To be eligible for the Program, a Participant must:
1. Provide all the required details for a Qualified Referral in the Referral Form
2. Be an individual over 18 years old and a resident of the United States
3. Not be a member of the Emplicity sales team, including any such person’s immediate family or household member, as they are not eligible to participate
4. Not be a broker, general agent, or similar type representative of Emplicity already in a business relationship with Emplicity providing a similar referral service.
5. Not be an individual whereby any applicable law or regulation would prohibit participation in the Program. Emplicity reserves the right to disqualify any Participant that it determines, in its sole discretion, is ineligible to participate or Emplicity deems otherwise not appropriate to participate.

DEFINITION OF A QUALIFIED REFERRAL

A Qualified Referral must meet the following criteria:
1. The information submitted on the Referral Form must be accurate.
2. The referral cannot be an Active Lead, an Existing Emplicity Client, a Spin-off Client, or a former Emplicity client whose contractual relationship was terminated within the past year.
An Active Lead is defined as either a company or individual contacted by Emplicity within the preceding 90 calendar days.
An Existing Emplicity client is defined as any company or organization that currently receives services from Emplicity.
A Spin-off is defined as an entity that has a legal and/or financial connection (i.e. common ownership, subsidiary, etc.) with an Existing Emplicity Client.
3. Participants must have a personal relationship with the referral. In other words, Participants may not acquire referrals through unsolicited email to persons unknown to them. They may not submit referrals based on email lists or other similar harvested consumer lists.
4. The referral must be located within California, and only Work Site Employees (WSEs) located within California will be eligible for the reward.
5. The referral cannot be working with a broker, general agent, or similar type of representative.
6. The referral must have given the Participant express written consent to provide their details to Emplicity and allow for Emplicity to contact them.
7. Emplicity employees may not specify a preferred sales team member for their referrals.

REWARDS FOR QUALIFIED REFERRALS

If a Qualified Referral acquires professional employer services from Emplicity by signing a PEO Client Service Agreement within 180 days of the referral and remains a Emplicity Client for 90 days after the date of their first payroll.
A Reward will be paid to the Participant based upon a corresponding sliding scale of the Client’s number of qualifying Work Site Employees (“WSEs”) paid on the first payroll with Emplicity as outlined in the Referral Reward Table below.
The Reward will be issued in the form of a check made out in the name of the individual designated as the Qualified Referral and provided within the Referral Form. Participants that are current Emplicity client owners can opt to receive a payroll credit.

REFERRAL REWARD TABLE

Number of Qualifying WSEs / Reward Amount:

10 – 50 / $2,000
51 – 100 / $4,000
101 – 250 / $6,500
251+ / $10,000
 
EXCLUSIONS

Emplicity reserves the right to independently determine the criteria and other factors around any client engagement, including and not limited to whether or not it will accept a referral as a client. HRBP, Benefits, or Payroll Specialists who receive and/or input a referral on behalf of any current Emplicity clients are not eligible to receive a Reward. Emplicity reserves the right to disqualify any participant that the company deems ineligible for the program at its sole discretion. Emplicity is not responsible for lost, misdirected, or delayed referrals.

PROGRAM CANCELLATION AND TERMINATION

To the extent permitted by applicable law, Emplicity may at any time, without prior notice, terminate or modify the Program or Terms, or both. Emplicity will resolve all questions or disputes regarding eligibility for the Program, eligibility for or award of Rewards or both; and interpretation of these Terms in its sole discretion. Emplicity reserves the right to void Rewards earned if it suspects that such Rewards were earned fraudulently, in a manner that violates applicable law or these Terms or in a way otherwise not intended by Emplicity.

TAXES

Rewards under the Program are subject to applicable federal, state, and/or local taxes. Upon Emplicity’s determination that the Participant may receive Rewards, Emplicity will contact the Participant to request a completed IRS Form W-9. If the Participant does not respond to a request from Emplicity to complete a Form W-9 within 30 days of such request, Emplicity reserves the right to rescind Participants’ Reward. Emplicity will report earnings under this Program to the extent required by applicable law. Rewards earned through this Program may be subject to taxation and reflected on Form W-2 for Emplicity corporate employees and on IRS Form 1099 for all other Participants.

COMMUNICATIONS
By submitting the Referral Form, Participant consents to receive electronic communications from Emplicity, including advertising and marketing materials.

GOVERNING LAW

Without regard to its conflict of law provisions, the laws of the State of California will govern the Program and its Terms. Any causes of action arising out of or connected with Participant’s use of the Program or its Terms may be resolved within an applicable Court of Law.

LIABILITY LIMITATIONS

In no event shall Emplicity be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with (i) the Program; (ii) the use of or inability to use the site or any materials, or (iii) any claim attributable to errors, omissions, or other inaccuracies in the site or any materials.