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EarnHCM Referral Terms & Conditions

EarnRewards a “EarnHCM, Inc.” Referral Program 
Last modified: June 1, 2025
 
These Terms and Conditions (these “Terms”) are an agreement between EarnHCM, Inc., a California company (“EarnHCM”) and You and apply to the EarnHCM Referral Program aka EarnRewards (the “Program”). By enrolling in the Program, You agree to be bound by the Terms, including any modifications as they relate to the Program. If You do not agree to the Terms do not enroll in or use the Program. “You” and “Your” means You, Your company, and Your employees whom You have enrolled as “Users” of the Program, all of whom agree to be bound by the Terms and any other applicable Program terms and guidelines.
 

  1. Program. The Program consists of the ability to make referrals to EarnHCM through the Program referral portal in exchange for Awards (as defined below). EarnHCM receives a referral application with Your name, email and pertinent contact information, once EarnHCM approves your referral account a unique referral code and form will be generated for your exclusive use. EarnHCM will not use this information other than to provide the services outlined below. You must be enrolled and active in the Program in order to receive Awards. ‍

  2. Eligibility. You must be an EarnHCM active referral partner who has joined the Program as set forth below to be eligible for the Program. 

  3. Enrollment. To enroll and/or be active in the Program, You must sign up as a EarnRewards referral partner on www.earnhcm.com/referral and be approved as an active referral account user (“Account”). 

  4. Program Term.  These Terms shall apply for so long as You are enrolled in the Program. If You leave the EarnRewards program, You will no longer have access to the existing Program, however, Your pending referrals will continue to be paid out.

  5. Qualified Referral. You will be able to submit referrals in the Program in exchange for Awards as defined below. Only Qualified Referrals may earn You Awards. For purposes of these Terms, a “Qualified Referral” meets the following criteria.
     

a. The referral is submitted through the Program using Program tools in the Program referral portal either by (i) utilizing a unique URL from the Program referral portal on social media, email or other digital means, Your prospective customer (each, a “Prospect”) will access Your referral link and complete enrollment to become an active customer; or (ii) working with Your EarnHCM sales representative, a referral may be manually added to the Program, as long as the referral is received and processed before the Prospect runs their first payroll. You are responsible for notifying EarnHCM if the referral is not showing on the Program website within thirty (30) days of providing a verbal referral to the sales representative. All required fields must be completed on the referral form.
 
b. Your referral enters (i) into a service agreement with EarnHCM, (ii) completes the enrollment process and processes at least one payroll with EarnHCM within one hundred eighty (180) days of the date when the original referral was made, and (iii) and remains an active customer for thirty (30) days following the date when payroll is first processed.
 
c. Your referral cannot be (i) a current EarnHCM customer; (ii) a prospective EarnHCM customer during the period one hundred twenty (120) days immediately prior to the referral; (iii) a prior customer of EarnHCM that received EarnHCM payroll services within the thirty (30) days prior to the referral; or (iv) an affiliate of the referring customer. An affiliate of a customer is an entity owning, owned by, or under common ownership with such referring customer. ‍
 
6. Awards. Each Qualified Referral will earn You rewards as defined below and/or, if you are an active EarnHCM payroll customer in good standing, Payroll Credit as defined below (collectively, “Awards”). EarnHCM may require You to complete a current Form W-9 prior to its distribution of any Awards. ‍
 
For each Qualified Payroll Referral that a Program Participant refers to EarnHCM during the Promotion Period, EarnHCM will pay the Program Participant a revenue share based on the referred client's Annual Contract Value (ACV). This revenue share is structured as follows:
 

  1. Initial revenue share: You'll receive 25% of the client's Annual Contract Value (ACV) upfront, paid after the client's first successful invoice is processed.

  2. ​Mid-Term Bonus: An additional 25% of the client's ACV will be paid to you after the client maintains active status for six (6) months.

  3. Lifetime Recurring Commission: As a further incentive, you will also earn a 10% recurring commission on the client's ACV for the entire duration of their active Lifetime Account Status (LAS) with EarnHCM.

  4. Service Credit: For current clients of EarnHCM, you’ll receive the option to apply your referral rewards to your service subscription.

 
7. Marketing Activities and Trademark Usage Guidelines. You can promote EarnHCM to Your Prospects as follows: ‍
 

  1. Marketing Assets. EarnHCM will provide You with Marketing Assets on the Program referral portal to use to market and promote EarnHCM services to Your Prospects. Marketing Assets may include, but not limited to: A personalized shareable URL, a precomposed email for You to email to Your Prospects, and precomposed social media posts. Each Marketing Asset will contain a hyperlink for a Prospect to use. The hyperlink directs Prospects to a landing page where the Prospect can complete a form to be contacted by EarnHCM regarding payroll service. Any materials You plan to use relating to the Program, the Terms or which identify EarnHCM or the services which have not been supplied by EarnHCM, must be reviewed and approved in writing by EarnHCM before being used. You shall be solely responsible for the cost of Your marketing and promotional activities related to the Program. ‍

  2. Use of #Sponsored and Disclosure of Incentive. Each social media post must include #sponsored in accordance with Federal Trade Commission guidelines and to openly disclose You are receiving an incentive. If You fail to include required disclosures EarnHCM may disqualify You from the Program and forfeit any Awards. ‍

