Thank you for your interest in referring Homebase to other business owners! We’re excited that you’re excited to empower more small businesses to more easily manage their team operations. Homebase offers a suite of solutions to manage work schedules, time clocks, payroll, and HR needs and currently powers over 100,000 local small businesses.

This User Referral Agreement (this “Agreement”) is made by and between Pioneer Works, Inc., dba Homebase (“Homebase”, “we”, “us” or “our”) and you (the “User”, “you” or “your”). If you are entering into this Agreement on behalf of a company, “User”, “you” and “your” shall refer to such company. By applying for Homebase’s User Referral Program (the “Program”), you agree to be bound by all of the terms and conditions of this Agreement if you participate in this Program, and this Agreement shall become effective on the date of your Homebase account creation.

You must read, agree, and accept all of the terms and conditions contained in this Agreement, including Homebase’s Privacy Policy and Homebase’s Terms of Use, before you participate in our User Referral Program.

DEFINITIONS

Unless defined elsewhere in the Agreement, capitalized terms set out in the Agreement are defined as follows:

“Customer” or “You” means an individual or entity that has agreed to the terms of this Agreement.

“Customer Account” means a Homebase account.

“Commissions” means the agreed upon payment amount for Referred Customers in accordance with the payment terms outlined in this Agreement. Commissions will be paid by Homebase as outlined in this Agreement.

“Employee Activation Events” means a Referred Customer’s employee (not the Referred Customer), logs into the Homebase Service and completes qualifying actions such as, but not limited to, checking their schedule, clocking in for a shift, messaging their teammates, requesting time off.

“Homebase Trademarks” includes the trademarks, logos, service marks, trade names of Homebase and Pioneer Works, Inc. including, but not limited to, the following terms: Homebase, Homebase Payroll, Homebase HQ, Homebase Benefits, Homebase Coupon, joinhomebase.com and Buy Homebase. Keyword targeting (exact or broad match types) is not allowed.

“Licensed Materials” means any marketing or promotional materials relating to Homebase brand, products, or services including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images, videos, and the Homebase Trademarks.

“Referral Link” or “Referral Links” means the unique user link generated within your Homebase profile to track your referral activities. It may be shared and included on Websites in accordance with the Agreement.

“Referred Customer” means any unique Customer that (a) owns a company located in the United States or Canada; (b) successfully completes Registration via joinhomebase.com (on desktop web or mobile web) or via Android or iOS Homebase Employee Scheduling app; (c) had clicked on an Customer Referral Link that actively promoted the Service; and (d) completes the required Employee Activation Events as set forth in this Agreement.

“Registration” means a successfully created Homebase account with a valid email and phone number.

“Service” means the Homebase platform available via www.joinhomebase.com and any associated websites, products or services offered by Homebase.

“Paid Subscription” means Customer selects any paid monthly or annual subscription plan such as Essentials, Plus, or All-in-one. Paid Subscription does not apply to the Basic plan, free trial periods, or the Homebase Payroll Service.

“Websites” means any websites or platforms (including, without limitation, social media pages) that are owned, operated, managed, controlled by Customer.

PROGRAM DETAILS

Enrollment:

All Homebase Customers are automatically enrolled and a unique Referral Link is generated at the time of Customer Account creation. Homebase reserves the right to remove or modify the User Referral Program at any time, for any reason, in its sole discretion. Homebase employees are not eligible for the User Referral Program.

Your Responsibilities

You will agree to add all Homebase Trademarks as negative keywords to any marketing campaigns, including but not limited to, search engine marketing.

You must comply with all applicable laws, regulations and industry standards, including without limitation, those related to privacy and security, advertising (including, where applicable, the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising found at www.aboutads.info, the CAN-SPAM Act of 2003 and Federal Trade Commission disclosure requirements, each as may be amended from time to time), unfair and deceptive trade practices, gambling, contest and sweepstakes, and intellectual property.

Marketing emails sent to your list of contacts must contain individuals who have expressly elected to receive emails from you (“Opt-in List”). You must include your contact information and option to “unsubscribe” in any email regarding Homebase or the Service.

Where applicable, you must include a disclosure statement within any and all Websites where Links from the Program are posted as an endorsement or review, and where it is not clear that the Link is a paid advertisement. Such disclosure statements should (a) disclose that we’re compensating you for your endorsement or review; (b) be clear and concise; and (c) be as close as possible to the claims. Scrolling should not be necessary to find the disclosures. Pop-up disclosures are prohibited.

Links:

Referred Customers must sign up from the Referral Link in order to qualify for the Referral bonus. You cannot modify the Link in any way, including, but not limited to, appending additional tracking parameters or codes, URL masking or redirecting, or cookie stuffing.

