These Course Buzz Ads Program Terms ("Terms") are entered into by you and CME Networks, LLC d/b/a Job Buzz Networks ("JBN"). "You" or "you" means the party listed on the account you create and you represent you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate Keyword Ads or Sponsored Job Ads. You hereby agree and acknowledge:
1 The Program. The Job Buzz Ads Program ("Program") use is subject to all applicable JBN policies, including without limitation the JBN Privacy Policy below. JBN policies may be modified at any time. In purchasing Keyword Ads or Sponsored Job Ads ("Sponsored Ads"), you are solely responsible for all: (a) keywords, ad, and job targeting options (collectively "Targets") and all ad, job or course content and target URLs ("Creative"), whether generated by or for you; and (b) web sites proximately reachable from Creative URLs and your services and products (collectively "Services"). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Sponsored Ads may be placed on (y) any content or property provided by JBN ("JBN Property"), and (z) any other content or property provided by a third party ("Partner") upon which JBN places Sponsored Ads or provides job search results ("Partner Property"). JBN or Partners may modify, reject or remove any Sponsored Ad for any or no reason. You shall direct only to JBN communications regarding Sponsored Ads on Partner Properties.
2 Cancellation. You may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). JBN may immediately cancel the Program or these Terms at any time with notice. JBN may modify the Program or these Terms at any time without liability and your use of the Program after notice that Terms have changed indicates acceptance of the Terms. Sections 1, 2, 4, 5, 6 and 7 will survive any expiration or termination of this Agreement.
3 Prohibited Uses. You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant JBN and Partners all rights to copy, distribute and display Creative and Targets ("Use"); and (z) such Use and websites linked from your Sponsored Ads (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences.
4 Disclaimer and Limitation of Liability. JBN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. JBN disclaims all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or JBN Property or sections of such properties, (iv) clicks or (v) conversions for any Creative or Targets. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JBN BY YOU FOR THE SPONSORED ADS GIVING RISE TO THE CLAIM.
5 Payment. You shall be charged based on actual clicks or other billing methods you may choose online. You shall pay all charges in US dollars. Charges are exclusive of taxes. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees JBN incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on JBN's click measurements. Refunds (if any) are at the discretion of JBN and only in the form of advertising credit for JBN Properties. You acknowledge and agree that any credit card and related billing and payment information that you provide to JBN may be shared by JBN with companies who work on JBN's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to JBN and servicing your account. JBN may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. JBN shall not be liable for any use or disclosure of such information by such third parties.
6 Indemnification. You shall indemnify and defend JBN, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Targets, Creative and Services and breach of the Agreement.
7 Miscellaneous. The Agreement must be construed as if both parties jointly wrote it, governed by Texas law except for its conflicts of laws principles and adjudicated in Travis County, Texas. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents by email, but any modifications by you to the Agreement must be made in a writing (not including email) executed by both parties. Any notices to JBN must be sent to: CME Networks, LLC, Job Buzz Network Ads Program, 701 Brazos, Suite 500, Austin, TX 78701, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than 15 days after having been posted (for messages in your JBN Ads interface). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights hereunder and any such attempt is void. JBN and you and JBN Partners are not legal partners or agents, but are independent contractors.
This agreement between You ("Publisher") and CME Networks, LLC d/b/a Job Buzz Network ("JBN") sets out the terms and conditions ("Terms and Conditions") applicable to your participation in the JBN Publisher Program (the "Program"). The Program, as generally offered by JBN, is described on our publisher program page or such other URL as JBN may provide from time to time. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these Terms and Conditions.
JBN shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program. Sites are ineligible to participate if they do not conform with the terms of the Job Buzz Network Affiliate Acceptable Use Policy, located below at AAUP. In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to JBN shall be true, accurate and complete.
Publisher Obligations
Any course search results, CMEBuzzTM, pay-per-click advertisements, links, insertion code, and any logos or other elements supplied by JBN for use on Affiliates' websites or websites co-branded by JBN and Affiliate (collectively, "Program Elements") may only appear on URLs that JBN has reviewed and accepted for participation ("Accepted URLs"). Publisher shall advise JBN of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by JBN from time to time to enable proper delivery, display, tracking and reporting of Program Elements.
