Referrer Terms and Conditions – Pear Network Platform
These Referrer Terms and Conditions ("Terms") govern the relationship between any individual or entity who participates as a Referrer ("you" or "Referrer") on the Pear Network Platform ("Platform"), operated by TalentintheCloud (Pty) Ltd, trading as TITC, including its affiliates and subsidiaries ("Pear", "we", "us", or "our").
By signing up or participating as a Referrer on the Platform, you agree to be bound by these Terms in full. You further agree to comply with the Platform's code of conduct, referral standards, privacy policy, and applicable regulatory obligations.
1. Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
1.1. "Appear on Shortlist" means that a Candidate referred by a Referrer has been formally shortlisted by a Client for further consideration, as confirmed by Pear or recorded within the Platform.
1.2. "Candidate" means any individual referred to the Pear Network Platform by a Referrer in connection with an open role posted by a Client.
1.3. "Client" means any third-party company or organisation that uses the Pear Network Platform to publish job opportunities and potentially engage Candidates.
1.4. "Offer" refers to the referred candidate recieving a written offer of employment by the Client.
1.5. "Interview" means any formal interaction between the Candidate and the Client for the purpose of assessing suitability for a role, whether conducted in person, via telephone, or through video conferencing tools such as Zoom or Microsoft Teams, and confirmed by the Client or Pear.
1.6. "Offer of Employment" means a written and signed offer issued by the Client to the Candidate that outlines the terms of proposed employment, including job title, compensation, and start date.
1.7. "Pear Network Wallet" or "Wallet" means the virtual account linked to a Referrer's profile on the Platform, in which earned referral fees are credited and from which withdrawals may be requested, subject to these Terms.
1.8. "Placement" means the successful hiring and commencement of employment of a Candidate referred through the Platform, as evidenced by a signed Offer of Employment and confirmation by the Client of the Candidate's start.
1.9. "Referral Fee" means the monetary compensation payable to a Referrer for qualifying Candidate milestones (shortlisting, interview, placement), as further defined in Clause 4.
1.10. "Shortlist" means a list of Candidates selected by a Client, following initial screening, as eligible to progress to the interview or next stage of the recruitment process.
1.11. "Start Date" means the official date on which the Candidate is expected to commence employment with the Client, as stipulated in the signed Offer of Employment.
1.12. "Withdrawal" means the process by which a Referrer requests to transfer eligible earnings from their Wallet to their nominated bank account, in accordance with the conditions set out in these Terms.
1.13. "Referral Link" means the unique URL or code issued to each Referrer for the purpose of submitting or inviting Candidates. Only referrals submitted via this link are eligible for Referral Fees.
1.14. "Duplicate Candidate" means a Candidate who has already been introduced to the Client or Pear, whether through another Referrer, the Client's own recruitment efforts, or previously within the Platform.
2. Platform Overview
2.1. The Pear Network Platform is a digital referral marketplace that connects referred Candidates to employment opportunities published by third-party businesses ("Clients").
2.2. Referrers may refer candidates to open roles, track the status of their referrals, and earn referral fees upon successful placements.
2.3. Pear is not an employment service provider, talent agent, or recruitment agency. It merely facilitates referrals and introductions through its proprietary Platform.
3. Referrer Eligibility and Registration
3.1. You must be at least 18 years old and legally capable of entering into binding contracts.
3.2. You must create an account on the Platform and provide accurate, up-to-date contact and identification information for the purpose of Anti-Money Laundering and Fraud compliances.
3.3. Pear reserves the right to reject or terminate any registration that does not meet eligibility or verification requirements.
4. Earnings and Referral Fees
4.1. Once a candidate, who has used your unique Referrer link, has succeeded in appearing on a client shortlist, you shall receive ZAR 20 into your Pear Network Wallet.
4.2. Once a Candidate you referred via your unique referrer link has been selected for and attended an interview via Pear Network, ZAR 800 will be paid into your Pear Network Wallet.
4.3. Once a candidate has received a written form of employment offer, you will receive ZAR 1,250.
4.4. Once a candidate is placed, as in, as received and accepted a signed offer of employment, employment contract, and has commenced on the official start date as indicated by the client on the signed offer of employment, through the Platform, and Pear receives payment in full from that Client, you will be eligible for a referral fee totalling ZAR 15,000.
4.5. The referral fee is thereby capped at a total of ZAR17,070 per placement, including the shortlisting and interviewing fee(s).
4.6. A minimum of ZAR 200 can be withdrawn from your Pear Wallet at any given time. No amounts under ZAR 200 will be proceeded.
4.7. Fees are only payable:
4.7.1. Once the Candidate attends any interviews per the method of such interview confirmed by the client, whether in-person, via online systems such as Zoom or Microsoft Teams etc, or telephonically and the client has paid for such service, your referral fee will be credited to your Pear wallet.
