PeopleSpider Terms of Use

PeopleSpider Rewards

In connection with your participation in the "PeopleSpider" Progam (the "Program") with Roth Staffing Companies, L.P (the "Company" or "Roth Staffing"), you, acknowledge and agree to the following terms and conditions.

PLEASE NOTE IMPORTANT END DATE FOR THE PEOPLESPIDER PROGRAM

The Program will end, effective January 27, 2017. If the conditions for earning a bonus as set forth below have not been satisfied on or before January 27, 2017, no bonus(es) shall be earned or payable. For temporary project placements/referrals that are current as of January 27, 2017, bonus eligibility shall continue through March 31, 2017. All bonus payments are conditioned upon proper submittal of a W-9 no later than thirty (30) days after initial bonus eligibility.

PROGRAM OUTLINE:

Referral Partners and our Ambassadors have the opportunity to earn a referral bonus for candidate and customer referrals which they have directly referred to Roth Staffing Companies (including Ultimate Staffing Services, Ledgent Accounting and Finance, Ledgent Technology and Engineering, and Adams & Martin Group). By simply referring their own network of candidates and customers, Referral Partners and Ambassadors are eligible to earn a quarterly bonus for each temporary placement for the length of the assignment and/or for each direct hire placement. Bonuses are based on the length and level of assignment for temporary placements and the level of placement for direct hire. Additional bonuses will be paid when you meet specific thresholds.

The PeopleSpider Program creates an income opportunity for everyone, simply by referring colleagues and customers to any of our Roth Staffing Companies divisions! There are four ways to earn bonuses with this program: refer a temporary candidate 1, refer a customer with a temporary order 2, refer a direct hire candidate, or refer a customer with a direct hire order.

Three preconditions that apply to every bonus are: (1) you cannot earn a bonus for referring your own company or employees from your own company; (2) you cannot be marketing for any other staffing firm or any type of business that provides the same or similar services as Roth Staffing Companies; and (3) you must agree to this PeopleSpider Agreement by clicking the "AGREE" button.

BONUS PLAN

Direct Hire

For direct hire referrals, our Referral Partners or Ambassadors have the opportunity to receive a bonus for each placement, depending upon type of placement, as set forth below:

Client and Candidate Referrals

Placement Type

Bonus Amount per placement

Paraprofessional placements
Tier 1 (salary under $40K)

$100.00

Paraprofessional placements
Tier 2 (salary of $40K to $59,999)

$250.00

Professional placements
(salary of $60K to $99,999)

$500.00

Executive placements
(salary of $100K or over)

$1,000.00

For all direct hire placement referral fees to be payable, the candidate/customer must be referred by the Referral Partner or Ambassador within six (6) months of the date of hire of the candidate by Roth Staffing as an internal (non-temporary) employee or by a Roth Staffing customer, or date that the customer hires a Roth Staffing candidate, respectively. All referrals must be in writing, with the referred entity's or candidate's name and appropriate contact information, and emailed to , and a confirmation return email with a date must be sent/received from.

The Referral Partner or Ambassador is eligible to earn and receive the bonus at the later date of all the following: (1) when all fees are received from the Customer; (2) when all guarantees related to a candidate's hire are satisfied; and (3) when bonuses are calculated. Bonuses will be calculated on a calendar quarter basis as reasonably practicable after each quarter-end and payment of bonuses will be made at the end of the month following each calendar quarter.

For example, many direct hire placements have a 90-day full refund guarantee if the placement is terminated within the first 90 days of employment with the customer. In this example, the referral fee would not be earned and payable until after the 90-day period is complete (and after invoice is paid and bonus is calculated).

Temporary/Project Placement

For temporary/project placement referrals, our Referral Partners or Ambassadors have the opportunity to receive a percentage of the sales earned by the Company as set forth below:

Client Referrals

Placement Type

Percentage of Sales

Professional placements

2.0%

IT placements

2.0%

Administrative/Clerical placements

1.5%

Light industrial placements

0.5%

Candidate Referrals

Placement Type

Percentage of Sales

Professional placements

1.0%

IT placements

2.0%

Administrative/Clerical placements

.75%

Referral Partners who are employed by current clients ("Client Company") of Roth Staffing have the option of receiving the percentage of sales in one of three ways: (1) the Referral Partner may receive it as a personal payment; (2) the Referral Partner may have Roth Staffing apply the amount as a credit towards the Client Company's future billings from Roth Staffing; or (3) the Referral Partner may have Roth Staffing apply the amount towards the Client Company's official events or charity of choice.

For all temporary/project placement fees to be payable, the candidate/customer must be referred by the Referral Partner or Ambassador within six (6) months of the commencement of temporary assignment of the candidate by a Roth Staffing customer or date that the customer begins the assignment of a Roth Staffing Ambassador, respectively. All referrals must be in writing, with the referred entity's or candidate's name and appropriate contact information, and emailed to , and a confirmation return email with a date must be sent/received from.

