Prerefer Referral Agreement

Last updated: June 25, 2025

Table of Contents

  1. Referrals on Prerefer
  2. Non-Solicitation Clause
  3. Payment and Taxes
  4. Scope of Relationship
  5. Miscellaneous Terms
  6. Contact

A contract (a "Referral Contract") is formed between Prerefer, Inc. (“Prerefer”) and the referring User (“Referrer”) when the Referrer:

  1. Creates an account on Prerefer, and
  2. Accepts the Terms of Service as directed by Prerefer.

Only when a Referral Contract is formed between Prerefer and the Referrer can the Referrer submit a "Referral" on the Platform.

1. Referrals on Prerefer

A "Referral" is the action of vouching for a contact, another User, or a potential User (“Candidate") by a Referrer that meets all of the following conditions:

  1. Referrer knows the Candidate personally or professionally in a reasonably sufficient manner as to vouch for them; typically this means that the Referrer has spent time and has shared experience with the Candidate at a past business, school, project, board, or similar enterprise.
  2. Referrer has provided accurate contact information (name, email, phone number, etc) for the Candidate to Prerefer, and hence, to any Employers or Users on Prerefer.
  3. Referrer has added specific skills that the Candidate possesses, and has made true and accurate representations about the Candidate to the best of their knowledge.
  4. Referrer is willing to publicly recommend the Candidate for the added skills to anyone on Prerefer.
  5. Referrer is willing to spend 20 minutes or less sharing a more detailed testimonial about the Candidate to any Employer interested in hiring the Candidate.
  6. Referrer is not referring themselves or accounts and/or Users that may represent their own selves.
  7. Referrer, to the best of their knowledge, is not referring duplicate accounts of the same Candidate.
  8. Referrer is not referring fake or dummy accounts, whether owned by themselves or others, not associated with any real persons or legitimate Candidates.

Not meeting any of the above conditions would result in a failure to constitute a Referral. Repeatedly violating the above conditions when attempting to generate Referrals may lead to a temporary account suspension or even a permanent ban from Prerefer. Violations may also lead to the forfeiture of any potential earnings (more below) related to Referrals, including both the specific Referrals with violations associated and other Referrals made by the same Referrer.

Referrers may earn limited-time bonuses offered by Prerefer for the act of a Referral from time to time. These bonuses are paid at the sole discretion of Prerefer. These bonuses are offered by Prerefer at its sole discretion and may be paused or withdrawn at any time. Violating any conditions required for Referrals may result in the forfeiture of such bonuses associated with the Referrals with violations as well as other Referrals made by the Referrer.

If a Candidate referred by Referrer is hired by an Employer because of the Referrer's Referral, Prerefer will pay Referrer any applicable referral bonus, payable if and when payment is received from the Employer, less Prerefer's platform fees and revenues, and less any applicable tax withholdings. If a Candidate is hired due to multiple Referrals, the referral bonus will be divided equally amongst all Referrers, payable if and when payment is received from the Employer, less Prerefer's platform fees and revenues, and less applicable taxes withholdings. If a Candidate was discovered or being considered by an Employer prior to the Employer accessing the Referral via Prerefer, the Employer may not be liable to provide Prerefer any referral bonus or payment, and in turn the Referrer may not be eligible for or receive the referral bonus.

Prerefer makes no guarantees or representations about referred Candidates getting hired successfully by Employers or about Employers fulfilling their obligations on referral bonuses to Prerefer and hence the Referrer.

All bonuses, referral bonuses or any earnings made by Referrer on Prerefer may require action and/or documentation on the part of the Referrer, including but not limited to submitting tax-related documentation (such as W-9s), linking their bank account, or providing other details (such as legal name, email, phone number, etc) about themselves.

Referrer may not share any details about other Users, Referrers, Candidates, Employers, Jobs, or any other Content they discovered on Prerefer in any public manner, including but not limited to public forums such as professional networking sites (such as Linkedin), social media sites, personal web sites, blogs, or advertisements available to the public.

Referrer cannot misrepresent themselves as Candidates or Employers, on or outside of Prerefer, to solicit or make additional Referrals, to source Candidates, or for any other reason.

Violation of any above-mentioned terms can lead to termination of this Agreement between Prerefer and the Referrer and further actions, including account suspension or a permanent account deletion and ban from use of Prerefer.

In addition to information related to Referrals, Prerefer may share information about the Referrer, including but not limited to their name, photo, email, phone number, current and past employment, current and past education, skills, analytics, referral successes, and ranks, on the Prerefer platform to any and all Users and Employers.

2. Non-Solicitation Clause

During the term of their active engagement with Prerefer — which is defined as the period in which the Referrer maintains an account on the Prerefer platform — the Referrer agrees not to:

  • Solicit any Candidates, Users, or Referrers of Prerefer discovered on Prerefer by the Referrer
  • Submit any referrals outside of Prerefer of Candidates, Users or Potential Users of Prerefer discovered by the Referrer on Prerefer
  • Pursue, establish or maintain any direct recruiting engagements with Employers discovered through Prerefer.

Furthermore, for a period of twelve (12) months following the termination of their account or engagement with Prerefer, the Referrer agrees not to engage in the above behaviors and actions, including but not limited to soliciting Candidates discovered on Prerefer, submitting referrals of Candidates discovered on Prerefer, or pursuing direct recruiting relationships with Employers discovered on Prerefer. This post-engagement restriction is intended to protect the integrity of Prerefer's platform and ensure fair access to opportunities for all participating Referrers.

