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Introduction
This Partner Agreement ("Agreement") is between White Indus Ventures Pte Ltd, with its registered address at 3 Rivervale Link, #13-30 The Rivervale Singapore 545119 (UEN: 202219303W), (hereinafter referred to as "Resumonk", "we", "our", or "us") and you, the individual applying to be a Resumonk partner, (hereinafter referred to as “Partner”, “you”, “your”, or “yours”). Together, both parties will be referred to as the "Parties".
Terms of Participation
By applying to or participating in Resumonk's partner program ("Program"), you acknowledge you've read, understood, and agree to the terms within this Agreement, Resumonk’s general Terms & Conditions, and Privacy Policy. Any violation of these terms may lead to your removal from the Program.
The Program's objective is for you to promote Resumonk's paid subscription plans and earn a Commission from eligible purchases made by individuals you refer. You commit to promote these plans lawfully, with quality and due effort.
The Program uses FirstPromoter software. Participating in the Program implies your acceptance of FirstPromoter's Privacy Policy and Terms of Use, and agreement to its use for tracking referrals, purchases, and commissions.
Your Platforms
"Partner Website" or "Your Website" refers to any website, media, or channel you own, operate, or use.
Program Application
Eligibility: To apply, you must be at least 18 or the legal age for business in your region. The application form is at https://partners.resumonk.com. Account Creation: Applying requires a Firstpromoter.com account ("Partner Account"). While creating this account, you must accept FirstPromoter's policies. Resumonk is not responsible for the security of this account, as it's managed by FirstPromoter. Information Accuracy: You must provide and maintain accurate application information. Resumonk may ask for identity or legal capacity proof. Application Review: Resumonk reviews all applications and approves or rejects them at its discretion. Upon Acceptance: If approved, you'll receive a unique partner link and/or code to display on Your Website, linking to Resumonk's Program Website. Any failures in using this link or code are not Resumonk's responsibility. Your Partner status may be re-evaluated by Resumonk at any point. Upon Rejection: If rejected, you won't be a Partner, earn commissions, or receive payments for promotions, but you can reapply.
By applying, you confirm your eligibility and offer to form a contract with Resumonk for participating in the Program. However, acceptance into the Program isn't guaranteed.
Partner Responsibilities
As a Partner, you agree to:
Account Limitations: The Program is personal; hence, your Partner Account, Link, and Code are solely for your use. Sub-partners are not allowed. Promotion: Dedicate reasonable time and effort in promoting Resumonk’s Paid Subscriptions with good quality. Website Updates: Modify Your Website promptly if we advise changes. We might review Your Website to ensure adherence to this Agreement and appropriate use of links and information. Website Design Restrictions: You must not design any Partner Website that:
- Resembles any of our media, profiles, or websites.
- Misleads customers into thinking you are Resumonk or our associated business.
- Uses "Resumonk" or any variations, similar sounding or looking, or misspellings thereof in its name, username, social media handle, domain name or url.
- Your Website’s operation, content, and costs.
- The accuracy of materials you share.
- Keeping your Partner Account and password secure.
- Updating your Partner and Resumonk account details.
- Staying informed about Resumonk's product pricing and availability.
- Regularly checking for updates in the Partner Agreement.
- Do not contradict this Agreement on Your Website.
- Use the Program legally and authentically.
- Abide by this Agreement and all Partner Terms.
- Follow and comply with the terms, conditions, guidelines and policies of any third party services used by us in connection with the Program, including but not limited to, email providers, social networking services and ad networks.
- Follow and comply with any and all laws, rules, regulations, licenses, permits and any other requirements that apply to you, within the applicable jurisdiction, including without limitation all applicable copyright, intellectual property, advertising, anti-corruption, anti-spam, cookie, privacy, GDPR and data protection laws, whether those laws, rules, regulations etc. are now in effect or later come into effect during the time you are an Partner. You must have permission to use any copyrighted material. You will be solely responsible, and we will not be responsible, for any violation of the law or any third party rights by you.
Partner specifically acknowledges and agrees that (i) Resumonk disclaims all liability regarding the above matters including all liability related to Your Website, and (ii) Partner will defend, indemnify and hold Resumonk and its successors, subsidiaries, partnered companies, partners, partners, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors harmless from and against any and all claims and costs arising from any breach of this section by the Partner. This indemnity shall extend to the costs for the legal defense against third party claims, including the costs for negotiations, settlements and legal remedies.
Promotion Restrictions
Certain forms of promotion, practices or behavior are prohibited by Resumonk and the Program and will cause the automatic termination of this Partner Agreement for Breach or Violation (see “Termination” section). As a Partner, you are strictly prohibited from:
- Using or promoting content that is sexually explicit, illegal, violent, discriminatory, infringing on intellectual property rights, or any other content deemed objectionable by us.
