On call for Care Referral Program

These On Call for Care Referral Program Rules (“Program Rules”) govern your participation in the On Call for Care Referral Program. The Program Rules are in addition to any agreements between you and On Call for Care, including the On Call for Care Terms of Service, as applicable (collectively, the “On Call for Care Terms”). The On Call for Care Terms are incorporated by reference and shall apply to your participation in the On Call for Care Referral Program, including, if necessary, resolving any disputes between you and On Call for Care related to or arising out of the Referral Program. ON CALL FOR CARE, AT ITS SOLE DISCRETION, MAY MAKE AVAILABLE PROMOTIONS, REFERRAL PROGRAMS, AND LOYALTY PROGRAMS OR DECIDE TO DISCONTINUE ALL OR ANY PART OF THE AVAILABLE PROMOTIONS, REFERRAL PROGRAMS, AND LOYALTY PROGRAMS WITH DIFFERENT FEATURES TO ANY USERS OR PROSPECTIVE USERS.

Program Overview

The On Call for Care Referral Program (“Referral Program”) is offered by OnCall4Care, LLC. and its affiliates (together referred to as “On Call for Care”) and provides Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the On Call for Care community as new Contractors or Facilities. These Program Rules apply to both Referrers and referred Users (“Referred Users” or “Referred” Contractors and Facilities, respectively), so please read carefully to understand your respective rights and obligations.

Referrer Eligibility

To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of your country; (b) be the age of majority in your territory of residence; and (c) continue having On Call for Care accounts in good standing at the time of payout - if any of your On Call for Care accounts are permanently deactivated prior to payout, you will not be eligible to receive the Referral Bonus even if all other terms have been met.
Referrers may be Contractors or Facility Users. A single person may use the On Call for Care Platform in several ways (for example, as a Contractor and a Facility User). However, if you violate the Program Rules, the On Call for Care Terms of Service or any other applicable terms, On Call for Care may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts. For example, if you are a Contractor and/or Facility User and you engage in prohibited referral activity under your Contractor account, On Call for Care may terminate your ability to participate in the Referral Program under all of your On Call for Care accounts.

On Call for Care Codes

Under the Referral Program, On Call for Care may provide you with a unique alphanumeric code (“On Call for Care Code”) to distribute to eligible individuals to become new Contractors or Facility Users. On Call for Care owns all rights in and to any On Call for Care Code, and may reclaim, deactivate, invalidate or terminate your On Call for Care Code at any time at its discretion.

How to Refer Users

a. Referred Contractors.

Through the On Call for Care app, you may refer eligible individuals to become new Contractors on the On Call for Care Platform. In order to be eligible for a Referral Reward (defined below) for a new Contractor, the person must (i) have never previously created a On Call for Care account; (ii) be at least 18 years of age, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred Contractor.”

b. Referred Facility User.

You may refer eligible Executives to become new Facility Users on the On Call for Care Platform. In order to receive a Referral Reward for a new Facility User, the individual must (i) have (1) never previously been a Facility User or started an application to become a Facility User, or, (2) previously been a Contractor User, having completed their Contractor Profile before January 1, 2023, or the date specified in the Referral Criteria (a "Returning Contractor"); (ii) meet all eligibility requirements and be approved to be a new Facility on the On Call for Care Platform, and (iii) satisfy the applicable Reward Criteria. Previously approved Users, who have been deactivated by On Call for Care are not considered a new Facility User for the purposes of this promotion. On Call for Care Facility User eligibility and approval is determined at the sole discretion of On Call for Care, and is not guaranteed. The duration of the review process may vary. If these conditions are met, the person shall be considered your “Referred Facility.”

c. Invitations through the On Call for Care Platform.

You may invite your family and friends to become new Users directly through the On Call for Care Platform by entering or providing On Call for Care with your invitee’s contact information (all information collected by On Call for Care under the Referral Program shall be governed by On Call for Care’s Privacy Policy). Inviting an individual through the On Call for Care Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by On Call for Care. The Invitation may contain a promotional offer of On Call for Care credit to a new Contractor or a bonus to a new Facility. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the On Call for Care Platform). If your invitee follows the links in your Invitation and creates a On Call for Care account using the information provided, your On Call for Care Code will be automatically applied on the new User’s account application, as applicable. Note: On Call for Care does not accept Contractor referrals through the Facility application. If you wish to refer Contractors, please use the Contractor’s application.

d. Other Invitations.

