeatedly submit referrals who then advise us that you did not secure their consent as required above, we may refuse to accept any further referrals from you and prohibit your further participation in the Program.

Expiration of Referrals:  if for any reason a referred entity or person is not engaged or hired with or by the Company within ninety (90) days of your submission, the referral will be deemed “expired” and no referral fee will be payable.

Compensation for Successful Referrals to the Program will be payable ONLY IF:

• Full time and part time employment candidates:
  • Are employed for at least three (3) months (at least 480 hours for full time persons and at least 240 hours for part time persons) of consecutive employment with the Company
• New client:
  • Engages the Company for a project or undertaking and the project or undertaking results in the Company providing and receiving payment for at least 160 billable hours of services to such client.

Referral Fee; Payment Terms: 

The referral fee will be mailed to you within 60 days after the referred employee or client achieves the applicable milestone described in these Terms.

> $1,000 for new client

> $500 for a new full time employee

> $200 for part time employee (any employee that works for three months of consecutive employment with the Company, but works less than 480 hours during such three month period).

Taxes.  You are solely responsible for payment of all taxes associated with the Referral Fees paid hereunder. Where required by law, you will receive from us an IRS form 1099 in the normal course which shall reflect all payments made to you under the terms of the Program.    

No Employment Relationship.  This Program and these Terms do not create any employment agreement between you and the Company.

Compliance with Laws.  When you refer a potential individual to us, you must provide their personnel information to us only with their consent, and in compliance with applicable federal, state and local privacy laws.  You are solely responsible for your failure to comply with these laws.  If we learn that you have violated any applicable laws in submitting referrals to this Program, we reserve the right to immediately terminate your participation, in which event you will not be entitled to receive any further referral fees hereunder, regardless of whether a referred candidate would otherwise qualify.

Termination and/or Changes to Program. The Company may terminate this Program or change its terms at any time in its sole discretion.  If we terminate or change the Program, we will post a notice on the Company website announcing the change or termination.  You can  also refer to the date below to determine if the Terms have been updated.

• Submitted referrals prior to the implementation date of the change or termination will be honored unless the Program is declared invalid for any reason by law, in which case, no further payments will be made hereunder.

LIMITATION ON LIABILITY.  COMPANY IS NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF REPUTATION OR GOODWILL), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, COMPANY’S AGGREGATE LIABILITY HEREUNDER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND/OR ANY REFERRAL (WHETHER SUCH CLAIM IS IN CONTRACT, TORT OR OTHERWISE) IS LIMITED TO THE AMOUNT OF THE REFERRAL FEE DUE FOR A QUALIFYING REFERRAL.

Waiver.  Failure by Company to insist upon or enforce any rights hereunder shall not constitute a waiver thereof, and nothing shall constitute a waiver of Company’s right to insist upon strict compliance with the provisions hereof.

Governing Law and Jurisdiction; Jury Waiver

All matters relating to the Program and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Program shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES ARISING FROM OR RELATING TO THIS PROGRAM.

Binding Agreement.  When you make submissions to the Program, you are confirm your agreement to be bound by these Terms.  If you do not agree, do not make any further submissions to the Program.

Contact Information:  If you have any questions regarding the Program, please contact the Company at conact@medvacon.com.

Dated August 24, 2023.