THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR PARTICIPATION AS A PUBLISHER ("PUBLISHER") IN THE SIMPLY HIRED, INC. ("SIMPLY HIRED") PUBLISHER PROGRAM, WHICH INCLUDES USE OF THE SIMPLY HIRED JOB-A-MATIC HOSTED JOB BOARD SOFTWARE, THE SIMPLY HIRED JOBS XML API AND THE SIMPLY HIRED JOB SEARCH BOX (COLLECTIVELY, "JOB-A-MATIC"). THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT USE JOB-A-MATIC. YOUR USE OF JOB-A-MATIC SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
SIMPLY HIRED SHALL HAVE ABSOLUTE DISCRETION AS TO WHETHER OR NOT IT ACCEPTS A JOB-A-MATIC PARTICIPANT. IF YOU FAIL TO COMPLY WITH THE TERMS, SIMPLY HIRED RESERVES THE RIGHT TO DISABLE YOUR ACCOUNT AND DISCONTINUE YOUR JOB-A-MATIC PARTICIPATION. YOU MAY NOT BE ELIGIBLE FOR FURTHER JOB-A-MATIC PARTICIPATION.
YOU AGREE THAT SIMPLY HIRED MAY MAKE CHANGES TO JOB-A-MATIC AND/OR REVISE THE TERMS AT ANY TIME WITHOUT NOTICE. SIMPLY HIRED WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SIMPLY HIRED WEBSITE (THE "SITE"). YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE TERMS. YOUR CONTINUED USE OF JOB-A-MATIC SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
YOUR USE OF THE SITE, THE SIMPLY HIRED EMPLOYMENT SEARCH AND HIRING SERVICES AND THE SIMPLYFORUMS ONLINE MESSAGE BOARD AVAILABLE ON THE SITE ARE FURTHER GOVERNED BY THE TERMS OF USE SET FORTH AT HTTP://WWW.SIMPLYHIRED.COM/A/LEGAL/TERMS-OF-SERVICE.
In order to use Job-a-matic, you must first register for an account and provide us with all requested information and/or graphics. All such provided information must be correct and current. You agree to comply with specifications provided by Simply Hired from time to time to enable proper delivery, display, tracking and reporting of Job-a-matic features in connection with your Job-a-matic page(s), including without limitation by not modifying the code or programming provided to you by Simply Hired in any way.
You agree to prominently display the link to your Job-a-matic page on your website's home page or your blog and you will make best efforts to promote the job listings in your Job-a-matic page including regularly referring to the job listings in your blog and/or website content. Your Job-a-matic page(s) should be easy for users to navigate, and may not change user preferences, redirect users to unwanted websites, initiate downloads, include malware or contain pop-ups or pop-unders that interfere with site navigation.
You agree not to use Job-a-matic or other Simply Hired provided content on any websites that contain:
You will not be compensated for any transactions generated by you or any party acting on your behalf. In particular, you shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate clicks on any job listing through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) edit, modify, filter, truncate or change the order of the information contained in any job listing, or remove, obscure or minimize any job listing in any way without authorization from Simply Hired; or (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any job listing accessed by an end user. You are prohibited from distributing sponsored jobs via mobile platforms or microblogging services (such as Twitter) or through email messages. As such, you will not be compensated for any traffic generated using such methodology. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of these Terms and that Simply Hired may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension or termination of your account, and the pursuit of all available civil or criminal remedies. If Simply Hired is responsible for refunding revenue to a job sponsor or other advertiser because of artificial and/or fraudulent impressions or clicks, then you will refund the share of that revenue that was paid to you.
To ensure proper payment, you are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with your account. By using Job-a-matic or other Simply Hired provided content, you represent and warrant that all payment information is truthful and accurate, that you will maintain the accuracy of such information and that you are not in violation of any third party IP rights, including but not limited to trademark rights. You will receive payment related to the Net Revenue with respect to job listings purchased by third party companies using your Job-a-matic page(s). This amount shall be fifty percent (50%) of the Net Revenue. "Net Revenue" means all amounts actually received by Simply Hired excluding (a) any incremental internal or external or commissions due in connection with the revenue-generating activity, (b) any ad serving charges owed to third parties in connection with such activity or (c) related financial processing costs. Please note that there may be additional costs associated with processing physical check requests. These costs do not apply to Paypal payment requests.
You will also receive payment related to the Net Revenue received from paid and valid clicks via Sponsored Job Listings on your Job-a-matic page(s). "Featured Job Listings" are job listings that are sold by Simply Hired and may be used to back-fill your listings, i.e. they are jobs that appear after the job listings purchased on your Job-a-matic page(s). Simply Hired does not guarantee that any or all jobs appearing in your back-fill are Featured Job Listings, and the percentage of back-fill jobs which are Featured Job Listings will vary based on your back-fill settings, past performance and availability.
Clicks that Simply Hired determines are invalid are automatically filtered and will not result in any payment to you. You agree that Simply Hired will not be obligated to pay you any amounts for traffic that originates from countries outside of the primary geographical jurisdiction for which the job listings for the applicable Simply Hired Site on your Job-a-matic page(s) are directed (for example, United States or United Kingdom). If you participate in invalid click activity, you are subject to legal prosecution.
