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This Agreement made and entered by and between AGBO Business
Architecture ("EasyJob.Net", “EasyJob”
or "we"), the owner of the EasyJob software copyright,
website, and domain, and you, the affiliate ("you"
or "Affiliate"), contains the complete terms and
conditions that apply to your participation in the EasyJob.Net
Affiliate Program (the "Affiliate Program" or "Program").
"Site" means a World Wide Web site and, depending
on the context, refers either to easyjob.net ("our site"),
or to any site that you will link to our site (and which you
will identify in your Program application). "Product
or Products" means EasyJob Resume Builder.
Enrollment in the Program
You will submit a complete Affiliate Program application from
our site. After we carefully review your application, we will
notify you of your acceptance or rejection to the Program.
We may reject your application (at our sole discretion) if
we feel your site is unsuitable or inconsistent with the mission
of EasyJob. If your site is accepted, EasyJob may terminate
this Agreement anytime thereafter if your site is determined
(at our sole discretion) to be unsuitable for the Program.
Promotion of Our Affiliate Program
Upon your acceptance as an Affiliate Site, we will make available
to you (via EasyJob.Net affiliate site) a variety of graphic
and textual links (the "Links"), which, subject
to the terms and conditions hereof, you may display as often
and in as many areas of your site as you desire. The Links
will serve to identify your site as a member of our Affiliate
Network and will establish a link from your site to ours or
to your unique affiliate order panel.
EasyJob.Net Agrees To:
- Pay Affiliate a commission of 40% on the Product sale
price to the Visitors that you refer from your site according
the terms of this Agreement. The commission will be calculated
by the net product sales price (excluding costs for shipping,
handling, taxes, service charges, credit card processing
fees, returns and bad debt) actually invoiced to the referred
Visitors.
- Commission due will be calculated on a monthly basis based
on the number of EasyJob product’s license sales that
Affiliate refers to us per month. No fees shall be payable
if a visitor do not BUY a license of the EasyJob products
in our Website.
- Pay Affiliate on a monthly basis when your account has
reached a minimum of $50.00. Accounts with a balance of
less than $50.00 will roll over to the next month.
Affiliate Agrees To:
- Observe EasyJob's exclusive rights as to the names of
its properties, including but not limited to EasyJob, EasyJob.Net
and EasyJob Resume Builder and EasyJob Rewards within all
pay-for-placement and other search engines. Additionally,
Affiliate may not claim to be EasyJob in any pay-for-placement
or other search engines. If Affiliate violates this policy,
Affiliate will be terminated and EasyJob reserves the right
to charge back, and/or disallow any and all commissions.
- Affiliates may not bid on the EasyJob name including,
but not limited to easyjob.net, www.easyjob.net and misspellings
or variations of our names. Affiliates may use any other
keywords on any pay per click search engine to promote EasyJob,
but may never bid higher than EasyJob.
- Remove all links regarding sweepstakes and other promotions
on the date such promotions end, and agree to forfeit any
commissions earned after the end date of the promotions
if you continue to post such links.
- Place EasyJob Links on your site.
- Have sole responsibility for the development, operation,
and maintenance of your site and for all the materials that
appear on your site.
- Ensure that all materials posted on your site are not
illegal and do not infringe on the rights of any person
or entity of any kind. We disclaim all liability for all
materials on your site.
- Indemnify, defend, and hold us harmless from all claims,
damages, and expenses relating to the development, operation,
and contents of your site.
- Make sure that your site does not copy or resemble the
look and feel of EasyJob.Net or create the impression that
your site is our site or a part of our site.
- Submit the URLs for all sites you plan to use to promote
EasyJob.Net and our products via e-mail to affiliates@easyjob.net
- Earn the commission over the sales made to the Visitors
referred by him or her who meet its full payment obligations
and do not cancel their invoice (e.g. in cases where a charge
back of a credit card charge, a debit advice or other return
or refund of the software product occurs). In case of Visitor’s
payments obligations are not met, the related commission
can be offset or invoiced to Affiliate at our own discretion
if the commission was previously paid by us.
Product Pricing
We may determine the prices to be charged for products sold
under this Agreement in accordance with our own pricing policies.
Product prices and availability may vary from time to time.
Publicity
You shall not create, publish, distribute, or permit any written
material that makes reference to us without first submitting
such material to us and receiving our written consent.
Confidentiality
Except as otherwise provided in this Agreement or with the
consent of the other party hereto, each of the parties hereto
agrees that all information, including, without limitation,
the terms of this Agreement, business and financial information,
customer and vendor lists, and pricing and sales information,
concerning us or you, respectively, or any of our Affiliates
provided by or on behalf of any of them shall remain strictly
confidential and secret and shall not be utilized, directly
or indirectly, by such party for its own business purposes
or for any other purpose except and solely to the extent that
any such information is generally known or available to the
public through a source or sources other than such party hereto
or its affiliates.
