This website page states the Terms and Conditions under which You (User, Your) may use Resumark.com (the Site, Website, Web site). Please read these terms and conditions, carefully, and if you do not accept them, do not use this Website or Service.
By using the Site, you are indicating your acceptance to be bound by these Terms and Conditions. Resumark.com may revise these Terms and Conditions at any time by updating this document, and you should visit this page periodically to review the Terms and Conditions, because they are binding on you.
The term "you" refers to all individuals and/or entities accessing this Website for any reason. If you are an employer using this website, you may have entered into a Sales and Service Agreement with Resumark.com, in which case these Terms and Conditions, are part of and incorporated into that Sales and Service Agreement.
These Terms and Conditions are effective as of January 5, 2008.
2 Binding Agreement
THESE TERMS AND CONDITIONS FORM A BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND RESUMARK, INC. YOUR ACCESS TO OR USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOU ARE AGREEING TO USE THE SITE AT YOUR OWN RISK.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT USE (OR PLAN, ENCOURAGE OR HELP OTHERS TO USE) THE SITE FOR ANY PURPOSE OR IN ANY MANNER THAT IS PROHIBITED BY THESE TERMS AND CONDITIONS OR BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SITE COMPLIES WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS.
The following definitions apply to this Agreement:
1. “Resumark.com”, “Website”, “Web Site”, “Site” includes www.resumark.com in entirety and its related websites owned or operated by Resumark, Inc., and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
2. “Resumark”, “We”, “Us”, “Our”, “Company” means Resumark, Inc., an Illinois corporation operating “Resumark.com”.
3. "You", "Your" means the individual or entity that is agreeing to these Terms and Conditions.
4. “User” means any individual or entity that uses any aspect of the Site.
5. “Resume” (also known as “C.V.”, “CV” or “Curriculum Vitae”) means any file or document containing individual’s summary of academic and professional history and achievements as well as qualifications, skills, and background that represent individual’s education and professional experiences in terms relevant to the employment marketplace
6. “Resume Owner” means any User that can have a Resume in their possession, whether uploaded or not uploaded to the Site.
7. “Employer” or “Recruiter” means any individual or entity that is accessing the Site to search and/or download resumes or for any reason related to the purpose of seeking candidates for employment.
8. “Job Seekers” means “Resume Owner” or “User” that is interested in exploring employment opportunities.
9. “Services” means any services provided by Resumark.com.
10. “Content” includes all “Text”, “Graphics”, “Design”, “Documents”, “Profiles”, and “Programming” used on the Site.
10.1. “Text” includes all and any text on every page of the Site (whether instructional, navigational or editorial).
10.2. “Graphics” includes all images, logos, icons, buttons, and any other graphical elements on the Site, with the exception of paid advertising banners.
10.3. “Design” includes use of color combinations, Graphics and Text, and the layout of all pages of the Site.
10.4. “Documents” includes any files (including but not limited to Resume files) uploaded to or downloadable from the Site.
10.5. “Profiles” includes any information on the Site that is uploaded or posted by Users of the Site (including but not limited to name, contact information, Resume, images, and any postings).
11. “Concepts” includes all business and technical ideas, patents (including provisional patents), processes and methodologies used on the Site. Including but not limited to the concept of paying Resume Owners for their Resume.
12. “Registration”, “Registering” is the process in which a User uploads their Resume to the Site or submits the Registration form located at: https://www.resumark.com/post_resume.html or http://www.resumark.com/employer_registration.html or any other location on the Site.
13. “Affiliate Program” means a profit sharing program designed to promote Resumark.com and compensate participating Users, Resume Owners or Employers for their referrals.
14. “Affiliate” means any User participating in the Affiliate Program.
15. “Affiliate Links”, “Links” mean graphics, buttons, banners, and text links which serve to identify Affiliate’s site as a member of our Affiliate Program and shall establish a link from Affiliate’s site to Resumark.com.
16. “Affiliate Payment” means any commissions or referral fees earned by an Affiliate.
17. “Qualifying Purchase” means a complete, successful, confirmed and valid purchase of Download Credits by an Employer or a paying User of the Site.
18. “Qualifying Download” means a complete, successful, confirmed and valid single Resume download by an Employer or a User of the Site that has been paid for through a Qualifying Purchase
19. “Qualifying Commission” means a commission payable to an Affiliate for a Qualifying Download.
20. “Qualifying Referral” means another User (with a complete, successful and confirmed Registration) that was invited by an Affiliate by e-mailing or providing them with an Invitation Code or by referring them through an Affiliate Link.
