Terms & Conditions
Terms & Conditions stated below are in reference to the domain www.maltajobs.com, which for the purpose of this agreement may alternatively also be referred to as ‘the Website’ and ‘MaltaJobs’. Disagreement with any of the points outlined in this agreement should stop any party from making use of MaltaJobs and/or registering with MaltaJobs so please do read this section carefully before proceeding with registration and/or use of the services provided by MaltaJobs.
Anyone who makes use of services provided by the Website, be this accompanied or not by registration of an account with the Website, is agreeing to abide by employment regulation laws as set out in Maltese legislation. Employment opportunities based outside the Maltese Islands and advertised on MaltaJobs will be subject to employment regulations as described in laws governing the relevant geographical location.
Services provided by the Website are limited to providing exposure to vacant job situations and potential candidates, whether this be against payment or free of charge. MaltaJobs facilitates contact between employers and potential employees via the aforementioned domain online but is in no way involved in the selection process brought forth by the company looking to fill vacant situations. MaltaJobs is not involved with and is thus ignorant of any practice that may be employed throughout the selection process. MaltaJobs is therefore not to be held responsible for any damages incurred in the interaction that develops between employers and candidates, whichever side these potential damages may originate from.
MaltaJobs will also be held free from responsibility with regards to any damages that members may incur via uploading of personal information or any such data that may be considered delicate, or may eventually reveal itself to be of such nature, on the Website. Any registering individual or entity is responsible for all data published on the Website and is responsible for affecting any required changes, updates or deletions to this information once uploaded. All data uploaded must be correct, true, complete and not misleading in any manner. All registered users who have uploaded data to MaltaJobs can at any point in time remove such data and their accounts. If deemed appropriate to the purposes of the Website you authorize MaltaJobs to handle data uploaded by yourself if this process is thought of by the owners of the Website as facilitating the provision of services by the Website itself.
At its sole discretion MaltaJobs can terminate accounts or prevent particular users or entities from featuring in any form on the Website without the need to provide explanation for such actions.
MaltaJobs will make every effort in seeking to ensure that information published on its pages is updated and accurate. However, MaltaJobs will not be held responsible should any of the content published by its users result in delivery of incorrect information. Any damages, in any form whatsoever, will not be attributable to MaltaJobs be these a direct or indirect result of inaccurate information published or any technical faults related to the Website.
Any registering individual or entity is held responsible for all form of content published on the Website and may be persecuted to the full extent of the Law if what is published is in disagreement with local or international laws or with the purposes of the Website.
Causation of damage to the Website, be it via direct or indirect mechanisms, and in any which form this may happen to occur, will make the individual or entity responsible for such damages liable to prosecution under regulations as set forth by local and international Law.
Registration for a MaltaJobs account is required only by those Members wishing to apply for jobs and or upload their resume and make it available for employers to analyse, and employers who upload vacant situations in representation of their company or as a recruitment agency. MaltaJobs collects only the essential details required and visible as fields on the registration form. At no point in time will this information be passed on to third parties. Policies to safeguard handling of this information have been set in place by MaltaJobs preventing improper access to such information and consequent disclosure.
Registering individuals or entities are to exercise caution in handling of the username and password supplied upon registration. MaltaJobs is not to be held accountable for violation of accounts resulting from loss, sharing of or negligence in handling sensitive access information and consequent damages which these may result in.
Affiliate Program Terms and Conditions
As an authorized affiliate (Affiliate) of MaltaJobs, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting MaltaJobs as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to MaltaJobs by your own website or personal referrals.
By signing up for the MaltaJobs Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. MaltaJobs reserves the right to require license agreements from those who employ trademarks of MaltaJobs in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with MaltaJobs, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, MaltaJobs reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
You may use graphic and text links both on your website and within in your email messages. You may also advertise the MaltaJobs site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
Coupon and Deal Sites
MaltaJobs occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on MaltaJobs Coupons, MaltaJobs Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
MaltaJobs will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by MaltaJobs. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Affiliate shall indemnify and hold harmless MaltaJobs and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by MaltaJobs to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the MaltaJobs affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the MaltaJobs application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
To participate in the MaltaJobs Affiliate program, you must agree to the following:
This Affiliate Agreement (the “Agreement”) contains the complete terms and conditions between MaltaJobs, and You, regarding your application to participate as an affiliate of MaltaJobs (“Affiliate”), and the establishment of links from your website to our websites, MaltaJobs.com and its sub domains and services.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE MALTAJOBS AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. MaltaJobs’s Affiliate Agreement Definitions
1.1. “We”, “Our”, “Us”, “MaltaJobs” means MaltaJobs International Ltd. and its affiliates.
