This agreement, together with the AvJobsTM
Associate Network Rules and Procedures
(the Rules), describes the entire terms and conditions for participation
in the AvJobsTM Associate Network, and
serves as the contract between you and Aviation Jobs Online. In this
agreement, the term "Associate" refers to you (the applicant), and "your
website" refers to the website from which you will link to Aviation Jobs Online.
Whenever the agreement refers to "you" or "your", it means you the "Associate";
"us", "we", "our", the "Network", and the "Company" refers to Aviation Jobs Online.
If you accept this Agreement and the Rules,
click the "I Accept" button at the end.
Who is eligible to be in the AvJobsTM
Associate Network
To participate in the AvJobsTM Associate
Network, you must be 18 years of age or older (or parents must sign up for you)
and you must own the pages
you are signing up, or have all necessary rights to place advertising
banners on the pages, collect compensation for those banners and
otherwise comply with this Agreement and the Rules.
So, if you own a web site, you are over 18 and the content of
your site is acceptable (details to follow)
you're eligible for the AvJobsTM Associate
Network. You have to be 18 because you can't legally sign a contract
such as this until then.
You represent and warrant to us, at the time you Accept
this Agreement as provided herein, that you meet the eligibility
requirements set forth above, and that the banners placed upon
your website will not infringe upon or violate any right of any party which is
not a party to this Agreement. In the event you publish Network Pages on
the Web using the facilities and resources provided to you by
any educational institution, upon Acceptance of
this Agreement, you shall be deemed to have the expressed authorization
from such educational institution to utilize its facilities and
resources for commercial purposes. However, all commissions WILL be
made out to the institution sponsoring the website and not an individual,
unless prior written permission is given by the institution.
Joining the AvJobsTM Associate
Network
It is your job to deal with any issues related to entering into
this Agreement, complying with the Rules or any
issues associated with generating revenue from your site. We
are not responsible if, for any reason, you were not supposed
to sign up for the AvJobsTM Associate
Network. You also must accurately represent yourself in our registration
process (if you don't, you'll be in violation of this Agreement).
You must also accurately represent the content of your pages when you
apply to place your pages in the AvJobsTM
Associate Network.
Your Network Pages
You can add the link to pages, deactivate links and update pages on your
website as explained in the Rules, so long as a
minimum of one link remains on your sponsoring website.
Once again, it is up to you to provide accurate information during
all these processes and to assume any liability associated with
promises you make in this Agreement or in complying with the Rules.
You hereby agree, subject to disqualification from the AvJobs
TM Associate Network and forfeiture of any
Associate commision otherwise due and owing to you, to maintain ONLY
ONE valid Associate ID at any given time, unless otherwise expressly
authorized by us in writing.
We reserve the right, exercisable in our sole discretion and for any or no
reason, to reject admission to the AvJobsTM
Associate Network to any web page you propose to link from.
You will be notified of any such rejection by electronic mail from us and
the link from web page in question will be removed. Each time you
add, update or re-activate a web page on your website, you will be deemed
to reaffirm your understanding and acceptance of this Agreement and the
Rules.
Unacceptable Content on Your Website
You are prohibited from placing the link on any website, not just webpages:
Tracking and Commission Payments
GENERAL TERMS. After you place the banner code we provide you on
your website, our server will begin tracking
the visits via your link. You agree that data from our system will be used
as the sole basis for calculating your commission payments. You will
have access to view your commissions accrued-to-date from your link
via the Tracking Center located on the Aviation Jobs Online website.
You will be paid according to the formula and terms specified in the
Rules and Procedures
page. No Associate may earn more than $10,000 per month.
We reserve the right to change the terms of Commission Payments. You
will be notified of any such change via e-mail, or a posting on
the Aviation Jobs Online website, or a combination of both.
While it is not required,
we recommend placement of the Associate Network link on your main page
for maximum viewing and click-throughs. Our research has determined
that his will greatly increase the amount of commissions you will earn. We
also recommend that you place the Associate Network link at, or near, the
top of your sub-pages.
