In consideration for your participation in the Partner Program (the “Program”) please read very carefully the Partner Program Terms and Privacy Policy (collectively constitute the “Agreement” or “Partner Terms”). By registering with the Program via the website https://jobscruze.com/partner-with-us you agree to be bound by the Partner Terms described herein. The Agreement is between you as Partner (as defined below) and JobsCruze with its principal office: at Lane no 4 , b 101 Park view terrace society Ground Floor , Opposite Manikchand Bungalow Koregaon Park Pune 411001 & Operations Office at 94b1/2 Agarwal Building , opposite Swaminarayan Mandir Rasta Peth Pune 411011
What that means for you?
The Partner Program Terms explain the conditions under which partners can recommend and sell our services. You will find different types of partnerships described here, the parties’ responsibilities, and data processing information
1. Introduction
- The Partner Terms between you and the Company are effective by virtue of your registration to the Partner Program made available through the following website https://jobscruze.com/partner-with-us (the “Site”), or by executing an applicable order form (the “Effective Date”) and does not in any way alter any other possible agreement you may have with the Company, its subsidiaries or affiliates.
- Please note that the Partner Terms affect your legal rights and obligations. If you do not accept or understand the Partner Terms and do not agree to be bound by all of the Partner Terms, please do not register for or participate in the Program and do not access or use the Site.
2. Definitions
- ”JobsCruze .” [also “Company” or “we”] means JobsCruze Resume Builder Portal . with its principal office Lane no 4 4 , b 101 Park view terrace society Ground Floor , Opposite Manikchand Bungalow Koregaon Park Pune 411001 & Operations Office at 94b1/2 Agarwal Building , opposite Swaminarayan Mandir Rasta Peth Pune 411011 providing the Partner Program.
- “Partner” [also “you”] means any natural or legal person, including any entity, affiliated company, and/or any agency or network acting on its behalf, that has registered with the Program via the Site, which will also be contracted by this Agreement.
- “Services” means services supplied by JobsCruze under the main Terms of Use and specified thereof.
- “Partner with us ” means services available for partners via JobsCruze Partner Program .
- “License” [also “Account”] means the account created by the Customer or by the Partner for the Customer for providing Services to the Customer.
- “Partner’s Account” means an account created by the Partner or for the partner in the Program via the Site for managing the Program.
- “Affiliate” means a Partner who uses referral links to recommend Company’s Services to people from their audience through various marketing activities.
- “Solution Partner” means a Partner who is a business or entrepreneur that has been verified by the Company and offers Services’ Accounts directly for their customers.
- A SaaS partner program (also known as a “ CO Branding partner “) is a partnership with third parties, either businesses or individuals, who agree to help market and/or distribute your software & Services to new audiences
- “ White label Partner “A white label partnership is an agreement between two companies in which one company — the service provider — produces a product or service on behalf of another company, the reseller.The reseller purchases the white label product from the service provider, rebrands it with their own company name and logo, and then sells it to their own clients.
- “ Sales Partner or Revenue Share Partner “A sales partner is a company or an individuals — such as a reseller, service provider, vendor, retailer or agent — that partners with another organization to market or sell their services, products or technologies.
- “Referral Fee” means the payment/commission JobsCruze makes to a Partner in return for selling its Partner Program Services or gaining Customers via Partner Program Services on the terms set out in the Partner Terms.
- “Referral Link” means a link containing a unique affiliate ID - an additional information assigned to Partner’s Account, thanks to which the Company knows which Partner gets a credit for each sale.
- “Last Click Attribution Model” means the principle on which Customers who click the Referral Link lead by more than one Affiliate, are assigned to a specific Affiliate.
- “Second Tier Affiliation” means an Affiliate model extension which gives Affiliates the opportunity to invite referred partners to the Program and earn a commission of all sales their referrals make in the Program.
- “Amount Due” means the final amount to be paid to the Partner due to his activity in the Program.
- “Licensed Materials” means promotional tools such as banners, buttons, search engines, logos, trade names, trademarks, graphic images, and similar identifying material etc.
- “Site” means JobsCruze Partner with us belonging to JobsCruze enabling access to the Partner Program.
- “Program” means this Partner Program offered by JobsCruze .
3. Data protection provisions
- The Company is dedicated to protecting personal data and promoting compliance with rules set forth by, among others, the European Union.
- This Agreement shall be supplemented by this Privacy Policy .