1.2. “You”, “Your” and “Affiliate(s)” means the business, individual or entity applying for participation in the MaltaJobs Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from MaltaJobs for sales resulting from such display.
1.3. “Affiliate Program” means MaltaJobs’s Affiliate program available on our website at: https://www.maltaJobs.com/affiliates
1.4. “Affiliate Site” means the Affiliate’s Internet site which displays MaltaJobs services and/or promotions.
1.5. “MaltaJobs Services” means products and services that are available for purchase through MaltaJobs.com.
1.6. “Canceled Purchase” means any purchase refunded, canceled, suspended or subject to chargeback.
1.7. “Commission Fees” or “Commissions” – Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you directly referred to MaltaJobs under and in accordance with this Agreement.
1.8. “MaltaJobs Marks” means, without limitation, MaltaJobs’s trademarks, trade names, logos, copyrights, service marks, corporate names, and any other distinctive name or brand related to MaltaJobs, whether registered or not.
1.9. “MaltaJobs Sites” means www.maltaJobs.com , their sub domains and/or any other website as may be added by MaltaJobs, at its sole discretion from time to time.
1.10. “Fraudulent Traffic” – means any deposits or traffic generated at the Affiliate Site through illegal means or in bad faith to defraud MaltaJobs, regardless of whether or not it actually causes harm to MaltaJobs. Fraudulent Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the services, system, bonuses or promotions not approved by MaltaJobs, offers to share the Affiliate Fee, directly or indirectly, with user and any other unauthorized use of any third party accounts, copyrights or trademarks.
1.11. “Intellectual Property Rights” or “IPR” means without limitation copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, author’s right, contract and licensing rights, goodwill and all other intellectual property rights as may exist now/or hereafter come into existence and all renewals and extensions thereof, regardless such rights arise under the laws of the state of Israel or any other state, court and jurisdiction.
1.12. “Prohibited Activity” means any activity that involves, facilitates, advocates or promotes one or more of the following: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, national origin or disability; (b) libelous, defamatory, obscene, pornographic, sexually explicit or abusive activities; (c) gambling or illegal substances; (d) sedition or illegal activities; (e) false or misleading advertising; or (e) a conflict or violation of any law, rule, regulation or any intellectual property or other rights of any person, party or entity.
1.13. “Qualified Purchase” means a purchase made by a Referred User of a MaltaJobs service, from MaltaJobs platform, provided that such purchase meets the criteria set forth in Section 4 hereof. Any purchase refunded, canceled, suspended or subject to chargeback will not be qualified as a Qualified Purchase, and shall be referred to as “Canceled Purchase”.
1.14. “Referred User” means each new and unique User referred directly from Affiliate through a Link (defined in Section 2 below) provided by or approved by Us, which meets the criteria set forth in Section 4 hereof, who has opened an account on the MaltaJobs Site.
1.15. “Registration Form” means any and all order forms for enrollment, registration forms, or other signup or acceptance forms (whether online, paper, fax, or otherwise) submitted by You in order to enroll into MaltaJobs’s Affiliate Program, or, as applicable, the Referred User to make a Qualified Purchase.
1.16. “Sponsored Link” means a link offered, created, or displayed for a fee or any commercial arrangement by any internet search engine, portal, sponsored advertising service or other search or referral service which uses search terms or keywords to identify, draw attention to or direct internet traffic to an internet site.
1.17. “Term“ means the term of this Agreement as detailed in Section 12 herein.
1.18. “Terms of Service” means MaltaJobs’s terms of service applicable to all users, as amended from time to time, available at https://www.maltaJobs.com/terms-and-conditions/.
1.19. “Tracking System” means MaltaJobs unique and specific tracking mechanism that will allow Affiliate to track the traffic and users which arrive via the Affiliate Activity (including but not limited to the Affiliate Site).