Prerefer reserves the right to notify any Employer of a Referrer's obligations under this Agreement and, where appropriate, request that such Employer refrain from engaging the Referrer for recruiting services.

3. Payment and Taxes

If a Candidate referred by Referrer is hired by an Employer because of the Referrer's Referral, Prerefer will pay Referrer any applicable referral bonus, per the key terms below:

  • Prerefer will pay the Referrer the applicable referral bonus only if the Employer pays Prerefer its obligations related to the Referral; Prerefer will not pay the Referrer any referral bonus directly and out of its own pocket.
  • Prerefer will deduct any platform fees or other revenues associated with each successful Referral before paying the applicable referral bonus to the Referrer.
  • If a Candidate is hired due to multiple Referrals, the referral bonus will be divided equally amongst all Referrers.
  • Referrer fulfills their obligations for actions and/or documentation, including but not limited to submitting tax-related documentation (such as W-9s), linking their bank account, or providing other details (such as legal name, email, phone number, etc) about themselves, prior to the payment.
  • Referrer does not violate any conditions associated with their Referral.
  • Referrer does not violate any terms or duties set forth in the Terms of Service.
  • Referrer is in good standing with the Prerefer platform and their account is not suspended, deactivated, deleted, or banned for any reason whatsoever.
  • Payments will be processed in 2 installments, in line with industry standards related to a Guarantee Period where all or some of the referral bonus to be paid by the Employer will be voided if the Candidate leaves or is terminated, to protect the interests of both the Referrer and the Employer:
    • Referrer will receive first half of the bonus after 90 days, but no later than 120 days, of the Candidate's start date, provided the Candidate is still an employee in good standing with the hiring Employer.
    • Referrer will receive second half of the bonus after 180 days, but no later than 210 days, of the Candidate's start date, provided the Candidate is still an employee in good standing with the hiring Employer.
  • Payments will be processed via Tremendous or another payment processor of Prerefer's choosing by a payment method (such as gift card, ACH, etc) of the Referrer's choosing.

Referrer agrees that Prerefer has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Prerefer retains in the future) the Referrer's submitted account information in order to process their payment.

Prerefer will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Referrer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to any payment made by Prerefer to Referrer.

Prerefer may report any payments to you to the Internal Revenue Service, in line with federal and state laws and regulations.

Except as provided above, Prerefer will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to payments made by Prerefer to Referrer and Referrer will be solely responsible for determining whether Referrer is required by applicable law to file any tax forms or remit to the appropriate authorities any taxes or similar charges applicable to payments made by Prerefer to Referrer, and filing any such tax forms and remitting any such taxes or charges to the appropriate authorities.

Prerefer will have the right, but not the obligation, to audit and monitor Referrer's compliance with applicable tax laws as required by this section. Further, in the event of an audit of Prerefer, Referrer agrees to promptly cooperate with Prerefer and provide copies of Referrer's tax returns and other documents as may be reasonably requested for purposes of such audit.

4. Scope of Relationship

Referrers are Users and independent contractors of Prerefer. They use Prerefer to generate potential and occasional passive income without expending significant time or effort on the same. This Referral Contract Policy does not create an employment, partnership, or agency relationship between Prerefer and Referrer.

Referrer does not have authority to enter into written or oral — whether implied or express — contracts on behalf of Prerefer or Employer. Referrer acknowledges that Prerefer does not, in any way, supervise, direct, or control Referrer's work in any manner. Prerefer does not set Referrer's work hours and location of work. Prerefer does not provide Referrer with training or equipment needed for any Referral Contract or other activity using Prerefer.

Prerefer will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Referrer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to any payment made by Prerefer to Referrer.

Referrer, as an independent contractor, is free at all times to provide services to persons or businesses other than Prerefer, including any competitor of Prerefer.

Referrer agrees not to contact any Employers, Candidates or other Users on Prerefer directly for the purpose of providing recruiting services if Referrer discovered such Employers, Candidates or Users using the Prerefer Platform. Referrer agrees to not refer Candidates discovered on the Prerefer platform to Employers (whether they are on Prerefer or not) directly and outside of Prerefer.

Violation of the above clause can lead to termination of this Agreement between Prerefer and the Referrer, including temporary account suspension or permanent account deletion and ban from future use of Prerefer.

5. Miscellaneous Terms

  • Prerefer will not have any liability or obligations under or related to Referrals or Jobs (except as expressly set forth in the Terms of Service).
  • Prerefer makes no representations as to the reliability, capability, or qualifications of any Employer, Referrer, Candidate or Referral.
  • Prerefer does not direct, has no control over, makes no representations, and does not guarantee the quality, safety or legality of Referrals, Jobs, the truth or accuracy of User Contributions and Submissions, the qualifications, background, or identities of Users, or that an Employer, Candidate or Referrer can or will actually complete a transaction.
  • Prerefer is not required to and does not verify any information given to us by Referrers or Employers, nor does Prerefer perform background checks on Referrers, Candidates, Users or Employers.
  • Prerefer may provide information about a Referrer, Candidate or Employer, such as a strength or risk score, geographical location or third-party feedback, background check or verification of identity or credentials. However, such information is based solely on data that Referrer or Employer submits. Prerefer provides such information solely for the convenience of its Users and it is not an introduction, endorsement or recommendation by Prerefer.

6. Contact

Referrers can reach out in regards to questions about this contract or in general or about specific Referrals by emailing support@prerefer.com.