FEETRADER SVP RECRUITING AGREEMENT

***Last modified 12/10/2017***

Both FeeTrader, LLC and    FeeTrader Member    herein referred to as FEETRADER and RECRUITER, respectively, agree that this document shall supersede all prior SVP agreements between FEETRADER and RECRUITER and shall exist FOR ALL POSITIONS WHEREAS BIDS OR FIXED FEES ARE ACCEPTED WITH FEETRADER ACTING AS THE CLIENT POINT OF CONTACT.  This process is referred to as our Single Vendor Plan or SVP. This entire agreement refers to the SVP.

1. Direct and Contract Placement Terms:  After bid is accepted, RECRUITER will recruit and refer qualified candidates to FEETRADER as available and as requested for direct hire or contract placement by CLIENT under the following terms and conditions:

1.1. As consideration for the service provided by RECRUITER to FEETRADER and unless otherwise indicated in the job posting (under “Altered Terms”) or in a counter bid which will replace in part the following terms (fully disclosed in the job posting or counter bid), RECRUITER will be due a placement fee in the amount equal to a commission percentage (as outlined in 1.3) of the approved bid for any qualifying candidate that RECRUITER presents to FEETRADER, and CLIENT subsequently hires.  A qualifying candidate is defined as a RECRUITER presented candidate to FEETRADER that has met the following criteria (1-5):

1) Has not been presented to, considered by or worked for CLIENT previously
2) RECRUITER has had a phone or in-person conversation with the candidate about the respective position PRIOR TO submission to FEETRADER.
3) Qualifying referrals by RECRUITER that FEETRADER presents and are accepted by the CLIENT stay in effect for the respective CLIENT for 180 days.
4) RECRUITER agrees that it will refer candidates to FEETRADER only with the candidate’s prior authorization and that RECRUITER will notify the candidate that the representing staffing firm is your partner firm, FeeTrader.
5) FEETRADER’s final candidate vetting, ensuring qualifications of candidate per CLIENT requirements.
No commissions will be due to RECRUITER on candidates presented by RECRUITER to FEETRADER that are not qualifying.

1.2. For Direct-Hire placements, in the event that the placed candidate leaves the CLIENT within the first ninety (90) calendar days from date of hire, RECRUITER will not be owed any fees for respective placement.  All fees earned will be paid AFTER the 90th calendar day of employment.  If CLIENT needs a replacement candidate, RECRUITER will be allowed to source that replacement candidate in accordance with the same terms stated in this agreement. FEETRADER is not responsible to pay any commissions to successful RECRUITER until being paid by CLIENT in full for respective fee. Should collections services be necessary, the net proceeds from CLIENT (less collections fees) becomes the total fee for commissions purposes.   FEETRADER will use all reasonable remedies and efforts at its disposal to collect fees on placements made.  

1.3. The Commission Rates are honored at the rates corresponding with the date of the respective RECRUITER’s bid as long as RECRUITER maintains that level of FEETRADER service until paid the commission. Should the RECRUITER downgrade the account level, the RECRUITER will be paid the commission rate corresponding to the lowest level of service account held while awaiting payment.  Commissions to RECRUITER are as follows (and are the percentages of the accepted bid/fee for placement or a percentage of the “margin” if a contract placement.  Contract Margin is defined as the net profit on the bill rate received.  Bill Rate less payroll burden = Contract Margin). 
Commissions:
Gold and Platinum Level Users receive 60% of the collected Placement Fee
Silver/Bronze Level Users receive 55% of the collected Placement Fee
Free Level/All Other Users receive 50% of the collected Placement Fee


1.4. In situations in which a candidate’s resume is received by FEETRADER from more than one source for a CLIENT job, the authorized source from whom FEETRADER first received the resume – as shown by FEETRADER’S records – is the sole source of that candidate for that CLIENT for all purposes including commissions.

2. Other Terms.
 
2.1. If RECRUITER submits any information to FEETRADER that is false or inaccurate about the candidate, including information with respect to their authority to submit the candidate, or candidate resumes in general, RECRUITER then waives any right to receive a commission from FEETRADER for respective candidate. RECRUITER will refund any commission received from FEETRADER received if, within six (6) months of the start date, (1) CLIENT identifies a material misrepresentation in candidate's resume; and (2) CLIENT has terminated candidate's employment with CLIENT as a result of the misrepresentation. RECRUITER  will refund to FEETRADER any commission received by RECRUITER from FEETRADER in connection with a fee that FEETRADER has had to refund to CLIENT.

2.2. RECRUITER agrees not to pursue employees (including contractors) and/or clients of FEETRADER or  CLIENT for the duration of this agreement and for a period of 360 days after termination of this agreement. 

2.3. The parties affirm and agree that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations.  The parties agree not to harass, discriminate against, or retaliate against any employee of the other because of race, national origin, age, sex, religion, disability, marital status, or other category protected by law; nor shall any party cause or request the other party to engage in such discrimination, harassment, or retaliation.  In the event of any complaint of unlawful discrimination, harassment, or retaliation, the parties agree to cooperate in the prompt investigation and resolution of such complaint, and shall indemnify each other with respect to any violation.

2.4. Neither this Agreement nor the services to be provided hereunder shall be construed to create any relationship of employment, agency, partnership or joint venture between the parties.

2.5. This Agreement may not be amended, except by writing or an additional Addendum executed between RECRUITER and FEETRADER.

2.6. Notwithstanding termination and/or completion of and payment of the services hereunder,  FEETRADER and RECRUITER shall remain obligated under all those provisions of this Agreement which by their nature and effect obligate FEETRADER or RECRUITER for a time period beyond termination and/or completion.

2.7. This Agreement, and accompanying Addendums, sets forth the entire agreement of the parties and supersedes all other oral or previously written agreements between the parties.

2.8. This Agreement and services rendered with regard to the Agreement shall be deemed to have been entered into and performed in the state of the Colorado and all questions concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights, or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of that state.  

2.9. RECRUITER is in no way allowed to contact FEETRADER CLIENTS directly without FEETRADER’s written approval.  Doing so will result in legal action taken against RECRUITER and/or RECRUITING FIRM.  FEETRADER’S compliance team will provide a list of RECRUITER names of which bids were accepted to cross reference against direct contacts received by CLIENT to ensure no direct contact is being made with any clients of which FEETRADER is the representative.  Any direct contact is in breach of this contract and will result in a loss of any fees owed to RECRUITER by FEETRADER and a loss of any representation of candidates presented by RECRUITER to FEETRADER.  

3. RECRUITER explicitly agrees NOT TO publicly post to job boards any of the SVP positions whereas FEETRADER acts on behalf of the CLIENT.  Many of these searches are confidential in nature and posting can cause harm to the CLIENT and therefore FEETRADER.  Any SVP jobs found publicly posted to job boards by RECRUITER will result in automatically losing any RECRUITER accepted bids and any pending candidates and fees associated with RECRUITER.  

4. Fee Payments to RECRUITER will be made to the company and name indicated on the invoice to FEETRADER from RECRUITER on the respective placement.  

Thank you and we look forward to working with you!