If for any reason we remove your page from the AvJobs
TM Associate Network and you have complied
with all terms of this Agreement and the Rules, you
will be paid the commissions you have accrued to that point. Similarly, if
we notify you of a change to this Agreement or the Rules
and you notify us within 7 days that you wish to stop being an Associate,
you will be paid the commissions you have accrued if you have complied
with all the terms of this Agreement and the Rules.
Any disputes over the commissions generated by your Associate Network
link shall be decided solely in accordance with reports generated from our
systems. Determinations rendered by us in respect of any such disputes
shall be final and binding.
Taxes
The Company may be required to withhold certain taxes or other assessments
on your commission payments, and we reserve the right to do so. We may
also have to file some reports with government agencies. If we do, you
agree to help us out by completing any forms that we ask you to fill out.
You are solely responsible for all Federal, state, local or other applicable
taxes that might apply to you for commission payments.
For international Associates, we are required to withhold 30%
of your commission and notify U.S. tax authorities to satisfy U.S.
law.
Content Standards and Quality Review
We have a Quality Review Team that reviews all pages before they are
allowed to officially join the AvJobsTM
Associate Network. Please see above regarding the type of content that is
unacceptable. We look at each website page, but our decision is based on
the entire site. Any single page
or link on that page can diqualify your website, so if you have any doubt,
please re-check your pages and remove any questionable content or link
before applying for an Associate membership. Once a site has been reviewed
and disqualified, it is prohibited from membership until content is acceptable.
We retain the final right of approval or refusal for all websites submitted or
included in the AvJobsTM Associate
Network, and we retain the right to remove your website(s) from the
AvJobsTM Associate Network if a content
violation is discovered at a later date. We do not assume responsibility
for the content of your website. It is up to you to maintain acceptable
content. It is also up to you to deal with any issues associated with
copyright violations and/or illegal reproduction of photos, logos,
trademarks and other proprietary marks.
We retain the right, exercisable in our sole discretion, to remove and
permanently exclude from participation in the Network any website and/or
Associate(s) deemed to have violated or failed to meet standards or other
requirements set forth here or in the Rules.
Banner Placement, Requirements
All our Banners must appear as stated in the AvJobsTM
Associate NetworkRules.
We retain the right to determine the content of our banners on your website, however
all banners will remain 'G' rated, and will represent only Aviation Jobs Online.
Other Terms
You, the Associate, shall remain solely responsible for any and all
obligations, restrictions, liabilities or other claims arising from, or related
to any commission paid to you pursuant to this Agreement, including
without limitation, any such obligations, restrictions, liabilities or claims
imposed or required by (i) the laws and regulations of the Associate's
country of residence, or any other applicable laws or regulations
of government bodies, foreign or domestic, (ii) contractual
obligations or commitments, or (iii) any policies or other
guidelines or restrictions applicable to the Associate, including
without limitation, the rules and policies of any educational institution
with which you may be associated.
Independent Contractors. In performing the obligations contained
in this Agreement, we and you shall each have exclusive control
over the means, methods and details of meeting the respective
obligations for which each is responsible hereunder, and at all
times will be acting in their capacity as an independent contractor
and not as an employee or agent of the other party.
Proprietary Rights. All proprietary rights, including without
limitation, service marks, trademarks, trade names or other proprietary
marks and rights relating to Aviation Jobs Online, the AvJobs
TM Associate Network, and the Company,
in whatever form (Company Property), or relating to a banner,
are and will continue to be the sole property of Aviation Jobs Online.
You will not acquire any ownership interest in or to Company Property
pursuant to this Agreement. Similarly, all proprietary rights, including
without limitation, servicemarks, trademarks, trade names or other
proprietary marks and rights relating to your website Pages (Associate
Property) submitted pursuant to the terms hereof, in whatever
form, are and will continue to be the sole property of you the Associate.
Infringement. You hereby represent and warrant to us that you are either
the owner or permitted licensee of, or are otherwise expressly authorized
to use, in accordance with the terms and conditions hereof, all of the
Associate Property and any other proprietary rights which you propose to
associate with the AvJobsTM Associate
Network pursuant hereto. You hereby indemnify us, our officers, directors,
representatives and agents and sponsors with respect to any suit, claim
or proceeding brought against us or our sponsors alleging that use of, or
association with, any Associate Property or related material contained on
the Associate's website, or otherwise furnished by the Associate pursuant
to this Agreement, constitutes an infringement of any proprietary right.