Resumark.com is a system designed to allow people to upload their resume to the Website, and then to allow employers to search our database of resumes. This happens every day at Job Sites that you already know.
The main differences with Resumark.com are:
• Searching is done using Google™ search technology.
• Employers only pay for the resumes they choose to download from viewing the search results.
• We offer a global service. Google™ search technology works in 28 languages.
• We pay people (in $US) who have uploaded their resume when an employer pays to download their resume, or when an employer pays to download the resume of a person they have referred successfully to our system.
• The price paid to download resumes is as low as $3 each, so it is inexpensive for employers to use the system. Though the minimum deposit for download credits is $50, this is a much lower initial cost than charged by other job sites.
5 Ownership and Proprietary Notes
© 2008 Resumark, Inc. All Rights Reserved.
The Site, including all Content, is the property of Resumark, Inc. No portion of the Content (including but not limited to Text, Graphics, Design, Documents, Profiles, Concepts, and Programming) used anywhere on the Site may be transfered, sold, reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of Resumark, Inc.
“Resumark®”, “Resumark.com®” are registered service marks of Resumark, Inc.
“Buy my Resume™”, “Purchase my Resume™”, “Get Paid for Your Resume™”, “Search Resumes for Free™”, “Resumarks™” are owned by Resumark Inc. and are pending registration in the United States.
Google™ is registered trademark of Google Inc. “Resumark.com” is not affiliated with, sponsored, or endorsed by Google™, other than the use of “Google™ Search technology”.
All other trademarks and/or service marks used one this Site are the trademarks and/or service marks of their respective owners.
The Site is owned and operated by Resumark Inc in conjunction with others pursuant to contractual arrangements. Unauthorized use of the Site or Content on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire or seek to acquire any ownership rights by using the Site.
You must be 18 (eighteen) years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Resumark.com in any manner. By visiting Resumark.com or accepting these Terms and Conditions, You represent and warrant to Resumark that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms and Conditions. You also represent and warrant to Resumark that You will use Resumark.com in a manner consistent with any and all applicable laws and regulations.
7 Use of the Site and Content
7.1 Use of Site Content
We permit you to view and access a single copy of the content available on or from Resumark.com solely for your personal, non-commercial use, unless otherwise specified.
Content of the website, such as Text, Graphics, Images, Documents, Logos, Buttons, and any other Web Site content, are protected under United States and international copyright, trademark and other laws. All content on this Site is the property of Resumark Inc, or its content suppliers or licensors. The arrangement of all content on the site is also the exclusive property of the Company and protected by U.S. and international copyright laws.
Unauthorized use of the Web Site Content may violate copyright or trademark or both, and you must retain all copyright, trademark, service-mark, and other proprietary notices contained in the original content on any copy you make of the Website Content.
You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. Use of the Content on any other web site or in another environment (including but not limited to any networked computer environment) for any purpose is prohibited, unless expressly permitted in writing by us.
7.2 Permitted Site Uses
7.2.1 General Rules
Resumark.com hereby grants you limited, terminable and non-exclusive right to use the Site for information purposes as long as you adhere to these Terms and Conditions. However, to make use of the site as a Resume Owner (for the purpose of finding work as a job seeker) or as an Employer (for the purpose of finding workers), you must Register. Resume Owners and Employers may register free of charge. You will not be regarded as, or have the privileges of, a member until and unless you receive an E-mail or other written communication from us confirming your registration and acceptance, and your payment, if required as an Employer, has been received in full.
You may not use any part of the Site in order to modify, sell, transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You may not use the Site or the Content on the Site in any way for any private, public or commercial purpose, in connection with products or services that are not those of Resumark.com, in any other manner that is likely to cause confusion, that disparages or discredits Resumark, dilutes the strength of property of Resumark, or that otherwise infringes intellectual property rights or Resumark.
Resumark.com reserves the right to limit the amount of data and set download quotas (including Resume downloads) that may be accessed by You in any given time period. These quotas may be amended in Resumark’s sole discretion at any time.
7.2.2 Security Rules
You must not, directly or indirectly, violate or attempt to violate the security of our Site. Such activity includes, but is not limited to:
1. Accessing or attempting to access data not intended for you, logging into a server or account which you are not authorized to access, or attempting to obtain such access by any known or unknown method.
2. Attempting to purchase or making any purchases with stolen or fraudulent credit card or contact information and without a proper authorization from the credit card holder.
3. Attempting to probe, scan, decrypt or test the vulnerability of a system or network or to breach security, encryption or authentication measures without proper authorization.
