Partner Network

Terms of Service

Effective from: July, 2018
Our Company: Jobtome International SA, Stabio (Switzerland)

This agreement between You (Affiliate) and Jobtome International SA (Jobtome), Stabio (Switzerland), sets out the terms and conditions applicable to your participation in the Jobtome Affiliate Program (the Program).

1. Definition

Jobtome Affiliate Program provides Jobtome partners, whose role is to generate visits to Jobtome coming from their websites, the possibility to become an Affiliate. The Affiliate, by taking Jobtome's content, can create a flux of traffic and users. With "users" we mean any person who accesses the space provided by the Affiliate for Jobtome on the Affiliates' websites, thus accessing to the classified ads from Jobtome advertisers' websites.

2. The purpose of the partnership

The partnership, by which the Affiliate collaborates with Jobtome, has a specific objective: to increase the traffic and the flux of visits to the classified ads on the advertisers' website/s. Firstly to start the collaboration the Affiliate must sign up on Jobtome Affiliates' website/s and he must provide the following information:

  • Company name
  • Country
  • Website
  • Email address
  • Password

Secondly once an Affiliate has access to its dashboard, he has to fill in the missing payment data in the "Payment" section as it follows:

  • Account holder
  • Banking institution
  • IBAN
  • BIC – Swift

The Affiliates subsequently accesses the "Account Preferences" to add the last personal details having the possibility to edit them at any time (e.g. to change the email address). The Affiliate shall provide Jobtome with a space in its website/s with the objective that the mentioned space could be easily reached by users. Both Jobtome and its Affiliate will commit their selves to let the advertisers increase the number of users that will visit its classified ads, by which he will receive a share of the revenue that the advertisers pay for the mentioned visits.

Jobtome shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. In order to participate as a Affiliate in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Jobtome shall be true, accurate and complete. In case of account cancellation or disapproval, the Affiliate will lose the right to receive any revenues. Affiliates are ineligible to participate if their web properties do not conform with the terms of Jobtome and they are part of this list:

  • Websites promoting the use of alcohol, drugs, violence or any other illegal or unethical content.
  • Websites using incentivized ads such as PTC, PTR, etc…
  • Websites using techniques such as cookie-stuffing, adwares, typosquatting or multilevel programs.
  • Websites that are incomplete or under construction.
  • Parked domains.
  • Websites with a design, content and/or business model very similar to Jobtome's one.

The franchisee shall ensure that ads will not be posted on pages where the user preferences could be changed or pages that could initiate downloads, or distribute viruses and therefore cannot make use of these methods to send traffic to Jobtome pages.

Ads on dynamic content
Affiliates shall not post Jobtome ads on pages or sites with primarily dynamic content (eg live chat, instant messaging, comments with automatic updating, and so on).

Ads in a software application
We do not allow Jobtome ADS through software applications, including, among others, toolbars, browser extensions, and desktop PC applications. The Affiliate can only enter Jobtome code on web pages.

Ads in a new window
Affiliates are not allowed to open Jobtome ads in a new window or to alter the result of clicking on ads.

Ads in pop-up windows
Jobtome ads cannot be posted into windows that are not opened by the click of a user. Moreover, it is not permitted to post Jobtome ads in windows without navigation controls, including back and forward buttons, and editable URL fields. Jobtome ad code shall also not be implemented on pages whose navigational elements have been removed.

Ads on a site with popup
Affiliates are not permitted to post Jobtome ads on sites that contain more than three pop-ups. If a site uses pop-ups, they must not interfere with site navigation, change user preferences, initiate downloads, or distribute viruses. Moreover, sites with contents ofJobtome can not be loaded by softwares that activate pop-ups, change the browser settings, redirects users to unwanted sites or interfere in any way with the normal site navigation. You are required to ensure that no ad network or affiliate makes use of the mentioned methods to drive traffic to pages containing Jobtome code.

3. Payments to Affiliate and Terms of Payment

Affiliate shall receive a commission payment with respect to valid clicks received (as determined solely by Jobtome). The amount as solely determined by Jobtome for its participants in the Program in its sole discretion. Affiliate shall not be compensated for any transactions generated by Affiliate or any party acting on Affiliate's behalf. In addition, Jobtome shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Jobtome or if Affiliate is in breach of this Agreement. In addition and not in limitation to the above, Affiliate shall refund the share of that revenue paid to Affiliate, if caused by artificial or fraudulent impressions. This agreement may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend this Agreement. No dashboard or any other view of any click count shall be considered as contractually binding on Jobtome.

