Last Updated: October 28, 2019
Description of the Program
The PopBookings Agency Referral program (“Program”) permits select, invited eligible members to earn money (see Payment section below) by referring to PopBookings first time, new Agencies (“Referred Agencies”) who post events for the first time and successfully book staff. A “Completed” booking is a booking that is worked by a Recruit staff user and paid for by the Agency and which is not cancelled by either the Agency or the Recruit staff at any time before or after the scheduled check-in for such booking.
Referred Agencies will be attributed upon Referring User’s invite. To participate, Referring Users must agree to these Terms. The Program may not be combined with other PopBookings referral programs or incentives . When you refer a Referred Agency, the Agency will see your PopBookings profile on the landing page for your Referral Link.
Use of the Dashboard
You agree that you will not use the Agency Referral Dashboard (“Dashboard”) for any purpose other than tracking your own progress and the progress of others in your geographic area. You will respect the privacy of others and comply with applicable laws.
This Program will run until PopBookings posts a message on this page that the Program is no longer in effect. If an Agency that you Referred before the end of the Program gets their first booking, you will still receive Payment for the referral.
You agree to (i) use best efforts to refer Referred Agencies to create and book Recruit staff; and (ii) educate Referred Agencies on how to use the PopBookings platform, including how to make bookings through the PopBookings platform, by pointing them to resources at popbookings.com. You may not represent yourself as an employee, intermediary or agent or as being authorized to bind the Company. You may not create materials (including business cards, websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and PopBookings. However, you must state that you are a Referring User who is encouraging Agencies to book staff on PopBookings.
Sharing Referral Links
Referrals should only be shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead). Make sure to tell your friends and others who you invite to join PopBookings to check the laws that may apply to them and that you educate them about what it takes to responsibly book staff. More details are available at responsible-booking.
You agree that you will not set up accounts, create listings, or prepare listing content on behalf of Referred Agencies and that you will not be eligible for payments if you are in breach of these Agency Referral Program Terms.
If you are based in the United States, you will receive $7.50 USD for each qualified booking Completed by a Referred Agency, and up to $1,005 USD total for any new Referred Agency. If you are based outside the US, you will receive the equivalent in your local currency (i.e., the currency of the payment method that you have selected for payouts). Where applicable, the local currency equivalent will be calculated using a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA.
To qualify for any payouts, the Referred Host’s first received booking must have a value (excluding fees, taxes, and special offers) of at least $150 USD (or the equivalent in your local currency ). The Referred Agency has 150 days from the date they are invited to Complete their first booking in order to earn the Payment.
All Referred Agencies must be new, first time users. No payment will be made for listings created by current or former PopBookings Agencies, or for bookings made by family or friends of the Referred Agency. Payouts will be made within 30 days of each qualifying event, to the payout mechanism designated on your PopBookings account. The PopBookings Terms of Service as it relates to the application of taxes applies to any Program payout.
Whether a payout is due shall be a decision made in the sole discretion of PopBookings. PopBookings reserves the right to any remedy, including denial of payout or cancellation of your account, if fraud, tampering or other violations of PopBookings’ Terms of Service or these Terms are suspected.
Additional Incentives and Programs
From time to time, PopBookings may publicize additional incentives and programs applicable to particular markets. Such announcements will include specific information regarding the requirements for receiving such incentives in that market.
Tax regulations may require us to collect appropriate tax information from Referring Agencies, or to withhold taxes from payouts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from US persons who receive payment. You are solely responsible for keeping the information in your tax forms current, complete and accurate. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. PopBookings cannot and does not offer Tax-related advice to you. Where applicable, or based upon request, PopBookings may issue a valid VAT invoice to you.
Nature of Relationship
You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.
You represent and warrant that: (a) you have all necessary consents and permits to participate in this Program, (b) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under this Agreement, (c) you will fully comply at all times with all applicable laws and you will not infringe on any third-party (including PopBookings) rights.
You will defend, indemnify and hold PopBookings harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Program.
PopBookings may terminate your participation in the Program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.
Exclusion and Limitation of Liability
In no event will PopBookings be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages. In no event will the Company’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the payments made by the Company to you in accordance with this Agreement.
PopBookings reserves the right, at its sole discretion, to modify the program at any time by posting an update on this page. By continuing to access the Dashboard or recruit Referred Agencies, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Dashboard and to terminate your Program participation.