Participation in the Program is subject to the terms of this Agreement, which Lucy Talent may update or modify from time to time, including any referenced policies or documents. By continuing to participate in the Program, you agree that you accept any of our updates or modifications to this Agreement. The benefits available as part of the Program are subject to change or termination in Lucy Talent’s sole discretion, as notified on the Lucy Talent Referral and Affiliate website. If you do not agree to changes to the Agreement or the Program, you must stop participating in the Program.
By clicking on the “Submit” button or the “I agree” button, or by participating in the Lucy Talent Referral Program, you indicate your agreement to be bound by this Agreement. Please carefully read this Agreement. If you do not agree to the terms of this Agreement, do not click “Submit” or “I Agree” and do not participate in the Program.
1. Program Benefits. Eligible Members of the Program may receive specified benefits from Lucy Talent when they refer new customers to Lucy Talent.
2. Referral Program. Under the Referral Program, the Member may earn credits towards the Member’s own Lucy Talent Workspace for eligible Signups or Orders. Credits earned as a Referral Program benefit will be paid solely in Lucy Talent Workspace credits.
4. Key Definitions. The following definitions apply to this Agreement:
4.1. “Members” means Program participants who have been confirmed by Lucy Talent. Lucy Talent may determine eligibility for the Program, Membership, Referral or Affiliate status, or any benefits therein, in its sole discretion.
4.2. “Order” means a paid Subscription, including any upgrade, for Lucy Talent Products that is made through Lucy Talent’s billing page of a prepaid monthly or annual Subscription and is referred to Lucy Talent by Member as an Eligible Referral through Member’s Referral Link or Affiliate Link.
4.3. “Credit” means advertising budget using Lucy Talent for recruitment marketing on our software. You or your referees can only use this credit when you use our service.
4.3. “Signup” means a user’s initial registration for any Lucy Talent Products where that user is referred to Lucy Talent by Member as an Eligible Referral through Member’s Referral Link.
4.4. “Disqualified Referral” means a user that (a) is currently or previously was a user of a paid version of the Lucy Talent Products, except that Lucy Talent may offer Referral credits for Referral Upgrades of existing paid users, (b) was previously registered as a lead by another member of the Program or an Lucy Talent reseller, (c) is identified as a lead by Lucy Talent’s sales team in Lucy Talent’s CRM system, (d) Lucy Talent is prohibited by law from doing business with, or (e) Lucy Talent declines to accept as a lead or referral for any reason. A lead or referral may be deemed a Disqualified Referral at any time in Lucy Talent’s sole discretion.
4.5. “Eligible Referral” means a user that is not a Disqualified Referral and meets the following criteria: (a) for Signups and Affiliate commissions, the user must complete their Signup within the Signup Period for the Lucy Talent Products by clicking on your Referral Link or Affiliate Link and then registering on the page to which they are directed, (b) for Referral Upgrade credits or Affiliate commissions, the user completes an Order from the page the user is directed to through your Referral Link or Affiliate Link within the Purchase Period, and (c) payment must be collected while you are a member in good standing under the Program.
4.6. “Signup Period” means 30 days from the time when the user clicks on your Referral Link or Affiliate Link.
4.7. “Purchase Period” means 90 days after Signup.
4.8. “Referral Link” means a link to a unique URL provided to you by Lucy Talent that directs to a page on the Lucy Talent website where a user can complete a Signup or Order that will be identifiable as a referral made by you through the Referral program.
4.9. “Affiliate Link” means a link to a unique URL provided to you by Lucy Talent that directs to a page on the Lucy Talent website where a user can complete a Signup or Order that will be identifiable as a referral made by you through the Affiliate program.
4.10. “Subscription Fee Revenues” means the fees paid to Lucy Talent by the Eligible Referral during the initial 12 months of the Eligible Referral’s subscription to the Lucy Talent Products, excluding (a) costs attributable to sales, use, value-added, excise and other taxes, customs duties and other governmental charges, (b) any origination and transaction-related fees charged by third parties, and (c) returns or credits. Subscription Fee Revenues do not include fees paid for professional, consulting or training services, or any amounts that have not actually been received by Lucy Talent.
