Affiliate Program Terms of Service

IMPORTANT TERMS AND CONDITIONS HIRE RESUMES, INC. AFFILIATE SERVICE AGREEMENT FOR ExecReg.com PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW. OUR GOAL: Hire Resumes, Inc. wants to reward you, as an affiliate, for connecting new members to our site. You ("You" or "Affiliate") must complete the Membership Form and read and agree to the terms and conditions of this Agreement ("Agreement")," by checking the "I agree" checkbox on the Affiliate sign up form. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, HIRE RESUMES, INC. IS UNWILLING TO OFFER YOU THE SERVICE. YOU SHOULD LEAVE THE SITE. Hire Resumes, Inc., a Delaware corporation, ("Hire Resumes, Inc." or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes. A. BASIC REQUIREMENTS FOR AFFILIATE MEMBERSHIP. To maintain a Membership in the ExecReg.com affiliate program, You must meet the following requirements and Hire Resumes, Inc. reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis: A.1) AGE. You must be 18 years of age or older to participate in the Affiliate Program. A.2) APPROVED TERRITORIES. The Hire Resumes, Inc. Affiliate Program is currently available for companies based anywhere in the world except those in countries prohibited from doing business with U.S. corporations because of U.S. State Department regulations (such as Iran, Iraq, Syria, etc.). A.3) PROVIDE ACCURATE INFORMATION. You must provide Hire Resumes, Inc. with valid contact and mailing information and promptly update such information should it change or should additional information be required by Hire Resumes, Inc. for legitimate tax-related purposes or any other reason required by applicable law. Hire Resumes, Inc. reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by Hire Resumes, Inc.. You may not impersonate or misrepresent Your identity. Hire Resumes, Inc. reserves the right to terminate any account, and associated membership, containing untruthful information. Hire Resumes, Inc. is not responsible for lost payments or communications due to Your failure to provide Hire Resumes, Inc. with valid contact information as reasonably necessary; A.4) ENROLLMENT. To the full extent allowed by applicable law, Hire Resumes, Inc. at its sole discretion and for any or no reason may refuse to accept applications for affiliate membership. A.5) ACCOUNTS ARE NON-TRANSFERABLE. Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account or to receive payments directed to You; You may not use anyone else's password or account or act to accrue earnings for anyone else's account; You are responsible for keeping Your password secret. Hire Resumes, Inc. will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of your password or account; and A.6) TERMINATION AND CANCELLATION. Hire Resumes, Inc. at its sole discretion and for any reason or no reason at all may terminate any Affiliates without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the ExecReg.com Service; (c) acting against the business interests or reputation of Hire Resumes, Inc.; (d) otherwise acting unlawfully in relationship to Hire Resumes, Inc., the Hire Resumes, Inc. website or the Hire Resumes, Inc. Service; (e) breach of our Spamming Policy; (f) inactivity over an extended period of time or (g) any other reason at the discretion of Hire Resumes, Inc.. If your account is terminated by Hire Resumes, Inc., You may not re-enroll or join under a new account unless formally invited to do so by Hire Resumes, Inc.. (See Section H. below for more information about termination of accounts.) You may cancel Your Affiliate account at anytime by notifying Hire Resumes, Inc. at info@ExecReg.com. If you decide to cancel Your affiliate membership and later wish to re-enroll, You will be assigned a new account number and You will not receive credit for Your previous account. A.7) FRAUD. If you commit fraud or falsify information in connection with your ExecReg.com affiliate account, your account will be terminated immediately. In addition, you will be liable to Hire Resumes, Inc. for any and all damages that Hire Resumes, Inc. suffers as a result of any actions. You will also be responsible for returning to Hire Resumes, Inc. all commissions received for fraudulent members, and Hire Resumes, Inc. reserves the right at this time or at any point in the future, to pursue legal action through State Law Enforcement Authorities as well as the Federal Bureau of Investigation. In addition, Hire Resumes, Inc. reserves the right to notify your Internet Service Provider, Web Hosting Services Provider, University and/or employer of the fraudulent activity generated on your website. A.8) AFFILIATE ETIQUETTE. Affiliates shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of ExecReg.com. Affiliates shall not use robots or scripts with ExecReg.com. As an ambassador of ExecReg.com, your site reflects upon Hire Resumes, Inc. The content of Your site should not contain FRAUDULENT, PORNOGRAPHIC, ILLEGAL, OR OTHERWISE OBSCENE MATTER. Violation by affiliates will result in termination of membership, loss of all accrued credits and bar from future participation with services of Hire Resumes, Inc. Any decision made by Hire Resumes, Inc. relating to termination of affiliate membership in cases of suspected abuse or violation of its rules shall be final and binding. A.9) USE OF LINKS. You shall not cause any sales, Leads, or Clicks to be made that are not in good faith, including, but not limited to, using any device, program, robot, iframes, hidden frames, JavaScript popup windows or redirects. You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for Leads or Clicks, or that allows third parties ("Sub-Affiliates") to place ExecReg.com links on its Web site or in its e-mails, unless you receive Hire Resumes, Inc.'s prior written permission, upon notification to and verification by Hire Resumes, Inc. Breach of this clause is cause for immediate termination from Hire Resumes, Inc.'s affiliate program and/or termination of this Agreement. B. YOUR RELATIONSHIP TO HIRE RESUMES, INC. By filling out the affiliate information, You are applying to receive a service. Your relationship to Hire Resumes, Inc. is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You are fully responsible for filing local, state, or federal or any other taxes if applicable on any compensation received as a result of Your participation in the Service. When/If Your annual affiliate earnings through the Hire Resumes, Inc. Affiliate Service reaches $250.00, Hire Resumes, Inc. will request Your Social Security or Federal Tax ID number and other appropriate tax-related information to use to comply with federal and state tax regulations. Hire Resumes, Inc. may