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These Terms and Conditions of Use (“Terms” or “Agreement”) are an agreement between ADP, LLC and its affiliates and/or subsidiaries (“ADP”) and You and apply to the ADP Broker Referral Program (the “Program”) described in these Terms. By enrolling in and/or using the Program, You acknowledge that You have read, understand and expressly agree to be bound by these Terms, including any modifications or updates from time to time, as they relate to the Program. If You do not agree to these Terms, do not enroll in or use the Program. “You” and “Your” means You, Your company, Your employees, Your subsidiaries, Your affiliates and Your agents whom You have enrolled as “users” of the Program, all of which agree to be bound by these Terms, any applicable additional terms, policies and any other terms and guidelines found throughout the Program.
The Program consists of the ability to access the web site currently located at www.ADPReferralRewards.com, hosted by ADP or its third-party Vendor (“Referral Site”) and make and/or track referrals to ADP pursuant to these Terms for the referral of prospective clients for certain ADP payroll and payroll related tax filing data processing services. You will not be fully enrolled in the Program until You submit all required referrals and a fully completed and signed W9 form, and ADP acknowledges your agreement to these Terms by sending you an electronic acknowledgment by e-mail confirming Your enrollment and assigning You a Partner Identification Code (“PIC”) for tracking and payment.
This Agreement is between ADP, on behalf of the Major Accounts division serving clients with 50 to 999 employees (“MAS”), and the Small Business Services line of business serving clients with no more than 49 employees (“SBS”), with its principal office located at One ADP Boulevard, Roseland, New Jersey 07068 and You. This Agreement consists of these Terms and all Exhibits appended hereto as may be updated from time to time. In the event of conflict among terms, the order of priority shall be the general terms and conditions of this Agreement, then the Exhibits.
ADP is willing to perform certain of its employer services, including payroll and payroll-related tax filing data processing services, human resource services, time and labor management services and certain benefits administration services, as more particularly identified on Exhibit A hereto (the “Services”), for those current and prospective customers or clients of Yours that desire to receive any or all of such Services and that satisfy ADP’s requirements and agree to ADP’s standard terms for the applicable Services;
To facilitate the sale of Services to Prospects, ADP and You will engage in certain activities, as more particularly set forth herein;
ADP Workforce Now® Essential Plus Payroll
ADP Workforce Now Enhanced Payroll
Human Capital Management Services
ADP Workforce Now Enhanced HR
ADP Workforce Now Benefits Administration (including ACA)
Standard Health & Welfare Carrier Connections
ADP Workforce Now Talent Management and Activation
ADP DataCloud Services
Time and Labor Management
ADP Workforce Now Essential Time
ADP Workforce Now Enhanced Time
Monthly Subscription Fee for Timeclock Subscriptions
ADP Comprehensive Services for General Referral
SBS Services for General Referral
|Payroll & Tax Filing||Description|
|RUN Powered by ADP® (“RUN”)||Phone-in, web-based and mobile payroll processing with real-time calculation engine|
|Features available include: payroll, tax filing, electronic reports, employee access, new hire reporting, delivery, labor law poster compliance updates, GLI, garnishment payment service, SUI management, direct deposit and certain HR features (Tip of the Week, HR Newsletter; State and Federal Resources, HR Checkups and HR Dictionary)|
NOTE: The foregoing list is only valid for companies with less than 50 employees unless otherwise noted and can be updated by ADP from time to time in its discretion at any time.
For MAS Services and SBS Services Listed on Exhibit A: The Referral Fee shall be equal to 25% of the first year annual value of Net Recurring Revenue for the eligible Services sold for Referred Client’s first year of being a Referred Client of such ADP Services; and (ii) 10% of the annual value of Net Recurring Revenue for Referred Client’s second year of being a Referred Client of such ADP Services. No referral fees shall be paid for any Referred Client after the second year.
For current Referred Clients purchasing additional MAS Services: For a Referred Client that purchases additional MAS Services during the Term, excluding Down Market Referred Clients, there will be a flat one-time referral fee of 10% of the estimated annual revenue for the additional MAS Services purchased.
For ADP Comprehensive Services Listed on Exhibit A: The referral fee shall be equal to 15% of the first year annual value of Net Recurring Revenue for the eligible ADP Comprehensive Services sold for Referred Client’s first year of being a Referred Client of such ADP Comprehensive Services; and (ii) 10% of the annual value of Net Recurring Revenue for Referred Client’s second year of being a Referred Client of such ADP Comprehensive Services. No referral fees shall be paid for any Referred Client after the second year. For a current Referred Client purchasing additional Services, there will be a flat one-time referral fee of 10% of the estimated annual revenue for the additional Services purchased.
For any Referred Client with more than 1000 employees, Referral Fees will only be paid under this Agreement on the ADP products or services listed on Exhibit A and aggregate Referral Fees paid will not exceed $175,000. Once that dollar threshold is reached, no additional referral fees will be paid for that Referred Client.
You should print a copy of these Terms for your records. If You do not have print capability or You otherwise desire to obtain a hard copy of these Terms please contact Your ADP sales representative to request a hard copy.
By entering Your name, title and clicking the “Accept” box below You acknowledge that You have read, are duly authorized by all necessary and appropriate corporate or other required action, to accept these Terms, and You do accept these Terms.