4.11. “Referral Upgrade” means an upgrade to a higher tier paid plan by an Eligible Referral.
5. Payments and Taxes.
5.1. All payments for Referral credits or Affiliate commissions will be made in accordance with this Agreement. Lucy Talent will have no obligation to pay you any Referral credits or Affiliate commissions for any Disqualified Referrals, or for any Eligible Referrals that do not result in a Signup or an Order with Subscription Fee Revenues received during the eligible timeframe, as determined solely by Lucy Talent.
5.2. To generate your Referral Link or Affiliate Link and track and receive payment for your Referral credits or Affiliate commissions, you are required to register for an Program account through theLucy Talent website at https://www.lucytalent.com/referral
5.3. Referral credits and Order commissions will be paid only on eligible Signups and Subscription Fee Revenues received by Lucy Talent. Referral credits will be paid as one-time credits for eligible Signups or Referral Upgrades. Affiliate commissions will be paid as a percentage of Subscription Fee Revenues. The current Referral credits and Affiliate commissions are listed on Lucy Talent’s website at https://www.lucytalent.com/referral Lucy Talent may alter or discontinue these in its sole discretion and without notice.
5.4. Referral credits and Order commissions will be made available for withdrawal as follows:
5.4.1. For Signups, your Referral credit will be available forty-five (45) days after the final day of the month in which the user completed the Signup.
5.4.2. For Orders, your Referral credit or Affiliate commission will be available forty-five (45) days after the final day of the month in which Lucy Talent receives payment on the applicable Order, provided the withdrawal exceeds the minimum.
5.4.3 For advertising credit, you must spend at least $20 to redeem 20.
5.4.3. Affiliate commissions on Orders will have a minimum withdrawal of $50.
5.5. Lucy Talent may deduct any amount owed by you to Lucy Talent, including any Referral credits or Affiliate commissions Lucy Talent paid you on previous Orders for Subscriptions on which Lucy Talent issued the user a refund, or for unpaid balances on your own Lucy Talent Subscription or account.
5.6. Referral credits will be paid to you exclusively as Lucy Talent Workspace credits. In order to receive and use these, you must maintain a Lucy Talent Workspace. Referral credits have no cash value, may not be redeemed for cash, and will expire upon the termination of the Member’s Lucy Talent user account. Workspace, or Member’s participation or eligibility in the Program. Any listing of a cash equivalent in relation to Referral credits by Lucy Talent is intended solely as an illustration of how Lucy Talent would ordinarily price those credits for sale.
5.7. Currently, in order to receive Affiliate commission payments, you must have a bank account that can accept US currency from an international wire transfer. If this is unavailable to you, you are ineligible to receive Affiliate commissions under the Program.
5.8. You shall be responsible for all transfer fee, taxes, duties, VAT charges and similar taxes and fees which are levied or imposed by reason of Referral Fees paid to you pursuant to this agreement, including but not limited to taxes on your income.
6. Termination. This Agreement will continue in effect unless and until terminated by you or Lucy Talent, subject to Lucy Talent’s right to modify as described above. Either party may terminate this Agreement immediately upon notice for any reason or no reason. Termination of the Agreement or the Program will automatically terminate this Agreement. The termination or expiration of this Agreement will not relieve either party of its outstanding payment obligations at the time of such termination or expiration.
7. Additional Warranties. In addition to your obligations set forth in the Agreement, you represent and warrant as follows:
7.1. You will not quote or negotiate prices to any user or prospective user;
7.2. No portion of any Referral credits or Affiliate commissions paid or payable to you by Lucy Talent hereunder will be paid to, or accrued directly or indirectly for the benefit of, any person, firm, corporation or other entity, other than you;
7.3. You have not, and will not at any time, directly or indirectly, pay, offer, give or promise to pay or give, or authorize the payment of, any monies or any other thing of value to: (a) any officer or employee of any government, or any department, agency or instrumentality thereof; (b) any other person acting in an official capacity for or on behalf of any government, or any department, agency or instrumentality thereof; (c) any political party or any official or employee thereof; (d) any candidate for political office; (e) any other person, firm, corporation or other entity at the suggestion, request or direction of, or for the benefit of, any government officer or employee, political party or official or employee thereof, or candidate for political office; or (f) any other person, firm, corporation or other entity with knowledge that some or all of such monies or other thing of value will be paid over to any officer or employee of any government department, agency or instrumentality, political party or officer or employee thereof, or candidate for political office. It is the intent of the parties that no payments or transfers of anything of value shall be made which have the purpose or effect of public, commercial or other bribery, acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business or any improper advantage; and
7.4. You must disclose to your sales leads that you receive compensation from Lucy Talent for purchases made through your Referral Link or Affiliate Link.