- Making false statements or engaging in questionable or illegal sales or advertising tactics.
- Offering any incentive in the form of, described as, or resulting in discounting of any products or services of Resumonk, or in the form of points, prizes, rebates, deposits, cash-back or any other type of monetary incentive relating to the products or services of Resumonk, other than the ones provided personally to you by Resumonk. You are only allowed to offer an approved exclusive discount through the Partner Link or Partner Code if explicitly provided to you personally by Resumonk.
- Purchasing or redirecting ads automatically to your Partner Link. Promotion should come organically from your own platforms without trying to divert Resumonk's traffic.
- Bidding on keywords that include "Resumonk" or any variation thereof, or any action attempting to divert Resumonk's organic audience.
- Using or employing any kind of method, program, process, procedure or anything else in order to acquire or divert organic customers or leads from Resumonk.
- Sending fake or spam traffic or using automated traffic generators.
- Tampering with Resumonk, its related systems, or the Program.
- Using, or receiving any direct or indirect benefit from any cookie stuffing, cookie spreading or cookie dropping, iframes, hidden links, spyware, adware, forced clicks, interstitials, pop-ups, pop-unders or any other similar, fraudulent, deceptive or parasitic marketing technique, behavior, method or mechanism, in any way and for any reason including, but not limited to set or cause the overwriting of commission tracking cookies, divert Commissions (as defined below) from other affiliates in our Program, generate unearned Commissions, intercept searches or redirect traffic.
- Using any kind of method, including but not limited to link stuffing, which may negatively impact the SEO of Resumonk.
- Sending unsolicited emails or communications.
- Post the Partner Link or the Partner Code on any coupon website or media, or on Your Website with "reveal the coupon code" or similar phrase that stimulates visitors to click to reveal a coupon code.
- Doing anything that could be considered impersonating Resumonk, competing with the Resumonk brand or violating Resumonk’s intellectual property rights, including, but not limited to creating ads, promotions, pages, resources or any other type of materials that compete with our brand or try to impersonate Resumonk.
- Using the term “Resumonk” or “Resumonk.com”, or any variation, misspell, similar sounding or looking or any word that imply any link to Resumonk or the Resumonk brand, as a part of Your Website including but not limited to Your Website’s URL or username.
- Using Licensed Material (as defined later) outside of its intended Program-related use.
- Engaging in activities that tarnish the reputation of Resumonk or its associated parties
This list is not exhaustive, and Resumonk may disallow any promotional tactic deemed inappropriate.
Partner acknowledges that Resumonk:
i) Is not liable for issues arising from the aforementioned activities, especially concerning your website. (ii) Must be defended and held harmless against claims arising from a Partner's breach of this section. This includes covering costs for defending against third-party claims, negotiations, settlements, and other legal actions.
Referral and Eligible Purchase
A Referral is an individual who:
- Clicks your Partner Link to access the Program Website, agrees to cookies, and then creates a Resumonk account within the next sixty (60) days (“Cookie Life”) with the relevant cookies active. This follows a "last-click" attribution approach. If another Partner's link is clicked after yours within the Cookie Life, they will be attributed the referral. For avoidance of doubt, anyone who has previously made a Resumonk account will not count as a new referral.
- Alternatively, someone who accesses the Program Website, is not already tied to another Partner, and successfully uses your Partner Code to make a purchase.
Note: Each Referral can only be credited to one Partner.
An Eligible Purchase fulfills all of the following conditions:
- Occurs while you are an active member of the Program.
- Involves a Paid Subscription or its automatic renewals on the Program Website.
- Is made by a recognized Referral.
- Is not a self-referral. Partners are prohibited from referring themselves, and any resulting commission or discount will be voided.
- Is successfully tracked by the FirstPromoter system, confirming the Referral’s registration and their association with your account.
- Complies with all terms in this Partner Agreement, is finalized, legitimate, and non-fraudulent.
- Doesn't result in a refund or chargeback within 45 days after the purchase date.
Commissions
Partners earn a commission, termed “Commission,” based on the net sale value (this means the amount after excluding taxes and fees and after applying any discounts) paid by the Referral for an Eligible Purchase. The Commission rate can be found within your Partner Account. For a particular recognized referral, commissions will be earned for up to 36 months, beginning from the date of the first Eligible Purchase.
