Program Terms and Conditions

PRESENCE 2023 REFER A FRIEND REFERRAL PROGRAM
(Effective August, 15, 2023)

By participating in the Presence 2023 Refer a Friend Referral Program (the “Program”), you agree to the following Terms and Conditions (“T&Cs”). If you do not agree to these T&Cs in their entirety, you are not authorized to participate in the Program. These T&Cs supersede any previous terms and conditions of the Program. Presence may at any time and in its sole and absolute discretion, without prior notice, terminate, cancel, suspend, or modify the Program or these T&Cs. The individual who sends an invitation to participate in the Program to another person is called a “Referrer” under these terms, and the individual who receives the invitation to participate in the Program is called a “Referee.” For purposes of these T&Cs, the term “Presence” includes PresenceLearning, Inc. and its subsidiaries, parent companies, and related entities.

PROGRAM PERIOD. This Program begins on August 15, 2023, and ends when Presence posts a notice of termination on this webpage and these T&Cs are removed. Any submissions after the end date will be invalid.

ELIGIBILITY

1. Referrer Eligibility. To be eligible for any Reward, a Referrer must be (i) either a current employee or an active independent contractor of Presence (excluding members of Presence Human Resources and Recruiting departments) and (ii) reside in the United States (including any U.S. territory). Presence employees at the Director level and above are not eligible to participate in the Program.
2. Referee Eligibility. A Referee must (i) hold the license required for the position, (ii) not be currently contracted or employed with Presence or any related entity, (iii) not have applied to Presence or any related entity since November 1, 2022, (iv) be able to join Presence or related entity as an employee or independent contractor, and (v) reside in the United States (including any U.S. territory).
3. Valid Referral. A “Valid Referral” is a submission of a Referee through the ERIN portal for consideration for an open position who meets all the criteria under Referee Eligibility, as determined in Presence sole and absolute discretion.

REWARDS

There are two possible rewards a Referrer is eligible to receive in the Program (each, a “Reward”).

$5 Reward. Subject to these T&Cs, a Referrer is eligible to receive a $5.00 e-gift card (the “$5 Reward”) for each Valid Referral submitted to Presence through the ERIN portal who completes an application. A Referrer may make unlimited Valid Referrals for any open positions listed in the ERIN portal, however the Referrer will only receive $5 Rewards for the first 25 Referees referred in a calendar year.

Placement Reward. Subject to these T&Cs, a Referrer is eligible to receive $500.00 (“Placement Reward”) for each Valid Referral who completes one full month of work for Presence or any related entity (a “Valid Placement”). If a Referee has been referred to Presence by another individual or has already filed an application within the past 9 months, then the Referrer will not be eligible for the Placement Reward. Only one Placement Reward is available per Valid Placement, even if Valid Placement takes multiple assignments.

PAYMENT OF REWARD

If a Referrer is an Independent Contractor of Presence or any Related Entity. Presence will pay the Placement Reward within the next three payment cycles following Valid Placement’s completion of one full month of service with Presence or a related entity.

If a Referrer is an Employee of Presence or any Related Entity. Presence will pay the Placement Reward within the next three payroll cycles following Valid Placement’s completion of one full month of service with Presence or a related entity. The Placement Reward will be subject to any applicable tax withholdings.

Tax Forms. If necessary, a Referrer will be required to complete and submit applicable tax forms to receive Rewards under the Program that exceed applicable tax thresholds. In such cases, Presence will contact the Referrer directly with more information.

PROHIBITED USES

A Referrer may only use the Program in good faith and in compliance with applicable laws. Referrer will indemnify and hold Presence harmless from and against any costs or losses incurred by Presence arising from any referral sent to any potential Referees.

Presence may, in its sole and absolute discretion, determine the eligibility of potential Referrers to participate, or continue to participate, in the Program.

PROGRAM RESTRICTIONS

$5 Rewards have no monetary value and may not be redeemed for cash. $5 Rewards are not transferable. Upon termination of the Program or any portion thereof for any reason, any unredeemed $5 Rewards are subject to forfeiture in accordance with applicable law.

Placement Rewards are subject to verification. Presence may delay a Placement Reward for the purposes of investigation or for any other reason that, in its sole and absolute discretion, it deems appropriate.

LIMITATIONS OF LIABILITY

Presence accepts no liability for any use of the Program that does not comply with these T&Cs. Additionally, Presence will in no case be liable to Referrer or Referee for any indirect, incidental, special, consequential, or punitive or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible or non-material losses resulting from (i) the use of or the inability to use the Program; (ii) technical malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) statements, communications, or conduct of any Referrer or Referee; (vii) any errors in any websites or materials associated with the Program; or (viii) any other matter relating to the Program.

OTHER TERMS

If Presence suspects or determines that a breach of these T&Cs has occurred, Presence may take any action it deems appropriate, including (but not limited to) terminating or invalidating a Reward and/or suspending or terminating the Program in whole or in part.

Presence’s failure to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision.

Presence may change or amend these T&Cs at any time by revising this webpage. Presence reserves the right to change, modify, alter, amend, or terminate the Program (including the amount of the Reward) at any time without notice. Following any change or amendment to these T&Cs, continued use of the Program constitutes acceptance of the changed or amended T&Cs and the Program in effect at that time.

Any dispute or claim arising out of or in connection with this Program or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York.