Jobtome shall pay Affiliate within 30 days of the end of each calendar quarter; provided the amount owing to Affiliate is at least one hundred US dollars - 100$ (or one hundred Euros - 100€ / Swiss Francs - 100CHF / British Pounds - 100£). If the amount owing to Affiliate is less than 100$ (or less than 100€ / 100CHF / 100£), the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least 100$ (or at least 100€ / 100CHF / 100£). Affiliate is solely responsible for providing and maintaining accurate contact and payment information associated with Affiliate Account.

Jobtome may withhold any and all payments if Affiliate is in breach of this Agreement and Jobtome shall have no further liability to Affiliate.

Jobtome shall not be liable for the payment of any tax, bank or currency commissions on behalf of the Affiliate. In accordance to these Terms and Conditions, the Affiliate assumes complete responsibility for the payment of any tax, bank or currency commissions arising from its participation in this Program.

4. Guarantees

4.1 The Affiliate guarantees to Jobtome:

  • That any information provided to Jobtome will be truthful, objective, complete, correct and up-to-date.
  • That the Affiliate owns, directly or indirectly every Industrial Property of the website/s of the Affiliate's Platform, as well as the domain/s of the website/s of the Affiliate's Platform, with the effect of making available a space on the Affiliate's Platform as detailed in this Agreement and with the objective of using, hosting, displaying, registering, copying, modifying, reformatting, reproducing, publishing, exhibiting, transmitting and distributing Clients' Ads by Jobtome.
  • That the Affiliate will provide constantly a relevant space for Jobtome on the website/s with the intention that the mentioned space could easily be seen by users.
  • That the website/s and the content do not violate or infringe, or induce to violate or infringe, any regulations or codes of conduct applicable or privacy rights, honour and self image, regulation relative to Personal Data Protection, or fundamental rights or legislation concerning minors' protection rights (including, with no limitations, standard advertisers' conduct codes applicable in the country or State where the ads are displayed, and ads not infringing any Industrial or Intellectual Property of a third party, nor contain any material that can be considered harmful, abusive, obscene, harassing or defamatory).
  • That the space provided by the Affiliate to Jobtome on the website/s is exclusively owned by Jobtome, and the Affiliate has no rights on it.

4.2 Jobtome guarantees to the Affiliate:

  • That the content of the ads shown in its Platform have been published by advertisers.
  • That the objective of publishing advertisers' ads on the space provided by the Affiliate to Jobtome in the website/s is exclusively and solely to increase the traffic of classified ads on advertisers' websites.

5. Level of Service

  • The Affiliate recognises and accepts that Jobtome cannot guarantee the number of impressions, publications, conversions and clicks on an ad, being it on websites of the Jobtome platform or on Affiliate's website/s.
  • In the same way, Jobtome is not responsible for any harm and/or damage and/or loss of potential profit of the Affiliate or any third party that has been affected because of any circumstances of force majeure, unforeseeable events, fortuitous events, error or failure of communication lines, or of the faulty provision or error related to Internet service.
  • Jobtome shall not be held responsible for the solvency and/or payments made by Clients
  • In consequence Jobtome, is not responsible for any harm and/or damage suffered by the Affiliate and/or third parties, nor for harms and/or damages suffered by the Affiliate and any third party, caused directly or indirectly by a Client or a third party, as well as any loss of potential profit and/or benefit not perceived by the Affiliate and/or any third party.
  • Jobtome, as a service provider, is not responsible for the use that, contravening laws and this present partnership agreement, the Affiliate may make of it. In the same way Jobtome does not guarantee that the collaboration it maintains with the Affiliate optimises Affiliate's results, being Jobtome obligations tied to the means and not the results.
  • In case Jobtome has knowledge, in any shape or form, directly or indirectly, of the existence of information that reveals and/or as a consequence of which the Affiliate uses the services provided by Jobtome infringing applicable laws and/or with fraudulent, illicit o unauthorised objectives, Jobtome reserves the right to adopt any measure it considers necessary to prevent the continuity of the illicit or fraudulent actions, including, in this case, the faculty to resolve the present partnership with total indemnity for Jobtome, and the Affiliate shall renounce its possibility to make claims or exercise its rights of any kind, in case there is, directly or indirectly, a mistake or error on Jobtome 's part in what has been stated before.
  • Without affecting what has been previously stated, Jobtome reserves the right to let administrative or judicial authorities know about those facts that may constitute an illicit activity, without having to previously communicate this to the Affiliate.
  • In particular, Jobtome is not responsible for a defective provision of service object of this agreement in the following cases:
    • Interruption and/or error and/or cessation and/or defective provision of services object of this agreement as a consequence of Internet maintenance operations.
    • Interruption and/or error and/or cessation and/or defective provision of services object of this agreement motivated by faults in electrical supply.
    • Reduction in the quality of provision of services object of this agreement due to reasons not directly attributable to Jobtome.
    • Administrative or judicial resolutions.
  • In the same way, the Affiliate will explicitly assume all harms and/or damages, including all loss of potential profit that may be suffered by Jobtome as a consequence of incorrect, out-of-date information and/or documentation facilitated by the Affiliate, as well as the delay or lack of presentation of information, instructions and/or documentation necessary for the correct provision by Jobtome of the services object of the present agreement, making it impossible or delayed
  • It will be a direct responsibility of the Affiliate to adopt the necessary diligence and security measures to obtain its own up-to-date, periodically updated, backups of all relevant and/or sensitive information that it digitally manages or archives, as well as any loss of information resulting from not following this obligation.
  • In consequence, Jobtome will solely be responsible of harms and damages directly, solely and exclusively imputable to Jobtome, and that are not included in the cases mentioned above.
  • In this way, the Parts agree that the maximum responsibility for all the harms and damages in which Jobtome may incur and that can contractually be claimed is limited in all cases to the amount effectively paid to the Affiliate in the month immediately prior to when the damages incurred.

