Subject to the terms and conditions of the Agreement, a Referrer may from time to time refer Potential Candidates (“Potential Candidates”) to CAPITAL RECRUIT. The Referrer shall submit all candidates through the candidate referral portal located on the CAPITAL RECRUIT website.
CAPITAL RECRUIT, in its sole discretion, shall have the option to enter into, or decline to enter into, a communication with any Potential Candidate. In the event CAPITAL RECRUIT declines, for any reason, to enter into communications with any Potential Candidate, CAPITAL RECRUIT shall have no obligation to the Referrer under this Agreement or otherwise with respect to such.

Potential Candidate

a. If (a) such Potential Candidate has (I) not previously been procured through independent data sources by CAPITAL RECRUIT; (II) not previously been referred or introduced to CAPITAL RECRUIT in writing by any other person; and (III) not previously been documented as a Candidate (as defined below); and (b) CAPITAL RECRUIT successfully places that Potential Candidate into employment with an CAPITAL RECRUIT client, within sixty (60) days of such Potential Candidate being referred to CAPITAL RECRUIT by the Referrer, such Potential Candidate shall be considered a “Candidate” for purposes of this Agreement and CAPITAL RECRUIT shall pay a fee to the Referrer as set forth below in Section 2.
b. In the event a referral of a Potential Candidate is disputed among one or more referrals, finders or other persons, CAPITAL RECRUIT alone shall determine which party, based solely upon who first provided it with written notice to CAPITAL RECRUIT.

2. Compensation

a. The Referrer shall be entitled to Referral Fee (“Referral Fee”) of R5000.00 (five thousand rand) on the successful placement of a Candidate.
b. CAPITAL RECRUIT shall pay the Referral Fee to Referrer 3 months after the start of the Candidates employment with CAPITAL RECRUIT’s client. This fee will only be paid if the Candidate remains employed with CAPITAL RECRUIT’s client and all fees collected by CAPITAL RECRUIT have been maintained.


3. Acting as Finder Only: Non-Exclusivity

a. It is understood that the Referrer is acting as a finder only and shall have no authority to enter into any agreements, obligations or commitments on CAPITAL RECRUIT’s behalf, or to negotiate the terms of any agreements CAPITAL RECRUIT behalf. The Referrer hereby agrees to indemnify, defend, and hold CAPITAL RECRUIT harmless and from any claims, actions, lawsuits, damages, awards or judgments arising out of any such agreements, obligations, or commitments undertaken by the Referrer or the breach thereof.
b. The Referrer acknowledges that CAPITAL RECRUIT may enter into referral agreements or similar arrangements with other parties and that the Referrer shall have no rights under such agreements or to any fees for Candidates referred to CAPITAL RECRUIT by others or identified by CAPITAL RECRUIT itself.

4. Relationship

The Referrer and CAPITAL RECRUIT expressly intending that no employment, partnership, or joint venture relationship is created by this Agreement, hereby agrees as follow: (i) neither the Referrer nor anyone employed by or acting for or on behalf of the Referrer shall ever be construed as an employee of CAPITAL RECRUIT and CAPITAL RECRUIT shall not be liable for employment taxes respecting the Referrer or any employee of the Referrer; (ii) the Referrer shall not make any commitment or incur any charge or expense in the name of CAPITAL RECRUIT without the prior written approval of CAPITAL RECRUIT; (iii) The Referrer expressly acknowledges and agrees that except to the extent expressly provided herein, neither the Referrer nor anyone employed by or acting on behalf of the Referrer shall receive or be entitled to any consideration, compensation or benefits of any kind from CAPITAL RECRUIT.

5. Indemnification

Each party shall indemnify, defend and hold the other party (and all officers, directors, employees, Referrals, and affiliates thereof) harmless from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities costs and expenses (including without limitation interest, penalties, and attorney’s fees and disbursements) which may at any time be suffered or incurred by, or be assessed against, any and all of them, directly or indirectly, on account of or in connection with: (i) such party’s default under any provision herein, breach of any representation or warranty herein, or failure in any way to perform obligation hereunder; or (ii) negligent acts or omissions or the willful misconduct of such party or its employees, referrals, contractors or invitees.

6. Liability

Under no circumstances shall ether party be liable for any indirect, incidental, economic, special, punitive or consequential damages, whether for breach of contract, negligence or under any other cause of action, that result from the relationship or the conduct of business contemplated herein.

7. Explanations

a. Entire Agreement
This Agreement constitutes the sole and entire understanding between the parties with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Agreement supersedes all prior communications or agreements written or oral, and is intended as a complete and exclusive statement of the terms of the Agreement between the parties.