Referral Bonus Program — Terms
Fluency Legal is a brand of Fluency Digital, Inc.
Want the short version first? See how the program works.
These terms govern any referral bonus offered by Fluency Digital. By submitting a referral you accept them.
Eligible Roles only. A referral bonus is offered solely for roles that Fluency Digital has expressly designated as referral-eligible, whether in the role listing, on a Fluency Digital careers page, or in an email from Fluency Digital that references this program (each an "Eligible Role"). No bonus is offered or owed for any other role, and the absence of a designation means no bonus applies. If an Eligible Role's listing or designation states a different bonus amount, payment schedule, or condition, that listing or designation controls for that role.
1. How to refer
Submit the candidate's name through the referral form at /refer, or email it to [email protected]. Either method qualifies. Contact information helps but is not required. The date and time the form submission or the email is received by Fluency Digital's server is the Referral Time, and you will receive an emailed record of it. A referral sent to your recruiter instead is recorded when the recruiter forwards it to [email protected], and that forwarding time is the Referral Time; to fix your time yourself, use the form.
2. What earns the bonus
A bonus is earned only when all of the following occur:
- The candidate you named is submitted by Fluency Digital to a client for the Eligible Role or Roles your referral identified (the Referred Role(s)), or for another Eligible Role that Fluency Digital has elected to credit to your referral under Section 8;
- The candidate accepts an offer and starts employment with that client as a result of that submission; and
- Fluency Digital receives its full placement fee for that candidate from the client or the platform through which the role was engaged.
One bonus per placement. If the same candidate is placed with a different client, or in a different role, that is a separate placement and separately eligible.
3. Amount
Up to $5,000. The amount for a given role is the amount stated in that Eligible Role's listing or designation; where none is stated, it is $5,000. Whether a bonus is earned, and in what amount, is determined by Fluency Digital under these terms.
4. Payment
The bonus is paid within 15 days after the later of: (a) Fluency Digital's receipt of the final installment of its placement fee for the referred candidate; and (b) the expiration of any guarantee, replacement, or refund period that applies to that placement under Fluency Digital's agreement with the client or platform.
Fee schedules, installment structures, and guarantee periods vary by client and by platform and are outside Fluency Digital's control. Many clients and platforms pay in installments over a guarantee period, so when a bonus is paid depends on when the final installment is received. If any portion of the placement fee is withheld, delayed, reduced, refunded, or clawed back for any reason — including the candidate leaving or being terminated during a guarantee period, failure to start, or a client or platform dispute — no bonus is owed, and any bonus already paid is refundable to Fluency Digital on demand.
Before payment, the referrer must provide a completed IRS Form W-9 (or W-8 equivalent). Referrer is solely responsible for all taxes on the bonus. Payments are made by ACH or check to the referrer only; no assignment.
5. Who is eligible
You are eligible to receive a bonus only if all of the following are true:
- You are not the candidate.
- You and the candidate have not referred each other, in either direction, for any role.
- You are not an owner, officer, employee, or agent of the client that hires the candidate, or of any platform through which the role was engaged.
- You are not receiving any other fee or compensation for the placement of this candidate from any source.
- You are at least 18 and legally permitted to receive the payment.
6. Candidates who don't qualify
No bonus is owed for a candidate who, at the Referral Time, was already known to Fluency Digital. A candidate is already known if any of the following is true:
- The candidate is in Fluency Digital's records, applicant tracking system, or any platform pipeline Fluency Digital uses;
- Fluency Digital or anyone acting for it had any prior contact with the candidate about any role, by any means, within the preceding 12 months;
- The candidate had already been submitted, presented, or shortlisted by Fluency Digital to any client;
- The candidate had applied to, interviewed with, or been in contact with the hiring client directly within the 12 months before the Referral Time, or is otherwise ineligible for a recruiter fee under the client's or platform's rules; or
- Another person referred the same candidate earlier (see Section 7).
Fluency Digital's records are the sole and conclusive evidence of whether a candidate was already known. Fluency Digital is not required to disclose the contents of its records, client communications, or platform data to support that determination. On request, Fluency Digital will tell the referrer which of the categories above applied to a declined referral.
7. First referrer wins
If more than one person refers the same candidate, the bonus goes to the referrer with the earliest Referral Time. Referral Time is measured by Fluency Digital's server receipt timestamp as described in Section 1. No bonus is split.
8. Referral validity
A referral is valid for 12 months from the Referral Time and applies to the Referred Role(s) only, unless Fluency Digital specifies otherwise in writing. Fluency Digital may, in its sole discretion, credit a referral toward a different Eligible Role that opens within that 12-month window, for example where the Referred Role closes or is filled; that determination is Fluency Digital's alone, and no bonus is owed for any role other than the Referred Role(s) unless Fluency Digital makes it. If the candidate is placed by Fluency Digital after the 12-month window, no bonus is owed unless Fluency Digital agrees in writing.
9. No guarantees; no relationship
Neither Fluency Digital nor any of its representatives or affiliates has any obligation to contact, submit, or place any referred candidate, and Fluency Digital may, in its sole discretion, decline to represent any candidate or decline any referral, for any reason or no reason. If a referred candidate can't be pursued because of a non-solicitation or similar obligation to a client or platform, Fluency Digital may inform the referrer that the referral can't be pursued, and no bonus is owed in that case. Referring someone does not make you an agent, contractor, partner, or representative of Fluency Digital, any client, or any platform, and you have no authority to make any statement or commitment on their behalf. This program is not an offer of employment. Nothing here obligates any client or platform to pay anything; Fluency Digital alone is responsible for the bonus.
10. Changes
Fluency Digital may change or end this program at any time. Changes apply to referrals submitted after the change is posted; referrals already submitted are governed by the terms in effect at their Referral Time.
11. Disputes
Fluency Digital's determination of eligibility, amount, and timing is final. The referrer's sole and exclusive remedy for any claim relating to this program is the bonus amount, if earned. Fluency Digital is not liable for any indirect, incidental, consequential, or punitive damages, or for any amount exceeding the applicable bonus.
These terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law rules. Any dispute must be brought exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties consent to that jurisdiction and venue. Any claim must be brought within one year after the placement fee's final installment was received or the referral was declined, whichever is earlier, or it is waived.
12. Entire agreement
These terms, together with the applicable Eligible Role listing or designation, are the entire agreement regarding the referral bonus and supersede any prior or oral statements. No modification is effective unless in writing and signed by Fluency Digital. If any provision is unenforceable, the rest remain in effect.
Know an attorney who should be talking to us?
Use the referral form or email [email protected]. The time we receive it is your Referral Time, and you'll get an emailed record.