4.7.2. SIMILARLY, once a candidate accepts a formal written offer, by means of an offer signed by the hiring company, an employment contract letterheaded by the hiring company or "client" and has commenced employment on the official 'start date' as desired by the hiring company, your referral fee will be credited to your Pear Wallet.
4.8. No referral fee will be paid until the Client has paid Pear's placement invoice in full;
4.9. No referral fee will be paid unless you have met all KYC and compliance requirements.
4.10. No earnings are due for referrals that do not lead to shortlisting, interview or placement, or where a Candidate has already been introduced by another Referrer, Client, or the Platform.
5. Withdrawals and Payout Conditions
5.1. As stated above, a Minimum Withdrawal Threshold (MWT) applies and any referral earnings may only be withdrawn once your account balance reaches ZAR 200.00.
5.2. Domestic Withdrawals (South Africa) accrue no transaction fee and no such fee will be processed if referral payments are made into South African bank accounts.
5.3. Withdrawals to international accounts are subject to processing fees and currency conversion costs, which are borne by the Referrer and deducted from the payout.
5.4. Withdrawals will be processed within 7–10 working days from the date of valid request, subject to KYC verification.
5.5. Referrers must ensure that bank details are accurate and updated; Pear will not be responsible for failed transfers due to incorrect information.
6. Know Your Customer (KYC) and Compliance
6.1. All Referrers are required to submit valid, up-to-date KYC documentation including, but not limited to:
6.1.1. Proof of identity (e.g. passport or national ID);
6.1.2. Proof of residence (e.g. utility bill, bank statement);
6.1.3. Banking details for payout.
6.2. Failure to provide or update KYC documentation will result in delays or inability to process withdrawal requests.
6.3. Pear complies with all applicable data protection, AML (Anti-Money Laundering), and regulatory reporting obligations and may suspend or report accounts where compliance concerns arise.
7. Conduct, Misuse, and Platform Integrity
7.1. Referrers are expected to act with integrity, honesty, and professionalism at all times.
7.2. You may not:
7.2.1. Refer Candidates through means outside of your referral link as this would constitute referral without candidate consent;
7.2.2. Attempt to manipulate the system (e.g. duplicate referrals, fictitious Candidates);
7.2.3. Engage in spam-like activity or solicitations;
7.2.4. Bypass the Platform to approach Clients or Candidates directly to avoid fees.
7.3. Breaches of this clause may result in the suspension of your account, forfeiture of all earnings, and legal action if warranted.
8. Confidentiality and Data Use
8.1. All data accessed through the Platform, including Client and Candidate information, must be treated as confidential.
8.2. You agree to use such data solely for the purpose of making legitimate referrals and not for any competing or unrelated activity.
8.3. You must comply with POPIA and all applicable data protection regulations when handling personal data.
9. Relationship and Taxation
9.1. You participate in the Platform as an independent party. These Terms do not constitute an employment, partnership, joint venture, or agency agreement between you and Pear.
9.2. THEREFORE, you are solely responsible for declaring and paying any personal or business tax liabilities arising from referral income.
9.3. Pear will not deduct any tax from your payments nor issue tax certificates unless required by law.
10. Termination and Suspension
10.1. Pear reserves the right to suspend or terminate your access to the Platform immediately in the event of:
10.1.1. Breach of these Terms;
10.1.2. Misconduct or fraud;
10.1.3. Non-compliance with KYC requirements;
10.1.4. Misuse of Platform functionality or data.
10.2. All unpaid earnings may be withheld or forfeited at Pear's discretion in cases of serious breach or unethical conduct.
11. Intellectual Property
11.1. All content, code, systems, and processes on the Pear Platform are the intellectual property of Pear.
11.2. You may not copy, reproduce, reverse-engineer, modify, or repurpose any part of the Platform without express written consent.
12. Limitation of Liability
12.1. Pear provides the Platform "as is" and makes no guarantees of income, referral success, or placement rates.
12.2. Pear shall not be liable for:
12.2.1. Loss of opportunity, income, or data;
12.2.2. Delayed or failed payments due to banking errors;
12.2.3. Reputational harm or indirect damages.
12.3. Our total liability to any Referrer will not exceed the actual referral fees paid to them within the preceding six-month period.
13. Amendments
13.1. Pear reserves the right to amend these Terms at any time.
13.2. You will be notified via email or Platform notifications of material changes. Continued use of the Platform after such notice constitutes your acceptance of the updated Terms.
14. Governing Law
14.1. These Terms are governed by the laws of the Republic of South Africa. Any disputes arising shall fall under the exclusive jurisdiction of the courts of Gauteng.
15. Acceptance
15.1. By participating as a Referrer and submitting Candidates through the Platform, you confirm that you:
15.1.1. Have read, understood, and agree to these Terms in full;
15.1.2. Will comply with all operational, legal, and ethical requirements outlined herein;
15.1.3. Accept that non-compliance may result in forfeiture of payments and termination of your account.
Last updated: 4/10/2025