  3. Modification of Marketing Assets. You may not modify any Marketing Assets in whole or part, without EarnHCM prior written permission. You may re-format Marketing Assets, without any modification or alteration of the substantive content provided that all EarnHCM copyright and other intellectual property rights are acknowledged. ‍

  4. Use of Your Name or Trademark. EarnHCM agrees that it will not, without Your prior written consent, use Your name or trademark, or represent, directly or indirectly that You have approved or endorsed any product, or any Services provided by EarnHCM. ‍

    8. Ownership/License. The Program, and related software and systems, is the licensed and/or owned property, and embodies the proprietary trade secret technology, of EarnHCM and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws. EarnHCM grants You a non-exclusive, non-transferable license to use the Program to access Your account. EarnHCM may terminate or suspend Your access to the Program (in whole or in part) at any time, with or without notice, if EarnHCM has reason to believe that You have violated these Terms or are otherwise using the Program in an inappropriate manner. The right to use the Program and access the services provided by the Program is granted only to enrollees of the Program for the sole purpose of utilizing the Program and this limited license terminates when You or EarnHCM terminates the Program and/or these Terms. ‍

    9. Indemnity Obligations. You agree to indemnify, defend and hold harmless EarnHCM from and against all claims, damages, costs and expenses (including reasonable attorneys' fees) and pay the amount of any adverse final judgment (or settlement) arising out of or related to any use by You of the EarnHCM Marks or Program.

    10. Confidentiality. You and EarnHCM will treat all information provided to it by the other as confidential with the same degree of care and confidentially that it provides for its own confidential information; provided that any information provided by a referral to EarnHCM shall not be covered by this Agreement even if identical information was provided to EarnHCM by You. ‍

    11. Use of Program/Compliance with Laws. You will use the Program as described in these Terms and any Terms on the Program website. You may not use the Program for any other purpose or interfere with or disrupt Program servers, databases or any network connected to them, or use the Program to violate any law, statute or regulation; or conduct any other illegal activity, or to harvest or otherwise collect information submitted by third parties, including email addresses, without the express consent of such third parties. EarnHCM does not guarantee against any loss or alteration to Your data. You confirm that all information provided by You is accurate and complete and EarnHCM shall have no liability for any errors or inaccuracies in the Program based upon information provided by You or the person accepting these Terms on Your behalf. You will be responsible for Your compliance with all laws and governmental regulations affecting Your business and for any use You may make of the Program. You agree to pay any applicable taxes levied or based on any payments or redemption of Awards You receive and to comply with any professional rules regarding use of the Program or Awards awarded thereunder. You understand that if You are an individual You are not eligible to enroll in the Program which is available solely for U.S. companies and sole proprietors.

    12. ‍Account Security. You are solely responsible for (i) designating all users who are authorized to have access to the Account (“User(s)”); (ii) setting and enforcing Your internal policies related to use of Account by any User; (iii) safeguarding all passwords, usernames, logins or other security features used to access the Account (“Account Access”); (iv) use of the Account under any usernames, logins or passwords; (v) ensuring that use of the Account complies fully with the provisions of the Terms; and (vi) any unauthorized access, or use, of the Account caused by Users' actions or inactions, including, without limitation, its failure to safeguard Account or Account Access. You agree to immediately notify EarnHCM of any actual or suspected unauthorized use of Your Account and acknowledge that You are solely responsible for damages resulting from any unauthorized use or Your failure to timely notify EarnHCM. EarnHCM reserves the right to limit, suspend, or terminate Your and/or a User’s access to the Account should EarnHCM have reason to believe that the security or confidentiality of the Account or Account Access has been compromised. ‍

    13. Disclaimer of Warranties/Limitations of Liability. EARNHCM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE EARNHCM MARKS OR THE PROGRAM, FOR ANY PURPOSE. EARNHCM WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF OR OTHERWISE RELATED TO YOUR USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF MARKETING MATERIALS. EARNHCM WILL NOT BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES INCLUDING LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF INFORMATION THAT YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH THESE TERMS, YOUR USE OF THE EarnHCM MARKS OR THE PROGRAM, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    1‍4. General. Except as otherwise expressly set forth herein, the Terms supersede any prior agreements on the same subject matter and will govern Your participation in the Program. You agree that the Terms may be modified by EarnHCM from time to time at any time by updating the Terms on the Program website and You are responsible for any updates posted on the Program website or sent to You by EarnHCM. The failure by You or EarnHCM at any time to enforce any right or remedy available to it under these terms of use with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. The Terms are governed by the laws of the State of New York without giving effect to its conflict of law provisions. You and EarnHCM agree that each is acting independently of the other, that You are not joint venturers, and that neither is an agent of the other. All notices, made under or in connection with these terms of use, shall be in writing and shall be deemed to have been given three (3) days after mailed in any general or branch United States post office, enclosed in a registered or certified post-paid envelope, if to EarnHCM addressed to: EarnHCM, Attention: Manager, EarnHCM Referral Program, 1220 S Central Ave, Glendale, CA 91204.  The Terms shall not be assigned by You without EarnHCM’s prior written consent, and any attempted assignment without such consent shall be void. Nothing contained in the Terms is intended to create third-party beneficiaries of or under the Terms. ‍

    15. These Terms. You should print a copy of the Terms for Your records. To request a hard copy of the Terms, please ask Your EarnHCM sales representative or mail Your request to EarnHCM, Inc., Attention: Manager, EarnHCM Referral Program, 1220 S Central Ave, Glendale, CA 91204, to request a hard copy.

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