Updated August 12, 2024

Referral Terms and Conditions

These Referral Terms and Conditions (the “Terms”), are made and entered into by and between you (“You” or “Your”), and Justworks, Inc., a Delaware corporation (together with its affiliates, “Justworks”). By submitting a referral through the Justworks website, You agree to these Terms.

Contents

Referral Mechanics

Relationship

Marketing

Miscellaneous

Referral Mechanics

As used herein, the term “Qualified Lead” means any potential Justworks customer that (i) is not already a current or former Justworks customer, and (ii) has not been in contact with Justworks in the previous thirty (30) days. To be eligible for a Referral Bonus (as defined below), You must introduce Justworks to a Decision-Maker at a Qualified Lead through the applicable form on Justworks’ website or platform. A “Decision-Maker” is defined as any managerial or board representative of a Qualified Lead (other than You) with the authority to procure Justworks services (without approval by You). Justworks may require documentation demonstrating that You were required to and did obtain authority from another individual or group of individuals to procure Justworks services.  Justworks reserves the right to turn away any Qualified Lead or other potential customer for any reason or no reason, as determined by Justworks in its sole and absolute discretion.

If a Qualified Lead introduced to Justworks by You becomes a paying Justworks customer through your introduction, You will be compensated in the manner described by Justworks on its referrals webpage and/or the Justworks platform (the “Referral Bonus”), subject to the limitations set forth herein. If Your Qualified Lead is introduced to Justworks through multiple referral sources (including other Justworks referral and/or partnership programs) (each a “Referral Source”), Justworks will pay the Referral Bonus or other referral payment/commission ONLY to the Referral Source that Justworks determines in its sole and absolute discretion is responsible for Qualified Lead becoming a Justworks customer. For any Referral Bonus that is calculated based on the number of a Qualified Lead’s employees, such bonus will be based on the number of Qualified Lead’s active employees on the Justworks platform and included in Qualified Lead’s  first payroll, subject to a cap of 200 employees.

In order to receive a Referral Bonus, You must provide Justworks or its designee with complete and accurate information about You and Your bank account, including, but not limited to, Your contact information, Your account and routing information for a valid US bank account, a valid W-9, and any information required to conduct applicable sanctions screening. You hereby acknowledge and agree that Justworks may utilize certain third parties to process Referral Bonus payments and/or applicable sanctions screening and You consent to Justworks sharing Your personal information with such third-parties. You hereby represent and warrant that you are not a Specially Designated National under rules or regulations of the United States Treasury’s Office of Foreign Assets Control or otherwise subject to sanctions limitations or included on any other sanctions list in any jurisdiction in which Justworks does business. Justworks may decline to pay a Referral Bonus if it determines in its sole and absolute discretion that such payment would violate sanctions regulations in any jurisdiction in which it conducts business.  

Justworks may at any time and in its discretion amend the Referral Bonus amounts without prior notice.

Relationship

It is understood that you have no authority to enter into any agreements or commitments on Justworks’ behalf, or to negotiate the terms of Justworks’ agreements. These Terms do not constitute a contract of employment. The parties intend and agree that each shall serve as an independent contractor of the other. Nothing contained in these Terms shall be construed to place the parties in a relationship of partners, joint venturers, principal and agent, or employer and employee.

Marketing

All public uses of the trade names, trademarks, or symbols of Justworks (the “Justworks Marks”) are prohibited without the prior consent of Justworks. These Terms shall not be construed to grant any party any license whatsoever to use the Justworks Marks.

You hereby agree to receive email communications from Justworks, including but not limited to, product updates, Justworks promotions and any other communications sent to the Justworks referral community. You may opt out of promotional communications if you so choose via the emails themselves.

Miscellaneous

These Terms and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law. Justworks and You consent to the exclusive jurisdiction and venue of the courts of the state and federal courts of New York, New York.

These Terms cannot be assigned by You without the written consent of Justworks. It is expressly understood and agreed between the parties that the Terms may be assigned by Justworks at its sole discretion.

You agree (i) not to make any representations or guarantees about Justworks’ services; (ii) to avoid deceptive, misleading or unethical practices in Your performance hereunder; and (iii) to comply with all applicable laws in Your performance hereunder.

JUSTWORKS SHALL NOT BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES) HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY EVEN IF JUSTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  JUSTWORKS’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE GREATER OF (1) $200 OR (2) ANY REFERRAL BONUS EARNED BY YOU UNDER THESE TERMS.

These Terms, together with any other terms incorporated herein, constitute the full, complete, absolute and entire agreement between the parties. Except as otherwise provided herein, the Terms may only be altered or amended by a written amendment of the parties.

Should any term, warranty, covenant, condition or provision of the Terms be held to be invalid or unenforceable by a court or other body of competent jurisdiction or pursuant to arbitration, the balance of the Terms will remain in force and will stand as if the unenforceable part did not exist. The invalid or unenforceable provision will be replaced by a provision as similar as possible and which is valid and enforceable.

The failure of either party strictly to enforce any provision hereof will not be construed as a waiver thereof or as excusing either party from future performances in strict accordance with the provisions of the Terms.