This change in policy terms represents a InterExchange Au Pair USA’s referral policy starting January 1, 2019.
In order to encourage families to apply for a life changing cultural exchange experience through our InterExchange Au Pair USA Program (“Program”), InterExchange has instituted a Referred Host Family Bonus Promotion (“Promotion”). InterExchange is providing the terms and conditions of the Promotion to help both the Referring Party and Referred Host Family understand each party’s rights and obligations. If either party has any questions regarding the Promotion, InterExchange encourages the party to contact InterExchange management for assistance. By submitting a family for consideration as a Referred Host Family or submitting an application (whichever is applicable), the Referring Party and the Referred Host Family agree that the Terms and Conditions of the Promotion constitute a binding legal agreement. These Terms and Conditions govern all aspects of participation in the Promotion. Having understood the nature of the Promotion and Bonus, each party hereby agrees to the following terms and conditions:
Definitions. The following definitions are made a part of the Promotion:
“Bonus” herein is defined as the amount paid as required under the terms of the Promotion to the Referring Party when the Referred Host Family meets Eligibility Requirements.
“Promotion” shall mean the Referred Host Family Bonus marketing campaign and the terms and conditions set forth herein.
“Referred Host Family” shall mean the Host Family referred by the Referring Party.
“Referring Party” shall mean the party recommending the Referred Host Family to InterExchange if both parties meet the requirements described in the Terms and Conditions.
Void. The Promotion and Bonus are void where restricted or prohibited by law.
Eligibility Requirements. The parties shall meet the following eligibility requirements:
Referring Party. The Referring Party is eligible for a Bonus if the following terms and conditions are met:
Referring Party may either be a current or former Host Family, Au Pair, Local Coordinator, or Staff Member.
The Referring Party consenting to the Promotion is 18 (or 19 or 21 where applicable) and is authorized to consent to the terms and conditions of the Promotion.
The Referring Party has obtained consent from the Referred Host Family to share personal information with InterExchange in order for InterExchange to contact the Referred Host Family for consideration as a potential Host Family in the Program.
If the Referring Party is an Au Pair in transition (rematching), the Au Pair cannot earn the Bonus for a family the Au Pair recruits to be the Au Pair’s family.
If the Referring Party is an out-of-country Au Pair, the Au Pair cannot earn the Bonus for a family the Au Pair recruits to be the Au Pair’s family as a “pre-match” (i.e., They found each other on a third party site.), cannot earn the Bonus).
All information requested about the Referring Party must be submitted in the manner required by the Program. A failure to submit information as required may be grounds for denial of the Bonus.
Referred Host Family. In order for the Referring Party to be eligible for the Bonus, the Referring Party agrees to only submit potential Referred Host Families, who meet the following requirements:
The Referred Host Family member consenting to the terms and conditions of the Promotion is 18 (or 19 or 21 where applicable) and is authorized to consent to participate in the Program and Promotion.
InterExchange approved the Referred Host Family, and Referred Host Family signed up for a minimum Program of six (6) months (i.e., a contract for a Program in which the Au Pair lives with the Host Family for six (6) months or more).
The “Match” was confirmed and approved by InterExchange Au Pair USA and the Referred Family passes all background checks.
All information requested about the Referred Host Family must be submitted in the manner required by the Program. A failure to submit information as required may be grounds for denial of the Bonus.
A prospective Host Family, who submitted inquiries to InterExchange about the Program before being submitted as a Referred Family, is ineligible to be considered as a Referred Family for the purpose of the Bonus.
A prospective Host Family, who applied previously to the Program before being submitted as a Referred Family, is ineligible to be considered as a Referred Family for the purpose of the Bonus.
Qualifying as a Referred Host Family. In addition to meeting the Eligibility Requirements described above, the Referred Host Family must meet the following qualification in order for the Referring Party to receive the Bonus:
A Host Family may only be submitted by one Referring Party. In compliance with the Additional Bonus terms, only the one (1) Bonus will be given to the Referring Party per Referred Host Family, which means that in the event of two Referring Parties claiming to have referred a Host Family, InterExchange will conduct an investigation by asking the Referred Host Family to identify or verify the party that referred the Host Family. If a Referred Host Family cannot or will not identify or verify the Referring Party, InterExchange will settle the dispute based upon the first party to submit the Referred Host Family to InterExchange. The results of InterExchange’s investigation and/or any determination shall be final.
The Bonus shall apply to new Host Families only, and not to Host Families currently or previously in the Program (e.g., the Bonus does not apply to a reapplying Host Family or existing Host Family)
How to submit. Any Referring Party who meets the eligibility requirements and applies to the promotion by submitting the name and contact information for a Referred Host Family through Passport during the duration of the Promotion shall be entered into the Promotion. Further, any Referring Party who is identified as such on the Referred Host Family’s Program Application will be enrolled in the promotion.
Verification & Disqualification. InterExchange reserves the right to verify the identity, eligibility and qualification of any Referring Party or Referred Host Family in the Promotion and to disqualify the Referring Party from receiving the Bonus if it is determined that the Referring Party or Referred Host Family has not complied with the rules of the Promotion, and/or has provided false or misleading information.
Duration. This Promotion starts on January 1, 2019 at 12:01 AM EST and ends when InterExchange decides to end the promotion.
Bonus. The Referring Party shall receive a Bonus as follows for submitting a Referred Host Family that meets the terms and conditions set forth herein:
For a current Host Family, Au Pair, Local Coordinator, or Staff Member, the Bonus is $250.00.
For a former Host Family, Au Pair, Local Coordinator, or Staff Member, the Bonus is $100.00.