6. Cookies

The Affiliate accepts that, with the objective of controlling Users' sessions, Jobtome will use cookies or whichever tracking devices it considers necessary when Users browse Jobtome and/or Jobtome's Platform, storing and managing the mentioned cookies to have a correct knowledge and tracking of the traffic generated.

7. Incorrect clicks and impressions

Affiliate may earn a commission, as determined by Jobtome in its sole discretion, if Affiliate refers a Qualified User (as defined below) to the Jobtome Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Jobtome Website and purchased a qualifying product or service ("Qualifying Purchase") during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Jobtome's sole discretion. Jobtome is under no obligation to pay any particular amount for any referral and it is in Jobtome's absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Jobtome via a Qualifying Link from the Affiliate's Affiliate Property ("Initial Contact'). No payments under this program shall be any indication of future payments under this program.

A "Qualifying Link" is a link directing a Qualified User from Affiliate's website or online property ("Affiliate Property") to Jobtome using a Program Element provided by Jobtome for use with the Program. A "Session" is the period of time beginning when a Qualified User initially arrives at Jobtome via a Qualifying Link from the Affiliate's Affiliate Property ("Initial Contact"), and ending at Jobtome's absolute discretion. For avoidance of doubt, Affiliate acknowledges that a Session will not commence unless cookies are enabled on the Customer's device or computer in a manner that enables Jobtome to fully attribute actions of Qualified User to Affiliate's Qualifying Link. A "Qualified User" is a user who has not previously registered with Jobtome, has not been previously "cookied" by Jobtome and has not previously visited the Jobtome Website, all as determined by Jobtome in its sole and absolute discretion.

The parties acknowledge and agree that Jobtome shall have the sole right and responsibility for processing all orders made by Qualified Users. Affiliate acknowledges that all agreements relating to sales to Qualified Users shall be between Jobtome and the Qualified User.

The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Jobtome in its sole and absolute discretion and is final and binding on Affiliate. Prices for the Qualifying Purchases will be set solely by Jobtome in its sole and absolute discretion.

Affiliate shall not be entitled to commissions and shall reverse any commissions already paid if Affiliate is in breach of this Agreement or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.

The artificial increase of the volume of impressions or clicks in any circumstances is strictly forbidden. Impressions and clicks counting will be based uniquely on the data provided by Jobtome.
Forbidden methods include, but are not limited to:

  • Any method that artificially increases the website’s activity
  • Clicks generated by the Affiliate or by any third-party directly or indirectly related to the Affiliate, on the Affiliate’s ads and/or links.
  • Using any procedure that forces users to click on an ad or link to access the website’s content.
  • Using any procedure that encourages users to artificially click on the ads or links
  • Any action considered spam.
  • Any other procedure or technique that generates impressions or clicks automatically or fraudulently, according to industry best practices or Jobtome itself.
  • Likewise, generating and using links by any other procedure than the ones offered in Jobtome Affiliates platform is strictly forbidden.
  • Furthermore, sharing links driving to the user directly to an ad is strictly forbidden.

In case of not complying with the regulations mentioned above, intentionally or negligently, the Affiliate agrees to economically compensate Jobtome for the damages.

8. Confidentiality

The Affiliate will maintain privileged and confidential the information provided, transmitted, revealed that it has knowledge of and/or it acquires about Jobtome, independently from the format, medium, form or support used, obligated explicitly to not make any revelations to third parties, copies, usage outside of the terms and conditions of the present agreement, for any reason, through any medium and/or format, or public communication without explicit, written, consent by Jobtome. In the same way, the Affiliate will provide any necessary security, organisational, digital or physical measures so that only Affiliate's authorised personnel can access it.