All sums due from Simply Hired to you under this section will be paid within thirty (30) days after the end of the month in which the payment obligation accrued. Payments will be made automatically to your online account with Simply Hired through a third party service provider. Notwithstanding the foregoing, payment will only be made after you have provided payment method, tax information, and are owed at least $500 (or $100 if you have selected "PayPal" as your payment method). You shall be responsible for paying any and all applicable taxes or charges imposed by any government entity in connection with your participation in the Job-a-matic service, excluding taxes based on Simply Hired's income.
Notwithstanding the foregoing, Simply Hired shall not be liable for any payment based on any amounts which result from: (i) invalid clicks generated by any person, bot, automated program or similar device, as reasonably determined by Simply Hired, including without limitation through any clicks or impressions (a) originating from your IP addresses or computers under your control, (b) solicited by payment of money, (c) false representation or (d) request for end users to click on job listings; (ii) clicks co-mingled with a significant number of invalid clicks described above; (iii) clicks traced back to invalid job listings or (iv) as a result of any breach of these Terms by you for any applicable pay period. Simply Hired reserves the right to withhold any payment for any amount of time, which may or may not exceed its standard payment period, or charge back your account due to any of the foregoing or any breach of these Terms by you, pending Simply Hired's reasonable investigation of any of the foregoing or any breach of these Terms by you.
Simply Hired will use commercially reasonable efforts to host and maintain your Job-a-matic page(s) but provides no guarantees as to revenues that you may receive or uptime of the Job-a-matic page(s).
You agree that Simply Hired may include reference to you as a user of Job-a-matic in presentations, marketing materials, press releases and other parts of the Site. All pages using Job-a-matic shall be labeled with the appropriate Simply Hired attribution and you agree not to remove or alter any such pre-assigned designations. Additional appropriate designations are specified at http://resources.simplyhired.com/simply-hired-badge.html, and you agree not to remove or alter such designations. The trademarks, service marks, brands, names, logos and designs of Simply Hired or its partners ("Trademarks") used on the Site are the property of Simply Hired or their respective owners. Unless expressly authorized in writing by Simply Hired, you may not use such Trademarks for any purpose, and nothing contained on the Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks.
Either you or Simply Hired may terminate your use of Job-a-matic at any time and for any reason. Upon termination of your use of Job-a-matic, you will immediately remove all Job-a-matic information and insertion codes from your page(s). Simply Hired will make a final remittance to you of any sums due. In no event, however, shall Simply Hired make payments for any individual account earned balance less than $5.
Accounts that, for a period of six (6) months or more ("Inactivity Period"): (i) have not accepted payments from Simply Hired, (ii) have not been logged into or (iii) through which Simply Hired has been unable to reach you to receive adequate payment instructions or other information, shall be deemed inactive. Inactive accounts will be closed automatically by Simply Hired. No payments shall be made for the Inactivity Period unless you requested account termination and have provided proper payment instructions.
You shall not disclose Simply Hired Confidential Information without Simply Hired's prior written consent. "Simply Hired Confidential Information" includes without limitation: (i) all Simply Hired software, technology, programming, specifications, materials, guidelines and documentation relating to Job-a-matic; (ii) click-through rates or other performance statistics relating to Job-a-matic provided to you by Simply Hired; (iii) any information designated in writing by Simply Hired as "Confidential" or an equivalent designation and (iv) any other information you know or reasonably should know is considered confidential by Simply Hired.
SIMPLY HIRED'S PROVISION OF THE JOB-A-MATIC PROGRAM IS PROVIDED TO YOU WITHOUT ANY WARRANTY OF ANY KIND AND ON AN "AS IS" AND "WHERE-IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
SIMPLY HIRED MAKES NO WARRANTY THAT (i) THE JOB-A-MATIC SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE JOB-A-MATIC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE JOB-A-MATIC SERVICE WILL BE ACCURATE OR RELIABLE AND (iv) ANY ERRORS IN THE JOB-A-MATIC SERVICE WILL BE CORRECTED.
SIMPLY HIRED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY YOU FROM USE OF THE JOB-A-MATIC SERVICE, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL SIMPLY HIRED'S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO YOU AS DETERMINED PURSUANT TO THESE TERMS.
You agree to defend, indemnify and hold harmless Simply Hired and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Job-a-matic service or breach of these Terms.
Simply Hired controls and operates the Job-a-matic service from its headquarters in the United States and makes no representation that Job-a-matic is appropriate or will be available for use in locations other than the United States. If you use Job-a-matic from outside the United States, you are entirely responsible for compliance with applicable local laws. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Job-a-matic service only in the federal and state courts located in Santa Clara county, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Simply Hired to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Simply Hired in writing. No joint venture, partnership, employment or agency relationship exists between you and Simply Hired. These Terms comprise the entire agreement between you and Simply Hired and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
For additional information, you may contact us at:
Simply Hired, Inc.
2513 Charleston Road, Suite 200
Mountain View, CA 94043