4. Interfering or attempting to interfere in any way with any User or service to any User or entity using Resumark, by any means, known and unknown, including but not limited to viruses, spamming, probing, and ‘phishing’ techniques.
5. Forging or attempting to forge any TCP/IP packet header or any part of the header information used in any services of the Website.
Such violations of security may result in civil or criminal liability to you. We will investigate actual and potential violations of our site security and may summon and cooperate with law enforcement authorities (including the FBI) in prosecuting anyone involved in such violations of our security.
7.3 Specific Prohibited Uses
Resumark.com may be used only for information purposes to general users and for lawful purposes by Users (individuals seeking employment and employers seeking employees). We specifically prohibit, and you agree not to use the Site for any of the following:
1. Posting or uploading any incomplete, false, misleading, deceptive or inaccurate content, contact, biographical or autobiographical information, or any information which is not your own, for any purposes.
2. Recruiting for any arrangement or opportunity which requires up-front or periodic payment from another party, constitutes recruitment for a franchise or pyramid-type arrangement, or pays commissions only (unless clearly represented as such), or requires recruitment of others of our members, sub-distributors or sub-agents, or constitutes recruitment for modeling or related activity.
3. Using the Site database of Resumes for any purpose other than as an Employer looking for Job Seekers. This includes, but is not limited to using the database information to sell, or solicit for, any other products or services, or attempting to contact Resume Owners or any party for gathering of information for any other purpose than as an Employer looking for Job Seekers.
4. Sending unsolicited or irrelevant mail, e-mail, and faxes, or making unsolicited or irrelevant phone calls. Resume Owners consent to being approached by employers who find them via a search of our database, but only using the information provided by and in the Resume Owner’s Resume. Contact after this initial approach, by whatever means, must be with the mutual consent of Resume Owner and Employer.
5. Deleting or revising any material or Content posted by any other person or entity.
6. Posting or uploading any information on the Site for any competitor of Resumark.com or post or upload any information or other content that contains links to any site competitive with Resumark.com.
7. Posting or uploading any information or content on Resumark.com that contains hyperlinks other than hyperlinks to the User’s personal site(s) or sites relevant to the Resume Owner’s Resume (such as websites for employer, educational institutions or individual’s portfolio)
8. Attempting or use of any tactics, methods or techniques to affect Resume search results or its visibility in search results on Resumark.com.
9. Using any means whatsoever to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the site, or taking any action which imposes an unreasonable or disproportionately large load on our Site's infrastructure.
10. Disclosing to or sharing any membership password with anybody, or using the password for any unauthorized purpose.
11. Notwithstanding anything to the contrary contained herein, using or attempting to use any device or software (including but not limited to scripts, browsers, spiders, robots, avatars or intelligent agents) to automatically search, ‘crawl’, index, parse, or navigate the site, other than our own inbuilt search engine using recognized browsers, or unless you are a recognized and legitimate search engine, such as those owned and operated by Yahoo®, Google™ or MSN®, whose purpose is to ‘crawl’ and index the site for the purpose of listing and ranking the site in their search engine. Whether or not a search engine meets these criteria will be determined by us in our sole discretion. We specifically forbid any use of software or hardware designed to automatically collect and extract information from Resumark.com (including but not limited to Website Content or any information contained in Resumes).
12. Attempting to reverse engineer, decompile or disassemble, by any means, any of the Programming, Concepts or mechanisms comprising or in any way making up the Site.
13. Collecting or copying, in any manner, any of the Website Content or information available from the Site.
8 User Registration and Information
8.1 Quality of Information
Each Job Seeker Profile or Resume made available to Employers through Resumark.com is on an “as is” basis. Resumark does not evaluate the individual, but rather relies on the honesty of that individual. Each employer should, therefore, take steps to evaluate the Job Seeker, using his/her own specific employment criteria. Similarly, Resumark cannot warrant that an Employer is who he or she claims to be. However, information about both employers and job seekers is collected at time of registration and can be retrieved if the information is relevant to a legal proceeding.
8.2 User Submissions
You are responsible for your own communications and are responsible for the consequences of their posting on the Site. You must not, and by using the Site you agree not to: post material that is the intellectual property or trade secret of somebody else, unless you can show that you have permission from that person to do so; post anything that infringes the privacy of others; post anything that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic; post a sexually explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; post material that contains viruses, or any variation of what are commonly called viruses, designed or intended to damage or interfere with the normal operation of the site, system, or the content or information on the Site, or on the systems of other users of the site.
