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The CareerBliss Sponsored Jobs Program Terms ("Terms")
are entered into by you and CareerBliss ("CareerBliss").
"You" or "you" means the party listed on the account you create
and you represent you have the authority to agree to this Agreement for that party.
You represent and warrant that you are authorized to act on behalf of, and bind
to this Agreement, any third party for which you generate Sponsored Job Ads. You
hereby agree and acknowledge:
The Program
The CareerBliss Sponsored Jobs Program ("Program")
use is subject to all applicable CareerBliss policies, including without limitation
the CareerBliss Privacy Policy (http://www.careerbliss.com/privacy-policy/).
CareerBliss’ policies may be modified at any time. In purchasing Sponsored
Job Ads ("Sponsored Jobs"), you are solely responsible for all: (a) all
ad or job content and target URLs ("Creative"), whether
generated by or for you; and (b) web sites proximately reachable from Creative URLs
and your services and products (collectively "Services").
You shall protect your passwords and take full responsibility for your own, and
third party, use of your accounts. Sponsored Jobs may be placed on (y) any content
or property provided by CareerBliss ("CareerBliss Property"),
and (z) any other content or property provided by a third party ("Partner")
upon which CareerBliss places Sponsored Jobs or provides job search results ("Partner
Property"). CareerBliss or Partners may modify, reject or remove
any Sponsored Jobs for any or no reason.
Cancellation
In the absence of an Insertion Order or other
agreement to advertise with CareerBliss, you may independently cancel online or
with your account manager any advertisement at any time. Such cancellation is generally
effective within 24 hours. CareerBliss may immediately cancel the Program or these
Terms at any time with notice. CareerBliss may modify the Program or these Terms
at any time without liability and your use of the Program after notice that Terms
have changed indicates acceptance of the Terms. Sections 1, 2, 4, 5, 6 and 7 will
survive any expiration or termination of this Agreement.
Prohibited Uses
You shall not, and shall not authorize
any party to: (a) generate automated, fraudulent or otherwise invalid impressions
or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent
business practice in any state or country where your advertisement is displayed.
You represent and warrant that (x) all your information is correct and current;
(y) you hold and grant CareerBliss and Partners all rights to copy, distribute and
display Creative and Targets ("Use"); and (z) such Use
and websites linked from your Sponsored Jobs (including services or products therein)
will not violate or encourage violation of any applicable laws. Violation of these
policies may result in immediate termination of this Agreement or your account without
notice and may subject you to legal penalties and consequences.
Disclaimer and Limitation of Liability
CAREERBLISS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. CareerBliss disclaims all guarantees
regarding positioning or the levels or timing of: (i) costs per click, (ii) click
through rates, (iii) delivery of any impressions on any Partner Property or CareerBliss
Property or sections of such properties, (iv) clicks or (v) conversions for any
Creative or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES
HEREUNDER AND YOUR BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY
TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CAREERBLISS BY YOU FOR THE
SPONSORED JOBS GIVING RISE TO THE CLAIM.
Payment
You shall be charged based on actual clicks or
other billing methods you may choose online or with your account manager. You shall
pay all charges in US dollars. Charges are exclusive of taxes. You are responsible
for paying (y) all taxes and government charges, and (z) reasonable expenses and
attorney fees CareerBliss incurs collecting late amounts. You waive all claims relating
to charges unless claimed within 60 days after the charge (this does not affect
your credit card issuer rights). Charges are solely based on CareerBliss’ click
measurements. Refunds (if any) are at the discretion of CareerBliss and only in
the form of advertising credit for CareerBliss Properties. You acknowledge and agree
that any credit card and related billing and payment information that you provide
to CareerBliss may be shared by CareerBliss with companies who work on CareerBliss’ behalf,
such as payment processors and/or credit agencies, solely for the purposes of checking
credit, effecting payment to CareerBliss and servicing your account. CareerBliss
may also provide information in response to valid legal process, such as subpoenas,
search warrants and court orders, or to establish or exercise its legal rights or
defend against legal claims. CareerBliss shall not be liable for any use or disclosure
of such information by such third parties.
Indemnification
You shall indemnify and defend CareerBliss,
its agents, affiliates, and licensors from any third party claim or liability (including
without limitation reasonable legal fees) arising out of your Program use, Targets,
Creative and Services and breach of the Agreement.
Miscellaneous
The Agreement must be construed as if both
parties jointly wrote it, governed by California law except for its conflicts of
laws principles and adjudicated in Orange County, California. The Agreement constitutes
the entire agreement between the parties with respect to the subject matter hereof.
You may grant approvals, permissions and consents by email, but any modifications
by you to the Agreement must be made in a writing (not including email) executed
by both parties. Any notices to CareerBliss must be sent to: CareerBliss, Sponsored
Jobs Program, 6591 Irvine Center Dr., Irvine, CA, 92618 USA, via first class or
air mail or overnight courier, and are deemed given upon receipt. Notice to you
may be affected by sending email to the email address specified in your account,
or by posting a message to your account interface, and is deemed received when sent
(for email) or no more than 15 days after having been posted (for messages in your
CareerBliss Sponsored Jobs interface). A waiver of any default is not a waiver of
any subsequent default. Unenforceable provisions will be modified to reflect the
parties' intention, and remaining provisions of the Agreement will remain in full
effect. You may not assign any of your rights hereunder and any such attempt is
void. CareerBliss and you and CareerBliss Partners are not legal partners or agents,
but are independent contractors.
