Rockstars Affiliate Program Terms & Conditions
Last Updated: January 12, 2023
These Rockstars Affiliate Program Terms & Conditions (these “T&Cs”) are entered into between Recruit Rockstars LLC (“Recruit Rockstars”, “we”, “us”, or “our”) and the referring party (“you” or “your”). These T&Cs set out the terms and conditions governing your participation in the Rockstars Affiliate Program (the “Affiliate Program”).
Please read these T&Cs carefully before participating in the Affiliate Program. By participating in the Affiliate Program, you confirm that you have read and understand these T&Cs and agree to comply with the terms and conditions herein. If you do not agree to any of the terms of these T&Cs, you must not participate in the Affiliate Program.
PLEASE CAREFULLY REVIEW THE ARBITRATION AND DISPUTE RESOLUTION PROVISION SET FORTH IN THE “MISCELLANEOUS” SECTION BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION PROVISION.
“Application” means the application form that a prospective referring party is required to complete to indicate interest in the Affiliate Program and their commitment to abide by these T&Cs.
“Discount Code" means the unique discount code provided by Recruit Rockstars to you that correlates and tracks Eligible Referrals referred by you through the Affiliate Program.
"Eligible Referral" is any person or entity referred by you through the Affiliate Program who purchases Shortlist by Recruit Rockstars as a new customer. For clarity, “Eligible Referral” does NOT include: (i) self-referrals; (ii) referrals of additional employees or representatives employed or engaged by the same entity; (iii) existing or former Recruit Rockstars customers; or (iv) potential customers for which Recruit Rockstars has already undertaken more than a de minimis amount of marketing, promotional, or planning effort.
“Marketing Materials” means any informational, advertising, promotional, or marketing materials for or relating to Shortlist by Recruit Rockstars that we may supply to you from time to time.
“Referral Link" means the unique link or URL provided by Recruit Rockstars to you that correlates and tracks Eligible Referrals referred by you through the Affiliate Program.
“Shortlist by Recruit Rockstars” means the professional candidate sourcing service delivered by Recruit Rockstars.
"Valid Sale" means the first completed sale of Shortlist by Recruit Rockstars originating from your unique Referral Link or Discount Code and transacted by an Eligible Referral.
“Website” means the Recruit Rockstars website located at recruitrockstars.com.
Nature of the relationship
You are an independent contractor and not in an employment relationship with Recruit Rockstars. This is a non-exclusive relationship and either party is free to work with other parties.
Changes to these T&Cs and/or the Affiliate Program
Recruit Rockstars reserves the right to modify these T&Cs, or to change, suspend, discontinue, or terminate the Affiliate Program, at any time for any reason. Any and all changes to these T&Cs will take effect immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address or phone number that we have on file for you, or by posting a revised version of these T&Cs or other notice on the Website. It is your responsibility to check the Website regularly for any changes to these T&Cs. Continued participation in the Affiliate Program will be deemed as acceptance of the most current T&Cs.
Application & acceptance into the Affiliate Program
The Affiliate Program is open to the public, with the Application and these T&Cs published on the Website. If you’d like to participate in the Affiliate Program, you must fill out an Application and submit it to Recruit Rockstars for approval. If you are an individual, you must be at least 18 years old to participate. You must provide complete and accurate information when completing your Application. Recruit Rockstars will evaluate your Application, follow up with any further questions, and either reject or accept your Application (as determined in Recruit Rockstars’ sole discretion). Applicants typically receive a decision within five business days.
How the Affiliate Program works
Once you are accepted into the Affiliate Program, Recruit Rockstars will provide you with (i) your unique Referral Link and/or Discount Code, and (ii) Marketing Materials to promote Shortlist by Recruit Rockstars to your audience, customers, and colleagues.
