Description of the Program

PLEASE NOTE THAT THE UPWARDS TERMS OF SERVICE AND PRIVACY POLICY THAT YOU HAVE PREVIOUSLY AGREED TO APPLY TO YOUR PARTICIPATION IN THE CAREGIVER AND/OR CHILD REFERRAL PROGRAM AND YOUR USE OF THE TOOLS AND WEBSITES PROVIDED BY UPWARDS. THESE PROGRAM TERMS AND CONDITIONS (“TERMS”) SUPPLEMENT THE UPWARDS TERMS OF SERVICE AND PRIVACY POLICY. PLEASE CONSULT THE UPWARDS TERMS OF SERVICE AND PRIVACY POLICY BEFORE AGREEING TO THESE ADDITIONAL TERMS AND CONDITIONS.

Last Updated: March 30, 2018

Upwards Caregiver Referral Program

The Upwards Caregiver Referral program (“Caregiver Program”) permits Upwards Caregivers (Referring Caregivers) to earn payments (see Payment section below) by referring to Upwards first time, new Caregivers (“Referred Caregivers”) who sign a contract, submit their licensing application, receive their license facility number and will operate their daycare through Upwards' services. Only Caregivers who have signed a contract, submitted their licensing application, received their temporary license facility number and will operate their daycare through Upwards' services are available to participate. A signed contract is a 2 year contract that is signed by a Referred Caregiver with Upwards that outlines the Referred Caregiver's use of Upwards' services to help them start, operate and manage their own home daycare. A submitted licensing application is a complete application that is submitted to a state's governing entity that oversees the licensing of home daycares. A license facility number is received after the state licensing authority has received the completed application and has started to process the application.The Referred Caregiver must have paid for their own licensing fees and any other required fees that are part of the licensing process. The Referred Caregiver must also not have had a criminal record that would prevent them from opening a home daycare and must own or rent a home that is suitable to open a home daycare. If the application is rejected due to an incomplete application, criminal record or a non-suitable home, then the Referring Caregiver will not earn a payment for the referral.

To participate, Referring Caregivers must agree to these Terms.

Upwards Child Referral Program

The Upwards Child Referral program (“Child Program”) permits individuals (Referring Individuals) to earn payments (see Payment section below) by referring to Upwards first time, new children that enroll at a Upwards. A new child is a child that has never had a deposit to hold a spot or been enrolled into a Upwards. The child must have visited Upwards through the Referring Individual’s unique referral URL for the individual to get payment for the referral. Referring Individuals will receive payment for each child enrolled at Upwards for the first time.

To participate, Referring Individuals must agree to these Terms.

Term

This Program will run until Upwards posts a message on this page that the Program is no longer in effect. If a Caregiver that you referred before the end of the Program gets their license application submitted, you will still receive a payment for the referral.

Your referrals

You may not represent yourself as an employee, intermediary or agent of Upwards or as being authorized to bind the Company. However, you must state that you are a Referring Caregiver or Individual who is encouraging Caregivers or Parents to utilize Upwards to start their daycare or to enroll their child in the daycare.

You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted, and you should not solicit potential caregivers who have criminal backgrounds, or unsuitable homes or would not be able to afford to start a daycare or potential parents who have children who cannot enroll at a Upwards. You agree and represent that you will always respect the privacy of others (i.e. do not spam), and be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead). Make sure to tell your friends and others who you invite to join Upwards to check the laws that may apply to them and to educate them about what it takes to be a responsible caregiver or parent.

You agree that you will not set up accounts on behalf of Referred Caregivers or Parents and that you will not be eligible for payments if you are in breach of these Caregiver Referral or Parent Program Terms.

Payment

You will receive $100 USD payment after a Referred Caregiver has signed a contract, submitted their licensing application and received their license facility number or you will receive $100 USD payment per child after a Referred Parent has made their first tuition payment for their child(ren). The payment will be paid through our platform and will require you to enter your bank account information before payment is issued. Once your bank account has been linked and approved, you should expect payment to arrive in your account after 5-7 business days of processing.

In order for a Referring Caregiver to qualify for payments, the Referred Caregiver must complete their licensing application within 45 days from the date they sign their contract with Upwards. All Referred Caregivers must be new, first time contract signers with Upwards.

In order for a Referring Individual to qualify for payments, the Referred Child must complete their first tuition payment for the referral payment to be made to the Referring Individual. All Referred Children must be new, first time children that have never had a deposit put down for them or have been previously enrolled at an Upwards daycare.

Whether a payout is paid shall be determined in the sole discretion of Upwards. Upwards reserves the right to pursue any remedy, including denial of credit or cancellation of your account, if fraud, tampering or other violations of Upwards' Terms of Service or these Terms are suspected.

Additional Incentives and Programs

From time to time, Upwards may publicize additional incentives and programs applicable to particular markets. Such announcements will include specific information regarding the requirements for receiving such incentives in that market.

Nature of Relationship

You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.

Warranties

You represent and warrant that: (a) you have all necessary consents and permits to participate in this Program, (b) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under this Agreement, (c) you will fully comply at all times with all applicable laws and you will not infringe on the rights of Upwards or any third-party.

Indemnity

You will defend, indemnify and hold Upwards harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Program.

Termination

Upwards may terminate your participation in the Program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

Exclusion and Limitation of Liability

In no event will Upwards be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages. In no event will the Company’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the credits you have earned in accordance with this Agreement.

Modification

Upwards reserves the right, at its sole discretion, to modify the program at any time by posting an update on this page. By continuing to access the platform or recruit Referred Caregivers or Parents, you agree that these Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to terminate your participation in the Program.