Effective date: May 26th, 2022

The following terms and conditions (the “Referral Program Rules”) govern your participation in Qwick Inc.’s (“Qwick”) Referral Programs (as defined below). The Referral Rules apply to Referral Programs that are administered solely by Qwick. When you participate in any Referral Programs (either by referring your friends, family, or businesses, or signing up for the Qwick Service with a referral code), you agree to be bound by these Referral Program Rules along with any other specific terms that relate to the Referral Programs, in addition to any other agreements between you and Qwick, including the Qwick Terms of Use (collectively with these Referral Program Rules, the “Qwick Terms”). The Qwick Terms are incorporated by reference and shall apply to your participation in all Referral Programs, including, if necessary, to resolve any disputes between you and Qwick related to or arising out of the Referral Programs. Any capitalized terms not defined herein shall have the meaning set forth in the Qwick Terms of Use.

1. Program Overview

Qwick uses technology to connect businesses with ready-to-work hourly temporary workers to work on-demand daily shifts across the United States (the “Qwick Platform”), featuring automation of workforce management and staffing functions.

Qwick offers referral programs to current Professionals and Businesses on the Qwick Platform (each, a “Referrer''). Referrers can refer individuals or businesses to join the Qwick Platform as a new Professional or new Business (each, a “Referred Professional'” or “Referred Business”, and generically as used herein from time to time, a “Referred User”). These Referral Program Rules apply to both Referrers and Referred Users, so please read carefully to understand your respective rights and obligations.

2. Referrer Eligibility

To be eligible to participate in the Referral Programs as a Referrer, you must (a) be a legal resident of the United States, (b) be at least 18 years old, (c) be legally able to participate in the Referral Programs, and (d) maintain a Qwick account in good standing (e.g., if you are referring on behalf of a current Business, the Business must not be delinquent or overdue on any fees owed to Qwick; if you are referring as a Professional, you must have a Qwick account that is eligible to work on the Qwick Platform (“Good Standing”)).

Further, if you are referring on behalf of a current Business, you must have all necessary authorizations to participate in the Referral Program on behalf of that Business, and you may not be an employee of Qwick or its subsidiaries, affiliates, or promotional agencies, including immediate family and household members.

If you violate the Referral Program Rules, the Qwick Terms or any other applicable terms (such as having more than one Qwick account), Qwick may in its sole discretion suspend or terminate your ability to participate in any Referral Programs (now or in the future). Qwick reserves the right to change, end, or pause, in whole or in part, any Referral Program, as well as any Referrer’s ability to participate in any Referral Program or receive Referral Rewards (as defined below) at any time for any reason, including for suspected fraud (including by either the Referrer and/or Referred Users), abuse, or any violation of the Qwick Terms.

3. Referred User Eligibility

Your friends, family, and other people and businesses you know (but not yourself) may be eligible to be Referred Users. To be a Referred User, the referred individual or business (a) must be a new user of the Qwick Platform (i.e., has never created a Qwick account or been contacted by Qwick’s sales team), (b) has not been previously referred by any other party (including yourself), and (c) meets the conditions Qwick has for using the Qwick Platform.

Please note that each Referred user can be referred only once, so if someone else has already referred them and they have accepted that invitation, they will not be able to accept yours. If you are providing Qwick with the contact information for your Referred Users, you represent that you have the right to provide that information.

4. Your Qwick Referral Code

Under any Referral Programs, Qwick may provide you with a unique numeric code (a “Qwick Code”) to distribute to eligible individuals or businesses to become new Professionals or Businesses. Qwick may also provide you with the ability to create additional Qwick Codes. Qwick owns all rights to any Qwick Code whether provided to you or created by you. You acknowledge and agree that (a) Qwick may limit the number of Qwick Codes you may create or that are made available to you based on the Referral Program in which you participate, or for any other reason in Qwick’s sole discretion, (b) you have no ownership rights in any form over the Qwick Code, (c) Qwick may reclaim, deactivate, invalidate and/or terminate your Qwick Code at any time at its sole discretion, and (d) you will only use your Qwick Code for personal and non-commercial purposes. To see if your Qwick Code has a limit, refer to the terms and conditions of the specific Referral Program in which you are participating.

5. How to Refer New Users to the Qwick Platform

a) Invitations through the Qwick Platform

You may invite individuals and businesses to become new users of the Qwick Platform directly through the Qwick Platform by navigating to the section of the Qwick mobile app (the “App”) that is designated as “Referrals.” Inviting an individual or a business through the Qwick Platform may generate an automatic invitation text (SMS) (standard rates and fees apply – check with your carrier for details) to the person and business which may be sent through your phone number. You represent that you have the necessary consent from your Referred Users to send them the invitation.

b) Other invitations

You may invite individuals and businesses to become new users of the Qwick Platform by distributing your Qwick Code directly to them and instructing them to manually input your Qwick Code into the Qwick Platform as a promotional code (a “Promo Code”) when they register to be a user on the Qwick Platform. An individual or business will not be able to apply your Qwick Code if (i) they’ve already applied another Qwick user’s Qwick Code or a different Promo Code, (ii) they’ve already received credit from Qwick or another source on their Qwick account prior to entry of your Qwick Code, or (iii) if the Qwick Code is not added onto the Referred User’s account prior to completion of their (the Referred User’s) first shift. If a Referred User does not enter your Qwick Code you will not receive attribution for the referral and they will not be considered your Referred User.

