UPDATED JUNE 2023

Terms and Conditions

These Terms and Conditions (this “Agreement” or these “T&C”), are made and entered into by and between you, as a participant in the Justworks Partner Community, as defined herein, acting in your company’s capacity or as an individual (“Referring Party” or “You”), and Justworks Inc., a Delaware corporation (“Justworks”).


If you are agreeing to these terms on behalf of a business or an individual other than yourself, you represent and warrant that you have authority to bind that business or other individual to this Agreement, and your agreement to these terms will be treated as the agreement of such business or individual. In that event, “You” or “ Referring Party” also refers to that business or individual. By clicking the applicable button to indicate your acceptance of this Agreement, you agree, effective as of the date of such action, to be bound by the Agreement.

Referral Mechanics

Justworks hereby appoints you as a non-exclusive, independent referral source for potential Justworks customers. Justworks shall provide marketing materials and information for your use.

A. REFERRED POTENTIAL CUSTOMERS

A “referred potential customer” is one that (i) has an immediate need for Justworks Professional Employer Organization (PEO) or Justworks Payroll service; and (ii) satisfies the underwriting requirements of Justworks’ workers’ compensation carrier as applicable. Justworks reserves the right to turn away a potential customer for any reason, as determined by Justworks in its sole and absolute discretion, including, without limitation, if a potential customer does not satisfy Justworks’ business underwriting requirements.

B. LEADS

If a referred potential customer is not a current customer of Justworks and has not been in contact with Justworks within the previous thirty (30) days, then such referred potential customer shall be counted as a lead (“Lead”). Leads must be sent through Justworks’ partner relationship management platform (“PRM”), Justworks advisor dashboard, or must come through your unique Justworks URL link in order for you to be eligible for compensation in the form of referral fees or customer discounts, as set forth below.

Compensation

You shall be compensated for Leads that are referred in the manner set forth in Section B. above, sign a Justworks customer service agreement, and become paying customers of Justworks . You may choose to receive either a (a) referral fee; or a (b) referral customer discount, as indicated by you on our partner signup page.

In order to be eligible to receive any applicable referral fees and back end bonus, a Referring Party must possess a US bank account and pass an OFAC screening. To that end, Justworks designee (‘Designee’) shall require Referring Party to deliver the following information. (i) bank account information, (ii) W-9, and (iii) email address, to be shared by Justworks.

A. REFERRAL FEE

A1: JUSTWORKS PEO SERVICE OFFERING REFERRAL FEE

Should you choose the referral fee, you shall receive $100 per W-2 employee (the “Referral Fee”) for every Lead that becomes a PEO Customer, within 60 days after the end of the month in which first payroll runs. For example, you send a Lead with 10 W-2 employees to Justworks in the month of August; such Lead signs a contract to become a PEO Customer in November; and first payroll runs in January. You shall be compensated in the amount of $1,000 for such referred PEO Customer by the end of March.

You will also receive a back end bonus of $100 per additional PEO W-2 employee hired and onboarded by a referred PEO customer (“Back End Bonus”), net sixty (60) days from the end of the 12 month period in which your referred PEO Customer runs their first payroll. Justworks will provide an audit on or shortly after the first of January, April, July and October for additional W-2 employees hired by referred PEO Customers. For example, if you refer a 10-person PEO Customer who runs their first payroll February 1, 2023, and the PEO Customer hires 10 W-2 employees before December 31, 2023, you shall receive a Back End Bonus of $1,000 by February 28, 2024.

A2. JUSTWORKS PAYROLL REFERRAL FEE

For those groups Referring Party refers and closes on Justworks Payroll product, Justworks shall pay Referring Party a one-time referral fee (“Justworks Payroll Fee”) in the manner set forth in the list below:

  • 1 - 19 employees = $200 Justworks Payroll Fee (one-time)

  • 20 - 49 employees = $500 Justworks Payroll Fee (one-time)

  • 50 - 99 employees = $750 Justworks Payroll Fee (one-time)

  • 100+ employees = $1,000 Justworks Payroll Fee (one-time)

For example, Referring Party refers and closes a 30 employee group to Justworks Payroll product. Referring Party shall receive $500 within 60 days after the end of the month in which first payroll runs.

B. REFERRAL CUSTOMER DISCOUNT

Should you choose to be compensated by a customer discount, then such Leads that become Customers shall receive the first month free of the Justworks platform (i.e. the Justworks admin fee, excluding any benefits premiums) (the “Referral Customer Discount”).

Termination

Either party may terminate this Agreement at any time by providing written notice to the other party at least ten (10) days prior to the anticipated date of termination (the “Termination Date”). If you are due a payment for a referred PEO Customer that closed prior to the Termination Date, Justworks shall pay all monies owed after the Termination Date in accordance with above.

Relationship

It is understood that you are acting as finder only and shall have no authority to enter into any agreements or commitments on Justworks’ behalf, or to negotiate the terms of the Justworks’ agreements. This Agreement does not constitute a contract of employment. The parties intend and agree that each shall serve as an independent contractor of the other. Nothing contained in this Agreement shall be construed to place the parties in a relationship of partners, joint venturers, principal and agent, or employer and employee.

Confidentiality

“Confidential Information” means non-public confidential information, including, but not limited to, personnel information, oral written, or graphic non-public information disclosed by either party to the other, and information developed or learned by either party during the term of this Agreement. You and Justworks agree that Confidential Information will be exchanged and used solely for the purposes provided herein and according to the applicable terms of this Agreement. Moreover, the parties will cooperate with one another in taking reasonable steps to protect the confidentiality of information that is exchanged or used for the purposes provided herein. Each party will be responsible for the maintenance and protection of its own trade secrets and confidential information.

Marketing

Except for the referral activities contemplated herein, and/or any disclosure required by legal, accounting or regulatory requirements, all public uses of the trade names, trademarks, or symbols of Justworks are prohibited without the prior consent of Justworks.

You hereby agree to receive email communications from Justworks, including but not limited to, the Partner Newsletter, product updates, Justworks promotions and any other communications sent to the partner community. You may opt out of promotional communications if you so choose via the emails themselves.

Partner Program Tiers

You shall be eligible for special status according to the Partner Tiers located at justworks.com/partners (“Partner Tiers”). You attain Bronze status upon signup, and shall maintain that status up to and including your fourth (4th) referral that becomes a Customer.

Once you refer your fifth (5th) PEO Customer, you are eligible for Silver status, which entitles you to 1) either a 200 per employee Referral Fee for PEO Customers five (5) through nine (9), or a 2-month Referral Customer Discount, in your discretion; 2) a co-branded landing page; and 3) inclusion on a recommended vendor list, for use by the Justworks team in outbound referrals.

Once you send ten (10) PEO Customers to Justworks, you are eligible for Gold status, which entitles you to 1) either a 300 per employee Referral Fee for PEO Customers ten (10) and above, or a 3-month Referral Customer Discount, in your discretion. You must send a minimum of three (3) PEO Customers per calendar year thereafter to maintain Silver status and/or five (5) PEO Customers per calendar year thereafter to maintain Gold status.

Please note that health insurance brokers are not eligible for the Partner Tier status.

Governing Law

This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts of the state and federal courts of New York, New York.