Websites:

Links and Licensed Materials placed within Websites must (a) be in accordance with this Agreement and any other specifications that Homebase may provide to you from time to time in connection with the Program; (b) link directly to the Homebase website via your unique Referral Link, with no redirection, site framing, pop-up windows, downloaded software, toolbars, browser plug-ins or extensions; (c) not be false, misleading, or masked. You may only use Licensed Materials as provided by Homebase and cannot create materials that may be misinterpreted as Homebase Licensed Materials.

Commissions:

You will be paid commissions for Referred Customers in accordance with the payment terms set forth in this Agreement (“Commissions”). Homebase reserves the right to determine, at its sole discretion, (a) whether a customer referred via the Program qualifies as a Referred Customer; (b) whether to withhold, reverse, or void any Commissions. Commissions may vary based on the terms and offers Homebase provides to you at the time of the Referred Customer sign up.

If a Referred Customer has interacted with multiple Referral Links, Homebase will only award the Commissions for the Referred Customer to the first Referring Link, as determined by Homebase in its sole discretion.

To qualify for the Commission, the Referred Customer must (a) sign up for the Service via your Unique Referral Link; (b) upgrade to a Paid Subscription within thirty (30) days after their free trial expires; (c) successfully completed payment of any amounts due to Homebase; and (d) must be their first Homebase registration ever. Any cancellation of the Referred Customer’s Paid Subscription earlier than sixty (60) days will not be eligible for the Commissions. Commissions will be paid to the Customer within sixty (60) days after the Referred Customer completes these required qualifying actions.

You will only be paid one Commission per unique Referred Customer for their initial sign up. Referred Customers who open multiple locations or create multiple companies do not incur additional Commissions.

If you breach the Agreement or otherwise engage in any behavior that Homebase deems improper, as determined by Homebase in its sole discretion, you will not receive any Commissions.

Homebase reserves the absolute right, which it may exercise at any time for any reason, without any liability to you, to cancel, reduce or reverse Commissions, modify the payment terms on the Agreement or suspend you from the Program.

Homebase may ask you to provide additional information or clarification on any Referred Customers, and you must respond promptly and honestly. You may only claim credit or commission for a referral or lead under one Homebase marketing program or promotion. Homebase may void and reverse all credits or commissions for a lead if you claim it under more than one Homebase marketing program or promotion. In addition, Homebase may suspend or terminate your participation if you fail to provide information that may be required for tax reporting purposes.

Unauthorized and Prohibited Activities

You will not:

Refer yourself under another email address with the intention of gaining Commissions
Be a current employee, contractor, or affiliated with Homebase or Pioneer Works, Inc.
Promote or advertise Homebase on sites in the following categories: coupon, deal, discounts, loyalty, spyware, adware, malware, phone/text advertisers, “get paid to click” or other incentivized sites, or display any offer on a public-facing page or through the use of a “click to display” offer code;
Use its Link directly in any pay-per-click advertising;
Purchase search engine or other pay-per-click keywords (such as Google Ads), Homebase Trademarks or any variations, misspellings thereof that may be deceptively or confusingly similar to the Homebase Trademarks;
Create or participate in any third party networks or sub-affiliate networks without the express written permission from Homebase;
Use Homebase Trademarks in such a way that confuses or deceives the user into believing Homebase is endorsing Customer;
Spam forums or community groups with your Referral Link;
Purchase email lists to promote Homebase with your Referral Link;
Add people to your email lists without their permission;
Send emails to your customer lists to promote the Services without prior written permission from Homebase;
Send emails that mimics the look and feel of the Homebase brand without prior written permission from Homebase;
Use or encourage any means of delivering fraudulent traffic, including but not limited to, bots or toolbar traffic, cookie stuffing, masked or misleading links
Offer cash, rebates, incentives or deals to generate Referred Customers
Solicit Referred Customers to leave the Homebase service;
Make false, misleading or disparaging representations or statements with respect to Homebase

License:

During the term of this Agreement, Homebase grants to you a limited, non-exclusive, non-transferable, worldwide, revocable license (the “License”) (a) to publish and display your Referral Link to the Homebase service on your Websites, solely in accordance with this Agreement, and solely as required to allow prospective customers of Homebase to obtain access to the Homebase website, as applicable; and (b) to publish and display any provided Licensed Materials, solely to represent Homebase as a Customer on your Websites or as otherwise authorized by Homebase in writing. You may not alter the Licensed Materials in any way without Homebase’s prior written approval, and any use of the Licensed Materials must be in accordance with this Agreement.