2.1 Enrollment in the MaltaJobs Affiliate Network
To begin the enrollment process, you must register as a normal user on MaltaJobs. By default any user is registered as an affiliate. MaltaJobs has sole discretion whether to revoke your enrollment to the MaltaJobs Affiliate Program.
If We agree to keep You to Our Affiliate Program, at Our sole discretion, We will make available to You a variety of graphic and textual links and/or widgets and plug-ins (including, among other, links for referring other affiliates, each of these links, widgets and plug-ins sometimes being referred to herein as “Links” or, individually, a “Link“), which are subject to the terms and conditions hereof. The Links will serve to identify Your site as a member of the MaltaJobs Affiliate Program and will establish a Link from Your site or e-mail to Ours. In utilizing the Links, You agree that You will cooperate with Us in full in order to establish and maintain such Links.
You also agree that You will display on Your site only those graphic or textual images(indicating a Link) provided by Us or text messages expressly approved in advance and in writing by MaltaJobs. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred User’s knowledge. Any information regarding MaltaJobs and its associated brands that is going to be displayed on Your Site must be provided by Us and expressly approved by Us in writing in advance of any display.
2.2 All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts, or other content concerning MaltaJobs, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links provided by Us. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Us terminating your eligibility to be an Affiliate of MaltaJobs and disqualifying you from the Affiliate program and/or withholding of Your Commissions.
3. Order Processing
We will process orders placed by Referred Users who followed the Links from your Site to the MaltaJobs sites. We reserve the right, at our sole discretion, to reject orders that do not comply with all requirements under this Agreement and our Terms of Service. All aspects of order processing and fulfillment, including MaltaJobs service, cancellation, processing, refunds and payment processing will be Our responsibility. We will track the Qualified Purchases generated by Your Site and will make this information available to you through our affiliate website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that the Links between your Site and our website are properly formatted.
4. Commission Determination
4.1 Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you refer to MaltaJobs in accordance with the terms of this Agreement. Each Referred User and each Qualified Purchase must meet the following criteria (the “Criteria“):
4.1.1 Each Referred User must be a new and unique visitor to MaltaJobs.
4.1.2 Commission shall not be paid to the Affiliate for a Referred User that was already tracked through MaltaJobs’s tracking system prior to visiting through the Affiliate.
4.1.4 Each Referred User must make a Qualified Purchase, and provide a valid payment for the purchased MaltaJobs services. To generate a Commission Fee for You, each Referred User must be an active, qualified User of MaltaJobs and must be up-to-date in all payments at the time the Commission Fees are processed, and not have been subject to a refund, credit, cancellation, suspension or chargeback (these purchases shall be deducted from the Commission Fee as further detailed in Section 4.2.1 below).
4.1.5 Each Referred User must sign up in a manner, which in Our sole judgment, definitively establishes that the Referred User was referred for the first time directly from You to MaltaJobs under this Agreement based on our Tracking System.
4.1.6 Each Referred User must remain in compliance with our Terms and Service, and all applicable policies and guidelines of MaltaJobs that are applicable at the time the Commission Fees are processed.
4.1.7 Commission Fees may not be paid for the Qualified Purchase if the Referred User received a refund or credit from the Affiliate.
4.1.8 MaltaJobs reserves the right to withhold initial Commission Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by MaltaJobs in its sole discretion, in order to determine the legitimacy and cancellation rates of Referred Users.
4.1.9 MaltaJobs reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or Fraudulent Traffic, improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred User(s). MaltaJobs reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled MaltaJobs purchases. Where no subsequent Commission Fee is due and owing, MaltaJobs will send Affiliate a bill for the balance of such Commission set off upon termination of the Affiliate Program or termination of the Referred User.
4.1.10 MaltaJobs, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, and/or to deny or reject any Affiliate account, and/or terminate this Agreement immediately, for:
(i) Any account/sale which has not been in an approved status in good standing as an account of MaltaJobs for a period of at least thirty (30) days.
(ii) All commissions generated for accounts that may be subject to Fraudulent Traffic.
(iii) Any orders deemed to be fraudulent or for which We see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts (whether MaltaJobs accounts or Affiliate accounts) which are being operated by the same User or person, or referral of accounts which do not comply with this Agreement.
(iv) Altering Our Links in any way.