8.2.1 Quality of Submissions
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by you or other users, or endorse any opinions expressed by users. You acknowledge that if you rely on material or information posted by others, you do so at your own risk.
The Company acts as a passive connection for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. However, whether notified by a user, or by anybody else, the Company reserves the right to take any action it deems necessary or appropriate, in its sole discretion, to protect itself and users from violation of the law or the terms governing communications and information, including but not limited to removal of communication or expulsion of users.
8.2.2 License of Submissions
By submitting a transmission or any content (including but not limited to your Resume) to any part of the Site, you grant us complete, perpetual, royalty and fee-free non-exclusive rights to that transmission, and license to use that submission or any part of it in any manner we deem suitable, appropriate or necessary. You also warrant that anybody holding rights in that submission has effectively waived those rights in their entirety and has granted you the right to grant the foregoing license to us, and permission for the submission to be viewed by anybody who happens to see the submission. Subject to these foregoing terms, however, the owner of such a submission retains any and all rights in it.
8.2.3 Hyperlinks & Keywords
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the Website, or are otherwise misleading, are prohibited.
8.2.4 Feedback and Inventions
Whilst we appreciate feedback, we do not accept suggestions or inventions, unless we have specifically asked for them as evidenced by an official company purchase order or other communication. If you insist, in spite of this, on sending us your ideas or any material, the whole of that submission becomes our property, to use or publish as we wish, within our complete discretion, and without any obligation of confidence, non-disclosure, or compensation to anybody.
8.3 Registration and Passwords
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND PASSWORD. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ALL USES OF YOUR REGISTRATION AND ANY AND ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, AND YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR REGISTRATION OR PASSWORD BY SENDING AN E-MAIL TO SECURITY [AT] RESUMARK[DOT]COM.
9 Affiliate Program
Affiliate Program from Resumark.com is a profit sharing program designed to promote Resumark.com and compensate participating Users, Resume Owners and Employers for their participation and/or their referrals. By Registering on the Site or uploading your Resume, you automatically agree to enroll in the Affiliate Program. Any commission (without exceptions) from Resumark.com, whether advertised or mentioned on the Site, and payable to you, is subject to these Terms and Conditions.
9.1 Enrolling in the Affiliate Program
There is no separate application, form or signup process for the Affiliate Program. All Resume Owners and Employers are automatically enrolled in the Affiliate Program and are subject to these Terms and Conditions regardless of whether they participate or are willing to participate in the Affiliate Program. By accepting this Agreement and participating in the Program, you acknowledge that you are age 18 or above.
9.2 Relationship and Termination
If, at any time, we discover that you are using the Affiliate Program with us for any reason other than as mutually intended under this Agreement, your relationship with us may be immediately terminated without prior notice and we reserve the right (without limiting any other rights or remedies available to us) to withhold any fees or compensation otherwise payable to you under this Agreement.
We may also terminate you from the Affiliate Program and withhold any fees otherwise payable to you under this Agreement, if we determine (in our sole discretion) that your website, materials submitted by you (including you Resume) or your conduct are unsuitable for our Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, misleading, false, deceiving, inaccurate, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable.
If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.
9.3 Payment Determination & Rules
“Qualifying Purchase” means a complete, successful, confirmed and valid purchase of download credits by an Employer or a paying User of the Site. Any purchase that is withdrawn, disputed or otherwise voided by the payee or any other party cannot be considered a “Qualifying Purchase”. Final determination of whether each purchase is considered a “Qualifying Purchase” is at sole discretion of Resumark.
“Qualifying Download” means a complete, successful, confirmed and valid single Resume download by an Employer or a paying User of the Site that has been paid for through a Qualifying Purchase. Any download that is withdrawn, disputed or otherwise voided by the payee or any other party cannot be considered a Qualifying Download. Furthermore, any download (whether successful, complete, valid or not) that is paid for through a purchase that is not a Qualifying Purchase, cannot be considered a Qualifying Download. There can only be one Qualifying Download for each Resume downloaded by each Employer. In other words, the same Employer repeatedly downloading the same Resume will NOT result in additional Qualifying Downloads. However, the same Resume can be downloaded by multiple Employers, with each Employer’s download resulting in a separate Qualifying Download. Final determination of whether each Resume download is considered a “Qualifying Download” is at sole discretion of Resumark.
“Qualifying Commission” means a commission payable to Affiliate for a Qualifying Download. Qualifying Commissions can be of several types and amounts as described in Section 9.4.
