Employee Referral Program
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This Employee Referral Program (this “Program”), as revised or modified from time to time, is a legally binding agreement between Arcus Labs Inc. (together with its affiliates, the “Company”), and you (“Referrer” and together with the Company, the “Parties”). Please review the Terms carefully to understand Referrer’s rights and obligations, including with respect to governing law, arbitration, venue for dispute resolution and other dispute resolution matters, prohibited activities, indemnification, disclosures and disclaimers, limitations of liability, and exclusions of consequential damages and other claims.
Purpose and Services. The Company is strongly committed to attracting and retaining talented professionals. Accordingly, the Company makes this Program available to Referrer for the purpose of referring qualified candidates (“Candidates”) to the Company (the “Services”).
Referrer Eligibility. To participate in the Program you must be:
not an employee of the Company;
of legal age in the jurisdiction in which you reside, and in any case at least eighteen (18) years old;
not associated with, employed by or a consultant of a staffing or recruiting agency or other third party that is, at the time of such referral or payment for such referral, providing the Company recruiting services;
able to provide the necessary tax documentation required by the Company, according to local law, and in the Company’s discretion; and
not barred from participation due to sanctions, anti-bribery, or other applicable laws.
Service Fee.
Referrer will be eligible to receive fifteen thousand U.S. dollars ($15,000) (the “Service Fee”) ninety (90) days after the Candidate’s start date if such Candidate remains employed by the Company at such date (the “Initial Period”), subject to the requirements herein.
Upon successful completion of the Initial Period, Referrer will receive an email from the Company confirming the status of the Candidate and requesting certain tax documentation
Referrer will receive the Service Fee within thirty (30) days after the Initial Period and the completion of any required tax forms requested by the Company.
Referrer will be solely responsible for all income tax or other tax liabilities or reporting that arise from or in any way relate to the Service Fee. The Company has the right to withhold from any amounts payable to Referrer such foreign, federal, state or local taxes as may be required to be withheld under any applicable laws. Referrer must complete any required tax forms that the Company requests prior to receiving the Service Fee.
Candidate Requirements. To be eligible, Candidates must:
not be the Referrer or a current employee or contractor of the Company;
not be subject to any non-compete agreements or any other similar agreements that would restrict the Company in hiring such individual;
not be persons whom you are not restricted from soliciting pursuant to any non-solicitation or similar agreement; and
not have applied to a position at the Company or engaged with the Company's recruiting personnel within the 180 days prior to a referral.
Referral Procedures.
To submit a qualifying referral, the applicable Candidate must include the required Referrer information in such Candidate’s initial communication submitted by the Candidate to the Company (whether email, phone, or application).
Candidates must (i) first, submit their application for a specific role at the Company, using this link: https://dydx.exchange/careers#roles. (ii) second, in the application, select from the drop down that this is a “Referral” and submit details (name and email) about the Referrer. Any qualifying referral information must be submitted prior or in connection with the initial communication (including email or phone) between the Candidate and any member of the Company’s human resources department. If there are any questions, feel free to reach out to [email protected].
In the event that a Candidate receives an offer from the Company, and thereafter accepts such offer and becomes an employee of the Company, the Company will promptly provide notice to the Referrer of such Candidate’s status, and the timeline for the Initial Period (defined above). Referrers should not contact the Company requesting such information.
If two or more Referrers refer the same Candidate, then only the first Referrer provided by such Candidate will be eligible for the referral bonus. There is no limit to the number of referrals that a Referrer can make.
the Company reserves the right, in its sole discretion, to (i) review the circumstances with respect to each referral and determine whether such referral, and the Referrer, qualify for a referral bonus, and (ii) determine whether the Candidate will receive an offer or other consideration, including any screening.
Referrer should not submit Candidate information directly to the Company; any such submission of personal information is potentially a violation of privacy laws, will not qualify as a referral under the Program and all associated personal records will be promptly destroyed by the Company.
Termination. Notwithstanding any other provision of this Program, the Company reserves the right to terminate this Program, or limit, deny or terminate your participation in this Program in its sole discretion at any time without notice to you.
Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Program will be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever.
Severability. If any provision of this Program is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Program or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Company will in good faith modify this Program so as to effect the original intent of this Program as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to this Program, or the breach, termination, enforcement, interpretation, or validity thereof, shall be finally resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be conducted before one (1) arbitrator in New York, New York, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and fees, except as otherwise provided by the applicable rules or law.
Governing Law. The terms of this Program shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York, for any action not subject to arbitration or to enforce any arbitration award.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Program.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Program, whether based in contract, tort, or any other legal theory. Except for the Company’s obligation to pay a Service Fee for an eligible Candidate, in no event shall the Company's total aggregate liability for all claims relating to the Services exceed USD $100.
Entire Agreement. This Program constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Program and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Assignment. The Company may assign this Program or assign, subcontract, delegate, license or sublicense any or all of its rights and obligations hereunder. This Program is personal to you and cannot be assigned or transferred by you.
Communications. You consent to receive all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that the Company provides in connection with this Program electronically. You agree that the Company may provide Communications to you by posting them on this site, by emailing them to you at the email address you provide in connection with providing the Services, if any, or by sending them via the Telegram channel last used between the Company and Referrer. You should maintain copies of Communications by printing a paper copy or saving an electronic copy. You may contact the Company with questions or complaints at [email protected].
Modifications. The Company may revise or modify this Program at any time by posting the changes or the updated Program on the webpage on which it is displayed. Your participation in this Program after the date any such changes become effective constitutes your acceptance of the modified and new terms of this Program.
Provision of Personal Information; Protection Thereof. The Parties acknowledge and agree that this Program is not intended to require you to provide personal information, as that phrase may be defined by any data privacy legislation, to the Company. However, to the extent that personal information is provided by you to the Company, the Company agrees to comply with all applicable confidentiality obligations and privacy laws that govern the personal information shared or otherwise made accessible to Company by you. The Company further agrees to use commercially reasonable efforts to protect any personal information of yours that it acquires or accesses in connection with this Program.
Surviving Terms. The preamble herein and Section 6 through Section 18 and any other right or obligation of the Parties in this Program that, by its nature, should survive termination, expiration or assignment of this Program, will survive any expiration, termination or assignment of this Program.