Before submitting an application to participate in the FabJob.com Ltd. ("FabJob" or "FabJob") Affiliate Program (the "Program"), an applicant must read this FabJob Affiliate Agreement (the "Agreement") in its entirety. 

This Agreement is a binding agreement between the individual or entity submitting the application to become an affiliate ("you" or the "Affiliate") and FabJob. This Agreement contains the complete terms and conditions which you, the Affiliate, agree to be bound by as a participant in the Program and which shall apply once your application to participate in the Program has been accepted by FabJob.

ARTICLE 1
Application to the Program

1.1 Once you have read and agree to be bound by all of the terms of this Agreement, complete and submit an Affiliate Program Application via the FabJob website. Your application will be reviewed by FabJob and FabJob will notify you of whether you have been accepted into the Program. 

1.2  Affiliates must provide the address(es) of the website(s) on which they intend to display information about FabJob.com products. Any websites that display any material that may be considered to be pornographic or legally obscene, violent, abusive, harassing, discriminatory in anyway, hateful, libelous, defamatory, promoting illegal activities, violating intellectual property rights, or potentially damaging to FabJob's reputation through association will not be considered acceptable for the Program.

ARTICLE 2
FabJob Guides

2.1  FabJob is the owner of all right, title and interest in and to the FabJob career guides (including all future guides or future versions thereof) on the FabJob website (hereinafter referred to singularly as a "Guide" or collectively as the "Guides").

2.2  FabJob intends to sell and distribute the Guides electronically and in CD-ROM format using, in part, third party affiliates who will establish links to the FabJob website where the Guides will be offered for sale.

2.3  As FabJob adds additional goods or services for sale on the FabJob website, the Affiliate shall have the right to become an affiliate of such goods or services. Such goods or services shall be included in the term "Guides" and this Agreement shall also apply to such goods or services.

2.4  FabJob shall establish all procedures relating to the sales of the Guides including, without limiting the generality of the foregoing, the pricing, placement of orders, payment terms, processing, delivery, returns, money back guarantees, etc. FabJob shall have the right to cancel, suspend or delay any order for the Guides including the right to discontinue to sell the Guides at any time.

ARTICLE 3
Participation and Affiliate Links

3.1  Upon acceptance into the Program, FabJob will grant to the Affiliate the non-exclusive and revocable right to promote and market the Guides through the affiliate's website and to establish a link to FabJob’s website, in accordance with this Agreement.

3.2  All sales of the Guides shall be effected through the FabJob website. All sales proceeds will be payable directly to FabJob.

ARTICLE 4
Payment of Affiliate Commissions

4.1  FabJob will pay the Affiliate a commission of 15% (the "Affiliate Commission") on sales made by the Affiliate through a link identifying the Affiliate to the FabJob website, less any taxes required to be withheld by law, of the retail sales price paid and received by FabJob of any Guides sold (excluding any shipping and handling charges). In no circumstances shall FabJob be liable to pay an Affiliate Commission to more than one affiliate on any one sale.

4.2  FabJob will set the retail sales price of the Guides and any other goods or services sold by FabJob in the future. FabJob reserves the right to adjust the sales price of the Guides as it deems appropriate. 

4.3  The Affiliate shall be responsible for all taxes and other similar levies applicable to the Affiliate Commission pursuant to any law or regulation.

4.4  The tracking of Affiliate sales and Affiliate Commissions will be automated by FabJob. All sales by the Affiliate will be identified electronically. 

4.5  Affiliate Commissions will be accumulated monthly based on sales for the particular month (the "Sales Month") and payment will be made to the Affiliate by mail or other means within 45 days following the end of the Sales Month provided that the Affiliate’s accumulated Affiliate Commissions equal U.S. $50.00 or more, or in the case of termination of this Agreement by either FabJob or the Affiliate. For administrative convenience, if the Affiliate’s accumulated Affiliate Commissions is less than U.S. $50.00 in a month, payment shall be mailed or sent by other means during a subsequent month. Affiliate Commission overpayments may be deducted by FabJob from future payments or shall be reimbursed by the Affiliate. The Affiliate may receive payment of the Affiliate Commission where the amount in question is less than U.S. $50.00 by requesting FabJob pay same provided that the Affiliate assumes FabJob’s costs of making the payment. 