“Qualifying Referral” means another User (with a complete, successful and confirmed Registration) that was invited by an Affiliate by e-mailing or providing them with an Invitation Code or by referring them through an Affiliate Link. Any Registrations that are not successful, that are incomplete or invalid, or any Invitations or Referrals that are not properly documented, recorded and assigned by Resumark.com, can not result in Qualifying Referrals. Final determination of whether each Registration is considered a “Qualifying Referral” is at sole discretion of Resumark.
All Affiliate Payments are calculated as sums of Affiliate’s Qualifying Commissions resulting from Qualifying Downloads.
9.4 Qualifying Commission Schedule
The following Qualifying Commission types and amounts are currently in effect:
1. Affiliate is entitled to 1 USD (one U.S dollar) for each Qualifying Download of their own Resume.
2. Affiliate is entitled to 0.50 USD (1/2 of a U.S. dollar) for each Qualifying Download of a Qualifying Referral’s Resume.
4. Affiliate is entitled to 0.15 USD (15/100 of a U.S. dollar) for each Qualifying Download performed by a Qualifying Referral.
We reserve the right to change these Qualifying Commission types and amounts at our sole discretion and at any time without any prior notification to anyone.
9.5 Affiliate Payments
You may request an Affiliate Payment issued to you when the total fee payment(s) due to you exceeds the specified minimum payout level (currently set at 30 USD (thirty U.S. dollars)). Please note that due to the fact that you may optionally convert your affiliate payment to download credits, no payments will be automatically sent to you until you request a withdrawal. You must request a withdrawal from My Balance section under the My Account area of Resumark.com to receive any payment from Resumark.com.
You may choose to receive the payment through a check, wire transfer or PayPal™, depending on your preference and availability (subject to change). We reserve the right to offer only certain withdrawal types for certain Affiliates at our discretion. Please note that there may also be fees (subtracted from the affiliate payment and subject to change without notice) associated with each withdrawal type. Current fees are set to the following:
1. PayPal™ - Free (may be subject to fees from PayPal)
2. Domestic check (mailed to a recipient in the U.S) - $3
3. International check (mailed to a recipient outside of the U.S) - $5
4. Domestic wire transfer (sent to a recipient in the U.S) - $8
5. International wire transfer (sent to a recipient outside of the U.S) - $20
By choosing a withdrawal type you may be required to provide us with additional information, such as PayPal™ account or bank routing and account information. We reserve the right to change these withdrawal types and corresponding fees at our sole discretion and at any time without any prior notification to anyone.
Requested payments shall be sent approximately fifteen (15) business days after the request is received and shall be paid in U.S. dollars only. If we determine, in our sole discretion, that you have breached this Agreement, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Payments otherwise payable to you under this Agreement. As a condition to Affiliate Payment issued to you, you must provide us will all information reasonably necessary for us to process payments to you in accordance with any and all applicable laws and regulations. This includes, but is not limited to your tax identification number (for businesses located in the U.S.) or social security number (for individuals located in the U.S.). Without such information issuance of your Affiliate Payments may be delayed until such information is received.
9.6 Affiliate Guidelines and Obligations
1. You shall be entitled to earn Affiliate Payments subject by rules and guidelines set in Section 9.3 and in the amounts set in 9.4.
2. You shall not use unsolicited commercial e-mail (“SPAM”) to promote Resumark.com, your Resume, Invite other Resume Owners (Friends) or Employers, feature Affiliate Links or make any reference, link or notion whatsoever to Resumark.com. Your use of Resumark.com constitutes your specific and unconditional agreement to abide by this anti-spam policy. When inviting other Resume Owners (Friends) or Employers, you may invite only people that you know and only with their consent. You may not forge any e-mail headers in relation to any e-mail related to Resumark.com. Use of any mailing lists, whether purchased or created, compiled by means of automated tools is strictly prohibited.
3. You shall not make any use of any Affiliate Links or any other materials obtained from Resumark.com for any purpose other than promoting Resumark.com. You agree not to use the Affiliate Links or any other materials obtained from Resumark.com in any manner that is disparaging or that otherwise portrays Resumark.com in a negative light
4. You may not register, own or transfer any domain names containing “Resumark” or any other Trademarks of Resumark, Inc., including any form of our trademarks or variation or misspelling thereof and also in connection with foreign country or other domain extensions, or any form that is confusingly similar. You are also strictly prohibited from registering, owning or transferring domain names that are variations of Resumark Inc’s trademarks: for example "resumark-com", "resu-mark", "resmark", "resu_mark", "wwwresumark", "ww.resumark", etc. Any such attempt will be considered as an infringement on Resumark Inc trademarks.