- Any observation or breach of data protection may be reported via customersupport@jobscruze.com
- By accessing the Program, Partner expressly consents to the processing mainly collection, use, storage, and disclosure of their information, including their personal data, as well as data subjects Partner employees while using the Program, in accordance with the Company’s Privacy Policy, and the General Data Protection Regulation (GDPR) related documents for Partner Program Services providing and maintaining purposes. You also agree to processing your personal data for marketing purposes.
- Partner also agrees and warrants that they comply with all data protection laws applicable to them (including the General Data Protection Regulation (“GDPR”) (EU) 2016 / 679) while processing the Customers’ personal data gained for the purpose of the Program (including but not limited to: gaining consents for data processing, if applicable, and gaining consents for data transfer). Partner is fully responsible for the lawful acquisition and processing of personal data transferred to the Company through the Program. The Company shall bear no responsibility for the quality of personal data collected by the Partner.
- For the purpose of the appointment of sub-processors, Partner acknowledges and agrees that the Company may engage third-party sub-processors in connection with the provision of the Service in accordance with the the privacy policy and GDPR related documents.
4. General Partner Program statements
- To participate in the Program the Partner:
- must be at least 18 years old,
- should have an active and verified bank accounts in good standing. (Having the transfer account for online money transfers via bank transfer provider is not necessary to sign up to the Program, however it is necessary for the commission withdrawal).
- must be lawfully fit and able to enter into a binding agreement with us.
- By registering with the Program via the Site you agree to be bound by the Partner Terms and Privacy Policy and you undertake to comply with these Terms.
- If you are participating in the Program on behalf of any legal person, entity or corporation you further represent and warrant that you are rightfully authorized to accept the Partner Terms and enter into the Agreement with us on such entity’s behalf.
- The Company reserves the right in its sole discretion at any time to refuse anyone’s participation in the Program.
- Please keep in mind that the usage of the Program is subject to the then-current version of the Partner Terms. We reserve the right to update and change the Partner Terms from time to time at our sole discretion and each time, the Partner Terms currently visible JobsCruze Partner Program are up to date, supersede all prior versions, and are effective and binding immediately after posting. Your continued use of the Program on or after the date the updated version of the Partner Terms is effective and binding constitutes your acceptance of such updated terms. If you do not agree to our updated Agreement, you can ask us to delete your account at any time.
- Partner is able to choose Various models of participation in the Partner Program: either as an affiliate (“Affiliate”) or as a solution partner (“Solution Partner”);or Co Branding partner or sales Partner or Revenue Share Partner or White labelling Partner or Franchisee or Zero Cost Partner . Partner can use all aforementioned models as per the discussion and mutual agreement within one Partner’s Account. Within the Solution Partner model of the Program, the Partner can choose one or both options of managing the Solution Partner model (described in the paragraph 7.1. hereof).
- Partner acknowledges and agrees that (i) Referral fee is calculated only on the basis of the product price and (ii) all the sums of Referral Fee exclude any tax that Partner is solely obliged to pay for the purpose of fulfilment of its tax obligations.
- In the event of a transfer of a Customer acquired by a Partner through a Referral Link to the Company Sales Team or the Customer self-reports to the Company’s Sales Team, the Company reserves the right not to pay Referral Fee to the Partner or reduce the Referral Fee by the percentage recognized by Company in its discretionary power as corresponding to the engagement of the Partner in the Customer acquisition.
- The features and functions of the Partner Program Services may change over time at our sole discretion, provided, however, we will not materially decrease the overall functionality of the Partner Program Services. It is your responsibility to ensure that your Affiliate Partner program , solution Partner program , Co Branding Partner Program , white labelling Partner Program , Sales Partner Program and Revenue Share Partner Program is compatible with the then-current Partner Program Services.
5. Partner Responsibilities
- Partner shall introduce Partner Program Services to its current and prospective Customers and shall comply with all laws applicable to the Partner (including applicable data protection laws) as well anti-spam laws and those that govern email marketing rules
- The Affiliate may post as many Referral Links to Partner Program Services as Affiliate finds necessary as well as register in any search, referral, or advertising services (such as e.g. Google’s AdWords program), provided that Affiliate ensures that each website containing a Referral Link meets the terms of this Agreement.