4.6  The Affiliate acknowledges that a sample portion of the Guides, selected by FabJob, will be distributed at no cost for promotional purposes and there will be no Affiliate Commission paid to the Affiliate with respect to this distribution. In addition, the Affiliate further acknowledges that no Affiliate Commission shall be payable to the Affiliate on any Guides sold through the Affiliate’s website that are returned pursuant to FabJob’s money back guarantee. If a Guide is paid for in part with one or more promotional gift certificates (gift certificates that FabJob has distributed free for promotional purposes), the Affiliate Commission will be based on the actual revenue received by FabJob from the sale of that Guide (excluding any shipping and handling charges).

4.7  FabJob will provide to the Affiliate a written report of the Affiliate’s sales with each monthly payment and FabJob will provide any further reasonable information relevant to sales of the Guides upon which the Affiliate’s Affiliate Commissions are based within one month of a request for such information by the Affiliate.

4.8  The Affiliate accepts the responsibility to provide FabJob with current information concerning the Affiliate’s mailing address and electronic mailbox address for as long as the Affiliate is a member of the Program. The Affiliate must provide FabJob with an email address through the Affiliate's domain or an Internet Service Provider (not a free, web-based, or email forwarding service). Failure of the Affiliate to provide FabJob with current address information shall, after one year of FabJob becoming aware of inaccurate information, result in the accumulated proceeds from the Affiliate’s Affiliate Commissions being donated to a charity of FabJob’s choice. If the Affiliate subsequently notifies FabJob of their address change, FabJob shall resume the payment of Affiliate Commissions to the Affiliate, beginning with the Affiliate Commissions accruing for the month in which such notification is given to FabJob. In such a case, FabJob shall not be responsible to pay retroactive Affiliate Commissions to the Affiliate.

ARTICLE 5
Affiliate's Website 

5.1  The Affiliate shall be solely responsible for all materials that appear on its website. The Affiliate shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in promoting, advertising and marketing the Guides. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail (or spam) and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its website any material that may be considered to be sexually explicit, legally obscene or pornographic, violent, threatening, abusive, harassing, discriminatory in any way, hateful, libelous, defamatory, promoting illegal activities or violating intellectual property rights. 

5.2  FabJob shall have the right to monitor the Affiliate’s website at any time and from time to time to determine if it is in compliance with the terms and conditions of this Agreement. If the Affiliate’s website is determined by FabJob at any point in time to be unsuitable for the Program, FabJob may terminate this Agreement forthwith.

5.3  The Affiliate may have limited use of the FabJob logo and trademarks to promote FabJob and/or the Guides on the Affiliate's website. FabJob shall have the right, but not the obligation, to approve the graphics, trademarks and logos used on the Affiliate's website. Additionally, the Affiliate may include articles provided by FabJob on its website provided that appropriate copyright and other similar notices are included, which may be approved by FabJob. The Affiliate shall not modify the FabJob graphics, tradenames, trademarks, logos, Guides or any other of FabJob's images in any way. The Affiliate shall not modify FabJob text without the consent of FabJob. FabJob reserves all rights in the Guides, graphic images, text, any other images, FabJob's tradenames and trademarks and all other intellectual property rights. The FabJob articles permitted for use are those articles accessible through the “Free Articles” link on the affiliate's profile. Affiliates may not use any other material from the FabJob website (such as, but not limited to, guide information pages, promotional information, guide prices, etc).

ARTICLE 6
Goodwill Preservation

6.1  FabJob shall have the right, but not the obligation, to approve, in its sole and absolute discretion, any marketing, promotional or advertising items used by the Affiliate in connection with the sale of the Guides. The Affiliate shall make all revisions, changes, and/or deletions requested by FabJob on the Affiliate’s website where the Guides are mentioned. 

6.2  The Affiliate shall clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Guides are, and shall continue to be, the exclusive property of FabJob. 

6.3  As the purpose of the Affiliate Program is to increase sales by reaching new customers, the Affiliate shall not directly compete with FabJob for sales or attempt to mislead or divert customers that would have gone directly to FabJob to go through the Affiliate's website instead. 

6.4 In the event the Affiliate learns of any claim or allegation concerning the Guides, the Affiliate shall immediately notify FabJob so as to enable FabJob to defend, settle or otherwise resolve the claim or allegation in a manner that FabJob deems appropriate in its sole discretion.

6.5  The Affiliate shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Guides without first obtaining the written consent of FabJob. 

ARTICLE 7
FabJob's Website

7.1 FabJob will make every effort to maintain an attractive up-to-date website. FabJob will not be liable for site downtime or interrupted transmissions.