You may also invite eligible individuals to become new Users by distributing your On Call for Care Code directly and instructing them to manually input your On Call for Care Code into the On Call for Care App. A Contractor will not be able to apply your On Call for Care Code if (i) they’ve already applied another User’s On Call for Care Code or a different promotion code, (ii) they’ve already received On Call for Care credit from On Call for Care or another source on their User account prior to entry of your On Call for Care Code, or (iii) they take a On Call for Care code prior to entering your On Call for Care Code in their Account. A Facility will not be able to apply your On Call for Care Code if they start their application without first entering your Code or with entering another User’s Code first. If a User does not enter your On Call for Care Code you will not receive attribution for the referral and they will not be considered your Referred Contractor or Referred Facility. On Call for Care reserves the right to supply new Users with On Call for Care credit or sign-on bonuses at its discretion.

Referral Rewards

a. General.

You are eligible to earn a referral incentive (“Referral Reward”) for each Referred Contractor and Referred Facility that you refer to the On Call for Care Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in your country of residence, and cannot be earned for cross-border referrals. As discussed above, in order to qualify as your Referred Contractor or Referred Facility the new User must satisfy the applicable reward criteria (“Reward Criteria”) as communicated to the Referred User by On Call for Care. The Reward Criteria are set by On Call for Care in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. On Call for Care, 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 On Call for Care.

If the new User that you refer satisfies the Reward Criteria, the type of Referral Reward you are eligible to receive may depend on (i) which On Call for Care User account you used to refer the new user (in general, Contractors can earn cash for Referred Facilities paid out in their weekly earnings, whereas Contractors receive On Call for Care credits in their On Call for Care account for other Referred Contractors – the credits can be used at the Users discretion and the Referral Reward may also vary depending on which User account you use), (ii) the On Call for Care region associated with your On Call for Care account (which may be the last location you have logged into the On Call for Care application), (iii) the On Call for Care region associated with the Referred User when they apply your On Call for Care Code, (iv) the On Call for Care region where the Referred User gave or took their first ride; or (v) other factors as determined and communicated by On Call for Care.

Both the Referrers and the Referred Users may be presented in the On Call for Care App with the amounts of the Referral Rewards they may receive if all the Referral 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 give or take their first on-demand work assignment or download the On Call for Care app, 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. On Call for Care will make a good faith calculation of such amounts based on the location of the Referrer and the Referred User. The Referrer and the Referred User will see the final applicable amount of their respective Referral Bonuses at the time when such Referral Bonuses are applied to their User Accounts and/or paid out.

b. Earning Referral Credits.

When you refer a New Contractor to the On Call for Care Platform you refer may earn you On Call for Care credits upon creating their new On Call for Care account (“Referral Credit”). Referral Credit is only valid for use on the On Call for Care Platform and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new Contractor. New Contractors should check the Promos tab within their On Call for Care app to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred Contractor must take their first On Call for Care On-Demand Work Assignment before the Referral Credit expires, but in no event later than thirty (30) days from the creation of their On Call for Care account. All terms and conditions for the distribution and use of Referral Credit are determined by On Call for Care in its sole discretion.

c. Maximum Referral Rewards for Referred Facilities.

The maximum amount of Referral Rewards that On Call for Care will pay for Referred Facilities is $2,500 per week (either in cash, On Call for Care credit, or a combination of the two). For example, if the Referral Reward is $500 per Referred Facility and you generate 20 Referred Facilities in a single week, the maximum you can earn is $2,500 (in cash or On Call for Care credit) for such week. This maximum Referral Reward amount shall apply across all of your On Call for Care accounts (Contractor (including if you happen to have two a Contractor user account) or Facility User Account). You may not create multiple On Call for Care accounts to circumvent the Referral Reward maximum, and On Call for Care may withhold or deny any amounts above the maximum Referral Reward. On Call for Care reserves the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits.

d. Earning Referral Rewards for Referred Contractor.

When you refer a new Contractor to the On Call for Care Platform you may be eligible for a Referral Reward if the Contractor is approved, satisfies the Reward Criteria, and is not waitlisted to become a Contractor. The applicable Reward Criteria varies by time, market, and promotion. Details about the applicable Reward Criteria for the Referred Contractor (if any) can be found in the On Call for Care Contractor App. As a standing rule, and unless modified by a specific offer's Reward Criteria, the new Contractor applicant must complete their Contractor application, become approved to work assignments on the On Call for Care Platform, and work an on-demand work assignment within 30 days of applying their On Call for Care Code to their account in order to be eligible to complete the Reward Criteria. If your referred Contractor is a Returning Contractor, the Contractor must become approved to work on the On Call for Care Platform and fulfill their first on-demand work assignment within 30 days of applying your On Call for Care Code to their account in order to be eligible to complete the Reward Criteria. In addition, the Reward Criteria for new Contractors always includes providing a certain number of on-demand work assignments on the On Call for Care Platform within a certain number of days of becoming approved to work (the specifics shall be confirmed upon application).

e. Maximum Referral Rewards for Referred Contractors.

