Mutual Non-disclosure and Non-solicitation of Agreement
(last updated 1/31/18)
This is an agreement entered into by and between Melon Sky, hereinafter referred to as the “Placement firm” and ___You__________, hereinafter referred to as the “Virtual Recruiter”. This Agreement will become effective on the date the Virtual Recruiter signs up on the Melon Sky website.
Nature of business relationship
The Virtual Recruiter hereby acknowledges that he/she is an “independent contractor” and does not work directly for the Placement firm as an employee. As an independent contractor, he/she works on recruiting assignments that are subcontracted out by the Placement firm to them and others, for the purpose of finding, recruiting and screening candidates for employment with the Placement firm's end-clients. Thus, this is a 1099 business relationship with the Virtual Recruiter submitting an invoice to the Placement firm for successfully finding a candidate that is hired by the end-client.
Payment schedule for a successful placement
The Virtual Recruiter hereby agrees to the following terms and conditions with the Placement firm related to the division of fees in connection with the hiring of their candidate by the end-client.
Contingency search fees paid to the Placement firm from its end-client for a candidate presented by the Virtual Recruiter shall be shared in accordance with the fee amount on the Melon Sky Jobs Page.
Upon the Placement Firm receiving a contingency search placement fee from its client, it agrees to pay the Virtual Recruiter's invoice (if previously submitted) within five (5) business days.
Virtual Recruiter pay-out for a direct hire or contract placement
The Virtual Recruiter will receive commissions of 50% of whatever Placement firm receives from its End-client. The Virtual Recruiter will be privy to all information regarding pay from the End-client. The placement firm agrees to pay the virtual recruiter on a monthly basis for temporary or contract positions. The placement firm agrees to pay the virtual recruiter within 5 business days of when the placement firm receives payment from end client for permanent placements. This could take 30-90 days or more from the time the candidate starts their permanent placement assignment depending on the terms of the agreement.
Status updates of candidates submitted
A candidate's resume received from the Virtual Recruiter shall be acknowledged by the Placement firm within three (3) business days after receipt. The Placement firm will keep the Virtual Recruiter apprised of the status of the candidate's progress as they proceed through the End-client's employment process.
Duplicate candidates submitted by competing Virtual Recruiter
The Placement firm utilizes multiple Virtual Recruiters. In the event two Virtual Recruiters submit the same candidate’s resume, the Virtual Recruiter who submits the resume first AND recorded on the Openings Document(OD) shall be deemed the Virtual Recruiter of record. The date and time that each resume is received by the Placement firm via email or facsimile shall be the determining factor.
Non-Disclosure of candidate information by placement firm
The Placement firm acknowledges the confidential nature and trust the Virtual Recruiter establishes with candidates. Therefore, candidates submitted by the Virtual Recruiter to the Placement firm shall only be considered for filling the original contingency search. There shall be no disclosure of candidates information or resume by the Placement firm to any other company or professional recruiter or client without the consent of the Virtual Recruiter. In this regard, the Placement firm is responsible for the actions of any of its employees or others with whom this information was shared.
Non-Solicitation of candidate information by placement firm
The Placement firm shall not contact the Virtual Recruiter's candidates for networking or additional referrals unless they have prior consent from the Virtual Recruiter. In the event this Agreement is terminated, the Placement firm agrees not to contact candidates submitted by the Virtual Recruiter for a period of 6 months after the Agreement’s termination.
Non-Solicitation of end-client by Virtual Recruiter
The Placement firm retains their exclusive relationship with their End-client. The Virtual Recruiter agrees not to contact, solicit, or approach the clients of the Placement firm for the purpose of candidate placement, recruitment, or to assist them in any method of employment search unless prior consent is obtained from the Placement firm. This non-solicitation bar is in effect during the term of this Agreement and upon its termination, for a period of one (1) year afterward.
The Virtual Recruiter agrees to complete a W9 form with a correct and verifiable Social Security number or Tax ID number prior to receiving a commission payment.