- Partner shall not:
- purchase or register search engine keywords, AdWords, search terms or other identifying terms that the Company considers in its sole discretion as promoting sexually explicit materials, violence, firearms or weapons, illegal activities, fake or counterfeit items, promote gambling or betting, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or infringing upon others’ intellectual property rights,
- register any domain names which are identical or similar to the Company’s (including but not limited to domains, names, Services and Partner Program Services) or any other trademarks owned by the Company and Partner shall at all times comply with reasonable guidelines for the use of such trademarks as may be issued from time to time by Company,
- install spyware on another person’s computer; cause spyware to be installed on another person’s computer, or use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising other content on a website in a way that interferes with a person’s ability to view that website.
- Depending on the chosen option of settlement the Partner:
- For the Reseller Model: shall be solely responsible for the legal and financial relationship between the Partner Program Services and their Customers (while the Solution Partner chooses an option A described in paragraph 7.1.a. - i.e. decides to make payments directly to the Company);
- For the Referral Model: shall not be responsible for the legal and financial relationship between the Partners and their Customers (while the Partner chooses an option B described in 7.1. b. - i.e. decides to charge the Customer the obligation to make payments directly to the Company).
6. Affiliate’s cooperation
- Partner, participating in the Partner Program as an Affiliate, is entitled to Referral Fee.
- For a sale of Partner Program Services to generate a Referral Fee the Customer must jointly:
- use a browser that has its cookies setting enabled,
- follow a Referral Link,
- purchase Partner Program Services and remit full payment to Company.
- Affiliate will receive a Referral Fee from every sale of Partner Program Services made in accordance to paragraph 6.2.
- Referral Fee may be a subject for adjustments for the credit card chargebacks and refunds. Fraudulent or voided transactions do not qualify as basis for Referral Fee.
- We do not assume any responsibility for the unauthorized use of credit cards or for the use of personal or financial information from an unauthorized source or fraud.
- Referral Fees are traced through the use of cookies. If it is not possible to track traffic from the Affiliate’s site to the Company’s website because the visitor is using cookie-blocking software, Company is only responsible for paying Referral Fee on sales that can be traced back to the Affiliate.
- Referral Fees can only be accrued to Accounts (Licenses) created via Referral Link. Accounts (Licenses) created by the Partner without using a Referral Link or before signing up to the Program are not subject to Referral Fees and can not be migrated to the Partner’s Account.
- Only the Affiliate who was assigned the Referral Link Customer clicked on last (the one that drove the buyer/Customer to purchase Partner Program Services) will get Referral Fee for the sale. Last Click Attribution Model applies here. Based on 120 days cookie lifetime the Referral Fee is paid to the Affiliate whose Referral Link was clicked as the last one.
- The Company shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between the Company and the Customer and that the prices for the Partner Program Services will be set solely by the Company in its discretion.
- All determinations of Referral Links and whether a Referral Fee is payable will be made by the Company in its sole discretion, and will be final and binding on both the Company and the Affiliate.
- In the event that the Amount Due for a calendar month is a negative amount, the Company may, but will not be obliged to carry forward and set off such a negative amount against Amounts Due for future months which would otherwise be payable to Affiliate. If the Amount Due for a particular calendar month does not exceed 50 USD, the Company will be entitled to withhold and carry forward such amount to the end of the calendar month in which the Amount Due (including any sums carried forward in this way) exceeds 50 USD.
- If the Amount Due exceeds 50 USD Affiliate may withdraw funds from their Partners Account at any time. Funds can be withdrawn with the value of the Amount Due.
- Partners will not be entitled to receive any Referral Fees in respect of Customer who:
- has been introduced in breach of any term of this Agreement or an agreement between the Company and a Customer,
- makes an initial payment which is subject to a chargeback or which is reversed for any other reason or any refund made to customer against any services or saas services
- fails any identity or credit checks carried out by the Company or on its behalf,
- is located in a territory from which the Company does not accept Customers,
- is suspected by the Company of acting in breach of the terms and conditions governing their Account (License) or any fraudulent or dishonest activity.
- In the event described in paragraph 6.9. if any such payment has already been made to Affiliate in respect of such Customer, Affiliate will promptly repay the amount paid on receiving notice from the Company. The Company will be entitled, but not obliged, to set-off any amount owed as a result against future Referral Fees.
- All payments made by the Company under this Agreement are deemed inclusive of any VAT or other tax payable and will be paid via Bank Transfer . Any fees connected with withdrawing funds e.g. online transaction fee, shall be borne by the Partners .
7. Partners Program cooperation
- The Partner is entitled to choose one or both options of participation in the Various model of Partners Program:
- Option A: Partner introduces Partner Program Services to current and prospective Customers, manages payments directly to the Company for the Customers’ Accounts and resells the Partner Program Services. Therefore the Partnerships Models is entitled to a discount granted by the Company and calculated in accordance with paragraph 7.2.