5. You may not register the words “Resumark”, “Resumark.com” or any other Trademarks of Service marks of Resumark, Inc, or any variations thereof for use in any search engine, portal, advertising service or similar services service. You may not purchase or register search engine keywords, Google™ AdWords™, search terms or other identifying terms that include the word “Resumark”, “Resumark.com” or any other Trademarks of Service marks of Resumark, Inc, or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
6. You shall not in any way alter, redirect, suppress, or substitute the operation of any Website Content (text, image, button, link, or any other element or feature) of Resumark.com.
7. You shall not create, alter, imitate, emulate, or overwrite any referral tracking cookie on a user’s computer unless it is the direct result of a click, on an Affiliate Link to the Resumark.com site. You shall not create, alter, imitate, emulate, or overwrite tracking cookie on a consumer’s computer through the means of automatically popping up the Resumark.com site, through the use of “iframes”, “Frames” nor through any other method, other than through a direct consumer-initiated click, on an Affiliate Link to the Resumark.com site.
8. Except as allowed by the Terms of this Agreement, you shall not post or serve any advertisements or promotional content around or in conjunction with the display of Affiliate Links to our site (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action.
9. You grant to us a non-exclusive license to use or display your names, titles, and logos, in our advertising, marketing, promotional and publicity activities; provided, however, that we shall not be required to so advertise, market, promote, or publicize.
10. You shall not use any software, hardware or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Resumark.com by any other person or entity.
11. You shall not use any software, hardware or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a World Wide Web user’s access, view or usage of, or other aspect of such user’s experience at any Affiliate’s website in a manner that causes or otherwise results in a different experience from what was otherwise intended by such Affiliate. You shall not take any action that could reasonably cause any confusion to the user as to what website transactions or actions are occurring.
12. You shall be solely responsible for the development, operation, and maintenance of your website and for all content and materials that appear on your site. Such responsibilities include, but are not limited to: (1) hosting and the technical operation of your site and all related equipment; (2) creating and posting product descriptions, and references on your site and linking those descriptions to our site; (3) the accuracy and propriety of materials posted on your site; and (4) ensuring that materials posted on your site do not violate or infringe upon, without limitation, the copyrights, trademarks, privacy or other personal or proprietary rights of any third party. Your site shall not (i) violate or infringe upon the rights of any third party, (ii) be libelous, (iii) advocate or promote sexually explicit material, (iv) advocate or promote violence, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (vi) otherwise be illegal.
13. We disclaim all liability for all development, operational, maintenance and content matters related to your site. Further, you shall indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site
14. If we determine, at our sole discretion, that you have or attempted to engage in any of the activities violating this Agreement, we reserve the right (without limiting any other rights or remedies available to us) to terminate your User account, remove your Resume and withhold any Affiliate Payments otherwise payable to you under this Agreement and/or terminate this Agreement immediately without prior notice. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.
9.7 Our Responsibilities
We shall be responsible for providing all information and tools for you to upload your Resume, Invite other Resume Owners (Friends) and Employers, as well as setup Affiliate Links from your site to Resumark.com. We shall be solely responsible for processing every Qualifying Purchase and Download and for tracking Qualifying Referrals and Qualifying Commissions resulting from your Affiliate activity. We shall be responsible for payment processing, refunds, and related customer service.
9.8 Reports of Downloads
As an active Affiliate, you may view your Qualifying Commissions resulting from Qualifying Downloads under the My Statistics section of the My Account area.
9.9 Affiliate Links
We shall make available to you (the Affiliate) a variety of graphics, buttons, banners, and text link, which, subject to these Terms and Conditions hereof, you may display on your website. These Affiliate Links (graphics, buttons, banners, and text links) shall serve to identify your site as a member of our Affiliate Program and shall establish a link from another site to Resumark.com. In utilizing the Affiliate Links, you agree that you shall abide by all of our guidelines and policies and cooperate fully with us in order to establish and maintain such Affiliate Links.
9.9.1 Promotion through Affiliate Links
You also agree that you shall display on your website only those Affiliate Links that are provided by us and you shall substitute such any Affiliate Links as directed by us with any other Affiliate Links provided by us from time to time throughout the term of this Agreement.
9.9.2 License to Use Affiliate Links
All Affiliate Links provided to Affiliates are the property of Resumark and are protected by United States and international copyright laws. You may not use any Affiliate Link in any way that exceeds the limited license granted to you. This limited license allows you to use the Affiliate Links solely for the purpose of creating links connecting another website to Resumark.com and promoting Resumark.com or our services. This means, among other things, that you may not:
1. Alter, modify or manipulate any link or image;
2. Use an image in any form other than the form provided by us;
3. Remove any code or identifying information from any image;
4. Remove the link associated with any image or cause the image to ultimately link to a destination other that Resumark.com.