Publisher shall label each displayed Program Element with one of the following text descriptions: 'powered by Job Buzz Network' or 'ads by Job Buzz Network'.
Publisher agrees to abide by all terms of the AAUP. JBN reserves the right in its sole discretion to suspend Publisher's participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold JBN harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that JBN may have as a result of a violation of the AAUP by Publisher.
Payments to Publisher
Publisher shall receive payment related to the revenue actually received by JBN with respect to valid clicks in relation to Program Elements displayed on Accepted URLs, in each case as determined by JBN for its participants in the Program in its sole discretion. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher's behalf. In addition, if JBN is responsible for refunding revenue to a job sponsor or other advertiser because of artificial and/or fraudulent impressions or clicks, then Publisher shall refund the share of that revenue paid to Publisher.
JBN shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account.
JBN may withhold any and all payment if Publisher is in breach of any Terms and Conditions and JBN shall have no further liability to Publisher.
Termination
Either party may terminate this Agreement and participation in the Program at any time by sending a notice by email to support-at-JBN dot com or other email address specified by JBN in the case of JBN, and to the email address specified in Publisher's profile in the Program in the case of Publisher.
Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its Web sites.
Confidentiality
Publisher shall not disclose JBN Confidential Information without JBN's prior written consent. "JBN Confidential Information" includes without limitation: (a) all JBN software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by JBN; and (c) any other information designated in writing by JBN as "Confidential" or an equivalent designation.
JBN'S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE 'SERVICE') IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JBN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JBN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET PUBLISHER'S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
JBN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY PUBLISHER FROM PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL JBN'S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THESE TERMS AND CONDITIONS.
Miscellaneous
(i) JBN reserves the right to change the Terms and Conditions at any time.
(ii) Publisher grants JBN permission to refer to Publisher and its Websites in its marketing materials.
(iii) These Terms and Conditions and any dispute arising from participation in the Program shall be governed according to the laws of the State of Texas.
1. General. This JBN Affiliate Acceptable Use Policy ('AAUP') is applicable to affiliates ('Affiliates') of CME Networks, LLC d/b/a Job Buzz Network, Inc. ('JBN') who publish on their websites, or provide links from their websites to web pages that contain, any of the following elements provided by JBN (collectively, 'Program Elements'): course search results, CMEBuzzTM, pay-per-click advertisements, links, insertion code, and any JBN logos or other elements supplied by JBN for use on Affiliates' websites or websites co-branded by JBN and Affiliate. Affiliates include the party publishing the results and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this AAUP.
2. Restricted Websites. Program Elements may not be published on, or linked by Affiliate from, any website that: (a) is under construction, incomplete or non-functioning; (b) is predominantly in languages other than English; (c) contains material that infringes or misappropriates the rights, including copyright, of others; (d) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (e) promotes spam; or (f) is in violation of any applicable law, or promotes any illegal goods, services or activities; or (g) engages in any other activities, whether lawful or unlawful, that JBN determines are harmful to JBN's reputation, goodwill, other affiliates, customers or operations.
3. Location and Delivery of Program Elements: Affiliate shall not serve: (i) more than one Program Element on any single Web page without prior authorization in writing from JBN; (ii) any Program Element on a Web page that does not contain substantial content other than the CMEBuzz.com itself; or (iii) any Program Element on a page published specifically for the purpose of showing ads, irrespective of the page content. Affiliate shall not serve Program Elements on, or link to web pages that contain Program Elements from, any: (a) downloadable software application without the written consent of JBN; (b) software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation; (c) Web site that is not directly controlled by Affiliate; (d) Web site that also contains other advertisements or services from any search engine for courses that directly competes with JBN; or (e) newsgroups, message boards, emails, link farms, counters, chatrooms, guestbooks, domain parking websites, pop-ups or pop-unders. Any use of JBN's XML Application Programming Interface ('API') by Affiliate shall be solely in accordance with the guidelines stipulated by JBN for use of the API which may include informational requirements, or restrictions on sizes of requests, frequency, and query complexity.
