By filling out the signup form, you acknowledge that you have read and agree with the terms and conditions associated with this referral program.

 

JOINING OUR REFERRAL PROGRAM

By filling out the signup form, you will automatically become a referral (also referred to as “influencer/affiliate”) and are bound by the terms of this agreement. We may reject your application at our sole discretion, and immediate approval of your application does not imply that we may not re-evaluate your application at a later time.

 

REVOCATION OF REFERRAL STATUS

Your referral application and status in the program may be suspended or terminated if we determine that your site is unsuitable for our Referral Program, including if it:

• Promotes sexually explicit materials

• Promotes violence

• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

• Promotes illegal activities

• Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

• Includes "Off The Clock Resumes" or variations or misspellings thereof in its domain name

• Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

• Contains software downloads that potentially enable diversions of commission from other influencers/affiliates in our program.

• You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are offtheclockresumes.com or any other affiliated business.

 

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Referral Program.

Off The Clock Resumes LLC reserves the right to terminate this Agreement and your participation in the Referral Program immediately and without notice to you should you commit fraud in your use of the Referral Program or should you abuse this program in any way. If such fraud or abuse is detected, Off The Clock Resumes LLC shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Referral Program application and will continue unless terminated hereunder.

 

REFERRAL LINKS

Off The Clock Resumes LLC uses a third party to handle all sales and link tracking. The third party is the Short.link Shopify app. Kindly review the app’s terms and conditions.

As a member of our Referral Program, you will have access to a Referral Resource Center and Dashboard. From the Referral Resource Center, you will be provided promotional materials to share when you refer our products. You will be able track all referral visits to our website, referral orders and revenue, and commissions earned from the Dashboard. In order for us to accurately keep track of all referred visits to our site, you must use the custom link(s) (also referred to as “Your Links”) we provide you with.

Off The Clock Resumes LLC reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.

 

PAYMENT

Currently, Off The Clock Resumes LLC employs PayPal as the only method of payout. Payouts will only be issued to the PayPal email address you provide. For any changes in your PayPal account, you must update it immediately from the Referral Resource Center.

Payouts will be processed each month within 7 days after each earning period (the 26th of the previous month to the 25th of the current month).

For any disputes as to payout, you must notify Off The Clock Resumes LLC within 30 days of your receipt of the payout. Each dispute notification will be reviewed as well as the underlying payout transaction to which it is related. Disputes filed after 30 days of payout will not be addressed.

 

TERMINATION

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

 

GRANT OF LICENSES

You agree that the intellectual property owned by Off The Clock Resumes LLC includes all logos, copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to Off The Clock Resumes LLC ("Company IP").

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Referral Program and use intellectual property solely and exclusively in conjunction with identifying our company and brand on your site and to send customers to the links we provide. You may not modify the intellectual property in any way and you are only permitted to use the intellectual property if you are an influencer/affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the intellectual property in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Please be advised that your unauthorized use of any intellectual property shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.

 

MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Referral Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Referral Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

 

DISCLAIMER

OFF THE CLOCK RESUMES LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OFF THE CLOCK RESUMES LLC'S SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OFF THE CLOCK RESUMES LLC'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

 

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

11.1. This 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 terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

 

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OFF THE CLOCK RESUMES LLC'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

 

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Off The Clock Resumes LLC, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

 

GENERAL INFORMATION

CHOICE OF LAW AND FORUM. It is at the mutual agreement of both you and Off The Clock Resumes LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Off The Clock Resumes LLC, shall be filed within the courts having jurisdiction within Stevens County, Washington or the U.S. District Court located in said state. You and Off The Clock Resumes LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS. At any time, should Off The Clock Resumes LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

STATUTE OF LIMITATIONS. You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the Agreement must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

FORCE MAJEURE: Off The Clock Resumes LLC is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.