not pay out credits earned in excess of the $250 limit without receiving this information from You. C. NO TAMPERING. You agree not to tamper with the proper functioning and tracking of the Service. Emulating or "faking" usage and web site visits, will lead to termination of Your account and may lead to legal action. D. RESUME DISTRIBUTION SERVICE. If a visitor to Your site is accepted by Hire Resumes, Inc. as a Member of the ExecReg.com Service and pays for a Full Membership, your affiliate account will be credited a commission of either $40 or $60, depending on the commission option you have chosen on the Account Setup page. D.1) In the unlikely event that a member's credit card company charges back the membership fee or otherwise receives a refund of the membership price, you will be expected to give back the commission. Because of the high quality of our service and our policy prohibiting refunds under normal circumstances, this is unlikely to occur. E. MAILING OF CHECKS. Currently, the only way to receive compensation from Hire Resumes, Inc. is by check mailed to the mailing address provided by You in the affiliate membership form. In the future, Hire Resumes, Inc. may initiate alternative methods of payment (e.g. credit to a credit card) and reserves the right to charge a fee for continued mailing of checks after that time. Subject to the limitations herein, Hire Resumes, Inc. will mail a check to You within a reasonable time after You have accumulated at least $45 U.S. currency in Your account. F. MONITORING YOUR ACCOUNT BALANCE. You may view your account balance and earnings that you have made at the ExecReg.com "Affiliate Account Page" web page. If you have a question about your account balance, contact info@ExecReg.com. H. TERMINATION. If an Affiliate's account is terminated by Hire Resumes, Inc., Hire Resumes, Inc. may refuse to pay some or all of the amounts credited to the terminated Affiliate's account if such amounts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Affiliate. Similarly, Hire Resumes, Inc. will have no obligation to pay an Affiliate for amounts credited to the Affiliate's account that were earned in violation or after violation of this Agreement by any of the Affiliate's direct or extended referrals. If your account is terminated by Hire Resumes, Inc., You may not re-enroll or join under a new account unless formally invited to do so by Hire Resumes, Inc. I. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HIRE RESUMES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HIRE RESUMES, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. J. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER HIRE RESUMES, INC. NOR ANY OF ITS MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HIRE RESUMES, INC.'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: $50.00. K. FORCE MAJEURE. Hire Resumes, Inc. will not be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the control of Hire Resumes, Inc.. L. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by New York law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in New York County, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of New York and the United States that apply to the use of this Service and the compensation You may receive. If the law of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify Hire Resumes, Inc. against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your ExecReg.com affiliate account or other benefits you receive as an affiliate of ExecReg.com to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. Hire Resumes, Inc. may assign this Agreement at its sole discretion. O. SECURITY. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Hire Resumes, Inc. has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, Hire Resumes, Inc. cannot guarantee the security of any information that you transmit to us and You do so at Your own risk. P. CONFIDENTIALITY. 1. Definition. "Confidential Information" shall mean information of a confidential nature, that is not commonly known or readily ascertainable, about HIRE RESUMES, INC., its actual or prospective products and business operations, its customers, or its financial affairs, and any other information that Affiliate reasonably should expect to constitute confidential information, that Affiliate learns, acquires, or has made available to him during the term of this agreement, including, without limitation, any trade secrets, business plans, financial information, personnel information, procedures, and client, advertiser and customer lists, and all documentation of such information, in all forms and media. P.2) Restrictions on Use. Affiliate shall not use any Confidential Information for any purpose other than to promote the Services of HIRE RESUMES, INC. in good faith. P.3) Restrictions on Disclosure. Affiliate shall not disclose any Confidential Information to any third party. P.4) Exceptions. The foregoing restrictions shall not apply to any Confidential Information that (i) is or becomes publicly available other than by any act or omission of Affiliate; (ii) was or becomes available to Affiliate from a source other than HIRE RESUMES, INC. or any of its employees, representatives and agents, if such employee, representative or agent had the right to provide such Confidential Information to Affiliate; (iii) Affiliate develops independently from sources in the public domain and without reference to Confidential Information; or (iv) Affiliate is required to disclose by court order or other lawful governmental action, but only to the extent that such disclosure is ordered, and only as long as Affiliate promptly notifies the disclosing party so that the disclosing party may try to obtain a protective order. P.5) Remedies for Breach. Affiliate acknowledges and agrees that the provisions of this Section P are necessary to protect the legitimate interests of HIRE RESUMES, INC. and that any violation of this Section P will result in irreparable injury to HIRE RESUMES, INC.. If Affiliate violates any of the provisions of this Section P, then in addition to any other remedy available at law or in equity, HIRE RESUMES, INC. will be entitled to seek specific performance or injunctive relief without posting a bond, or other security, and without the necessity of proving actual damages. This Agreement constitutes the entire Agreement between You and Hire Resumes, Inc. in connection with general membership in the ExecReg.com Affiliate program and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights. CONTACTING US. If You have questions about the Service or this Agreement, please contact info@ExecReg.com.

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