Refer a Friend Program Terms and Conditions

Refer a Friend Program Terms and Conditions

These terms (the “Terms”) apply to the Nomad Health Refer-A-Friend Program described on the Referral Site (“Refer-A-Friend Program”, “Bonus Program” or “Program”). Nomad Health offers the Refer-A-Friend Program to non-employee Nomad Health members who are interested in qualifying for bonuses by referring friends and/or family to newly register, have an application submitted to a facility and complete an assignment for a Nomad Staffing role. Employees of Nomad Health are not eligible to participate in the Refer-A-Friend Program. These Refer-A-Friend Program Terms govern the participation by members who refer (“Referrers” or “Referring Party”) and those referred to Nomad “Referreds” (as defined by the applicable bonus terms). Any capitalized term not defined herein shall have the meaning ascribed to it by the applicable incorporated terms. All references to “Nomad Health” mean both Nomad Health, Inc. and Nomad Nurses, Inc.

General

The Program is a non-exclusive arrangement between Nomad Health and the Referrer. Participation in the Program by the Referrer allows the Referrer to promote services rendered by Nomad Health in exchange for the opportunity to earn commissions and/or rewards.

The Referrer represents to Nomad Health that they have read and understand the contents of these Terms. The Referrer represents that they understand that participation in the Program is voluntary and contingent upon their full compliance with the Terms.

This Refer-A-Friend Program is only open to members who reside and are located in the 50 United States or District of Columbia. These Refer-A-Friend Program Terms are in addition to any agreements between you and Nomad Health, including terms of use and privacy policy, which you agreed to when you signed up for an account, are hereby incorporated by reference, and shall apply to your participation in the Refer-A-Friend Program.

Qualified Referrals

A “Qualified Referral” is a friend Referred to Nomad Health who newly registers and creates an account at Nomad Health (https://nomadhealth.com) and must:

  1. Be a natural person (i.e., no businesses, legal entities or pets) residing in and located in the 50 United States or District of Columbia;
  2. Be a new member to Nomad Health;
  3. Register to become a member using a Referrer's custom referral link or other method supplied that allow for proper tracking of referrals;
  4. Has an application successfully submitted to a facility within the promo period according to the applicable bonus terms made available to you on the Referral Site or otherwise for a Nomad Staffing role;
    • To receive the Completed Assignment Bonus, the friend must have successfully completed their first assignment with a Nomad Staffing role according to the referred healthcare professional's first contract
  5. Consent to and comply with the Terms and Conditions and Privacy Policy;

Refer-A-Friend Program Bonuses

Referral Bonus. Referrers may qualify for Referral Bonus(es) according to the Referral Bonus Terms available on the Referral Site . The Referral Bonus Terms, which may change from time to time, are incorporated herein by reference.

Referred Bonus(es). Referreds may qualify for a Referred Bonus according to the Referred Bonus Terms available on the Referral Site . One Referred Sign up Bonus per eligible new member. The Referred Bonus Terms, which may change from time to time, are incorporated herein by reference.

Referral Completed Assignment Bonus

Referrers may qualify for Referral Completed Assignment Bonus(es) according to the Referral Bonus Terms available on the Referral Site . The Referral Bonus Terms, which may change from time to time, are incorporated herein by reference.

Referred Completed Assignment Bonus

Referreds may qualify for a Referred Completed Assignment Bonus according to the Referred Bonus Terms available on the Referral Site . One Referred Sign up Bonus per eligible new member. The Referred Bonus Terms, which may change from time to time, are incorporated herein by reference.

Representations

By participating in the Refer-A-Friend Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Refer-A-Friend Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Refer-A-Friend Program.

Restrictions

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referreds from earning Refer-A-Friend Program Bonuses through the Refer-a- Friend Program: (i) self-referral; (ii) submitting applications on behalf of another or under a Nomad Health account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or "spam"; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing “Nomad Health” or common misspellings thereof, including, but not limited to, nomadhealth.com; (vii) placement of Our logos or mention of Our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Refer-A-Friend Program, including, but not limited to, misrepresenting your relationship with us or posing as Our representative in an official capacity; (x) accessing the Refer-A-Friend Program other than with a commercial browser (such as Microsoft Edge, Mozilla Firefox or Google Chrome) or mobile applications developed and operated by us; and (xi) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals.