Commissions will not be awarded on purchases we identify, using reasonable judgment, as potentially fraudulent, in breach of Partner Terms, or those that lead to chargebacks or refunds. If we've already issued Commissions for such transactions, we'll either deduct the amount from the Partner's balance, from the next payment to the Partner, or the Partner will need to repay Resumonk within 30 days of receiving an invoice.
Payment Terms
Commissions (termed as "Payment") are disbursed monthly, within the first 15 days of each month. To qualify for Payment, at the start of the month, Partners must:
- Have accrued a minimum Commission of USD 50 (referred to as "Payment Threshold").
- Ensure their Partner Account has accurate and up-to-date details for both the Partner and the payment method.
Grant of Licenses
For the duration of this agreement, we grant Partners a limited, non-exclusive, non-transferable, and revocable license to:
- Access the Program Website exclusively via your Partner Link in line with this agreement's terms.
- Use our branding materials, which include our logos, trade names, trademarks, and other related content ("Licensed Materials") that we provide or approve for use solely in connection with the Program.
This license is valid only while you remain a Partner in good standing with the Program. When using the Licensed Materials, Partners agree to:
- Ensure all uses benefit the Program and by extension, Resumonk.
- Refrain from portraying Resumonk in a negative, misleading, or inappropriate manner.
Please note that we retain all our rights. By entering into this agreement, Partners acknowledge that they don't gain any intellectual property rights in the Licensed Materials or any other rights beyond those specified in this agreement.
Nature of the Partnership
As a Partner, it's important to understand and agree to the following:
- Transactions and Contracts: When a Referral signs up or makes a purchase, the agreement is solely between the Referral and Resumonk. Resumonk handles these transactions through Paddle, which acts as the Merchant of Record. In this context, Partners are not part of the contractual agreement between the Referral and Resumonk. Resumonk also retains the right to decline any Referral or Eligible Purchase introduced by the Partner.
- Status as Independent Contractor: Partners are seen as independent contractors. No form of partnership, joint venture, agency, franchise, or employment relationship exists between the Partner and Resumonk due to the Program or this agreement. Partners cannot:
- Represent themselves as an employee or agent of Resumonk.
- Act or speak on behalf of Resumonk.
- Make or accept offers or statements for Resumonk.
- Liabilities and Costs: Resumonk isn't responsible for any third-party claims arising from any breaches of this relationship clause or the overall agreement. Since Partners operate independently, Resumonk won't be held accountable for their actions or the consequences. Also, any costs Partners might encounter related to this agreement or the Program are solely on them.
- Compensation: Resumonk won't owe any other compensation or expense reimbursements to Partners beyond the agreed-upon payment terms. The Commission is the only payment linked to the Program.
- Tax and Financial Responsibilities: Partners are wholly responsible for reporting and handling any applicable taxes, charges, or fees. Resumonk isn't responsible for these matters.
Representations and Warranties
You represent and warrant that (i) this Partner Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its Partner Terms; (ii) you have the full right, power, and authority to enter into and be bound by these Partner Terms and this Partner Agreement and to perform your obligations under this Partner Agreement, without the approval or consent of any third party; (iii) you have sufficient right, title, and interest in and to the rights granted to us in this Partner Agreement.
Termination
Either Party may terminate this Partner Agreement at any time, with or without reason, and with immediate effect by giving the other Party written notice via email. Partner may terminate this Partner Agreement by writing to Resumonk at [email protected]; Resumonk may terminate this Partner Agreement by writing to Partner at the email address listed in the Partner Account.
Upon termination of this Partner Agreement, your status as an Partner is terminated immediately, you will no longer be considered an Partner and part of the Program and you will not receive any Payments as a result of any further promotion.
Furthermore, any and all licenses granted hereunder shall immediately terminate and you agree to remove and discontinue use of all links, including any Partner Link or Partner Code, logos, banners, promotional materials and any other material or Licensed Materials provided to you.
Unless the Partner Agreement is terminated for Breach or Violation, Suspension or Inactivity (as defined below) or due to the deletion of your Partner Account, termination does not affect any outstanding Payments.
You also acknowledge and agree that if you delete your Partner Account or if your Partner Account is deleted upon your request, this Partner Agreement terminates immediately and you forfeit all right to any and all outstanding Commissions and Payments.
Breaches and Violations: Resumonk reserves the right to terminate this Partner Agreement and any Partner Account for breach or violation at any time, with immediate effect and at our sole discretion if you engage in any conduct set forth in the section “Promotion Restrictions”, violate any of the clauses set forth in the section “Partner Responsibilities” or any Partner Term of this Partner Agreement. If we terminate this Partner Agreement for Breach or Violation, Partner forfeits all right to any and all outstanding Commissions and Payments. Furthermore, Resumonk shall not be liable to Partner for any Commission commencing on the date of your breach or violation, regardless of when this Partner Agreement is terminated, and any sums already paid will be recouped. In such a case, Resumonk may pursue legal and/or equitable remedies.
