Success Fee Rules
Last Updated: November 16, 2021
Bravado Network, Inc. (“Bravado” or the “Company”) has a Jobs marketplace (the “Bravado Jobs”) that you may participate in by: (1) actively “opting-into” Bravado Jobs; and (2) completing a Bravado Jobs Survey and submitting it to Bravado. If you “opt-into” Bravado Jobs and complete a Bravado Jobs Survey you are agreeing that:
- third party employers who are not affiliated with Bravado (each a “Third Party Employer”) may ask Bravado to (i) search Bravado’s databases of community users (including you) who have “opted-into” Bravado Jobs (the “Eligible Users”) and (ii) provide to Third Party Employers a listing of Eligible Users who would be likely to be interested in the position(s) being offered by the Third Party Employers; and
- Third Party Employers may contact you about the positions they are offering in connection with Bravado Jobs.
In connection with Bravado Jobs, Bravado is offering a success fee (each a “Success Fee”) as described in these Success Fee Rules (these “Success Fee Rules”).
SUCCESS FEE DETAILS
Subject to the terms of these Success Fee Rules, Bravado agrees to pay an Eligible User:
- who “opted-into” Bravado Jobs on or before November 8, 2021, a one-time Success Fee of $2,500 to be paid within thirty (30) calendar days of such Success Fee being Earned (as described below).
- who “opted-into” Bravado Jobs after November 8, 2021, a Success Fee of $1,000 to be paid within thirty (30) calendar days of such Success Fee being Earned.
To “Earn” a Success Fee, an Eligible User must: (a) be hired for a full time position by a Third Party Employer through the use of Bravado Jobs; (b) provide its signed offer letter or employment agreement with a Third Party Employer to Bravado by e-mail within ten (10) calendar days of the Eligible User’s first day of employment with a Third Party Employer; (c) inform Bravado by e-mail of the Eligible User’s first day of employment with a Third Party Employer; (d) be continuously employed by a Third Party Employer for a period of ninety (90) calendar days after the Eligible User’s first day of employment with such Third Party Employer (each a “90 Day Period”); and (e) provide Bravado by e-mail with a fully completed and signed Form W-9 on or before thirty (30) calendar days after the end of the applicable 90 Day Period. For purposes of clarification, a Success Fee is not deemed to be Earned until all of the events listed in clauses (a) through (e) of the previous sentence are completed and only when the last of those events are completed. All submissions to Bravado by e-mail should be submitted to [Finance@bravado.co].
Bravado may pay a Success Fee to an Eligible User in any form (e.g. check, ACH deposit, gift card, etc . . .) in its sole discretion. If an Eligible User desires that a Success Fee be paid by:
- check, the Eligible User must designate that preference in their Bravado Jobs profile and provide Bravado with their mailing address in their Bravado Jobs profile;
- ACH deposit, the Eligible User must designate that preference in their Bravado Jobs profile and provide Bravado with their: (a) bank name and address; (b) bank ABA number; (c) account name; and (d) account number, in their Bravado Jobs profile;
provided however, that Bravado, in its sole discretion, does not need to honor an Eligible User’s request as to the form in which they want to receive a Success Fee.
Notwithstanding anything in these Success Fee Rules to the contrary no employee of Bravado or any of its affiliates is eligible to receive a Success Fee.
By “opting-into” and/or using Bravado Jobs, each Eligible User hereby:
- acknowledges and agrees that: (a) such Eligible User is not an employee, consultant or service provider of Bravado or any of its affiliates; and (b) Bravado is not making any decisions with regard to the hiring, employment and/or termination of employment of any Eligible User and that all such decisions are made solely by Third Party Employers.
- authorizes Bravado to contact any Third Party Employer with which they are associated and ask for any information which Bravado determines is reasonably necessary to confirm an Eligible User’s eligibility for a Success Fee.
- Bravado may interpret any provisions of these Success Fee Rules, correct any defect in these Success Fee Rules, supply any omission from these Success Fee Rules and make all other determinations in the judgment of Bravado to be necessary or desirable for the administration and/or implementation of these Success Fee Rules. All such actions shall be final and binding on all interested parties.
- releases Bravado and its parents, subsidiaries and each of their respective present and former directors, officers, equity owners, employees, representatives, agents, attorneys, insurers, successors and assign from any and all claims, demands, damages, debts, liabilities, obligations, accounts, reckonings, costs, expenses, liens, actions or causes of action of every kind and nature whatsoever, known or unknown, which such Eligible User ever had, now has or which such Eligible User can, shall or may have on account of, or arising out of, such Eligible User’s employment or service provider status with any third person or entity, including, but not limited to, a Third Party Employer. Each Eligible User acknowledges that the release contained in this paragraph extends and applies to all unknown, unforeseen, unanticipated and unsuspected injuries, damages, losses and liabilities and the consequences of such claims. The provisions of any state, commonwealth, federal, local or territorial law or statute providing in substance that a release shall not extend to claims, demands, injuries and damages which are unknown or unsuspected to exist at the time to the person executing such release are hereby expressly waived.
Bravado reserves the right to terminate or change these Success Fee Rules, in whole or in part, in its sole discretion, at any time and for any reason without advance written or oral notice to any Eligible User; provided however, that Bravado agrees that it shall not terminate or change these Success Fee Rules in a way which adversely affects an Eligible User with regard to a Success Fee that has already been Earned.
Each Eligible User understands and agrees: (1) that Bravado shall not deduct any taxes, withholdings and other charges required by applicable federal, state, local, or foreign law (“Taxes”); (2) that Bravado will issue a Form 1099 to each Eligible User who receives a Success Fee reflecting the Success Fee paid; and (3) such Eligible User, if they receive a Success Fee, will be responsible for paying all of the applicable Taxes associated with such Success Fee.