6. Referral Reward

a) General

Referrers are eligible to earn a referral incentive (“Referral Reward”) for each Referred Professional and/or Referred Business that they refer to the Qwick Platform, subject to the terms and conditions set forth in these Referral Program Rules and the specific Referral Program (“Reward Criteria”). Referred Users are eligible to earn a Referral Reward for signing up on the Qwick Platform, subject to the terms and conditions set forth in these Referral Program Rules and the specific Reward Criteria.

Reward Criteria may require that certain eligibility, criteria and/or conditions be met for the Referral Reward to be earned. Reward Criteria may include entry instructions and any other specific details, rules or conditions relating to a particular Referral Reward, and may be published on the Qwick Platform, Qwick’s website, social media platforms, advertising materials, or in any other media that features the applicable Referral Reward. In the event of any conflict or inconsistency between these Referral Program Rules and the Reward Criteria, the Reward Criteria shall prevail. The Reward Criteria are set by Qwick at its sole discretion and are subject to change at any time. The Reward Criteria may vary by time, conditions, and/or service area (or within a particular market). The type of Referral Reward you are eligible to receive may depend on (i) the Qwick region associated with the Referred User when they apply the Referrer’s Qwick Code, (ii) the Qwick region where the Referred User posted or performed their first approved job, or (iii) other factors as determined and communicated by Qwick. Qwick, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other users or prospective users. These promotions, unless offered to you, shall have no bearing whatsoever on your agreement or relationship with Qwick.

In the Qwick Platform or Qwick websites, both the Referrers and the Referred Users may be presented with estimated amounts of the Referral Reward they may receive if all the Reward Criteria and other conditions described herein are met. These amounts are calculated based on certain assumptions, such as, without limitation, the Referrer’s or the Referred User’s location at the time they posted or performed their first job or downloaded the Qwick Platform, and may not be accurate based on the actual behavior of the Referred Users. Such amounts, therefore, are only estimates and may differ based on a number of factors. Qwick will make a good faith calculation of such amounts based on the location of the applicable Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Reward at the time when such Referral Reward is applied to their Qwick accounts and/or paid out.

b) Earning Referral Reward for Referrals between Qwick Professionals

In order to be eligible for a Referral Reward as a Referrer of a Professional, the Referred Professional must meet the eligibility criteria set forth in these Referral Program Rules in addition to the specific Referral Reward terms and conditions set forth by the applicable Reward Criteria.

The Referral Reward for both the Referrer and Referred Professional will be deposited to the Stripe Account (or similar account) associated with their Qwick account. Qwick reserves the right to change the method of payment, including but not limited to, Gift Card(s), Cash, and Digital Currency.

In order for a Referral Reward to be issued, a referral must be considered successful. A successful referral is subject to, without limitation, the condition that the Referred Professional complete the requirements outlined in the applicable Reward Criteria, and that they remain eligible on the Qwick Platform for 24 hours following the completion of the outlined requirements. Qwick has sole discretion to determine whether the above conditions have been met.

c) Earning Referral Reward for Referred Qwick Business Partners

When you refer a new Business to the Qwick Platform using your Qwick Code, you may receive a Referral Reward in the form of gift cards, direct payment to your Stripe (or similar) account, or any other method applicable to the specific Referral Program, at Qwick’s sole discretion. In order to receive a Referral Reward, the Referred Business must complete the signup process with Qwick and all requirements outlined in the applicable Reward Criteria, subject to the terms and conditions set forth in these Referral Program Rules and the applicable Reward Criteria. After a Referred Business has satisfied all such requirements, the Referrer will receive a notification from Qwick informing them of the completion. Your receipt of the actual gift card (if that is your specific form of Referral Reward) is conditioned upon Qwick’s receipt of your information necessary for the receipt of the gift card. The gift card will be sent out generally within 60 days after Qwick’s receipt of your verification and confirmation. Qwick cannot guarantee that a Referred Business will meet the requirements outlined in the applicable Reward Criteria as any Business’ usage of the Qwick Platform is entirely within their control.

If you are a Referred Business, you may receive Qwick credit (“Referral Credit”) if you complete Qwick’s signup process using a Referrer’s Qwick Code, subject to the terms and conditions set forth in these Referral Program Rules and the applicable Reward Criteria. Referral Credit is only valid for use on the Qwick Platform for qualified Qwick products and services, which can change at any time at Qwick’s sole discretion. The Referral Credit may noy be traded, has no monetary value, and is not transferable or redeemable for cash. The Referral Credit is subject to verification and will generally be awarded within 60 days of verification. Upon termination of the applicable Referral Program, the Referral Credits have a 6 month expiration date for use before they are forfeited. If a Referred Customer’s account is canceled, suspended, or closed for any reason, unredeemed Referral Credits are forfeited immediately. Qwick has sole discretion to determine whether the above conditions have been met.

d) Resolving Disputes over Referrals

Only one Qwick user can earn a Referral Reward for a single Referred Professional or Referred Business. In the event that multiple users claim credit for a particular referral, Qwick has full discretion to determine which person earned such referral according to Qwick’s systems.

