Effective from: Sept. 26, 2016
Our Company: Jobtome International SA, Rancate (Mendrisio, Switzerland)
This agreement between You (Affiliate) and Jobtome International SA (Jobtome), Rancate (Mendrisio, Switzerland), sets out the terms and conditions applicable to your participation in the Jobtome Affiliate Program (the Program).
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.
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:
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:
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:
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.
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.
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:
In case of not complying with the regulations mentioned above, intentionally or negligently, the Affiliate agrees to economically compensate Jobtome for the damages.
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
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:
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.
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.
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.
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.
This partnership is subject to the Swiss law and to the exclusive jurisdiction of the Court of Lugano (Switzerland).