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE RESUMARK TRADEMARKS AND LOGOS AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY IN THE FORM(S) AS PROVIDED BY RESUMARK.COM ) (COLLECTIVELY, THE “RESUMARK’S LICENSED MATERIALS”), FOR THE SOLE PURPOSE OF PROMOTING RESUMARK.COM PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY, OR CHANGE RESUMARK’S LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS IF YOU ARE A MEMBER IN GOOD STANDING OF OUR AFFILIATE PROGRAM.
The rights granted to you by Resumark herein do not constitute any assignment of ownership or other transfer to you of ownership interests therein or in any property of Resumark, including without limitation, any domain name, Website or in any intellectual property of Resumark. At no time during or after the term of this Agreement shall you challenge or assist others to challenge any Resumark trademark, service mark, logo, or slogan (except to the extent expressly prohibited by applicable law) or the registration thereof or attempt to register any trademarks, marks, domain names, or trade names confusingly similar to any Resumark Inc trademark, logo, or service mark.
9.10 Policies and Pricing
Employers as well as Resume Owners that Register at our site through the Affiliate Program, shall be deemed to be customers of Resumark.com. Accordingly, all of our Terms & Conditions, rules, policies, and operating procedures concerning customers, our services, and our pricing shall apply to those customers. We may change our policies and operating procedures at any time and without any notice to Affiliates. For example, we, in our sole discretion, shall determine the prices to be charged for Resume downloads in accordance with our own pricing policies.
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our prior written consent.
9.12 Contributions to Charities and Schools
When you make a successful withdrawal for any qualifying amount, Resumark.com will contribute up to 10% of the amount for every Qualifying Download of your Resume since your last withdrawal, to a charity or a school of your choice. You may choose such school or charity at the time of the withdrawal.
Resumark.com makes all donations on a quarterly basis (during the first month of each calendar quarter) to the schools and charities that accumulated no less than $200 (two hundred U.S. dollars) in total contributions to them during the quarter. In case total contributions are less than this minimum, the entire amount will be added to the next quarter’s contribution, until the minimum is reached.
All charities and schools must be registered with Resumark.com before they can be chosen by you and before a contribution can take place. All schools must be educational institutions with a valid U.S. accreditation and can register at
http://www.resumark.com/affiliate_programs/donate_to_schools.html. All charities must be U.S. non-profit organization and can register with Resumark.com at http://www.resumark.com/affiliate_programs/donate_to_charity.html.
10 Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. When Resumark publishes material on our Site, which has not been written by us, we always attempt to locate and contact the copyright owner to ask his or her permission to publish. If that is not possible, because the piece carries no copyright or does not identify or suggest a means to contact the copyright owner, we may publish the material or provide a link to the material, on the basis that the Internet is an information source, and we are providing information to a user. Access to our information is free and no profit is derived from that publication. The purpose of the publication is to inform, educate and sometimes to comment upon it.
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing the copyright;
3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
7. If we find that we have indeed infringed copyright, our liability in such a case will be limited to removal of the copyrighted material from our site.
Andrew Kucheriavy has been designated as our agent to receive notices of claims of copyright infringement on our web site. You can contact Andrew as follows by e-mail at: security[at]Resumark[dot]com or by mail at 175 E. Hawthorn Pkwy, Suite 401, Vernon Hills, IL 60061.
10.1 Policy Regarding Violators of DMCA
Resumark respects the intellectual property of others, and we ask you to do the same. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We reserve the right, at our discretion and without notice or liability for loss of use, to terminate at any time the account of, withhold any Affiliate Payments, and block access to our Site for any users who infringe the copyrights, or other intellectual property rights, of others.
11 Limitation of Liability
Resumark.com is a Resume search Website. We are a Website where Employers can search for potential Job Seekers, and Job Seekers or Resume Owners can make themselves available for interview and work. We do not actively screen or censor information, nor are we involved in the transaction between Employer and Job Seeker after our system has matched the requirements. We sell access to Resumes for the purpose of facilitating online introductions between employers with open positions and job seekers, based on resume information provided. As a result, the Company has no control over the quality, safety or legality of the positions offered by Employers, the truth or accuracy of Resumes, the ability of Employers to offer job opportunities, or the ability of any Job Seeker to fill open job opportunities, and specifically disclaims any such warranties and/or representations in this regard. In addition, note that there are inherent risks of dealing with strangers. You assume all risks associated with dealing with other users with whom you come into contact through the Site.