Limitation of Liability
We will not be liable for indirect, special, or consequential
damages, or any loss of revenue, profits, or data, arising
in connection with this Agreement or the Affiliate Network,
even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this
Agreement and the Affiliate Program will not exceed the total
commissions paid or payable to you under this Agreement.
Limited License
We grant you a nonexclusive, nontransferable, revocable right
to access our site through the Links solely in accordance
with the terms of this Agreement, for the sole purpose of
linking your site to our site, solely for the purpose of identifying
your site as a participant in the Program and assisting in
increasing EasyJob products sale in EasyJob.Net web site.
You may not alter, modify, or change the Links in any way.
You are only entitled to use the Links to the extent that
you are a member in good standing of the EasyJob Affiliate
Program. We may revoke your license anytime by giving you
written notice.
Disclaimers
We make no express or implied warranties or representations
with respect to the EasyJob Web site, EasyJob products or
the EasyJob Affiliate Program (including, without limitation,
warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of course of performance,
dealing, or trade usage). In addition, we make no representation
that the our products has more guaranty than the guaranty
describe in the EasyJob End User License Agreement, neither
operation of our site will be uninterrupted or error-free,
and we will not be liable for the consequences of any interruptions
or errors.
Termination
The terms of this Agreement will begin upon acceptance of
your application. This Agreement shall commence on the date
of approval of your Affiliate Program application and shall
continue thereafter in full force and effect until terminated
at any time by either party by giving the other party written
notice of termination. Upon termination of this Agreement
for any reason, you will immediately cease use of, and remove
from your site, all Links to our site, and all EasyJob.Net
trademarks, trade dress, and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in
connection with the Program.
Modifications
We may modify any of the terms and conditions of this Agreement
at any time. You will be notified by email, and a change notice
will be posted on our site. If the modifications are unacceptable
to you, your only recourse is to terminate this Agreement.
Your continued participation in this Affiliate Program after
a change notice has been posted will constitute binding acceptance
of the change.
Independent Contractors
You and EasyJob are independent contractors and nothing in
this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or
accept any offers or representations on our behalf.
Representations and Warranties
You hereby represent and warrant to us as follows:
- This Agreement has been duly and validly executed and
delivered by you and constitutes your legal, valid, and
binding obligation, enforceable against you in accordance
with its terms.
- The development, operation, and contents of your site
do not infringe upon the copyright, trademark, or any other
right of any person or entity.
Independent Investigation
You acknowledge that you have read this Agreement and agree
to all its terms and conditions. You understand that we may
at any time (directly or indirectly) solicit customer referrals
on terms that may differ from those contained in this Agreement
or operate Web sites that are similar to or compete with your
Web site. You have independently evaluated the desirability
of participating in the EasyJob Affiliate Program and are
not relying on any representation, guarantee, or statement
other than as set forth in this Agreement.
Fraud
If you commit fraud or falsify information in connection with
the registration of members in EasyJob through the Links on
your site, this Agreement will be terminated immediately.
In addition, you will be liable to EasyJob for any and all
damages that EasyJob suffers as a result of such actions.
You will also be responsible for returning to EasyJob all
commissions received for fraudulent/falsified members, and
we will not hesitate to pursue all legal causes of action
against you to the fullest extent possible under the law.
Anti-Predatory Advertising Policy
Affiliates will be removed from the EasyJob Affiliate Program
and forfeit any pending commissions if they are utilizing
or distributing software downloads that potentially enable
diversions of commission from other affiliates in our program.
Assignment
This Agreement and the rights and obligations hereunder may
not be assigned by you without prior written consent of EasyJob.
Reservation of Rights
EasyJob may terminate this Agreement at any time if your site
is determined (at our sole discretion) to be unsuitable for
the Program, even if your site has not changed since the time
that your Affiliate Program application was accepted. EasyJob
also reserves the right to monitor Affiliate sites at any
time to determine whether they are in compliance with this
Agreement.
Governing Law
This Agreement will be governed by the laws of Spain. Any
dispute relating in any way to this Agreement (including any
actual or alleged breach hereof), any transactions or activities
under this Agreement or your relationship with us or any of
our affiliates shall be submitted to the Court of the Town
of Madrid (and you irrevocably consent to the jurisdiction
of such court). Except that, to the extent you have in any
manner violated or threatened to violate our intellectual
property rights, we may seek injunctive or other appropriate
relief in any other court of competent jurisdiction (and you
consent to non-exclusive jurisdiction and venue in such court).
The UN Treaty on the International Sale of Goods shall not
apply
EasyJob Affiliate Agreement last revision: January, 20th,
2007.
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