You may then distribute your unique Referral Link and/or Discount Code to your network and promote Shortlist by Recruit Rockstars using the Marketing Materials provided to you. In promoting Shortlist by Recruit Rockstars, you must refer to the product by its full name (i.e., “Shortlist by Recruit Rockstars”), and not by any other name or branding (abbreviated or otherwise). You must also comply with any other instructions or branding guidelines relating to the promotion of Shortlist by Recruit Rockstars that we may provide to you from time to time. You may create and use your own marketing or promotional materials for Shortlist by Recruit Rockstars, so long as such materials are consistent with our branding guidelines. If you have any questions about creating your own marketing or promotional materials, please contact us at: firstname.lastname@example.org
Your unique Referral Link and Discount Code correlate with and track any Valid Sale transacted by an Eligible Referral referred by you through the Affiliate Program. Eligible Referrals who click on your Referral Link are directed to the Website for additional information and to purchase Shortlist by Recruit Rockstars. A tracking cookie that correlates with your unique Referral Link remains active for up to 120 days from when the Eligible Referral first clicks on your Referral Link, and the Eligible Referral must purchase Shortlist by Recruit Rockstars before that cookie expires or is deactivated in order for you to qualify for rewards. For clarity, a Valid Sale transacted by an Eligible Referral must always originate from your unique Referral Link or Discount Code in order for you to qualify for rewards.
When an Eligible Referral completes a Valid Sale, subject to the additional terms and conditions herein, you may be eligible to receive a $1,000.00 cash or credit reward, payable per one of the following options as selected by you at the time of your onboarding:
$1,000.00 cash, paid to you via PayPal within ten business days of Recruit Rockstars receiving full payment from the Eligible Referral for the relevant Valid Sale;
$1,000.00 credit towards your purchase of a future Shortlist by Recruit Rockstars, redeemable within 12 months after it is earned; or
“Pay it Forward” by transferring the $1,000.00 credit to the Eligible Referral for their use on their first Shortlist by Recruit Rockstars.
In addition, to qualify for any cash or credit reward, all of the following must be true:
The Eligible Referral used your unique Referral Link or Discount Code to complete the Valid Sale, as verified by Recruit Rockstars;
You are in full compliance with these T&Cs, including any branding guidelines that we may provide to you in relation to the promotion of Shortlist by Recruit Rockstars; and
Recruit Rockstars collected full payment from the Eligible Referral for the relevant Valid Sale.
Please note that Recruit Rockstars reserves the right to decline any Shortlist by Recruit Rockstars project if Recruit Rockstars deems it unlikely to be successful (as determined in Recruit Rockstars’ sole discretion). This is to protect both Recruit Rockstars’ and your brand reputation (in recruiting, this is known to happen on occasion). In such instance, Recruit Rockstars will not sell the Shortlist by Recruit Rockstars to the Eligible Referral, and you will not be entitled to receive any cash or credit reward.
Further, for each Valid Sale, Recruit Rockstars will verify whether you (and the Eligible Referral) have met all of the criteria to qualify you for a cash or credit reward, as determined in our sole discretion. We will seek to update you on the status of any referrals made by you through the Affiliate Program. You are solely responsible for all taxes and related legal obligations associated with any cash or credit rewards issued to you under the Affiliate Program.
You may only use and participate in the Affiliate Program in good faith for lawful purposes. In general, you may only promote your Referral Link and/or Discount Code via your email, social media, advertising, podcast, or similar online or offline properties that you own or control, and only to your audience, customers, and/or colleagues who would reasonably be deemed to have a potential interest in purchasing Shortlist by Recruit Rockstars. Without limiting the foregoing, you may not:
Impersonate another person or entity or use alternative contact information to refer yourself or others who have created duplicate accounts;
Use the Affiliate Program in any way that:
Violates the rules, guidelines, or terms of any online or offline community, platform, website, or other resource that you may use or engage with to promote Shortlist by Recruit Rockstars;
Violates applicable local, national, or international law or regulations;
Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
Contravenes any other agreements we have with you, any of our customers, or any other third party;
Promote your unique Referral Link and/or Discount Code using paid ads, adware, cookie stuffing, popups, or other similar practices;
Transmit any unsolicited or unauthorized advertising or promotional material, “spam”, or any other form of similar solicitation that violates applicable law or may otherwise be considered as damaging to Recruit Rockstars; or
Otherwise engage in any fraudulent, unfair, deceptive, misleading, or unethical practices, or any other conduct that may be considered as damaging to Recruit Rockstars or Shortlist by Recruit Rockstars.
