Employee Testing Center - New Referral Setup

This referral program is currently operational for businesses located in the U.S.

Here are the terms and conditions for referring business owners, executives and administrative personnel to the Employee Testing Center. If people you refer end up buying testing from us, we feel that is only fair that you receive a referral commission. It is important that you represent our services accurately and in a professional manner. Our testing service can be of great help to business owners and executives with hiring better staff and making personnel decisions regarding existing staff.
The remaining lays out the terms and conditions and protects both you and and The Employee Testing Center.
This REFERRER CONTRACT (the "Agreement") constitutes a legally binding agreement between The Employee Testing Center LLC (ETC), a Florida LLC and you ("You" or "Your"). BY CHECKING THE RADIO BUTTON STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR THE TIME PERIOD THAT YOU ARE WORKING IN THE CAPACITY OF A REFERRING AGENT FOR ETC, AND IN RELATION TO ANY FUNCTION YOU MAY PERFORM AS A REFERRING AGENT FOR ETC AND THE EFFECTS AND RESULTS OF YOUR ACTIONS IN PERPETUITY.
Subject to the terms and conditions of this Agreement, ETC hereby grants to You a non-exclusive, revocable right and license, without right to sublicense, to use ETC's proprietary online platform, including without limitation the website made available at http://employeetestingcenter.com, http://employeetestingservice.com and their associated URL's for the following limited purpose: REFERRING POTENTIAL CUSTOMERS TO ETC TO PURCHASE TESTING AND OTHER PRODUCTS AS MAY BE OFFERED AND BEING COMPENSATED BY A COMMISSION STRUCTURE.
CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE MAY BE MADE BY ETC AT ITS SOLE DISCRETION AT ANY TIME.
COMMISSION STRUCTURE: ETC will pay a 10% commission on any tests purchased by a referred customer for a period of one year from the date of the first purchase by that referred customer. ETC will also pay a 5% commission on any tests purchased through a referral source that You specifically enrolled with ETC for the purpose of making referrals. This 5% commission will be paid for a period of one year from the date of the first purchase by that referred customer. With regards to a commission structure on any other ETC products and/or services other than ETC testing services, these products and/or services will be covered by a separate Terms and Conditions document.
If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is offered for sale by ETC via any online or offline channel or medium you agree that:
1. You will not suggest or imply any warranty or other policy with respect to any Products without the prior written consent of ETC, which ETC may withhold in its sole discretion for any reason.
2. You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right ("IP Rights").
3. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country's laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
4. You will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage the purchase of a Product.
5. ETC reserves the right, but not the obligation, to review your Promotions. You agree that ETC, in its sole discretion and at any time, may demand changes to product promotion and/or other items related to the content of Your Promotions.
6. You will provide valid contact information, including but not limited to a working email address and phone number, where ETC can send inquiries and receive a non-automated reply by end of the following business day.
7. If You send, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the ETC proprietary online platform, then You agree, acknowledge, represent and warrant that all such Emails shall be in fullcompliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") and the Children's Online Privacy Protection Act of 2000 ("COPPA"). (Information on these laws can be found at www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html) Without limiting the generality of the foregoing, You shall not directly or indirectly:
8. Send, initiate or procure the sending of an Email to any Person who has either not explicitly requested to receive such messages specifically from You, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, newsnet, newsgroups, or similar service.
9. Send, initiate or procure the sending of an Email to any Person who has explicitly requested to receive no further Emails from You or Your company.
10. Employ any false or deceptive information regarding Your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity, and the intent, subject, and origin of the Email.
11. Employ any incomplete, invalid, deceptive, fake, or forged message headers.
12. Use any mousetraps or windows that reappear, spawn new windows or otherwise resist being closed.
13. Exploit documented or undocumented security holes on any client or server machine.
14. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from You ("Opt Out Request") for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt of such Opt-out request by You.
15. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
16. Send any Email from, or make such Email appear to have been sent from, any address that was obtained via the use of scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
17. Send or relay any Email from any protected computer or network accessed without authorization.
18. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.
19. Send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 18 years of age.
AS REGARDS SUSPENSION OR TERMINATION OF YOUR ACCOUNT, You agree and acknowledge that:
1. ETC, in its sole discretion, may terminate your right and license to promote ETC products and receive commissions on any sales made if ETC suspects or has reason to believe and/or if a Person otherwise claims that You have been involved with any of the following:
  1. Illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities or any other activity which violates any federal, state, local or foreign constitution, treaty, law, statute, ordinance, rule, code, regulation, interpretation, directive, policy, order, writ, decree, injunction, judgment, opinion, ruling, decision, permit, license, registration and other operating authorizations, or any other requirement of, any federal, state, local or foreign government, legislature, governmental or administrative agency or commission, any selfregulatory association or authority, any court or other tribunal of competent jurisdiction, or any other municipality, governmental authority or instrumentality or quasi-governmental entity or authority, whether currently in effect or hereafter enacted or amended ("Law");
  2. Violation or infringement of any Person's rights, including without limitation, any IP Rights;
  3. Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection and commercial activities;
  4. A breach of any term of this Agreement, including, without limitation, any representation, warranty or covenant made by You in this Agreement; and
  5. Otherwise violating ETC rules or policies or interfering with ETC business.
2. Following the suspension of your right or license, ETC will review Your account and relationship. You acknowledge that this review will be conducted in a manner decided by ETC at its sole discretion. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that ETC will permanently revoke Your right to promote and/or receive commissions for the sales of ETC products and services regardless of whether further commissions would have have been paid to You on your existing referrals in accordance with this agreement.