(v) Affiliates whom we believe may be artificially submitting Referred Users or charging double commissions, using false advertising, using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
(vi) Any direct referral or traffic to MaltaJobs Sites from search engines, and/or the use of “MaltaJobs” as a key-word for paid ads in search engines, including, without limitations, Facebook, Google, Bing, Yahoo, etc.
(vii) Any use of misleading sites, or accounts in social media.
4.2 Commission Fee Accrual and Payments
4.2.1 Subject to the terms of this Agreement, We will pay a Commission Fee equal to the specified percentage or euro amount in accordance with the Commission Plan with respect to Qualified Purchases, less any Canceled Purchases. Commission Fees will be processed 30 days after the job has been marked as finished as set forth below.
4.2.3 Commissions will accrue and only become payable once (i) you provide all relevant tax and address information pursuant to Section 6 below; and (ii) Commissions accrued to a minimum of $100 (the “Commission Threshold“) based on the commission rates stated on MaltaJobs Tracking System.
4.3 Commission Plan
The MaltaJobs Affiliates program offers Commissions for every Qualified Purchase, as described in the Commission Plan, available at: https://MaltaJobs.com/affiliates (the “Commission Plan”).
Standard Commission Plan: Affiliates are offered a “Standard Commission Plan” which rewards the affiliate a 10% fee of the total purchase amount made by such Referred User during 180 days following the day they were referred.
MaltaJobs reserves the right to change the Commission Plan at any time and/or agree on special commission rates with certain Affiliates individually and/or reduce future commission rates for individual Affiliates (subject to prior notice) based on poor performance or due to the Affiliate promoting their own MaltaJobs services.
4.3.1 Payment Forms/Types
Commission Fees shall be paid based on the current information in Your Affiliate profile / MaltaJobs Wallet. It is your responsibility to notify us promptly of any change in your address or tax number by updating Your profile information. Payment shall be made within 30 days after the job has been marked as finished. A threshold of €100 is required to process a withdrawal request.
Affiliate has access to MaltaJobs’s real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 10 days after the job has been published online. Disputes filed after more than 10 days of the date on which the status of the job is marked as online will not be accepted by MaltaJobs and Affiliate forfeits forever any rights to a potential claim.
6. Taxes Address Changes
6.1 It is Your responsibility to provide MaltaJobs with accurate tax and payment information that is necessary to issue a Commission Fee to You through your MaltaJobs account.
6.2 You are responsible for the payment of all applicable taxes related to the commissions you receive under this Agreement.
6.3 You are responsible for informing MaltaJobs of changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact MaltaJobs’s ability to issue a valid Commission payment.
7. Obligations Regarding Your Site
You will be solely responsible for the development, operation, and maintenance of Your site and for all materials that appear on Your site. Such responsibilities include, but are not limited to, the technical operation of Your site and all related equipment; content, descriptions, and references on Your site and linking those descriptions to Our website; the accuracy and propriety of materials posted on Your site (including, but not limited to, all materials related to MaltaJobs Services); ensuring that materials posted on Your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters and You shall indemnify Us for any and all claims, losses, suits, demands liabilities, costs or expenses howsoever arising due to any misappropriation, infringement of a third party right or violation of any of your undertaking or warranties set forth in this Section 7.
You further represent, warrant, covenant and agree that You will not use the MaltaJobs Services or Our website to engage in or promote any Prohibited Activity and undertake to comply will all state and federal laws, rules and regulation applicable to the operation of Your business.
8. MaltaJobs Responsibilities
We will be responsible for providing all information necessary to allow You to make appropriate Links from Your site to Our site. MaltaJobs will be solely responsible for order processing of orders/Qualified Purchases placed by a Referred User following a Link from Your site, including but not limited to payment processing, cancellations, refunds and related MaltaJobs service. MaltaJobs shall also be responsible for tracking the volume and amount of Qualified Purchases generated by Your site, and for providing information to Affiliates regarding Qualified Purchases statistics.
9. Policies and Pricing
Referred Users who purchase MaltaJobs Services through the Affiliate Network will be deemed to be Our Users. Accordingly, all of Our rules, policies, and operating procedures concerning MaltaJobs orders, MaltaJobs service, and MaltaJobs Services sales will apply to those Users.