- Option B: Partner introduces Partner Program Services to current and prospective Customers and sets the payment for the Partner Program Service to the Customer. Solution Partner is then entitled to the Referral Fee calculated in accordance with paragraph 6.3.
- While choosing the option A described in 7.1.a.
- The Company agrees to give the Partner referral fees on the regular prices of any Partner Program Services available currently in the Program. Based on this discount Solution Partner sells Partner Program Services at the individual price set by the company for their Customers.
- The Company does establish limitations for the value of White labelling Partners resell price. White labelling Partner is entitled to determine the price fixed by JobsCruze for Partner Program Services provided to Partners Partnership models provided to Customers. The Company shall bear no responsibility for any legal or financial relationship between white label Partner and their Customers.
- For each Customer Account (License) Partner selects and creates the customer account for Resume builder Access or other services , the number of Customers or job seekers, the time period and provides accounts details . Partner may provide to the Customer other services related to the Company’s Partner Program Services including but not limited to Account management, Account customization. The Company does not participate in providing the aforementioned services and shall bear no liability for providing such services as well as for the financial conditions of those services. The Company’s commitment consists in selling the Account (License) to the Solution Partner.
- If the credit card or the debit card or any other mods of payment by online transfer including UPI details are correct, the payments will be charged automatically for the product or services . Partner may cancel Customer’s Account (License) at any time without the right to a refund.
- Amount will be charged as per the customized plan defined by company JobsCruze in its website or specifically designed for the partner in the customized model .
- Partner adds Customers and may manage Partner Program Service accounts (licenses) by his Partner’s Account. Managing Partners Account Solution Partner has the ability to cancel their Customer’s Account (Licenses) .
- Partner bears sole responsibility for Customers’ Accounts (Licenses) created for their Customers and payments for the purchases of any Company’s Services.
- The Company may terminate the Agreement with immediate effect if the Company cannot contact Partner due to the Customer’s issue for the 14 days from the first attempt to contact. In such a case, the Company has the right to contact directly with the Customers due to their usage of the Partner Program Service.
- While choosing the option B described in 7.1.b.:
- Partners does not select the plan, the number of agents or the payment period and does not provide credit card details.
- The Company charges the Customer the price set out in the Company’s pricing. The Partner is entitled to the Referral Fee as per the agreements and discussion with them at the time of initiation of program for each Customer’s payment to the Company.
Partners does not add Customers and does not manage Partner Program Service Accounts (Licenses). The Partner has no ability to cancel their Customer’s Account (License) nor to access or change credit card details. The Account (License) may be managed or closed only by the Customer (or the Company in case i.e. expiration of the Account once the payment is not made for the respective services .
-
- Partner does not bear any responsibility for Customers’ Accounts (Licenses) created for their Customers or payments for the purchases of any Company’s Services.
- To prepare the Customer’s Account (License) for their Customers on Partners admin section of Partner’s Account Partners needs to (if applicable) indicate the name and e-mail address of Customer for which the Account (License) is to be prepared.
8. Company’s Responsibilities
- The Company agrees to pay the Partner Referral Fees on sales of the Partner Program Services referred directly by the Partner (“Referral Fees”) if that Customer has accessed the Company’s Services and the Partner Program Service has been purchased and paid.
- Upon registration at the Program the Company will make available:
- Referral Link which redirects to the applicable Company’s website with a unique login assigned (“Referral Link”). This information is saved on the computer of the visitor, who enters the applicable Company’s website through the Referral Link, in the form of a cookie which is active for a period of 120 days. Last Click Attribution Model applies here which means basing on 120 days cookie lifetime the Referral Fee is paid to the Affiliate whose Referral Link was clicked as the last one.
- Affiliate platform, where Affiliate will be able to review statements showing the number of Customers introduced via Referral Link, trials and subscriptions for the Company’s Services, amount of the accrued Referral Fees available for withdraw in accordance with paragraph 6.10, (“Amount Due”), contact details including address, as well as payment information associated with the Affiliate’s Partners Account.
- Partner platform, where Solution Partner will be able to review and manage Accounts (Licenses) of the Company’s Services, amount of Solution Partner and payment status.
- Promotional tools such as banners, buttons, search engines, logos, trade names, trademarks, graphic images and similar identifying material etc (“Licensed Materials”) if required as per the discussion with the partners .