We hereby indemnify you with respect to any suit, claim or proceeding
brought against you alleging that your use of any Company Property or
related material furnished by us pursuant to this Agreement constitutes an
infringement of any proprietary right, PROVIDED THAT Company Propert or
related material is used only in the promotion of Aviation Jobs online and
we, our agents and sponsors shall not incur any liability to any such
indemnified party with respect to any claims, suits, damages or otherwise
resulting from or
related to the subject matter, text, graphics or other content or material
on, or associated with, your website web page(s) or from a failure by you
to secure expressed authorization for the commercial use, in connection
with the AvJobsTM Associate Network
and this Agreement, of any facilities and/or resources owned and/or
provided by any educational institution or other third party.
Indemnification.
1. You hereby agree to indemnify and hold harmless Aviation Jobs Online,
its officers, directors, representatives and agents from and against any and
all liabilities, costs or expenses, including reasonable attorneys fees and expert witnesses,
incurred by any such indemnified party or parties as a result of your
breach of this Agreement or the Rules and any act
or omission by you with respect to the web page(s) on your AvJobs
TM Associate Network website, Associate
Property, or any actions arising out of or related to the subject matter,
text, graphics or other content or material on or associated with your
website.
2. Whenever any liabilities, costs or expenses, including reasonable
attorneys fees (collectively, the Losses), as to which any party
is entitled to be indemnified and held harmless under this Agreement
become reasonably quantifiable, the party seeking indemnification
(the Indemnified Party) shall promptly notify, by electronic mail,
the party or parties from whom indemnification is sought (the
Indemnifying Party) of the Losses, which notice shall include
reasonable detail in support of the amount of such Losses, provided,
however, that the failure to give timely notice shall not affect the right to
indemnification hereunder except to the extent that the Indemnified Party
is actually damaged or prejudiced by such delay. The Indemnifying Party
agrees to cooperate and make available to the Indemnified Party all
books and records and such officers, employees and agents as are
reasonably necessary and useful in connection with the defense.
Term and Termination of this Agreement. This Agreement shall
be effective upon our sending notice of approval and acceptance
of your membership in the AvJobsTM
Associate Network and shall remain in effect until terminated hereunder.
We retain the right, exercisable in our sole discretion and at any time, to
terminate this Agreement immediately upon transmission of an electronic
mail message to you terminating this Agreement. In the event you are
terminated as an Associate by us, you shall be entitled to the Associate
commissions earned, but unpaid, prior to such termination, provided,
however, that you shall not be entitled to any Associate commission
attributable to memberships generated in violation of the provisions of this
Agreement, as determined solely by us. You may terminate this
Agreement upon 7 days prior notice to us by email.
Non-exclusive Associate. You acknowledge and agree that participation
in the AvJobsTM Associate Network is
non-exclusive and Aviation Jobs Online has and will continue to enter
into additional Associate arrangements in respect of the AvJobs
TM Associate Network.
Governing Law. This Agreement shall be governed by and its terms
construed in accordance with the laws of the State of Oklahoma,
United States of America without regard to the conflict of laws
principles thereof.
Changing Terms of this Agreement. Company may change any terms
of this Agreement upon prior e-mail notice to you.
Assignment. We may assign this Agreement to any entity that
succeeds to substantially all of the business and assets of Aviation
Jobs Online or to any majority-owned direct or indirect
subsidiary of us upon notice to you. You may not assign this
Agreement, and a new owner of your Associate website must re-register
with the AvJobsTM Associate Network.
Accepting this agreement
By clicking the Accept Agreement link below you agree
to all the terms and conditions of this Agreement and of the Rules.
If you choose not to accept this Agreement or the Rules,
click the Decline Agreement... link and we will send you back
to the home page.
Introduction
Any violation of the foregoing prohibitions will result in revocation of your
Associate membership, as well as the forfeiture of any Associate commission
otherwise due and owing.