Suspensions: In the case we suspect any breach or violation of, or any failure by you to abide by, this Partner Agreement or these Partner Terms, we may, at our sole discretion, suspend your Partner Account until we receive sufficient evidence from you that shows that no breach or violation of this Partner Agreement or these Partner Terms occurred. We may also require more information from you and review of your books and records prior to reinstatement. As long as your Partner Account is suspended, all Payments are suspended.
Inactivity: In the case we believe that your account is inactive, meaning you have not earned any Commission or received any visit via your Partner Link or Partner Code within the last twelve (12) months or you have not reached the sum of USD 50 within the last twelve (12) months, then we may decide to terminate your account. We may exercise this right without providing you with any prior notice.
Updates to the Agreement
Resumonk retains the right to adjust this agreement as deemed necessary. This could relate to alterations in program rules, commission structures, or payment procedures, among others. When changes are made, the updated agreement will be posted. If you choose to remain in the Program post these changes, it signifies your acceptance. If you disagree with any modification, your sole recourse is to terminate the partnership, as outlined in the “Termination” section.
Disclaimer
- Resumonk offers the Program and its affiliated elements (including the website, Partner links, and codes) "AS IS", available based on its current condition, and without any guarantee or warranty.
- Unless specifically stated in this agreement, Resumonk disclaims all explicit or implied warranties, including but not limited to warranties related to marketability, suitability for a specific purpose, and non-infringement.
- Any advice or data from Resumonk, whether verbal or written, won't provide additional warranties apart from those stated here.
- Resumonk doesn't promise uninterrupted or error-free operation for the Program or any associated third-party service.
- We hold no responsibility for Partners' actions or their offerings.
- There is no assurance regarding the commission amount Partners might earn. Engage in the Program at your discretion.
Limitations of Liability
- Unless otherwise specified and subject to statutory laws or product liability clauses, Partners cannot demand compensation from Resumonk or its associated entities, members, or staff.
- Exceptions apply for injuries, breach of essential contractual responsibilities, or damages caused by gross negligence or intentional harm, provided Partners used all provided resources appropriately.
- Unless caused by intentional or grossly negligent acts or affecting life and health, Resumonk's responsibility is confined to predictable damages known at the contract's inception.
- Specifically, Resumonk isn't liable for:
- Indirect losses not directly resulting from Resumonk's breach.
- Losses like missed business chances, anticipated savings, reputation, or goodwill.
- Issues arising from force majeure events or those beyond Resumonk's control, such as natural calamities, wars, or cyberattacks.
- Harm resulting from malware linked to files available for downloading from the web. Partners should maintain security measures, like antivirus programs, to protect against such threats and back up all essential data.
- In case of any liability, Resumonk's total liability to a Partner will not surpass the commission amount paid to that Partner in the preceding year.
Understanding the Agreement
- You confirm that you've reviewed and accept all terms of this Partner Agreement.
- You've chosen to join the Program based on your own assessment, not influenced by promises outside of this Agreement.
Indemnification
You'll protect and compensate Resumonk and its associated entities from any third-party claims or costs arising from your culpable actions related to the Program, your website, or breaches of this Agreement. This includes covering legal expenses and any fines by authorities. Your responsibility extends to actions by your employees, partners, and other associates to the extent the law permits. You're also responsible for defending against such third-party claims.
Confidentiality
Resumonk might share confidential details with you, such as business or customer specifics. This information remains Resumonk's property. You promise to keep it confidential and won't use or share it without Resumonk's explicit written approval.
Assignment
Neither Party may assign its rights or obligations under this Partner Agreement to any third party, except in the case where such third party obtains all or substantially all of the business or assets of the Party.
Severability
In the event that one or more provisions of this Partner Agreement shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of this Partner Agreement shall not be affected thereby. In such a case, any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. The same shall apply in the event that this Partner Agreement contains any unintended gap.
Survivability
Even if the Partner Agreement is terminated, any sections of the Partner Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Partner Agreement, shall survive.
Other important terms
- If we don’t immediately take action on any breach or violation by you of, or any failure by you to abide by, this Partner Agreement or any of the Partner Terms, we’re not giving up any rights under this Partner Agreement, and we may still take action at some point.
- The titles and headings here are for clarity and don't impact the Agreement's content.
- This Agreement is our complete understanding regarding the Program, replacing any previous discussions or agreements.
If you have any questions, please email us at [email protected].
This document was last updated on September 08, 2023.