3. In the case of suspension, ETC may retain any future commissions from sales to your referrals as liquidated damages and/or for the benefit of third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to ETC.
4. You agree and understand that ETC's right to take any of the actions set forth in this Section 8 does not constitute a right or obligation to take them for the benefit of any third parties, including You.
5. You agree and acknowledge that ETC may also pursue other remedies as allowed by Law.
6. In addition to the foregoing, and in addition to all other rights and remedies available to ETC at Law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, upon notice to You (which may be sent by email), ETC will have the right to immediately terminate this Agreement and Your rights to access, use and/or otherwise participate in the promotion of ETC and its products and receive commission thereon. Upon such termination, You agree to immediately cease all use of the ETC properties, including web sites, promotional items, links etc. Without limiting the foregoing, ETC shall have the right to immediately terminate Your access and use of the ETC referral program, or any portion thereof, in the event of any conduct which ETC, in its sole discretion, considers to be unacceptable. The provisions of this Section, in addition to any provisions, which by their nature, are intended to survive, shall survive the termination of this Agreement.
You represent, acknowledge and warrant that:
1. You, Your and/or Your Promotions, as applicable, do not and will not, directly or indirectly: (i) invade the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; or (iv) violate any Law.
2. You shall not: (i) frame, copy or mirror any content forming part of the ETC Services unless approved in writing in advance; (ii) reverse engineer of the ETC Services or otherwise attempt to derive its source materials; (iii) access the ETC Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the ETC Services; (iv) interfere with or disrupt the ETC Services or any data contained therein; (v) attempt to gain unauthorized access to the ETC Services, its related systems or networks; or (vi) use the ETC Services for any unlawful purpose or in violation of the rights of any Person.
To the fullest extent permitted by Law, You agree to the following points of indemnification:
1. In the event that a Party commences any action or files any claim whatsoever ("Claim") in connection with Your promotion of the ETC Services and Products, You shall defend, indemnify and hold harmless ETC, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "ETC Parties"), from and against any and all damages, liabilities, claims or costs (including, without limitation, the costs of investigation and defense and reasonable attorneys' fees and litigation and court costs) ("Losses") incurred by any ETC Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
2. Upon receiving notice of any Claim for which ETC is entitled to indemnification by You, ETC shall provide You with written notification and opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose an unindemnified monetary obligation on and/or admission or finding of liability or wrongdoing by ETC will require ETC's prior express written consent; and (ii) failure to provide timely notice, control, or assistance shall not relieve You of Your obligations; and (iii) ETC may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at ETC's own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to ETC's use of such counsel.
3. In the event that ETC incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or relation to Your Promotions, including complaints under the DMCA, ETC reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any commissions owed to You by ETC up to a maximum of $5000 per event. You authorize, and release ETC from any liability in connection with, such deductions.
4. IN NO EVENT SHALL ANY ETC PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT.
GENERAL TERMS AND CONDITIONS:
1. Governing Law; Dispute Resolution. You agree that Florida law will govern this Agreement, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Florida, and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Orlando, Florida. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
2. English is Governing Language. This Agreement is in English and all and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by ETC are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.
3. Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You are not authorized to make any promise, warranty or representation on behalf of ETC or obligate or attempt to obligate ETC in any manner whatsoever. You shall not represent to any person that You are the agent of ETC, nor fail to correct any misunderstanding as to such status.
4. Assignment. ETC may freely assign or transfer any or all of the rights and obligations described under this Agreement without Your consent and without notice to You. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of ETC. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
5. Severability. If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
6. Publicity. You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using ETC's name or referencing the ETC Services; or (iii) suggesting or implying any endorsement by ETC of You and/or any Products without the prior written approval of ETC, which ETC may withhold at its sole discretion.
7. Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. ETC reserves the right to amend this Agreement at any time. When ETC amends this Agreement, ETC shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting an announcement at www.employeetestingcenter.com/Referral-Program-Terms-and-Conditions.pdf that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the ETC Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to periodically review www.employeetestingcenter.com/Referral-Program-Terms-and-Conditions.pdf to inform Yourself of any such changes.
8. Waiver. The waiver or failure by ETC to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of ETC set-forth in this Agreement are cumulative and are in addition to any rights or remedies ETC may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
9. Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to ETC which would not be adequately and fully compensated by money damages and that ETC may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Florida or any other court of competent jurisdiction anywhere in the world (at ETC's sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
10. Force Majeure. ETC shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, ETC.
11. Notices. Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from ETC if sent via email, as date stamped by ETC's systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.