ARTICLE 8
Relationship of Parties

8.1 The Affiliate, in conducting the activities contemplated hereunder, shall for all purposes be considered an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise or employment relationship between FabJob and the Affiliate. The Affiliate agrees and acknowledges that it will have no authority to make or accept any offers or representations on FabJob’s behalf.

ARTICLE 9
Term and Termination

9.1  If the Affiliate is accepted into the Program, this Agreement shall be effective from the date of FabJob’s acceptance of the Affiliate into the Program and this Agreement will continue until such time as the Affiliate withdraws from the Program by sending written notice via the affiliate email submission form at: http://www.fabjob.com/affiliates.html#contact advising of the Affiliate’s termination or until such time as FabJob terminates this Agreement by sending written notice via email to the Affiliate advising of such termination. Upon the termination of this Agreement for any reason, the Affiliate must remove from their website all links to FabJob’s website and all property owned by FabJob, and any accumulated Affiliate Commissions due to the Affiliate shall be payable pursuant to Article 4 of this Agreement.

9.2 FabJob may modify any terms and conditions in this Agreement at any time in its sole discretion by posting a notice or a new Agreement on FabJob's website. The Affiliate's recourse in the event of any such modification to this Agreement being unacceptable to the Affiliate, is to terminate this Agreement, provided that FabJob shall pay to the Affiliate all amounts due pursuant to Article 4 of this Agreement.

9.3  In accordance with clause 9.2 above, such termination by the Affiliate in the event of a modification to the Agreement shall be effective immediately upon receipt by FabJob of notice thereof. The Affiliate’s continued participation in the Program after such seven (7) day period has passed shall constitute acceptance of the modifications to the Agreement.

9.4  FabJob may terminate an Affiliate’s participation in the Program in the event an Affiliate has not had a sale in the preceding six (6) months. In the event of such termination of this Agreement by FabJob, FabJob shall pay to the Affiliate all amounts due pursuant to Article 4 of this Agreement.

9.5  FabJob may terminate an Affiliate’s participation in the Program in the event that the email address provided by the affiliate is no longer valid. In the event of such termination of this Agreement by FabJob, FabJob shall pay to the Affiliate all amounts due pursuant to Article 4 of this Agreement.

ARTICLE 10
General

10.1  The construction, validity and performance of this Agreement shall be governed by the laws of Alberta, Canada. Any court action relating to this Agreement must be brought in the Courts of Alberta and the Affiliate irrevocably consents to the jurisdiction of such courts. It is agreed by both FabJob and the Affiliate that no clause in this Agreement found to be unlawful shall in any way invalidate the remainder of this Agreement. It is also agreed by both FabJob and the Affiliate that any failure to enforce any particular part of this Agreement does not relinquish the right to enforce that particular part or any part at a later date. The failure or delay by either FabJob or the Affiliate in exercising any right, power or remedy under this Agreement shall not operate as a waiver of any such right, power or remedy.

10.2  FabJob will not be liable for indirect, incidental, consequential or special damages or any loss of revenue, profits or data arising in connection with this Agreement or the Program. In no event shall FabJob’s aggregate liability arising in connection with this Agreement and the Program exceed the total Affiliate Commissions paid or payable to the Affiliate under this Agreement.

10.3  The Affiliate hereby agrees to hold FabJob harmless and indemnify FabJob, its subsidiaries and affiliates, and their respective officers, directors, partners and employees from all losses, damages, costs and expenses arising from any claims, demands, actions, suits, investigations, arbitration, judgements or other proceedings by a third party or relating to any legal actions incurred by FabJob arising from the Affiliate breaching any terms of this Agreement, or for any matter attributable to the Affiliate and not to FabJob.

10.4  The Affiliate can only assign this Agreement with FabJob‘s prior written consent. FabJob has the right to assign this Agreement upon notice to the Affiliate.

10.5  FabJob will not be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond FabJob’s reasonable control and which FabJob is unable to overcome by the exercise of reasonable diligence.

10.6  This Agreement constitutes the entire agreement between the Affiliate and FabJob. 

10.7  This Agreement shall enure to the benefit of and be binding upon the respective successors and permitted assigns of FabJob and the Affiliate.

10.8 FabJob may send notices to you about the FabJob affiliate program, from time to time (you may choose to opt out of receiving the sales notification emails if you so desire).

ARTICLE 11
Acknowledgement

11.1  The Affiliate acknowledges that they have read this Agreement in its entirety and the Affiliate agrees to all the terms and conditions set forth herein.

Already Registered?
Log-in to Your Account