8. Disclosing Your Connection With Lucy Talent. If you post about Lucy Talent’s services on social media or refer prospective customers to Lucy Talent through the Program, you must disclose clearly and conspicuously that you have a material connection to Lucy Talent in that you may receive benefits for Eligible Referrals. Your disclosure must be presented in a way that prospective customers can easily find it, easily understand it, and so that it contains sufficient information for prospective customers to judge the credibility of your statements regarding Lucy Talent. For example, your disclosure should be placed conspicuously near any Referral Link that you present to prospective customers. Your disclosure also must be consistent with the Federal Trade Commission (“FTC”) Guides Concerning Use of Endorsement and Testimonials in Advertising, as updated on the FTC website. Below is a sample disclosure message:
I participate in the Lucy Talent Affiliate and Referral Program. By referring you as a prospective customer to Lucy Talent, I may be eligible to receive compensation from Lucy Talent.
9. No Exclusivity. This Agreement is non-exclusive. Lucy Talent has the right to solicit prospective customers directly and to appoint any number of additional referrers, affiliates, representatives, or agents to provide leads to Lucy Talent. Subject to compliance with obligations regarding confidentiality and intellectual property rights, nothing in this Agreement will prevent either party, alone or with others, from developing or distributing any software, service, or technology offering that is similar to, or otherwise competing with, products or services of the other party.
10. Additional Disclaimers. In addition to the disclaimers in the Agreement, you hereby acknowledge and agree that your right to receive Referral credits or Affiliate commissions is limited and dependent on many factors, including the qualifications and activities of the entities that click on your Referral Link or Affiliate Link, the functionality of the Referral Link or Affiliate Link, and your strict compliance with the terms of this Agreement and Agreement. Lucy Talent shall not be liable for the payment of Referral credits or Affiliate commissions due to the inoperability of or other technical issues related to the Referral Link or Affiliate Link. Lucy Talent makes no representations or warranties in connection with any aspect of the Program.
11. Marketing Guidelines.
Other than sharing your Referral Link or Affiliate Link, you may not use or set up any website or social media site, or bid on or otherwise use any search engine keywords, that use any Lucy Talent branded search terms, trademarked terms, or branded URLs,including derivatives or misspellings of these. You may not engage in brand bidding on Lucy Talent’s terms or on a competitor’s branded terms to direct traffic to Lucy Talent branded sites. This includes any and all combinations, variations, misspellings or misspelling variations. You must adhere to Lucy Talent’s brand guidelines, available at https://www.lucytalent.com/referral, and may not use keywords or copy containing terms that might reflect negatively on Lucy Talent’s brand. You may not buy, create, or publish paid advertisements for Lucy Talent, other than the contents of your Affiliate Link, without Lucy Talent’s approval. You may not resell or rebroker any Lucy Talent offer, or otherwise offer for sale the contents of your Affiliate Link or Referral Link, without Lucy Talent’s approval. You may not post Referral or Affiliate Links on coupon websites or media; websites or media that contain adult, obscene, hateful, defamatory, or illegal content; or websites or media that would reflect negatively on Lucy Talent’s brand. Lucy Talent may withhold or refuse to pay Referral credits or Affiliate commissions, even if otherwise earned, if you violate this policy.
12. You may not use the Program as a means to self-refer, including for any entity you own, are employed at, contract with, or control, to receive credits or commissions unless agreed with Lucy Talent. Members of the Program in breach of these terms may be removed from the Program and credits/commissions rejected.
13. The following countries are banned from all paid advertising campaigns.
Cuba
Iran
North Korea
Syria
Crimea Region of Ukraine
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