You agree that all uses of the Licensed Materials will be on behalf of Homebase and that any goodwill associated with your use of the Licensed Materials will inure to the sole benefit of Homebase. Homebase retains all right, title, ownership and interest in the Links, Licensed Materials, Service, and its other intellectual property, including any and all copyright, trademark or other proprietary rights therein, and Homebase may immediately revoke or adjust the License at any time upon written notice (including by email).

Nothing in this Agreement shall be construed to grant you any right, title or ownership in Homebase’s intellectual property. You represent and warrant that your intellectual property does not violate or infringe any right of privacy, personality or publicity, trade secrets, patents, copyrights or trademarks under the laws of any governmental authority, domestic or foreign, or any other right of any third party.

Reservation of Rights:

Homebase reserves all rights other than those expressly granted in this Agreement, and grants no licenses except as expressly set forth herein. Homebase may, in its sole discretion (a) change the Homebase product pricing with or without notice to you; and (b) reject any order or customer registration. Homebase also reserves the right to remove you from the Program at any time and terminate this Agreement in accordance with the Termination provisions contained herein.

Termination:

This Agreement may be terminated by Homebase, with or without cause, immediately without written notice to you. Upon termination of this Agreement: (a) all licenses granted herein shall immediately terminate; (b) you shall immediately remove any and all Link(s) and Licensed Materials from your Website; and (c) any and all of your rights to payment hereunder shall cease immediately (other than with respect to any payments for the period prior to termination of this Agreement, unless termination is due to your breach of this Agreement). If Homebase terminates this Agreement due to your breach, you shall not be entitled to any payment otherwise payable to you under this Agreement from the date of the occurrence of such breach until the date of termination of this Agreement. The following sections shall survive termination of this Agreement: Confidentiality, Termination, and all Miscellaneous Terms.

Confidentiality:

All Confidential Information (as defined below) will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose the Confidential Information of the other party unless it receives the prior written consent of the disclosing party, or unless required by law or regulation. “Confidential Information” means any non-public information, including but not limited to non-public business, technical, financial and customer information, disclosed by one party to the other, that (a) is identified as “Confidential” or “Proprietary” at the time of disclosure; or (b) under the circumstances surrounding the disclosure, a person exercising reasonable business judgment would understand to be confidential or proprietary.

MISCELLANEOUS TERMS

Warranties: THE SERVICE, LINKS AND THE LICENSED MATERIALS ARE PROVIDED “AS IS” WITH NO WARRANTY. HOMEBASE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE, RELATED SITES, AND ITS PRODUCTS AND SERVICES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMEBASE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE OPERATION OF ITS WEBSITE AND RELATED SITES.

Limitation of Liability: IN NO EVENT SHALL HOMEBASE, ITS OFFICERS, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS) (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM; OR (B) FOR ANY AMOUNTS THAT EXCEED THE TOTAL COMMISSIONS PAID BY HOMEBASE TO YOU UNDER THIS AGREEMENT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IN EACH CASE, WHETHER OR NOT HOMEBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification:

You hereby agree to defend, indemnify and hold harmless Homebase and its subsidiaries and affiliates, and their respective directors, officers, employees, agents, stockholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees (the “Losses”) insofar as such Losses (or related actions) arise out of or relate to: (a) any claim that the Materials infringe the intellectual property or other rights of a third party; (b) your use of the Licensed Materials, to the extent that such use is not in accordance with this Agreement; (c) any breach of representation or warranty by you; (d) any breach of any of your obligations herein; or (e) your fraudulent activity, gross negligence or willful misconduct.

Authority and Relationship:

If you are entering into this Agreement on behalf of your company, you represent to Homebase that you have all requisite corporate power and authority to enter into this Agreement on behalf of your company, and that this Agreement will constitute the legal, valid and binding obligation of your company. You represent to Homebase that you are 18 years of age or older at the time of your application. You and Homebase have an independent contractor relationship, and nothing in this Agreement creates any partnership, joint venture, agency or employment relationship between the parties. You will have sole responsibility for your taxes, expenses and agents.

Other Terms:

This Agreement constitutes the entire agreement between you and Homebase with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between you and Homebase with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be valid and binding and of like effect as though such invalid or unenforceable provision were not included. You may not assign all or any part of this Agreement without Homebase ‘s prior written consent. Subject to the foregoing restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties hereto and their respective successors and assigns. Homebase may, in its sole discretion, modify any provision of this Agreement without prior notice. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Program after Homebase notifies you of modifications to this Agreement will constitute your binding acceptance of the changes.