Prohibited Acts

The Referrer shall not:

  1. Display or use a hyperlink in a manner that causes the Nomad Health websites or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of Nomad Health website, or otherwise incorporate Nomad Health website content into a third-party web site;
  2. Display or use an inline hyperlink to any information file contained in the Nomad Health website;
  3. Alter, block, or otherwise prevent display of any content of the Nomad Health website;
  4. Link to a Nomad Health website through any other URL or mirrored site;
  5. Link to a Nomad Health website if, to a reasonable person, your site may be obscene, defamatory, harassing, grossly offensive, or malicious: or
  6. Engage in any deceptive business practices or send any unsolicited commercial emails or faxes.

The Referrer shall use any information collected or obtained from any person using the Referrer's Link to navigate to a Nomad Health website in accordance with Applicable Laws and both the Referrer's website privacy policies and any restrictions or limitations imposed by the individual.

The Referrer shall electronically store and process the information collected or obtained from any person using the Referrer's to navigate to the Nomad Health website in accordance with industry best practices and immediately notify Nomad Health upon your discovery of any breach of the security of computer systems on which the information collected or obtained from any person using the hyperlink to navigate to the Nomad Health website was stored or processed.

No Spam

You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Spanx's Refer-a-Friend program.

Reservation of Rights

We reserve the right to withhold, deny or cancel any Refer-A-Friend Program Bonuses and/or terminate your account if Company, in its sole discretion, deems any Refer-A-Friend Program Bonus as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Refer-A-Friend Program Terms, the Terms and Conditions and Privacy Policy, or any other applicable law or regulation. Our decisions are final.

No Authority to Bind Nomad Health

The Referrer will be solely responsible, and Nomad Health will not be liable, for any acts, omissions to act, agreements, contracts, commitments, promises, or representations made by the Referrer.

The Referrer does not have, and shall not represent that they have, any authority to bind Nomad Health.

Without limiting the foregoing, the Referrer will not:

  • Quote any binding price for a Nomad Health Service;
  • Enter into any verbal or written agreement of any type or nature with any Friend on behalf of Nomad Health;
  • Otherwise obligate or commit Nomad Health in any manner; or
  • Except for permitted use in Referral Activities, develop, distribute, or use any marketing, promotional, advertising, or sales material for Nomad Health services.

Warranties

You acknowledge and agree that performance hereunder is governed by certain laws and regulations, including, without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws (“Applicable Laws”), and that your performance shall be in accordance with all Applicable Laws.

Without limiting the foregoing, you represent and warrant that you will:

  1. Conduct business in a manner that reflects favorably at all times on Nomad Health and the good name, goodwill, and reputation of Nomad Health;
  2. Not participate in deceptive, misleading, or unethical practices that are or might be detrimental to Nomad Health;
  3. Make no false or misleading representations and not publish or employ, or cooperate in the publication or employment of, any misleading or deceptive advertising material with regard to Nomad Health;
  4. Make no representations, warranties, or guarantees to any Friend or to the trade with respect to the specifications, features, or capabilities of the Nomad Health website; and
  5. Not contact any Friend in a way that suggests that you are Nomad Health, represent Nomad Health, or are acting on behalf of Nomad Health.

Indemnification

You shall defend, indemnify, and hold harmless Nomad Health, its affiliates, and their respective officers, directors, employees, representatives, agents, and contractors, from and against any and all losses, liabilities, damages, costs, penalties, and expenses (including without limitation reasonable attorneys’ fees) incurred by or levied against an indemnified party and arising out of or related to any claim or action based on Your acts or omissions in connection with this Bonus Program, your breach of these Terms, or both. This indemnification obligation survives any termination or expiration of these Terms.

