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ASA 2018

Network Rules & Regulations

As a member of the Mid Atlantic Staffing Association, you are automatically entitled to participate in the Network activity, if you agree to abide by the Network Rules and Regulations. The following are the Rules and Regulations concerning the Network.

Procedures to be followed:
1.0 Fees and Billings
1.1    Participating members will share fees on a 50/50 basis, unless otherwise stipulated and agreed to prior to referral.
1.2    Billing will be done by placing office, unless other arrangements are made.
1.3    Fee arrangements and guarantees of the placing office must be acceptable to both parties prior to referral. These arrangements and guarantees will be deemed acceptable to the referring office if it does not object within a reasonable time after receiving the placing office’s Fee Schedule.
1.4    Possible problems with collections, fall-offs, refunds, etc., should be discussed prior to referral. These arrangements and guarantees will be deemed acceptable to the referring office if it does not object within a reasonable time after receiving the placing office’s Fee Schedule.
1.5    Payments of the shared fee shall be sent to the referring office within five days of receipt from the client-employer along with a photocopy of the client’s check.

2.0 Sharing Job Orders
2.1    When soliciting referrals by telephone from another member office, disclose the full job description and specification. If the other office has the same job order, the “split” is cancelled. It is not necessary to reveal the name of the client-employer.
2.2    Job orders and resumes should not be mailed without prior agreement from cooperating offices.
2.3    Information received during network contacts should never be used as a job order lead.
2.4    All client-employer contact should be made by the office supplying the job order, unless otherwise agreed.

3.0 Shared Candidates
3.1    Shared candidates should be so advised prior to referral to another office, and should be willing and prepared to be cooperative and professional in the referral process.
3.2    The office receiving a candidate from the referring office shall consider the candidate “shared.” This means that fees will be split in connection with any placement by the placing office resulting from a referral.
3.3    A shared and placed candidate shall not be subject to recruitment by either office as long as he/she remains in the employ of the client-company. If the candidate request to be placed in another position either office may do so, and, if placed by the placing office, the fees will be split.
3.4    The placing office should advise the referring office of all the details of the placement.
3.5    When a candidate is shared, it is important that both offices be kept advised of all activities involving the shared candidate. Also, any future contact with the shared candidate should be done through the initiating office.
3.6    This system does not recognize “three-way splits,” and members shall not refer candidates which they share with another firm. A member may not refer a shared/referred candidate to another placement firm.
3.7    A split fee is due even if the referred candidate is already on file with the placing office if the referral is a procuring cause of the placement.
3.8    Candidates referred by shared candidates are also shared candidates. Members who obtain referrals from shared candidates must treat those referrals also as shared candidates.

NOTE: To facilitate the above eight items, it is suggested that participating offices maintain a separate “NETWORK FILE” containing agreements, applications, resumes, and other correspondence or memoranda concerning each shared candidate and placement.

4.0 Consultant’s Participation
4.1    Placement consultants (counselors, AE, etc) involved in shared referrals and placements shall be so advised and made aware that commissions will be based on the share received and not the entire fee.
4.2    Placement consultants shall be advised that the shared candidate is not subject to recruitment.

5.0 Other Agreements
5.1    All or part of the shared fee is subject to recall in the event of additional collection problems, refunds, fall-offs, etc. Upon being notified of a fall-off, the referring office shall immediately refund its share of the fee to the placing office, even if there is a “replacement guarantee” rather than a “guarantee of a refund.”
5.2    Participating offices may modify any of these NETWORK RULES for the purpose of satisfying individual situations, providing such amendments are made and agreed to in writing by both parties involved. It is suggested that a copy of such amendments be sent to the Network Committee Chairperson as a matter of record.

6.0 Disputes and Arbitration Agreement
6.1    Any questions regarding shared placements should be directed to the Network Chairperson.
6.2    Mediation will be provided by the Network Chairperson. Either party to a dispute may request the MASA Business Practices Chairperson to conduct final and binding arbitration, and each MASA member agrees to participate in such arbitration and be bound by the results thereof.