Affiliate Agreement - Terms and Conditions

To be an authorized Affiliate of Job Openings.net, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the JobOpenings.net Affiliate Program. By signing up for JobOpenings.net, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the JobOpenings.net Affiliate Program.

PRIVACY POLICY

JobOpenings.net respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about Your privacy rights, contact us at  Please read our online Privacy Statement.

The following agreement is summarized as follows:

• You place our banners anywhere on your site as you see fit, or within non-spam emails.
• Adult, Hate, or other related sites are not allowed
• You will be paid your commissions, at such time as your account balance is $50 or more. See payment details and exceptions to this rule below.
• All statistics are collected and calculated by JobOpenings.net, and will be the only valid stats used for determining commissions.
• As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. 
• International affiliates (those with addresses outside of the 50 U.S. States and Canada) are not accepted into the Affiliate program.
• Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be physically located in the USA. 
• You won't hold us liable for anything.  A link to a non-JobOpenings.net website does not mean that JobOpenings.net endorses or accepts any responsibility for the content or the use of such website.
• You cannot send unsolicited emails (SPAM) or use purchased "opt-in" email services for the purpose of sending traffic to JobOpenings.net. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.  Terminated accounts will have their earned commissions forfeited. We are very serious about our anti-SPAM policy.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. are NOT allowed.
• You cannot refer yourself or your employer as a customer of JobOpenings.net and receive commissions. 

As an Affiliate, you may place and remove Links on Your site and in Your email messages at Your discretion.

AFFILIATE PAYMENT

You will receive a Commission for sending a JobOpenings.net authorized sales. In order to place Links, You must first be approved to become an Affiliate of JobOpenings.net’s program. You understand that the Payout amount may be changed at any time. You receive the Commission from JobOpenings.net. Payments are made automatically on or about the twentieth (20th) day of each month via PayPal when your account balance reaches $50 ($100 for affiliates who elect to be paid by check) or more for the previous months' transactions. At the end of the calendar year, we will pay all affiliates who have earned at least $10.  If you choose to receive your payments by check, we will deduct a $5 processing fee from your payment.

Money credited to Your Account does not accrue interest. In the event of a VOID by a JobOpenings.net customer, JobOpenings.net may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to JobOpenings.net

SERVICE AND SUPPORT

JobOpenings.net will provide support for the Affiliate Program as indicated on the JobOpenings.net website.

EMAIL CONTACT

JobOpenings.net reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to any JobOpenings.net related products and services.

CHANGES TO THE AFFILIATE PROGRAM

JobOpenings.net reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the program at any time. In the event of any material change, JobOpenings.net will notify You via e-mail, newsletter or the JobOpenings.net website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Affiliate Program.

REGISTRATION

To sign up as an Affiliate of JobOpenings.net as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN JobOpenings.net: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, JobOpenings.net will select a username and password combination that You use to access Your Affiliate area. You shall provide JobOpenings.net with accurate, complete and updated registration information. You agree that JobOpenings.net may rely on any data, notice, instruction or request furnished to JobOpenings.net by You which is reasonably believed by JobOpenings.net to be genuine and to have been sent or presented by a person reasonably believed by JobOpenings.net to be authorized to act on Your behalf. You shall notify JobOpenings.net by e-mail at affiliates@jobopenings.net of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by JobOpenings.net and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to JobOpenings.net that all content You provide is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As JobOpenings.net may not review all information provided by You, You shall remain solely responsible for Your content and website. 

Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chat rooms or guest books. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to JobOpenings.net for that Link.

JobOpenings.net RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF JobOpenings.net. If You are terminated from the Affiliate Program, JobOpenings.net has the right to withhold money You earned or money that You owe and You will not be allowed to re-join the JobOpenings.net affiliate program.

LIMITED WARRANTY

The Affiliate Program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JobOpenings.net DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE AFFILIATE PROGRAM, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, JobOpenings.net SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. JobOpenings.net will make reasonable commercial efforts to keep its website operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the JobOpenings.net liable for any of the consequences of such interruptions. JOBOPENINGS.NET SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEBSITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. JOBOPENINGS.NET SHALL HAVE NO LIABILITY WITH RESPECT TO JOBOPENINGS.NET OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF JOBOPENINGS.NET HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF JOBOPENINGS.NET HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY JOBOPENINGS.NET AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

JOBOPENINGS.NET OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE JOBOPENINGS.NET WEBSITE OR ANY INFORMATION PROVIDED ON THE JOBOPENINGS.NET WEBSITE OR ANY OTHER HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF JOBOPENINGS.NET OR A JOBOPENINGS.NET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPER-LINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JOBOPENINGS.NET'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that JobOpenings.net has no responsibility or liability as a result of Your placement of authorized Links from Your website, and You agree to indemnify, defend, and hold harmless JobOpenings.net and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

JobOpenings.net agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to JobOpenings.net's negligence or willful misconduct or its breach of this Agreement.

NON-DISCLOSURE

JobOpenings.net acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. JobOpenings.net agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of JobOpenings.net, that becomes available to JobOpenings.net from third parties without knowledge by JobOpenings.net of any breach of fiduciary duty, or that JobOpenings.net had in its possession prior to the date of this Agreement. Any information we receive is used solely for tracking and Commission payment purposes. JobOpenings.net reserves the right to be able to utilize this data in aggregate to analyze usage trends, monitor website efficiencies, and perform such other analysis as JobOpenings.net deems appropriate.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use JobOpenings.net provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the JobOpenings.net, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the sole property of JobOpenings.net, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

JobOpenings.net may immediately terminate Your license to use the marks if the JobOpenings.net reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge JobOpenings.net’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of JobOpenings.net.

NON-ASSIGNABILITY

Affiliate of JobOpenings.net may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by Virginia, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the Commonwealth of Virginia, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

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