LIMITATION ON LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOMAD HEALTH, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AUTHORIZED AGENTS, REPRESENTATIVES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS OR DAMAGE, ARISING IN CONNECTION WITH THIS BONUS PROGRAM OR OTHERWISE RELATED TO THESE TERMS. IN ALL EVENTS, THE LIABILITY AND OBLIGATIONS OF NOMAD HEALTH AND ITS AFFILIATES FOR ANY AND ALL DAMAGES, INDEMNITIES AND COSTS ARISING IN CONNECTION WITH THE BONUS PROGRAM AND THESE TERMS ARE LIMITED TO, AND WILL NOT EXCEED, AN AMOUNT EQUAL TO THE TOTAL BONUS PAYMENTS PAID TO THE REFERRED PARTY OR THE REFERRING PARTY, AS THE CASE MAY BE, UNDER THESE TERMS. THIS LIMITATION IS COMPREHENSIVE AND APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, MISREPRESENTATIONS, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Force Majeure

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of amounts due) to the extent caused by strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terror, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond the reasonable control of such party.

Independent Contractor Status

The relationship between the parties is that of independent contracting entities; nothing in these Terms are intended nor shall be construed to create an employer/employee relationship, a principal/agent relationship, or an Ambassadorship or joint venture relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services.

Governing Law

The validity, construction, and interpretation of these Terms shall be governed by the internal laws of the State of New York, excluding conflict of law provisions that would require the application of the laws of any other state.

The parties agree to the exclusive jurisdiction and venue of the state and federal courts of New York except that nothing will prohibit Nomad Health Health from proceeding directly to any court of competent jurisdiction to protect or enforce its intellectual property rights or rights in Confidential Information.

Assignment

These Terms may not be assigned by either party by operation of law or otherwise, without the prior written consent of the other party, which consent shall not be unreasonably withheld. Such consent is not required in connection with the assignment of these Terms pursuant to a merger, acquisition, or sale of all or substantially all of the assigning party's assets or equity interests. Any attempted assignment in violation of the foregoing is void.

Terms

The term will begin on the Effective Date and last until terminated as provided below.

Termination, Suspension and Interpretation

Nomad Health reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program at any time and for any reason, without notice to You.

Nomad Health also has the right, in its sole discretion, to maintain the integrity of the Program, to void or cancel a Referrer's participation in the Program and eligibility for a Referral / Referred Bonus for any reason, including, but not limited to: fraud, violation of these Terms, or the use of bots, macros, scripts, or other technical means to conduct Referral Activities.

All interpretations of Nomad Health's Bonus Program terms and conditions are interpreted in the sole discretion of Nomad Health and all such decisions are final.

Effects of Termination

Upon termination or expiration of these Terms for any reason, all licensed rights granted in these Terms will immediately cease to exist.

  1. The Referrer must destroy or return to Nomad Health all information and materials related to the Nomad Health Services.
  2. Nomad Health, at its own discretion, may satisfy any obligations pending at the time of termination, including Friends that have not yet become Eligible Referrals, under the terms of the Terms at the time of the Friend's first click of a valid Referrer's Link.
  3. No Friends shall become Eligible Referrals if their first click of a Referrer's hyperlink occurs after the termination of these Terms.

Disclaimer

The Nomad Health website, Nomad Health Services, and all content, data, materials, and documentation provided in connection with these Terms, the Bonus Program, or both, by Nomad Health and its suppliers are provided “as is” and “as available,” without representations or warranties of any kind. Nomad Health and its suppliers hereby disclaim any and all warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third-party rights, or any implied warranties arising out of course of performance, course of dealing, or usage of trade.

Entirety of the Terms

These Terms, together with any policies and instructions referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous negotiations, agreements, and undertakings between the parties with respect to such matter. Nomad Health may unilaterally amend these Terms by updating the online program terms and conditions and your continued participation in the Program thereafter shall be deemed your consent to such amendment. Except for the foregoing, these Terms may only be amended by the mutual written agreement of the parties. Headings in these Terms are for reference purposes only and shall not affect the interpretation or meaning of these Terms. If any provision of these Terms are held to be contrary to law or unenforceable, then the remaining provisions of these Terms will remain in full force and effect. No delay or omission by either party to exercise any right or power it has under these Terms shall be construed as a waiver of such right or power. A waiver by either party of any breach by the other party shall not be construed to be a waiver of any succeeding breach or any other covenant by the other party. All waivers must be in writing and signed by the party waiving its rights.

Updated: June 20, 2024