External Referral Program Terms and Conditions

FORWARD FINANCING LLC EXTERNAL REFERRAL PROGRAM

TERMS AND CONDITIONS

Effective Date: June 1, 2021

In order to be considered eligible to receive a payment (“Referral Payment”) pursuant to Forward Financing LLC’s and its affiliates’ (collectively, “Forward Financing”) External Referral Program (“Program”), you must comply with the terms and conditions set forth below.  For purposes of these terms and conditions, the terms “you” and “your” refer to the individual who potentially could receive the Referral Payment if eligible under these terms and conditions.

I. Individuals Eligible to Participate in the Program

In order to be considered eligible to participate in this Program, you must be an individual person (not a business entity) who: (a) is at least 18 years of age; (b) is a legal resident of the United States; and (c) otherwise meets the qualifications set forth herein.

II. Individuals Ineligible to Participate in the Program

The following individuals/entities are ineligible to participate in the Program:

  • Current employees or contractors of Forward Financing and their immediate family members.  For purposes of this Program, “immediate family member” means an individual’s parent, child, spouse, sibling, or person who resides with the individual.
  • Employees of staffing or recruiting agencies or any other entity that Forward Financing would be required to pay for a referral absent this Program.
  • Individuals who are prohibited from referring a candidate to Forward Financing pursuant to a non-competition or non-solicitation agreement or other similar restrictive covenant agreement, or whose referral of a candidate could expose Forward Financing to liability (based solely on Forward Financing’s determination).
  • Employees of the federal government or any state or local government.

III. Candidates Ineligible for Program Consideration

A Referral Payment cannot be earned for referring any of the following:

  • Candidates who have already applied to Forward Financing or are already recorded in Forward Financing’s recruitment database.
  • Candidates who have worked as an employee, contractor, temporary worker, consultant, vendor, or subcontractor for Forward Financing within the past twelve (12) months from the date of your referral.
  • Candidates who have restrictive covenants, such as non-competition or non-solicitation agreements, or any other agreement that, at Forward Financing’s sole discretion, could expose Forward Financing to liability.
  • Candidates who have already been referred to Forward Financing by an internal or external source prior to your referral.  In the event that more than one person refers the same eligible candidate under this Program, only the person who submitted the candidate to Forward Financing first will be eligible to receive the Referral Payment (if they otherwise qualify in accordance with these terms and conditions).
  • Self-referrals.
  • Candidates who are former Forward Financing employees or contractors.
  • Immediate family members of a current Forward Financing employee or contractor.

IV. Referral Payment Terms

This program offers a one-time Referral Payment to eligible individuals in the amount of two thousand five hundred dollars ($2,500) in the event they refer an eligible candidate to Forward Financing and: (1) Forward Financing hires the referred candidate; and (2) the hired candidate remains employed by Forward Financing for ninety (90) consecutive calendar days following their employment start date.

Additionally, in order to qualify for a Referral Payment, the following requirements must be met:

  • You must return a completed IRS Form W-9 as required by Forward Financing;
  • The candidate that you referred must acknowledge that you referred him or her prior to such candidate’s acceptance of an offer of employment made by Forward Financing; and
  • You must otherwise comply with all of the terms and conditions of this Program.

Referral Payments will be issued following the hired candidate’s completion of their 90th consecutive day of employment with Forward Financing.  With respect to any Referral Payment you receive pursuant to the Program, you agree that you are solely responsible for paying any applicable state and federal taxes.

V. Process to Refer Eligible Candidates

  • All eligible candidate referrals must be submitted through Forward Financing’s External Referral Program job board, found here.
  • You must provide the following information at the time of your referral submission:
    • Your full name, email address
    • The referred candidate’s contact information and LinkedIn profile OR resume.

VI. General Program Terms

(a) Forward Financing retains the sole and ultimate discretion to hire or not hire a referred candidate.

(b) This terms and conditions of this Program shall be governed by, and construed in accor­dance with, the laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law principles. All disputes relating to the Program shall be submitted exclusively to the American Arbitration Association (“AAA”) to be resolved and determined through final and binding arbitration according to the Commercial Arbitration Rules of the AAA. The jurisdiction for any arbitration shall be in Boston, Massachusetts, unless otherwise agreed by the parties in writing. In the event of any arbitration or other legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorneys’ fees and all costs of proceedings incurred in enforcing the terms of this Program.

(c) You agree that the total aggregate liability of Forward Financing and its directors, officers, and employees for any reason and upon any cause of action arising from your participation in the Program, whether in tort (including negligence), contract, or any other legal theory will at all times be limited to the lesser of your actual damages or two thousand five hundred dollars ($2,500).

(d) By electing to participate in the Program, you agree to all the terms and conditions of the Program as set forth herein.