Terms and Conditions of
Servorum’s Affiliate Program
Last updated: June 29th, 2026.
This document establishes the rules governing the relationship between Pedro Cadena Diaz , doing business as Servorum (hereinafter, "The Company") and the Independent External Recruiter / Affiliate (hereinafter, "The Affiliate") regarding the sourcing of candidates and the referral of corporate clients.
1. Scope of the Program and Individual Eligibility
This program is strictly and exclusively open to individuals acting as independent professionals. Under no circumstances is this program open to corporate recruitment agencies, staffing firms, or legal entities.
Right of Selection & Admission Process: The Company reserves the absolute right to select the Affiliates with whom it collaborates. To participate in the program, individuals must formally submit an application through the official registration form provided by The Company. The Company will review the application and notify the applicant within two (2) business days whether their application has been approved or rejected. No Affiliate may submit candidates or claim commissions without prior written approval.
The Affiliate shall participate strictly as an Independent Contractor in sourcing candidates and/or referring corporate clients for job openings managed by The Company.
This relationship is exclusively of a commercial and mercantile nature. Under no circumstances does it constitute or imply an employment relationship, partnership, joint venture, subordination, or exclusivity between the parties.
The Affiliate retains full autonomy over how, when, and where they perform their activities, utilizing their own tools, equipment, and resources.
2. Tax Responsibility and Mandatory Legal Invoicing
Tax Obligations: As an independent contractor, The Affiliate is solely responsible for reporting, withholding, and paying all applicable local, state, federal, or international taxes, social security contributions, insurance, and any other legal assessments arising from any commissions paid under this agreement.
Mandatory Invoicing: To receive any commission payment (whether for client referral or candidate sourcing), The Affiliate must issue and submit a valid legal invoice (factura legal or compliant international invoice) to The Company. No payments will be processed without the corresponding legal invoice.
Labor Indemnification: The Recruiter explicitly declares that they have no right to employment benefits, paid leave, severance, or workers' compensation from The Company. The Recruiter agrees to indemnify, defend, and hold harmless The Company from any and all claims, losses, liabilities, or demands made by any authority or third party alleging an employment relationship or demanding unpaid labor benefits or taxes.
3. Non-Circumvention (Protection of Clients and Candidates)
The Affiliate acknowledges that all information regarding The Company’s clients, fees, and job openings is strictly confidential and proprietary.
The Affiliate agrees not to circumvent, bypass, or avoid The Company by directly or indirectly contacting, soliciting, or conducting recruitment business with any client introduced by The Company during the term of this agreement and for a period of twelve (12) months following its termination.
If The Affiliate bypasses The Company and places a candidate directly with the client, The Affiliate shall be liable to pay The Company a penalty equal to the full fee that The Company would have collected from said client, plus any legal fees incurred.
4. Client Referral Program (10% Account Executive Commission)
Eligibility: Any eligible individual Affiliate who successfully introduces a new corporate client that signs a service agreement with The Company shall be eligible for this commission.
Commission Rate: The Company shall pay the referrer 10% of the total net fees actually collected from said client for any successful placement (e.g., $1,000 USD on a $10,000 USD total fee).
Duration: This 10% commission applies to all placements successfully billed and collected from the introduced client for a period of twelve (12) months from the date the client signs their first service agreement with The Company.
First-Contact Rule: To avoid duplicate claims, a client referral is only valid if The Company does not have an active or previous commercial relationship with said client, and the referral is documented via email or the official submission channel before commercial talks begin.
5. Recruitment Commission Structure (40% Candidate Sourcing Commission)
Commission Rate: The Company shall pay The Affiliate 40% of the total net fees actually collected from the end client for the successful sourcing and placement of a candidate (e.g., $4,000 USD on a $10,000 USD total fee).
Combination of Commissions: If the same individual Affiliate brings both the client and the candidate for the vacancy, they will be entitled to receive both commissions combined, totaling 50% of the net fees collected (e.g., $5,000 USD on a $10,000 USD total fee), subject to the criteria of Section 1.
Success Condition: No commission (neither the 10% nor the 40%) will be generated or paid if the client fails to pay The Company.
Payment Timeline: All commission payments will be processed within 30 calendar days after both these conditions are met: a) The Company has received full payment from the end client and b) the mandatory legal invoice described in Section 2 has been delivered.
6. Candidate Ownership and Duplication Policy
To prevent disputes regarding candidate ownership, the "First to Submit" criterion will be strictly applied under the following rules:
Unique Registration: The candidate will belong to the first Affiliate who uploads or submits the profile to The Company's official system or channel, based on the exact timestamp.
Pre-Screening Requirement: Mass resume submission (cv spamming) is strictly prohibited. The Affiliate must include the candidate's salary expectations, availability, and explicit confirmation that the candidate agreed to be represented by The Affiliate for this specific vacancy.
Ownership Expiration: Candidate ownership registered by a Affiliate expires after 6 months. After this period, if the candidate is submitted by another Affiliate for a different vacancy, the commission will belong to the new Affiliate.
7. Quality Assurance
The Affiliate agrees to conduct a thorough pre-screening and initial interview before submitting any profile. The Company reserves the right to reject candidates who do not meet the technical profiles or skills requested by the end client.
8. Guarantee Period (Candidate Retention)
If the hired candidate voluntarily resigns or is terminated for cause within the first 180 calendar days from their start date, the placement will be considered Failed.
In the event of a Failed Placement, The Company must replace the candidate free of charge. Therefore, since the comission will have already been paid, that amount will be treated as a credit in favor of The Company for future placements made by The Affiliate.
9. Governing Law and Jurisdiction
This Agreement, its interpretation, performance, and any dispute arising from it shall be governed by and construed in accordance with the commercial and civil laws of the State of Nuevo León, Mexico, without regard to its conflict of law principles.
Both parties expressly and irrevocably agree to submit to the exclusive jurisdiction of the competent courts located in Monterrey, Nuevo León, Mexico, for the resolution of any legal action, dispute, or proceeding relating to this Agreement, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.
10. Modification and Termination
The Company reserves the right to modify these Terms and Conditions upon 15 days prior notice. Either party may terminate this collaboration at any time without penalty, provided that any ongoing hiring processes already in progress are respected.