Abuse of the Affiliate Program
Notwithstanding anything herein to the contrary, if Recruit Rockstars reasonably believes that you have not used the Affiliate Program in good faith, that you have misused your unique Referral Link and/or Discount Code or any of the other privileges or benefits hereunder, or that you have otherwise violated any of these T&Cs, Recruit Rockstars reserves the right to take any and all such action as we deem appropriate including, but not limited to, withholding (temporarily or permanently) any cash or credit reward that you would otherwise be eligible to receive, and/or terminating your participation in the Affiliate Program.
You understand and agree that we and/or our licensors own all rights in and to the Recruit Rockstars trademarks and service marks, the Shortlist by Recruit Rockstars, all Marketing Materials, and all content and information associated with the foregoing (collectively, “Recruit Rockstars Content”). You acknowledge and agree that the Recruit Rockstars Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by virtue of your participation in the Affiliate Program. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Recruit Rockstars and/or our licensors.
Termination or suspension
You may continue to participate in the Affiliate Program for up to 12 months from the date that we first approve your Application, unless we extend your eligibility to participate by email or other notice to you. However, we reserve the right, at any time and for any reason, to suspend, discontinue, and/or terminate these T&Cs, the Affiliate Program, and/or your participation in the Affiliate Program. In the event the Affiliate Program is discontinued and terminated in its entirety, and provided that you have not violated any of these T&Cs, we will seek to transfer to you any cash or credit reward earned by you prior to the termination date. Except as otherwise expressly provided herein, Recruit Rockstars will not be liable to you, any Eligible Referral, or any other third party for any suspension, discontinuation, or termination of the Affiliate Program.
You agree to indemnify and hold harmless Recruit Rockstars, our affiliates, and our and their respective officers, directors, owners, members, employees, contractors, and agents (collectively, the “Recruit Rockstars Parties”) from and against any and all claims, demands, losses, liabilities, damages, judgments, costs, and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your participation in the Affiliate Program, including your acts or omissions in connection with such participation; (ii) your breach or violation of any of these T&Cs; or (iii) your violation of any applicable law or regulation.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE RECRUIT ROCKSTARS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, INCONVENIENCE, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RECRUIT ROCKSTARS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE AFFILIATE PROGRAM OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY, IN CONNECTION WITH THESE T&CS AND YOUR PARTICIPATION IN THE AFFILIATE PROGRAM SHALL IN ALL EVENTS BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.
You agree that any dispute, claim, or controversy arising out of or relating to these T&Cs or the breach, termination, enforcement, interpretation, or validity thereof, or your participation in the Affiliate Program (collectively, "Disputes"), will be resolved exclusively by final, binding arbitration between you and Recruit Rockstars, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The arbitration shall take place in Chicago, Illinois, and shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”). The arbitrator will apply and be bound by these T&Cs, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
These T&Cs (as may be updated from time to time according to the terms herein) constitute the entire agreement with respect to your participation in the Affiliate Program.
These T&Cs shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois.
If any provision of these T&Cs is held to be invalid, illegal, or unenforceable, the remaining provisions of these T&Cs will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.
Our waiver of any breach of these T&Cs will not be a waiver of any preceding or subsequent breach.
Recruit Rockstars assumes no liability for any person’s or entity’s participation in the Affiliate Program that contravenes the laws or regulations of his, her, or its state or jurisdiction. Affiliate Program participation and benefits shall be considered void where prohibited by law.
For any questions about the Affiliate Program or these T&Cs, please contact us at: email@example.com