On Call for Care reserves the right to set a maximum amount of Referral Rewards you can earn per week (or any other time increment) for referring new Contractors to the On Call for Care Platform. It is your responsibility to review the Program Rules for the current maximum limits. In addition to the foregoing, if you have received Referral Rewards for twelve (12) or more referred Contractors within one (1) calendar year starting midnight January 1, On Call for Care, at On Call for Care’s sole discretion, may automatically terminate your eligibility to participate in this On Call for Care Referral Program. Participation in all programs is subject to On Call for Care’s sole discretion and On Call for Care does not guarantee participation.

f. Resolving Disputes over Referrals.

Only one person can earn a Referral Reward for a single Referred Contractor or Referred Facility. In the event that multiple persons claim credit for a particular referral, On Call for Care has full discretion to determine which person earned such referral according to On Call for Care’s systems.

g. Reservation of rights.

On Call for Care reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that On Call for Care determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and On Call for Care.

Restrictions

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

a. No spamming. You agree that you will not “spam” anyone with invitations to join the On Call for Care community, and that you at all times will remain compliant with CAN- SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:

Mass emailing, texting or messaging people you do not personally know;
Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;
Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and
Posting Referral Codes on event or venue pages without express permission from the event or venue owner.

b. No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:

Impersonate any person or entity;
Create fake accounts, blogs, webpages, profiles, websites, links or messages;
Misrepresent your relationship with On Call for Care or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from On Call for Care.);
Suggest that an affiliation or partnership exists with a third party where none exists. Some examples include:
1. “Use code ‘JOGAN’ to get up to $10 off your On Call for Care ride to the US Open! #USOPEN #ON CALL FOR CARE”;
2. “Beyonce loves On Call for Care! Use code ‘JOGAN’ to get up to $10 off your On Call for Care ride to the Beyonce concert tonight!”; or
3. “Little monsters love On Call for Care! Use On Call for Care to get to the Gaga concert tonight!”; and
Don’t make misrepresentations with respect to the characteristics or qualification requirements for any Referral Rewards. You acknowledge that On Call for Care may change the characteristics or qualification requirements for Referral Rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of On Call for Care credit, expiration date).

c. Prohibited content. You agree that you will not use the On Call for Care brand without On Call for Care’s explicit written permission in connection with:

Disparaging or defamatory content concerning On Call for Care or third parties;
Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
Offensive, abusive, intimidating or harassing content
Content that is sexually explicit, obscene and/or contains nudity
Any political and/or religious statement;
Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
Content that violates someone else’s privacy

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

Specify the monetary amount of the Referral Code unless authorized by On Call for Care in writing;
Create websites, domains, URLs, social media handles or email addresses containing the word “On Call for Care”;
Use the names or marks of On Call for Care competitors;
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 “Coachella” would be prohibited);
Engage in phishing or attempting to obtain financial or other personal information;
Solicit passwords or personally identifiable information;
Sell your Referral Code. You agree that you will only distribute your On Call for Care Code free of charge only for promotional purposes. You may not sell, trade, or barter your On Call for Care Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any Referral Credit or collateral supplied by On Call for Care;
Violate or infringe the rights of a third party. You will not create any On Call for Care Code that infringes on the intellectual property rights of any third party. You will adhere to the license terms in any use of the On Call for Care Marks.
Advertise. You agree that you will not pay to advertise your On Call for Care Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
Create printed materials other than those authorized by On Call for Care (including but not limited to: VistaPrint)
Post printed materials on public or private property without the express written consent.
Engage in fraudulent activity. You agree that you and your Referred Users will not defraud or abuse (or attempt to defraud or abuse) On Call for Care, the terms of the Referral Program, or any invited Users.

If you violate any of these restrictions On Call for Care may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.

Other Terms

The following terms shall also apply to your participation in the Referral Program.
Referred Contractors who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other sign-on bonuses or sign-on guarantees;
Users cannot earn Referral Rewards for referring themselves;
In exchange for allowing you to promote your On Call for Care Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to On Call for Care’s promotion page (or such other page as On Call for Care designates);
All On Call for Care promotions run for a limited time only and are subject to change at On Call for Care’s discretion.