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The following are terms and conditions for participating in the
CleverResume Affiliate Program. "Affiliate" refers to you, and
"CleverResume" refers to CleverResume and its corresponding entities.
CleverResume
reserves the right to amend this agreement as needed from time to time,
and Affiliate agrees that any such amendment will apply to Affiliate.
The continuation of Affiliate status or Affiliate's acceptance of income
or bonuses shall constitute Affiliate's acceptance of any and all
amendments.
1. Affiliate
represents and warrants that he or she is of the legal age of consent in
all applicable jurisdictions or countries and, in any event, is at least
18 years of age.
2. Affiliate will
not engage in any SPAM of any kind, nor will Affiliate engage in any
unauthorized message board, messenger service or other online posting.
CleverResume also considers ANY type of advertisement about CleverResume
posted to a newsgroup or chat room to be SPAM. For the purpose of this
agreement , SPAM is defined as e-mailing ANYONE, in bulk or by single
mailing, about CleverResume, who has not specifically requested the
information directly from Affiliate. "Unsolicited" and "Unauthorized"
are defined as any solicitation not expressly requested or warranted by
any organization or site mentioned above. Use of SPAM may result in the
immediate suspension or termination of Affiliate account. Affiliate will
also be in violation of the CleverResume Affiliate Agreement and subject
to legal action and be held liable for any financial loss incurred by
CleverResume.
3. Affiliate will
not engage in any advertising utilizing spyware or adware of any kind.
This includes "permission" based adware software, used exclusively for
the delivery of popup or related ads. In the event that you have an
application that delivers advertisements, express permission must be
granted in writing from CleverResume to allow any promotion. Affiliate
will also not attempt to "bundle" CleverResume from CleverResume with
any other software, regardless of user permission or otherwise, unless
expressly permitted to do so in writing by CleverResume. CleverResume
has no past or existing "bundling" arrangement of any kind, so Affiliate
shall not bundle CleverResume software with any other unless expressly
permitted in writing to do so by CleverResume.
4. Affiliate will
not engage in any browser hijacking of any kind, or any other
interference with the normal functioning of a potential website
visitor's computer. This could include starting any process(es) not
expressly started by potential website visitor, including opening of a
CD rom, or any other program or application. In keeping with this,
Affiliate is directly responsible to be in full compliance with all
pertinent law and the following two laws specifically: HR2929, the
Securely Protect Yourself Against Cyber Trespass Act, and HR4661, the
Internet Spyware Prevention Act of 2004.
5. Affiliate will
not intentionally mislead any potential website visitor to believe that
a CleverResume product is any other product. This could include website
content, or ads run on any search engine. Affiliate will not use any
product name in context of advertising which could be misunderstood to
be a CleverResume product, and therefore be misleading to the potential
website visitor.
6. Affiliate will
not use advertising which is directly false or misleading. This could
include claims that "Porn" has been found on a user's machine when no
actual scan for such items has been done, or directly using a customer's
system information to falsely induce a click or purchase. This could
include showing contents of particular sections of the potential website
visitor's hard drive, cookie folder, or system settings, as well as
specific information, such as IP address, operating system, or any other
"non critical" system information. "Non Critical" is defined for
purposes of this document as any specific system information that has no
direct connection with any spyware/adware or any specific system problem
CleverResume will assist in repairing.
7. Affiliate agrees
to assume sole responsibility for compliance with all applicable
intellectual property laws and all other federal, state and
international laws. In the event that CleverResume should receive any
notification of claimed infringement by Affiliate, Affiliate agrees to
cooperate with CleverResume in expeditiously responding to such
notification and resolving any claim of infringement. In the event that
an affiliate is unresponsive or unwilling to assist, CleverResume will
take any and all measures to prevent Affiliate from further involvement
in our program, and will further cooperate in any law enforcement action
as a result of said Affiliate's actions.
8. Affiliate will be
directly responsible for all tax liabilities, including without
limitation, liabilities to any agency with respect to any earnings or
payments made as a result of affiliate's promotion of CleverResume.
Affiliate further agrees to indemnify and reimburse CleverResume in the
event of any claim for assessment by any foreign, United States federal,
state, and/or local taxing authority.
9. Affiliate agrees
that a CleverResume Affiliate is an independent contractor and not an
employee, agent, partner, legal representative, or franchisee of
CleverResume. Affiliate further agrees not to incur any debt, expense,
obligation on behalf of, for, or in the name of CleverResume.
10. All Affiliate
applications are subject to approval by CleverResume
11. Affiliate agrees
to receive CleverResume e-mail, including but not restricted to sales
reports, training, plus messages from Affiliate's Team Leader and/or
Group Leader.
12. Affiliate agrees
to present CleverResume products and services as set forth at the
official CleverResume Website. Affiliate will make no claims regarding
products or services beyond what is stated at the official CleverResume
Website.
13. CleverResume is
not responsible for technical problems, acts by third parties, or other
events outside our reasonable control which may temporarily disrupt or
diminish service.
14. CleverResume
reserves all rights in or to its trademarks and servicemarks but may be
used by Affiliate in accordance with this agreement. Affiliate may in no
way display a CleverResume logo, image, or trademark which may be
distasteful, defame, or misrepresent CleverResume.
15. Affiliate may
not assign rights or delegate duties under this Agreement without the
prior written consent of CleverResume. Upon request, CleverResume will
provide Affiliate with guidelines for the sale, transfer, or assignment
of Affiliate's CleverResume business.
16. Affiliate agrees
not to present others' creative works-in full or in part-as his or her
own nor engage in violation of copyright agreements for any reason. Such
violations could result in suspension or termination of membership.
17. CleverResume
makes no warranties expressed or implied with regard to Affiliate
Program except as outlined in this Agreement.
18. In the event
that a provision of this Agreement is held to be invalid or
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable, and the balance of the Agreement will
remain in full force and effect.
19. CleverResume
shall not be held liable for any indirect, incidental, special, or
consequential damages or any loss of revenue or profits arising under or
with respect to this Agreement or program, even if CleverResume has been
advised of the possibility of such damages. CleverResume aggregate
liability arising under or with respect to this agreement or the program
shall in no event exceed the amounts paid or payable by CleverResume
under this agreement.
20. Both
CleverResume and the Affiliate reserve the right to terminate this
agreement at any time. The term of this Agreement shall be for a period
of one year from the date hereof and shall automatically renew upon each
anniversary without further act of the parties unless either party has
terminated this Agreement by written notice to the other. |