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Referral Terms and Conditions

JobBOSS Referral Program™

Terms and Conditions

JobBOSS is pleased that you are choosing to participate in the JobBOSS Referral Program™ (the “Program”). This Program is available to residents of the United States who are not employees of JobBOSS or any affiliates of JobBOSS (“Participants”), and may be otherwise limited or prohibited by applicable laws in your jurisdiction. Your participation in this Program is strictly subject to these JobBOSS Referral Program™ Terms and Conditions (“Program Terms”). JobBOSS reserves the right to modify the Program Terms at any time.

PROGRAM SUMMARY

Participants may refer new customer prospects to JobBOSS (“Prospects”) by submitting to JobBOSS a completed Referral Form. In the event the Prospect meets the criteria of a “Qualified Referral” (as defined below), Participant shall be entitled to the “Referral Reward” (as defined below).

QUALIFIED REFERRAL

In order to be considered a “Qualified Referral” a Prospect must: 1) license a minimum of one (1) user license for the JobBOSS® product; 2) license the required number of users within six (6) months of being referred to JobBOSS by the Participant; and 3) not have been a previous or existing customer of JobBOSS; 4) not currently be in an active sales process with JobBOSS; and 5) not have been previously referred by another participant under this Program or under any other referral program.

The Participant agrees that JobBOSS, at its sole discretion, shall determine whether a Prospect meets the requirements of a Qualified Referral. JobBOSS reserves the right to modify the requirements for a Qualified Referral at any time but will continue to honor the terms effective at the time the Prospect was referred to JobBOSS, except in the event that JobBOSS terminates the Program.

REFERRAL REWARD

For each Qualified Referral received by JobBOSS from Participant, the Participant shall receive $1,000.00 USD (“Referral Reward”). There is no maximum number of Referral Rewards which may be earned by each Participant. Participant will generally be notified within such sixty (60) days of the Prospect meeting the requirements of a Qualified Referral (i.e., after the Qualified Referral has purchased the required licenses). JobBOSS reserves the right to modify or change the Referral Reward at any time.

In the event that Participant becomes eligible to receive a Referral Reward, participant agrees that JobBOSS may require, and Participant shall provide, a current and accurate W9 before JobBOSS can make payment to Participant. Participant understands that Referral Rewards may be taxable. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. When required, JobBOSS will provide and report any applicable IRS tax statements.

CONFIDENTIALITY

As a Participant in the Program, you may receive confidential and proprietary information relating to JobBOSS, the Program, or Prospects/Qualified Referrals, which may include customer information. Participant agrees to take such reasonable precautions as it does with its own confidential information, to prevent any disclosure or unauthorized use of the confidential and proprietary Information, except to the extent it may be required for Participants performance under the Program. This section shall survive termination of the Program.

TERMINATION

JobBOSS may terminate the Program, without notice to Participants, at any time and for any reason. Prospects referred to JobBOSS under the Program that become Qualified Referrals after the termination of the Program will still entitle Participant to a Referral Reward, provided those Qualified Referrals meet all the requirements in effect at the time Participant referred them to JobBOSS under the Program.

GENERAL TERMS

Participation in the Program shall not constitute, for either party, the legal representation or agency of the other, nor shall either party have the right or authority to assume, create, or incur any liability or any obligation of any kind, expressed or implied, against, or in the name of, or on behalf of the other party. These Program Terms shall not create any rights in any Participant, including any intellectual property rights in materials, names, or logos. By participating in the Program, Participant agrees to and will indemnify and hold JobBOSS harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by JobBOSS arising out of or related to the Program. The laws of the State of Ohio shall govern with respect to the Program Terms and any questions that may arise under the Program. Any disputes under these Program Terms may be brought in the state courts and the Federal courts located in Franklin County, Ohio, and the parties hereby consent to the personal jurisdiction and venue of these courts. IN NO EVENT SHALL JOBBOSS, ITS PARENT OR ANY OF ITS AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF JOBBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You may not assign the right to participate in the Program to any other party. JobBOSS may assign these Program Terms or assign or delegate any of its rights or responsibilities hereunder to independent contractors or other third parties. Participant agrees that JobBOSS shall not be liable for any violation by Participant of any restrictions placed upon Participant regarding the providing of Prospects to JobBOSS or the receipt of a Referral Reward by Prospect.