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
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
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
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
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.
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.
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
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
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.
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.
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.
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
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.
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.