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  PTsponsor.com Services Agreement for Job Postings
1. Services. 
  This agreement, including any exhibits, schedules and attachments (collectively the “Agreement”), is between your company or organization (“Customer”) and PTsponsor.com (“PTsponsor.com”). PTsponsor.com operates an internet-based interactive job posting and search service/career destination portal on PTsponsor.com. (the “Site”).  This Agreement contains terms and conditions applicable to the products and services (“Services”) provided by PTsponsor.com to Customer pursuant to the Post a Job order (the “Order”) you submitted. Customer shall use all Services provided hereunder solely for its own internal business purposes and shall not resell or transfer to any third party any Service. As part of the Services, Customer consents to receive by e-mail updates and announcements of PTsponsor.com services, Site enhancements, and special offers.
2. Term and Termination.
  The term (“Term”) of this Agreement will begin on the date Customer submits the Order (the “Effective Date”), and will end upon the expiration of one (1) year from the Effective Date, and except as otherwise provided below, may not be terminated by either party.  If Customer breaches any provision of this Agreement or the Site’s terms of use, PTsponsor.com may immediately suspend all Customer passwords and access codes until the breach is cured and if applicable, immediately remove any violative job postings.  If Customer’s breach is capable of being cured, Customer will have ten (10) days to cure such breach to PTsponsor.com’s reasonable satisfaction in order to have passwords and access codes restored.  If such breach is incapable of being cured or is not cured by Customer within the ten (10) day period, PTsponsor.com may: (a) terminate this Agreement and/or (b) pursue all other available remedies to enforce this Agreement and obtain payment of Fees (as defined below) due.  If Customer has committed two (2) breaches of the terms of this Agreement or the Site’s terms of use which have subsequently been cured, upon any additional breach by Customer, PTsponsor.com may immediately without further notice to Customer and without refund of any Fees paid terminate the Agreement.  If this Agreement is terminated for Customer’s uncured breach or for Customer’s multiple breaches of this Agreement whether cured or uncured, PTsponsor.com may accelerate all fees for Services and collect all of its costs and attorney fees related to the termination.  Either party may immediately terminate this Agreement if the other party (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of it or its assets, (ii) makes a general assignment for the benefit of creditors, (iii) has a petition seeking bankruptcy, reorganization or similar relief filed against it (which, if involuntary, is not stayed or dismissed within ninety (90) days of filing), or (iv) materially breaches this Agreement which breach is not cured within ten (10) days of notice thereof.   PTsponsor.com may terminate the Agreement upon notice if Customer fails to meet credit requirements established by PTsponsor.com from time to time.  Customer’s breach of this Agreement shall constitute a breach of any other agreement between PTsponsor.com and Customer or Customer’s affiliates.
3. Payment
  All amounts payable by Customer for the Services (“Fees”) are due within thirty (30) days after delivery of the PTsponsor.com invoice without deduction or setoff.  PTsponsor.com may, at its option, charge Customer interest of 1½% per month and collection charges on any Fees not paid when due.   Customer will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on PTsponsor.com’s net income) applicable to the Services.  Fees paid for Services are non-refundable.  Pricing after the expiration or termination of the Term of this Agreement shall be at the then-prevailing rates applicable thereto.
4. Job Postings
  PTsponsor.com will permit Customer to post jobs on the Site in accordance with the terms of this Agreement.  Each job posting may include only one (1) job description in one (1) location and one (1) job category.   In the event that Customer or any of its job postings is the subject of a criminal investigation, such job postings will be immediately disabled.  Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on the Site.  Notwithstanding anything to the contrary set forth in this Agreement, in the Order or in any written or oral statement made by PTsponsor.com or any representative of PTsponsor.com, unlimited job posting packages are not permitted and not available for purchase from PTsponsor.com with respect to the Site or any other Site, and any agreement or statement (written or oral) with respect to unlimited job postings made in this Agreement, in the Order or otherwise shall be void and of no force or effect. Any jobs posted by Customer on the Site in excess of the number of jobs provided for in this Agreement will be billed to Customer and will be payable by Customer in accordance with the terms hereof, at PTsponsor.com’s then prevailing rate for such job postings.  Except as otherwise specifically provided in the Order, job postings purchased hereunder (i) have a scheduled run of 60 days, and (ii) must be posted during the Term, after which all job postings purchased hereunder expire. At any time, Customer may take down any of its own postings but Customer will not receive any refund.  The terms and conditions of this Agreement shall apply to all job postings posted hereunder for the duration of their scheduled run.  Any (1) re-activation of a deleted or expired job posting, (2) refreshing or renewing of any job posting, (3) change in the Site (PTsponsor.com, etc.) where a job has been posted via FTP/BGW, (4) change in the reference code of a job, or (5) change in location where a job is based (including a change of City/Town), constitutes use of an additional job posting.
5. Confidentiality
  Each party will keep the specific terms of this Agreement confidential and not disclose them to any third party (other than to its attorneys and accountants) without the other party’s prior written consent, except as required by law. 
6. Ownership
  Subject to the next sentence, the contents of the Site (including without limitation all job postings and all resumes), and all elements which are a part of or incorporated in (or constitute a collection or compilation of) any of the foregoing, and all intellectual and other proprietary rights therein are and shall at all times remain the property of PTsponsor.com. Notwithstanding the prior sentence, as between PTsponsor.com and Customer, any job postings placed by Customer on the Site and all intellectual and other proprietary rights therein are and shall at all times remain Customer’s property.
7. Terms of Use
  Customer acknowledges that it and its employees and agents must comply with the terms of use of the Site available from the Site’s homepage through the link “Terms and Conditions.” To the extent there is any inconsistency between any accessed Site’s terms of use described above in this paragraph and the terms of this Agreement, the terms of this Agreement will control.
8. No Warranties
  PTSponsor .com makes no warranties, Express or implied, Including the warranties of merchantability, Fitness for a particular purpose, or non-infringement with respect to its services or the site ,or the functionality, performance or result of use its services or the site
9. Indemnification.
  (a) Each party (each, in such capacity, the “Indemnifying Party”) shall indemnify the other party, its affiliates and their respective officers, directors, employees and agents (each, in such capacity, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from  a breach by the Indemnifying Party of this Agreement or of any representation, warranty, covenant or agreement contained herein..
10. Limitation of Liability
 