10. E-mails and Publicity
10.1 You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as “SPAM”). Any email communication sent will be coordinated in writing with MaltaJobs including dates and amounts of emails to be sent. MaltaJobs, in its sole discretion, reserves the right to reject each and every electronic mailing suggestion. The content of any e-mail message shall be subject to this Section 10. Additionally, You may only send e-mails containing a MaltaJobs Affiliate link and or a message regarding MaltaJobs or MaltaJobs’s Affiliate Program to person(s) who have been previously contacted and whom consented to receipt of e-mails from containing MaltaJobs information or information about the MaltaJobs Affiliate program. Failure by You to abide by this section, CAN-SPAM Act of 2003 or our Anti-Spam Policy, in any manner, will be deemed a material breach of this Agreement by You and foreclose any and all rights you may have to any commissions. In addition, if your account has excessive clicks in a very short period of time as determined by MaltaJobs in its sole discretion, the Affiliate relationship may be terminated.
10.2 Compliance with the FTC’s Endorsement Guidelines: In all public postings and advertising materials related to the MaltaJobs Sites and/or the Link (including any future Sub Affiliate Link), you will comply with the Federal Trade Commission’s Revised Endorsement and Testimonial Guides, which can be found here: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf.
In this regard, you commit, without derogating from any other guideline, to disclose your relationship with MaltaJobs clearly and conspicuously on your Affiliate Site and maintain such disclosure visible near the Link, wherever it is published.
11. Licenses and Use of the MaltaJobs Marks
11.1 Subject to the limitations set forth in Section 2 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable limited license to (i) access the MaltaJobs Site through the Links solely in accordance with the terms of this Agreement; and (ii) solely in connection with such Links, to use the MaltaJobs Marks (but only in the form(s) that they are provided by Us), for the sole purpose of promoting MaltaJobs Services and/or MaltaJobs Site, and as approved in advance by Us. You may not alter, modify, or change the MaltaJobs Marks in any way.
11.2 You shall not make any specific use of any MaltaJobs Marks for purposes other than promoting MaltaJobs Services and/or MaltaJobs Site, without first submitting a sample to Us and obtaining the express prior written consent of Your MaltaJobs account executive, which consent shall not be unreasonably withheld. You agree not to use the MaltaJobs Marks in any manner that is disparaging or that otherwise portrays MaltaJobs, any hosted member of MaltaJobs or any MaltaJobs employee or representative in a negative light. We reserve all of Our rights in the MaltaJobs Marks and of Our other proprietary rights. We may revoke Your license at any time, by giving You written notice. If not revoked, this license shall terminate upon expiration or
termination of this Agreement.
11.3 You grant to Us a non-exclusive, royalty free, worldwide license to utilize Your names, titles, and logos, as the same may be amended from time to time (the “Affiliate Trademarks”), to advertise, market, promote, and publicize in any manner Our rights hereunder; provided, however, that We shall not be required to so advertise, market, promote, or publicize the Affiliate Trademarks. This license shall terminate upon the expiration or termination of this Agreement.
12. Term and Termination
12.1 The Term of this Agreement will commence upon Our acceptance of Your application to enroll to our Affiliate Program and acceptance of Your Registration Form and will end when terminated by either party. Notwithstanding section 4.1.10 above, either You or MaltaJobs may terminate this Agreement at any time, with or without cause. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related MaltaJobs Services are not cancelled and comply with all Terms stipulated in this Agreement. We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Users are legitimate as determined by MaltaJobs in its sole discretion.
12.2 Any Affiliate who violates either this Agreement or MaltaJobs’s Terms of Service will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the MaltaJobs Affiliate Program.
12.3 MaltaJobs reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in MaltaJobs’s sole discretion.
12.4 Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement, MaltaJobs’s Terms of Service or of any applicable law or regulation.
We may modify any of the terms and conditions contained in this Agreement at any time in Our sole discretion. Such modifications shall take effect when posted on Our site. MaltaJobs, in its sole discretion, reserves the right to notify You by e-mail and further reserves the right to withhold notification of any changes made to this Agreement.
