Referral Program Terms and Conditions
Contra.Work Inc. provides various services to third parties via its Platform. For a full description of our Terms of Service, please see our page here. This page provides additional Terms and Conditions relating to Contra’s Client Referral Program (the “Program”). On this page, “You,” and “Referrer” collectively refer to Users who participate in the Program. We would like to offer You the ability to participate in the Program.
These Terms and Conditions, along with Contra’s standard Terms referenced above form the complete agreement between Contra and You with respect to Your participation in the Program. By creating a unique Company Referral Link, You are confirming that You have read these Terms and agree to be bound by them as well as Contra’s Terms of Service and Privacy Policy.
We reserve the right to update or modify these Terms at any time, in Our sole discretion. If We make changes to these Terms, We will update them here and notify You via electronic means, which may include email. It is important that You review the Terms whenever modified, because Your continued participation in the Program after such notification is Your affirmation that You agree to be bound by the modified Terms.
By participating in this program, you agree to these Terms and Conditions:
Definitions:
Company means a Client that has signed up to the Contra Platform and claimed an organization.
Referral Link means the Referrer’s unique referral link generated under the program.
Contra Platform means Contra’s cloud-based flexible workforce management platform available at www.contra.com.
Privacy Policy means Contra’s privacy policy available at https://contra.com/policies/privacy.
Referred Company means a person or corporation that visits the Contra Platform and signs up via your Referral Link.
Qualified Referral means a Referred Company which meets the following conditions:
i. has not previously hired an Independent through the Contra Platform in the preceding 12 months from the date they clicked the Company Referral Link, or otherwise exists in Contra’s sales database;
ii. is not the Referrer or closely associated with the Referrer or an existing Contra Client User (as determined by Contra in its sole and exclusive discretion);
Note Contra may disqualify any Referred Company in good faith, if Contra determines that a Referred Company is engaged in suspicious activities or activities which do not align with Contra’s values, or for any other reason as determined by Contra.
Paid Project means a Project in which the Client contracts, hires, and pays an Independent over the Contra Platform.
Qualified Paid Project means a Paid Project with a project fee of $500 or greater.
Referral Payments:
Contra will pay the Referrer a cash bonus (Referral Payment) for each Qualified Referral that completes a Qualified Paid Project, according to the rewards schedule laid out in the FAQs on this page. Referral Payments will be made no later than 60 days after the date when the Referred Company completes a Qualified Paid Project. No Referral Payments will be made for Referred Companies which Contra has disqualified as Qualified Referrals. Notwithstanding the foregoing, no Referral Payments will be made to Referrers if they are in breach of any of these Terms or Contra’s general Terms of Service, or if complaints are made regarding the Referrer’s conduct in relation to spam or other inappropriate or suspicious activities.
Contra’s Sole Discretion:
Contra has sole and complete discretion as to whom it will do business with and on what terms, including whether to accept a Referred Company as a User or whether to terminate a Referred Company.
Link Placement and Acceptable Use:
Upon Contra’s request, Referrer will identify to Contra each place where Referrer has used its Client Referral Link, including links, screenshots, and email sends. With each link, email or marketing advertisement that Referrer displays on behalf of Contra, Referrer expressly agrees to abide by Contra’s Terms of Service which are in effect at that date and time. Referrer will not send, post, transmit or otherwise place its Client Referral Link, or any Contra content, including Contra’s name in connection with any materials, on sites or otherwise that (i) will generate or facilitate unsolicited bulk emails; (ii) will violate, or otherwise encourage the violation of the legal rights of others under the laws of any jurisdiction; (iii) is for an unlawful, invasive, infringing, defamatory, or fraudulent purpose; (iv) contains obscene or pornographic content; and/or (v) harasses or has a tendency to harass persons.
Compliance with Laws:
Referrer agrees that it will comply with all applicable laws, ordinances, rules, regulations, orders, licensing and registration requirements, or other requirements of any governmental authority with jurisdiction over Referrer and the Program, including all federal, state, or other applicable laws governing: (i) marketing and affiliate marketing email, communications, and services, such as the CAN-SPAM Act of 2003 and other anti-spam laws; (ii) data privacy and security, such as the General Data Protection Regulation EU 2016/679 (“GDPR”) and other data protection laws; and (iii) anti-bribery and anti-corruption laws, such as the US Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act (the “UK Act”), the Singapore Prevention of Corruption Act (“PCA”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”), and all other applicable anti-corruption and anti-bribery laws.