Not with standing anything to the contrary contained in this agreement (include the order). Except for obligations of an indemnifying party under section 9 to the extent arising or resulting solely from a third-party claim of infringement of such third party’s intellectual property rights. But without in any way limiting customer’s payment obligations under this agreement.
(A)No party will be liable to any other party (non to any person claiming rights derived from the other party’s right) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind – including lost revenues or profits. Loss of business or loss of data – arising out of or in connection with this agreement or the services provided here under (Include without limitation as a result of any breach of any W100). Allegedly liable was advised, had other reason to know, or in fact knew of the possibility there of, and
 (B) PTSponsor.com’s maximum liability arising out of or in connection with this agreement, any product. The services provided here under or the site. Regardless of the cause of action (whether in Contract, Tort, Breach of warranty or Otherwise), will not exceed the amount paid by customer to PTSponsor.com during the term hereof.  

11. Navigation/Search Engines; No Modification
  Not with standing anything to the contrary contained herein, Customer shall not use and shall cause each party under Customer’s control (including but not limited to its Resume Users) not to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from PTsponsor.com on the Site or such other Site, as the case may be, except for generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).  Customer shall not and shall cause each party under Customer’s control (including but not limited to its Resume Users) not to, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site
12 Miscellaneous
 

Customer agrees with respect to its use of the Services to comply with all applicable local, national and international laws, including but not limited to laws relating to labor and employment (including without limitation the U.S. Equal Employment Opportunity Commission’s Uniform Guidelines on Employee Selection Procedures), data privacy, data access and use, and intellectual property.  Without limiting the foregoing, Customer agrees to comply with all laws relating to equal employment opportunity and employment eligibility requirements and acknowledge that job postings may not require U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state or local government contract. Each party to this Agreement shall be acting as an independent contractor, and nothing herein shall be construed to create a partnership, joint venture or any type of agency relationship between PTsponsor.com and Customer or any of Customer’s employees or agents. This Agreement, which may be executed in counterparts, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended or waived except by a writing signed by all of the parties.  Customer may not assign this Agreement in whole or in part, by operation of law, merger, asset or stock sale or transfer, or otherwise, without the prior written consent of PTsponsor.com.  No party has relied on any representation or warranty of any other party not expressly set forth in this Agreement.  No failure or delay on the part of any party in exercising any right or remedy provided in this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy under this Agreement.  This Agreement shall be governed by and construed in accordance with the domestic laws of the Commonwealth of New York, without reference to the conflicts of laws principles thereof.  The terms of Sections 2, 3 and 5 through 12, inclusive shall survive any expiration or termination of this Agreement. Each party’s performance under this Agreement is subject to force majeure.  All notices given hereunder shall be given by first class mail, return receipt requested, overnight courier or facsimile transmission, to the respective addresses or facsimile numbers set forth herein, and shall be deemed given upon actual delivery thereof.

13 Changes to Privacy Statement
  (a) If Customer is an entity that posts career fair opportunities, work-at-home opportunities or job postings that request an up-front fee, Customer agrees (i) to purchase PTsponsor.com’s Custom Apply Online service at PTsponsor.com’s current rate-card rate, (ii) that no links will be contained in its job postings other than the Apply Online link and that there will be no links back to Customer’s web site, (iii) that it will post legitimate job opportunities and agrees that the jobs posted are for specific, legitimate job opportunities that exist for available jobs, (iv) that all job postings and Customer website(s) will clearly and explicitly describe any up-front fees that users will have to pay for any service, (v) to publish verifiable and in-service contact information on its web site (i.e. functioning e-mail address and phone number), (vi) not to copy any job description or other content of any other Customer of PTsponsor.com,  (vii) that job seekers will not be charged a fee to view or apply to the specific opportunity, (viii) an e-mail address will be included for resume submissions for a specific job opportunity, (ix) that job postings will not reference other postings that may be available by becoming a member of Customer’s web site, (x) to provide PTsponsor.com with the name and e-mail address of the person responsible for curing of breaches of these terms and of the Agreement, and (xi) to post all jobs for career fair opportunities, work-at-home opportunities or job postings that request an up-front fee solely in the “Sales - Commission Only/Work at Home” Job Category, the “Business Opportunity/Investment Required” Job Category or the “Career Fair” Job Category. (b) In addition, if Customer is an entity that requests an up-front fee, Customer agrees to display and adhere to a real and reasonable refund policy, for users who are not satisfied with such services.  The refund policy must provide for, and Customer must adhere to, at least (i) a 100% unconditional refund policy for all job seekers for 30 days after date of purchase (i.e., receipt of funds), (ii) the ability to request refund via email and telephone, (iii) live support via telephone and email requests to receive a response not later than the end of the business day following the day of such request, (iv) a refund policy, with specific refund guidelines, must be made visible (via link to the policy or direct text) to the job seeker before a committed purchase is capable of being made, and (v) refund rules may not include posting a resume or delivery of any other material as a condition of receiving a refund. (c)  PTsponsor.com reserves the right to screen Customer’s postings at any time and from time to time to ensure compliance with this Section 13.