14.1 MaltaJobs makes no express or implied warranties or representations with respect to the Affiliate Program, the MaltaJobs Site, the Link or any MaltaJobs Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, We make no representation that the operation of the MaltaJobs Site will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors, including the tracking of information about Referred Users during the period of interruption. YOU USE OUR SITE, THE PROGRAM, THE LINK (INCLUDING ANY WIDGETS) AND OUR SERVICES AT YOUR SOLE RISK AND AT YOUR OWN FREE WILL. MaltaJobs’S CONTENT IS BASED ON USER GENERATED CONTENT AND MaltaJobs MAKES NO REPRESENTATIONS AS TO ANY OF THE INFORMATION FOUND ON THE MaltaJobs SITE. THE AFFILIATE PROGRAM AND OUR SERVICES, AS WELL AS ALL MATERIALS ON MaltaJobs’S SITE AND THE LINK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MaltaJobs SITES AND/OR SERVICES.
14.2 YOU ACKNOWLEDGE THAT MaltaJobs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PROGRAM, OUR SERVICE OR THE MaltaJobs SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. MaltaJobs MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY REGARDING THE COMPLETENESS, ACCURACY, CONSISTENCY OR SECURITY OF THE MaltaJobs SITE AND THE MaltaJobs SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR HARM THAT RESULTS FROM YOUR ENROLLMENT TO THE AFFILIATE PROGRAM, OR USE OF THE MaltaJobs SITE OR ANY SERVICE PROVIDED THEREIN.
14.3 Should the materials or services provided prove defective and/or cause any damage to equipment or any loss or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes the entire cost and liability for such damage or loss.
15. Limitation of Liability
MaltaJobs, ITS SUBSIDIARIES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT, THE AFFILIATE PROGRAM AND/OR THE USE OF THE LINK OR ANY WIDGETS OR PLUG-INS PROVIDED BY MaltaJobs, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MaltaJobs ITS SUBSIDIARIES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS WILL NOT BE HELD LIABLE FOR ANY LOSSES OF ANY KIND THAT MAY RESULT DUE TO DOWNTIME AND/OR THE AVAILABILITY OF THE MaltaJobs SITE OR THE AFFILIATE PROGRAM AND/OR ANY OTHER THIRD PARTY DOWN TIME.
MaltaJobs’S AGGREGATE TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED IN ANY EVENT THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
16. Relationship of the Parties
You and MaltaJobs are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that reasonably would contradict anything in this Section.
17. Representations and Warranties
You hereby undertake, represent and warrant to us as follows:
(i) This Agreement has been duly and validly executed and accepted by You and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms.
(ii) The execution and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which You are subject, (ii) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (iii) any provision of Your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to You or binding upon Your assets or properties.
(iii) You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to Us the license to use Your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to You or binding upon Your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
(iv) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby.
(v) There is no pending or, to the best of Your knowledge, threatened claim, action, or proceeding against You, or any Affiliate of Yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Your trademarks, and, to the best of Your knowledge, there is no basis for any such claim, action, or proceeding.
(vi) During the term of the Agreement, You will not include in Your site content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.
(vii) You are at least eighteen (18) years of age.
(viii) You are not engaged in any Prohibited Activity.
(ix) Each Referred User and each Qualifying Purchase referred or submitted by You to Us, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.
(x) You shall not use, procure, bid on or otherwise arrange for a sponsored Link which uses or includes any of the MaltaJobs Marks.
(xi) You undertake, directly and in any indirect manner, not to register, procure or use any Internet domain name that includes any of the MaltaJobs Marks or any variations or names similar to any of the MaltaJobs Marks.
You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, (iii) any claim related to Your site, including, without limitation, its development, operation, maintenance and content therein not attributable to Us or (iv) Affiliate engaging in any Prohibited Activity.
Each of the parties here to agrees that all information including, without limitation, the terms of this Agreement, business and financial information, MaltaJobs and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver the copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.
20. Independent Investigation
Your application submission acknowledges that you have read this agreement and agree to be bound by all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit MaltaJobs relationships on terms that may differ from those contained in this agreement. We may also solicit MaltaJobs relationships with entities that operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the MaltaJobs Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
21. Governing Law
The laws of the State of Malta will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Malta and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.
I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME AN AFFILIATE UNDER THESE TERMS AND CONDITIONS BY PROMOTING MaltaJobs THROUGH MY AFFILIATE LINKS AND MARKS MADE AVAILABLE ON THE AFFILIATE PORTAL