4. Prohibited Activities. Affiliate shall not:(a) modify the Program Elements without written consent from JBN; (b) place notices in proximity to any Program Element to encourage or require users to click on or use the services (Affiliates may, however, state: 'click here to visit our sponsor' or 'to visit our advertiser, click here'); (c) label Program Elements with text other than 'powered by Job Buzz Network' or 'ads by Course Buzz Network' or include any text in proximity to the Program Elements that could be confused with, or be associated with Program Elements; (d) use deceptive or unnatural means to draw attention to or incite clicks or use of Program Elements; (e) require users to click on a Program Element prior to entering an Affiliate website or any area therein or provide incentives of any nature to encourage or require users to click on or otherwise use Program Elements; (f) engage in any method to artificially and/or fraudulently inflate the volume of impressions or clicks associated with Program Elements or other sponsored advertising, including but not limited to: repeated manual clicks; the use of robots or other automated query tools and/or computer-generated search requests; automatic redirecting of users; using pop-up windows or any other technique of generating automatic or fraudulent (as determined by JBN, acting reasonably, based on industry practices) click-throughs and/or impressions; (g) use frames, or otherwise alter the user experience, when a user clicks through to another website from the JBN job search results; (h) redistribute the course search results or any part thereof to any third party, other than the provision of the job search results on Affiliate's website to the end users of that website that generated it; or (i) store any course search content.
5. Passwords, API Keys and Other Security Devices. If JBN provides an Affiliate with a password, API key or other security device to obtain access to Program Elements or any non-public area of JBN's web site or system, that Affiliate shall maintain the confidentiality of that password, API key or other security device, not share it or access to any such non-public areas with any third party, or use it for any unauthorized purpose.
6. Course Search Content. JBN reserves the right in its sole discretion to determine whether to exclude certain course content from the search results provided to Affiliates, including, without limitation, if the course publisher specifically requests exclusion.
7. Delivery of Program Elements. Affiliate agrees to comply with the specifications provided by JBN from time to time to enable proper delivery, display, tracking and reporting of Program Elements.
8. Cooperation with JBN and Authorities. JBN will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity, including, but not limited to, fraudulently inflate the volume of impressions or clicks. Affiliate shall cooperate with JBN in any corrective action that JBN deems necessary to correct and prevent impermissible use of the Program Elements, including without limitation, providing JBN with all information necessary to investigate the suspected violation.
9. Modifications to this Policy. JBN reserves the right to modify this AAUP at any time, as it deems appropriate in its sole discretion, effective 30 days after notification of Affiliate that the AAUP has been modified.
Job Buzz Network Privacy Policy
This Privacy Policy explains the collection, use, and disclosure of Personal Information through our web site. "Personal Information" means information that would allow a party to contact you, including, for example, your full name, address, telephone number, or email address.
Submitted Information. We collect Personal Information about you when you submit information or requests to us (through this website or otherwise). We use your submitted information to send you emails that you have requested, and for administrative purposes (such as to notify you about changes to this Privacy Policy). In emails we send you, we provide a method to unsubscribe from future emails.
Browsing Information. When you use the JBN site, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your "IP address") about your activities while visiting the site, including the web pages you view and the times you view them and information about the browser you are using. We do not link browsing information to the Personal Information you submit to us; we use this browsing information to personalize aspects of your search experience (such as enabling you to save your search location on your PC) and for internal purposes such as to help understand how the site is being used and to improve it, and for systems administration purposes. An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP address probably varies from session to session.
Disclosure of Personal Information. Although we may disclose aggregated information about the use of our site, that information does not contain Personal Information. We do not disclose Personal Information to third parties in the normal course of operations. Under certain circumstances, however, we could be legally obligated to disclose information to the government or other third parties and if JBN becomes part of another organization, that organization will possess the Personal Information collected by JBN and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
Security. JBN has implemented and follows industry standard measures to protect against unauthorized access to and unlawful interception or processing of Personal Information. However, no internet site can fully eliminate security risks.
Questions? If you have questions about this Privacy Policy, please contact us at info@coursebuzz.com.
We hope this policy clarifies our procedures regarding your Personal Information. We may amend this policy at any time by sending the amended policy to the email address you provided to us or by posting the amended policy on our site.
This Privacy Policy includes material from Creative Commons