Workforce Referral Partner Policy
Last updated: 6 October, 2019
Please read this Terms & Conditions ("Terms", "Terms of Services") carefully before proceeding with the Workforce Referral Program.
Referral Program Operating Agreement
This Referral Program Operating Agreement (the "Agreement") is made and entered into by TRYBE TECHNOLOGIES SDN BHD.
("you" or "Referral") the party submitting an application to become a Workforce referral. The terms and conditions contained in this Agreement apply to your participation with Workforce Referral Program. By submitting an application, you expressly consent to all the terms and conditions of this Agreement.
Enrolment in the Referral Program
You must accurately complete the application to become a referral (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Referral Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the Parties
Subject to our acceptance of you as a referral and your continued compliance with the terms and conditions of this Agreement.
Trybe Technologies Sdn Bhd shall pay out Commissions payable under this Agreement and shall remit payment to the Referral, only after the Referrals’ referee has made payment to Trybe Technologies Sdn Bhd. Referral’s commission will be paid out from the referee’s subscription fee’s. If for whatever reason a referee has delayed payment, Trybe Technologies Sdn Bhd is not held responsible for late payout of commissions to the Referral. Commission payout will be made no later than 30 days after receiving full payment from referee.
Commission is scheme is as follows:
Referral is entitled to a commission of RM1000 per successful referee. A referee is deemed successful once they have subscribed to Workforce and made payment for their first months subscription.
Except as otherwise provided in this Agreement or with the consent of Trybe Technologies Sdn Bhd , you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
In the event that the Referral disputes in good faith any portion of a commission, the Referral must submit that dispute to Trybe Technologies Sdn Bhd in writing and in sufficient detail within thirty (30) days of the date of receiving the Commission. If the Referral does not dispute the Commission as set forth herein, then the Referral agrees that it irrevocably waives any claims based upon that Commission.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by submitting your request to Trybe Technologies Sdn Bhd, via the support email provided. We may terminate our participation in one or more offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
All Referrals are independent contractors of Trybe Technologies Sdn Bhd only.
A Referral’s relationship through the Referral program and with Trybe Technologies Sdn Bhd shall be treated as neither a partner nor an employee of Trybe Technologies Sdn Bhd. The Referral shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the Referral undertakes to compensate Trybe Technologies Sdn Bhd. in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the Referral in this case as an employee for the purposes of taxation and/or social security.
By being a Referral, Trybe Technologies Sdn Bhd is entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the Referral.
The Referral also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, the Referral’s Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Referral Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that TRYBE TECHNOLOGIES SDN BHD informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning Trybe Technologies Sdn Bhd or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Trybe Technologies Sdn Bhd or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by the Referral in connection with the Referral Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Trybe Technologies Sdn Bhd or Client, or as required by applicable laws regarding such Offers.
The following additional program-specific terms shall apply to any promotional programs set forth below:
No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Trybe Technologies Sdn Bhd in writing.
The Referral shall be prohibited to engage in any of the following:
Utilising search engine optimisation for brand bidding using Workforce brand name and any or all of its misspellings;
Utilising search engine optimisation to include Workforce URL in the display URL;
Utilising search engine optimisation to include the Referral Links in the destination URL;
Engaging in any and/or all direct marketing strategies through Facebook including paid advertisements utilising Workforce brand;
Partaking in online marketing campaigns in any and/or all of the following: The Referral Networks, Torrent sites, Streaming sites, Adult sites, websites promoting abusive, erotic, extremist, radical political content, sites with content unsuitable for adolescents, Links on other websites, pop-under or pop-ups, cookie dropping.
PROGRAM voucher codes. In the event of partial returns of orders, Trybe Technologies Sdn Bhd shall extend Commissions only on that part of the order which is successfully completed and has not been returned. For the avoidance of doubt there shall be no Commissions payable on any returned part of an order.
Except as otherwise provided in this Agreement or with the consent of Trybe Technologies Sdn Bhd , you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer lists, and pricing and sales information, concerning us or any of our referrals provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Referral Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. The Referral shall not use any information obtained from the Referral Program to develop, enhance or operate a service that competes with the Referral Program, or assist another party to do the same.
Limited License & Intellectual Property
We grant you a non-exclusive, non-transferable, revocable right to use the marketing materials solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Referral Program and assisting in increasing sales through the Referral Program. You may not alter, modify, manipulate or create derivative works of the Links or any Workforce graphics creative, copy or other materials owned by, or licensed to, Trybe Technologies Sdn Bhd in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Referral Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Trybe Technologies Sdn Bhd trademarks, service marks, copyrights, patents or trade secrets. You agree that Trybe Technologies Sdn Bhd may use any suggestion, comment or recommendation you choose to provide to Trybe Technologies Sdn Bhd without compensation. All rights not expressly granted in this Agreement are reserved by Trybe Technologies Sdn Bhd.
This Agreement shall commence on the date of our approval of your Referral Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Referral Program at any time by submitting your request to Trybe Technologies Sdn Bhd, via the support email provided. We may terminate our participation in one or more offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement Trybe Technologies Sdn Bhd reserves the right to withhold and freeze any unpaid Commissions if Trybe Technologies Sdn Bhd determines that you have violated this Agreement, (ii) Trybe Technologies Sdn Bhd receives any complaints about your participation in the Referral Program which Trybe Technologies Sdn Bhd reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Referral Program. Such withholding or freezing of Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Trybe Technologies Sdn Bhd reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other referral or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Referral Program. Trybe Technologies Sdn Bhd shall make all determinations about fraudulent activity in its sole discretion.
Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Trybe Technologies Sdn Bhd represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Trybe Technologies Sdn Bhdown business operations or Trybe Technologies Sdn Bhd proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Referral Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Trybe Technologies Sdn Bhd may change, suspend or discontinue any aspect of an Offer. The Referral agrees to promptly implement any request from Trybe Technologies Sdn Bhd to remove, alter or modify any Link, graphic or banner ad that is being used by the Referral as part of the Referral Program.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Referral Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Referral Program.
THE REFERRAL PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN
CONNECTION THEREWITH, ARE PROVIDED TO THE REFERRA "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, Trybe Technologies Sdn Bhd EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Trybe Technologies Sdn Bhd DOES NOT WARRANT THAT THE REFERRAL PROGRAM WILL MEET THE REFERRAL'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE REFERRAL PROGRAM WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. Trybe Technologies Sdn Bhd EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. Trybe Technologies Sdn Bhd DOES NOT GUARANTEE THAT THE REFERRAL WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.