The Referral Partner or Ambassador is eligible to earn the bonus when invoices are paid by the Customer and calculated by the Company. Bonuses will be calculated on a calendar quarter basis as reasonably practicable after each quarter-end and payment of bonuses will be made at the end of the month following each calendar quarter. Temporary/project placement referral bonuses are payable for a period of up to two (2) years after the commencement of the temporary assignment(s), at which time eligibility for bonuses will expire, except as set forth below.

After the two-year period, if the Client Referral continues placing orders for temporary employees or if the Candidate Referral continues working on temporary assignments through the Company, Roth Staffing may, at its sole discretion, continue to pay bonuses on the referral for an additional two-year period based on a variety of factors, including, without limitation, if the Client Referral remains a decision-maker or order placer for the account/client referred. At the expiration of each two-year period, Roth Staffing shall decide if eligibility for bonus will continue or expire at its sole discretion.

Definition of "new candidate"

If a bonus is being paid for a referral fee for a candidate, the referred candidate must be a "new candidate" on the date of the referral.

A "new candidate" is defined as an individual that has never previously applied to Roth Staffing and/or has never been in Roth Staffing's database.

Definition of "new customer"

If a bonus is being paid for a referral fee for a customer, the customer must be a "new customer" on the date of the referral.

A "new candidate" is defined as an individual that has never previously applied to Roth Staffing and/or has never been in Roth Staffing's database.

Definition of "new customer"

(1) any company that has not recorded revenue with Roth Staffing Companies in the preceding six (6) months prior to the date of the referral; or

(2) a new order placer, a new hiring manager, a new decisionmaker, or a new line of business (e.g. accounting versus administrative) from a company for which Roth Staffing has recorded revenue in the preceding six months.

Definition of "referred"

In order to be considered as having "referred" a new candidate or a new client, the referral (candidate/client) you must have introduced the referral to Roth Staffing Companies or one of its divisions; the referral must be expecting contact from a Roth Staffing representative; and the referral must have interest in retaining our services.

Conflict of Interest – Ethical Standards

You are required to avoid any conflict of interest during your participation in the Program. Any involvement that conflicts with your duties or responsibilities or affects your judgment in making a decision affecting the Company will be considered a conflict of interest. This includes any direct or indirect business, management or financial interest or activity, whether or not for compensation, in any business or entity that you refer to the Company which is a competitor, supplier or vendor of the Company.

You may not refer, either directly or indirectly (e.g., through a spouse, family member, friend, etc.), a company at which you are employed as a customer referral or any employees of a company at which you are employed.

Referral Partners are not to use the Company's facilities, equipment, time, or other resources for any other business.

Exclusivity

You agree that the Company is the only staffing or executive placement firm for whom you are soliciting or referring business. You agree that during the time you participate in the Program (which includes when you are receiving bonuses) that you are not referring candidates, clients, or business to any other staffing, executive placement, or business that is similar to the business that Company conducts.

Confidentiality

You understand and agree that you may learn about, have access to or obtain confidential information developed and maintained at substantial cost by the Company and/or its clients regarding its employees, applicants, prospective and actual customers, business, finances, products and services. This information, as well as the terms and conditions of the Program itself, are proprietary to the Company and/or its clients and, if used by competitors or other third parties, could cause substantial and irreparable damage to the Company and/or its clients.

You specifically agree that you will not at any time, in any fashion, form, or manner, unless specifically consented to in writing by the Company, either directly or indirectly, use or divulge, disclose or communicate to any person, firm, or corporation, in any manner whatsoever, any confidential information of any kind, nature, or description concerning any matters affecting or relating to the business of the Company and/or its clients, including but not limited to, customer lists, qualified prospective customer lists, employee lists, qualified prospective employee lists, sales and marketing information, customer account records, training and operations materials, personnel records, code books, pricing information, financial information, or any other confidential information of, about, or concerning the business of the Company and/or its clients, its or their manner of operation, or other confidential data of any kind, nature, or description. All records, equipment, notebooks, documents, memoranda, reports, computer programs, forms, files, books, correspondence, lists, other written and graphic records or other information storage devices, and the like, including innovations, ideas and developments, affecting or relating to the business of the Company and/or its clients, which you shall prepare, use, construct, observe, possess, or control shall be and remain the Company's and/or its clients' sole property.

You shall return, upon the Company's request at any time, all documents, papers, and other materials, regardless of medium, which may contain or be derived from confidential information, in your possession.

If you have any questions about whether information is Confidential Information or the propriety of disclosing any Confidential Information, you should consult with the Company.

In the event of any violation or threatened violation of this Agreement by you, the Company shall be authorized and entitled to seek and obtain immediate injunctive or other suitable judicial relief as well as judgment for all its costs and expenses including but not limited to attorney's fees and costs. In addition, the Company shall suspend all bonus payments from the time that you are in breach of the Agreement.

Modification of this Agreement

The Company reserves the right to modify this Agreement at any time in its sole discretion. However, the terms and conditions of this Agreement shall apply to any referrals made prior to the date of any change or modification of this Agreement.

back to reference

1 Candidates for light industrial positions are excluded from this Program.

2 Temporary orders for payrolling (i.e., when the client places its own candidate onto the Company's payroll) are excluded from this Program.