As a condition of participating in the Referral Programs, you agree that any and all disputes which cannot be resolved between the parties arising out of a Referral Program shall be resolved individually, without resort to any form of class action, exclusively before a court located in Phoenix, Arizona having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards against Qwick, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, and you further waive all rights to have damages multiplied or increased. This provision does not supersede, modify, limit, or otherwise abrogate any agreement you may have to arbitrate disputes with Qwick as set forth in the Qwick Terms of Use or otherwise.

e) Reservation of rights

Qwick reserves the right to withhold or deduct Referral Reward or Referral Credit obtained through the Referral Programs in the event that Qwick determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of the Qwick Terms or any other applicable agreement between you and Qwick.

7. Restrictions

In connection with your participation in the Referral Programs, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Qwick Code(s) you agree to the following:

  • No spamming. You agree that you will not “spam” anyone with invitations to join the Qwick Platform, and that you at all times will remain compliant with CAN-SPAM, the Telephone Consumer Protection Act, and other applicable laws. You agree to not attempt to get Referred Users by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally.

  • No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with any Referral Program, either by affirmative representation, implication, or omission. You agree not to make misleading statements about Qwick, misrepresent your connection to Qwick, or otherwise make any false or misleading statements to get a Referred User to use your Qwick Code.

  • Prohibited content. You agree that you will not use (or allow a third party to use) the Qwick name, logo or brand in connection with offensive, abusive, or harassing content, any political and/or religious statement, or any disparaging or defamatory content concerning Qwick or third parties.

  • Other restrictions. You also agree that you will not:

  • Specify the monetary amount of the Referral Reward unless authorized by Qwick in writing in advance;

  • Use images of celebrities or other public or private figures without their written consent;

  • Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “McDonald’s” would be prohibited);

  • Use, display, or manipulate Qwick intellectual property (such as Qwick’s logos, trademarks, and copyright-protected works) (the “Quick IP”) in any way, except as to identify yourself as a Professional or a Business;

  • Engage in phishing or attempting to obtain financial or other personal information;

  • Solicit passwords or personally identifiable information;

  • Sell your Qwick Code. You agree that you will only distribute your Qwick Code free of charge solely for personal and non-commercial purposes. You may not sell, trade, or barter your Qwick Code under any circumstances. You may not pay or provide anything of value to an Referred User beyond any Referral Credit or collateral supplied by Qwick;

  • Violate or infringe the rights of a third party. You will not create any Qwick Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the Qwick IP;

  • Advertise. You agree that you will not pay to advertise your Qwick Code or any Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist;

  • Create printed materials other than those authorized by Qwick in advance in writing;

  • Post printed materials on public or private property without their express written consent and the express prior written consent of Qwick;

  • Engage in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) Qwick, the terms of any Referral Program, or any Referred Users.

If you violate any of these restrictions Qwick may, at its sole discretion, remove your eligibility to participate in any or all Referral Programs, and/or deny you any Referral Reward earned in violation or suspected violation of these restrictions.

8. Limitation of Liability

By participating in any Referral Program, you agree to, and hereby do, release and hold harmless Qwick and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (a) your participation in any Referral Program, (b) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, (c) the unavailability or inaccessibility of any transmissions or telephone or Internet service, (d) unauthorized human intervention in any part of the Referral Programs, or (e) electronic or human error which may occur in the administration of the Referral Programs.

9. Applicable Law

Except where prohibited by law, disputes, claims and causes of action arising out of or related to the Referral Programs, including any Referral Reward or Referral Credit, shall be resolved under the laws of the United States, and except where prohibited by law, Arizona law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona.

10. Privacy

Participation in the Referral Programs may require a Referred User and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Qwick’s Privacy Policy. In addition, personal information may be used by Qwick on Qwick’s behalf to contact Users with regards to participation in the Referral Program.

11. Other Terms

The following terms shall also apply to your participation in any Referral Program:

  • You cannot earn a Referral Reward for referring yourself either as a Professional or Business.

  • Any Qwick promotions that run for a limited time only are subject to change at Qwick’s sole discretion.

  • Qwick reserves the right to change, end, or pause, in whole or in part, any Referral Programs, as well as any Referrer’s or Referred User’s ability to participate in any Referral Programs or receive any Referral Reward at any time for any reason If Qwick ends any Referral Program, any unused or unredeemed Referral Reward may be forfeited at that time, provided we give you 14 days of notice to use or redeem your Referral Reward.

  • Qwick may update these Referral Program Rules at any time. Continued participation in any Referral Programs after any update will mean that you have agreed to such update.

  • The Referral Programs are void where such referral programs are prohibited.

  • The Referral Reward is neither negotiable nor redeemable for cash value.

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