Resumark.com cannot and does not confirm that each user is who they claim to be, and does not involve itself in dealings between you and others, nor can it control the behavior of users. In the event that you have a dispute with one or more Users, you release the Company, its officers, agents and employees from claims, demands and damages of any and every kind and nature, arising out of, or in any way connected with such disputes and/or the use of the site generally. If you are resident somewhere that does not permit a company to exclude such claims, demands and damages, by Statute, Code, or Common Law, then you should leave this Website. If you use the Site, despite this term, you waive the benefit to you or anybody else of such Statute or Code.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available to you through the Site. Other people's information may be offensive, harmful, inaccurate, mislabeled, or deceptively labeled.
We expect that you will use caution and common sense when using the Site.
The Website Content may contain inaccuracies or errors or various types. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Site or its Content. The use of the Site and its Content is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.
You acknowledge and agree that you are solely responsible for what you transmit on, to, or through the Site.
The Company is not to be considered to be an Employer with respect to your use of Resumark and we shall not be responsible for any employment decisions made, for whatever reason, by any entity. Consequently, Resumark does not charge employers or job seekers in the event that an employment decision (a hire) is made.
NEITHER RESUMARK NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND WHETHER OR NOT THE COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
11.1 Links to Other Sites
The Website may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents or accuracy of such sites. If you decide to access linked third party Web sites, you do so at entirely your own risk. At no time shall Resumark be responsible for content on these third-party websites.
11.2 No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms, or make any unauthorized use, commercial or otherwise, of the Site.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THE CONTENT ON THE WEBSITE (INCLUDING RESUMES) ARE FREE OF COMPUTER VIRUSES, TROJANS, WORMS, OR ANY OTHER HARMFUL MECHANISMS. YOU MAY DOWNLOAD RESUMES TO YOUR COMPUTER, SERVER, NETWORK OR MEDIA SOLELY AT YOUR OWN RISK. IF YOUR USE OF THE SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, RESUMES, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
These Terms and Conditions will remain in full force and effect while You are a User of Resumark.com. Even after You are no longer a User of Resumark.com, certain provisions of these Terms and Conditions will remain in effect, including Sections 5, 7, 8 and 9 through 24, inclusive.
We reserve the right, at our sole discretion, to pursue all possible legal remedies, including but not limited to termination of your account and your access to the Site and withholding of any and all Affiliate Payments , if you breach any of these Terms and Conditions, or if we are unable to authenticate any information that you submit to the site, which we choose to verify.
In case of termination, we reserve the right to freeze, block and ban the accounts of users who appear to be misusing our system. By agreeing to these Terms and Conditions, which is part of our sign-up process, you agree that we have discretion over how (and when) we pay out Affiliate Payments to users, and over whether the money has been legitimately earned by the user. In the case of what we deem to be misrepresentation, we reserve the right to confiscate funds from the user’s account, and to close the account with no further recourse due to the user.
You agree to defend, indemnify, and hold harmless Resumark, its officers, owners, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any material you provide to the Site, any Site Content that you use, or your breach of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and may choose, in its sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
16 Accounting for Profits
You covenant and agree that, if you shall violate any covenants or agreements in this Terms and Conditions agreement Resumark.com shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations or benefits which you directly or indirectly has realized and/or may realize as a result of, growing out of or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Resumark is or may be entitled at law or in equity or under this Agreement.
17 Burden and Benefit
In the event of breach of this Agreement, you understand that Resumark will pursue all legal recourse available to it against you, including but not limited to seeking injunctive relief, monetary damages and legal fees.
18 At Will
You acknowledge that your use of this Site is 'at will' and subject to applicable law. Nothing in this Agreement shall constitute a promise of relationship for any particular duration.
19 Governing Law
The Company makes no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries, under the laws of that country, or the laws of the United States. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Lake County, Illinois. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
20 Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
23 Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a User at any time.
24 Internet Disclaimer
Your connection to the Internet and our site requires access services from your local Internet Service Provider (ISP). Resumark is not responsible for your Internet connectivity. Please contact your provider for details if you have any questions regarding your connectivity
25 Legal Notices
Any notice required to be or otherwise given hereunder shall be sufficient if in writing, and sent by certified or registered mail, return receipt requested, first-class postage prepaid, as follows:
333 East Highway 83, Suite 201
Mundelein, IL 60060