To the effects of the present collaboration, and in an enunciative but not limitative manner, Confidential Information shall comprise all information relative to

  • Jobtome and/or any of the services provided by Jobtome, including in all cases the samples, codes, drawings, files, user manuals, plans, originals or copies, in paper, digital format and/or any other support and/or medium, subjects, agreements, inventions, finances, brands, commercial contacts, know-how, projects, methodologies, designs, commercial secrets, technology, Industrial and/or Intellectual property owned by Jobtome or its clients, as well as any other matters related directly and/or indirectly with Jobtome and/or societies part of its Group, as well as any information related to campaigns, operations, clients, investigations, commercial plans or market research, made or started by Jobtome and/or its subsidiaries or invests.
  • The present partnership, as well as any project and/or additional contract directly and/or indirectly related to the present partnership that is negotiated, of any kind, in any moment, in any format and/or shape.

In particular, the Affiliate is obliged, towards Jobtome, in relation to Confidential Information, to safeguard all the property rights belonging to Jobtome about Confidential Information, of any kind, in any support, format or medium, and to guarantee the integrity and confidentiality of it, in the following terms:

  • Using Confidential Information to the effect of developing the present partnership and those established by Jobtome, so that except for this, the Affiliate shall not use, transmit and/or exploit the Confidential Information, directly or indirectly, in its own benefit or that of a third party.
  • Using the maximum level of diligence and control and security procedures in the same way they would if the Confidential Information were owned by them, and in any case the level of diligence expected of a business with good judgement.
  • Not revealing Confidential Information to anyone except employees, who perceptively need to know the Confidential Information to the effects of the present partnership, with previous explicit written constant from Jobtome. In the same way, previously to this knowledge, the Affiliate must warn the mentioned employees against the confidential nature of the information and of its treatment.
  • Jobtome can inventory the totality of the Confidential Information provided to the Affiliate, who is explicitly mandated to sign the document in which the mentioned inventory is detailed and to facilitate the mentioned signed document to Jobtome.
  • The Obligation of Confidentiality will subsist indefinitely, even after this partnership agreement will be ended.
  • The Affiliate commits to keep the subscription of this contract a secret as well as any circumstances that surround it, and to avoid using them commercially or in advertising or marketing, without explicit written consent from Jobtome.
  • Failure to comply with the confidentiality obligations assumed in this contract will give Jobtome the right to claim the totality of harms and damages, of any kind, that the non-fullfilment has generated, as well as the end of the present partnership.
  • The Affiliate commits to make its best efforts with the objective of ensuring that the people employed by it or under its direction and control comply with the conditions of this agreement.

9. Duration

The present collaboration shall have an indefinite duration, with the option to be ended by any of the Parts at any moment, with an advance notice of one (1) month that shall be communicated to the other part in any form that allows the acknowledgement of the correct reception of this communication. At the end of the month of advance notice, and thus the end of the collaboration, the Parts shall settle all rights and obligations of any kind that exist between them, of any kind, in any shape and/or form.

10. Notifications

All communications made as a result of this partnership shall be written using this form.
The Affiliate: Notifications shall be directed to the email address given at the time of signing-up on Jobtome Affiliates platform.

11. Cession and third party rights

The Affiliate may not cede, delegate or transmit, directly and/or indirectly, the rights and/or obligations resulting from the present partnership without previous explicit written consent from Jobtome. The dispositions contained in the present partnership, in no case and under no circumstances, can create or bestow rights and/or profits to third parties or any person that is not part of the present partnership.

12. Non compliance and independence

In case there is non-compliance, by any of the Parts, of the obligations, commitments, dispositions, terms, conditions, clauses or pacts detailed in this agreement, the harmed part by the non-compliance can choose between requiring their compliance or ending the present agreement, without receiving any kind of compensation for any harms and damages that the mentioned non-compliance has occasioned.

The Parts, through the exercize of their activities, are directly responsible for complying with the obligations they are legally bound to. To this effect, each of the Parts explicitly states that they will, at all times, act as independent Parts, without the present partnership being understood as another kind of tie, such as the establishment of any kind of society, agency relationship, distribution, mandate or representation, association or alliance or that there is a working relationship of any kind, so each of the Parts assumes, in total, explicitly making the other Part exempt of any compensation after the contract has ended, as well as any fiscal, working, administrative or any other kind of obligations that may derive from it.

13. Jurisdiction and legislation

This partnership is subject to the Swiss law and to the exclusive jurisdiction of the Court of Lugano (Switzerland).