If the Referring Party is a current Host Family or Au Pair, the Local Coordinator assigned to the Referring Party shall also receive a $100 bonus for each referred family who meets all requirements. This amount shall be paid through LC Payroll as a taxable amount.
Additional Terms and Redeeming the Bonus.
There is only the one (1) Bonus amount per Referred Host Family.
Referring Party shall not redeem any Bonus if the Referring Party owes an outstanding balance to InterExchange for any reason. Instead, the Bonus amount will be applied to the Referring Party’s balance due.
Upon verifying the identity of Referring Party and the Referred Party meeting the Eligibility requirements of the Bonus, the Bonus will be mailed to the address on file for the Referring Party in the form of a check equaling the Bonus amount.
Taxes. The total Bonus awarded under the Promotion will be reported in the name of the recipient on IRS Form 1099. Any group, agent or individual receiving a Bonus under the Promotion will be solely responsible for payment, if any, of all associated taxes.
Transferable. The Bonus is not transferable or assignable. The Bonus is not subject to substitution.
Prohibited Conduct. The following conduct is prohibited: (a) Conduct, or solicit the performance of, any illegal activity; (b) Distribute Link via bulk, automated or spam email; (c) Create multiple accounts using false personal information; (d) Impersonate, or otherwise misrepresent another’s identity; (e) Stalk, harass, or harm another individual; (e) Collect or store personal data about others that one is not authorized to collect or store; (f) Interfere with participation in the Program or Promotion; (g) Interfere with, disrupt the servers or networks connected to the Program or Promotion; or disobey any requirements, procedures, policies, or regulations of such networks; (h) Attempt to gain unauthorized access to the Program or Promotion, or to other accounts, computer systems, or networks connected to the Program; (i) Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (j) Resell, barter, trade, auction or otherwise generate income by providing access to the Promotion or the Program.
Conduct, Modification & Termination. If the Referred Host Family of the Referring Party does not participate in the Program, the Promotion and Bonus are offered at the discretion of InterExchange. Provided that the Referred Host Family of the Referring Party does not participate in the Program, InterExchange reserves the right, without limitation, to terminate, cancel, suspend, or modify the Promotion or Bonus or alter, add or delete terms and conditions of the Promotion or Bonus at any time without notice. InterExchange reserves the right to exclude individuals, restrict eligibility or terminate the Promotion or Bonus due to any abuse, misrepresentation or any conduct detrimental to the interest of InterExchange. Abuse, fraud, misrepresentation or detrimental conduct may result in InterExchange ending a Host Family or Au Pair Program or denial of an application if a violation of the Terms and Conditions of the Promotion is discovered. InterExchange reserves the right to prosecute abuse, fraud, misrepresentation or detrimental conduct to the fullest extent of the law.
Privacy & Spam.
Avoid Spamming. Referring Party agrees to only submit Referred Host Family with whom the Referring Party is in an existing relationship, whether personal or business, prior to having entered the Referred Host Family to receive marketing regarding the Program. If a Referring Party submits a Referred Host Family, who is not in fact in a personal or business relationship with the Referring Party, the Referring Party will be disqualified from receiving a Bonus, barred from further participation in the Promotion and may be subject to the end of the Referring Party’s Program (if applicable) or legal action by InterExchange.
Publicity. By submitting for the Promotion, the Referring Party consents to the use, re-use, publication and/or republication of their name, title, company name, photograph, image or likeness in any media for any advertising, business or commercial purpose related to the Bonus or Promotion, without receiving any additional compensation. The Referring Party agrees to use commercially reasonable efforts to be available for any photo opportunity, as reasonably requested. The Referring Party agrees to sign any additional documentation as required by InterExchange to protect InterExchange’s rights under this clause.
Intellectual Property. The InterExchange logo and its other intellectual property are the intellectual property of InterExchange.
Warranty. InterExchange makes no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Promotion or Bonus. No warranties are made as to the Referring Party or Referred Party’s application process or that the functioning of the website will be uninterrupted or error free with regard to submissions or the Bonus or Promotion. Use of the website is at the user’s own risk.
Notice. The Referring Party and Referred Party are responsible for communicating name and address change information to InterExchange.
Liability. By submitting for the Promotion, Referring Party agrees to hold InterExchange and its employees, directors, officers, licensees, licensors, shareholders, attorneys, contractors and agents including, without limitation, advertising and promotion entities and any person or entity associated with Bonus or the production, operation or administration of the Promotion as harmless and not liable for the Bonus or the Promotion and indemnify all claims, demands, damages, losses, liabilities, costs or expenses (including, without limitation, attorney’s fees) caused by, arising out of, in connection with, or related to the Bonus or Promotion.
Dispute & Applicable Law. In the event of any controversy or dispute regarding the Bonus or the Promotion, any determination by InterExchange will be final and conclusive for all purposes. The laws of the State of New York govern the Bonus and the Promotion and its Terms and Conditions. If any legal action arises relating to the Promotion, the Bonus or the Terms and Conditions, the parties agree the legal action may only be brought through arbitration in New York City, New York. Parties further agree not to participate in a class action arising out of or concerning the Bonus, the Promotion or the Terms and Conditions. If the arbitration clause of the Terms and Conditions is found to be unenforceable, the parties agree that the state and federal courts located in New York City, New York shall have exclusive jurisdiction to hear and determine any claims, disputes, actions or suits arising out of, or relating to, the Bonus, Promotion or Terms and Conditions.
Administrator of the Promotion. The Promotion and Bonus are administered by InterExchange, Inc., which is located at 100 Wall Street, Suite 301, New York, NY 10005 (“Administrator”).