Term and Termination:
These Terms will take effect with respect to Referrer’s participation in the Program upon the date on which Referrer creates a Company Referral Link. These Terms will remain in force with respect to Referrer from month to month. Contra may at any time, on notice, terminate Referrer’s participation in the Program, for any reason or no reason. Contra may at any time and in its sole and exclusive discretion, terminate the entire Program, or modify or update the terms of the Program or these Terms (and in doing so will make any modified or updated terms available in writing). Upon termination of Referrer’s participation in the Program under these Terms (or termination of the Program in its entirety), Referrer will immediately cease using, and will remove from its site, all links to Contra’s site(s), Contra Marks, and any references to the Program.
Payment After Termination:
Subject to and in accordance with applicable law, upon termination of Referrer’s participation in the Program, no further payments will be paid to Referrer, except for fees related to then-existing Qualified Referrals and fees related to Referred Companies who may become Qualified Referrals after the date the Referrer’s participation in the Program ends. Any complaints received due to spam activities may result in the forfeit of commissions accrued by Referrer and Referrer’s removal from the Program.
Confidentiality:
The Referrer may not disclose these Terms to any third party (except as required for the Company Referral Link), except to its professional advisers under a strict duty of confidentiality or as required to comply with applicable laws.
Warranty:
Referrer and Contra each represents and warrants to the other that: (i) each has the full corporate right, power, and authority to agree to these Terms, to grant the subscriptions granted, and to perform the acts required of it hereunder; (ii) the agreement to these Terms by each party, and the performance by such party of its obligations and duties hereunder, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound; (iii) when Referrer indicates its acceptance of these Terms electronically in the manner required by Contra, these Terms will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms; and (iv) it will comply with all laws, rules, and regulations in the conduct of its business. Each party acknowledges that the other party makes no representations, warranties, or agreements which are not expressly provided for in these Terms.
Indemnity:
Each party will indemnify, hold harmless, and defend the other party (and its affiliates, directors, officers, employees, and agents) from and against (i) any and all third-party claims related to or arising out of the indemnifying party’s performance under these Terms, and (ii) any and all other claims for damages, injuries, attorneys’ fees, and other expenses caused by the indemnifying party’s gross negligence or willful misconduct. The indemnity includes, but is not limited to, breach of confidentiality obligations, infringement of intellectual property rights, and violations of applicable law or regulation. The indemnifying party is not required to indemnify, however, to the extent the indemnity claim arises from any fault of the indemnified party or of a third party under the control of the indemnified party.
Disclaimer:
Except as otherwise expressly stated herein, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
Limitation of Liability:
Neither party will be liable to the other for special, indirect, incidental, punitive, or exemplary losses, damages, or expenses including, but not limited to, claims for lost business profits or revenue, loss, interruption or unavailability of data, interruption of business operations, or the cost of the procurement of substitute goods or services. Notwithstanding anything stated in these Terms, in no event will either party’s aggregate liability under these Terms exceed the total fees paid by Contra to Referrer hereunder. This limitation of liability will not apply where, under the applicable law, statutory damages exceed the limitation of liability. In that instance, the indemnifying party will indemnify the indemnified party for any and all losses exceeding this limitation of liability section.
Notices:
All notices pursuant to these Terms must be in writing and may be provided electronically. Notice may be provided to Contra at: 2261 Market Street #4650, San Francisco, California 94114, with a copy to referrals@contra.com. Notice to Referrer will be provided to Referrer electronically at the email address provided to Contra as part of Referrer’s Program participation application.
Dispute Resolution:
You and Contra agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform and Referral Program (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Contra agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Contra are each waiving the right to a trial by jury or to participate in a class action. For more on our Dispute policy, please see our general Terms of Service.
Governing Law:
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes (defined below) that you and Contra are not required by applicable law to arbitrate will be the state and federal courts located in the San Francisco County, and you and Contra each waive any objection to jurisdiction and venue in such courts. If any part of these Terms is found to be invalid or unenforceable, the remainder of these Terms will remain in full force and effect as if the unenforceable part did not exist.
Limitations:
This is a limited-time offer.
Admins of multiple accounts and/or entities may not refer themselves.
In a scenario where a single party is referred by multiple customers, the offer will only be applicable to the first customer who made the referral. Subsequent referrals to the same party by other customers will not be eligible for the offer.
Offer may not be combined with other offers.
Offer is non-transferable and may not be resold.
If you violate any of the offer terms, the offer will be invalid.
Modification or Cancellation:
Contra reserves the right to modify or cancel the offer at any time.
Miscellaneous:
Nothing in these Terms is intended to, or will be deemed to, establish any partnership or joint venture between the parties, make either party the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of the other party. These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assignments, and is not intended to benefit, or be enforceable by or against, anyone else. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between them, whether written or oral, relating to its subject matter.
