Appjobs and Partner may hereinafter also be referred to individually as a “Party” and collectively as the “Parties”.
DEFINITIONS
1.1 The following capitalized terms shall have the following meanings in the Agreement:
Agreement
this Partner Agreement along with the Order Form
Candidate
an individual searching for opportunities, such as job offers, through the Platform.
Effective Date
the date of the last signature below.
Platform
AppJobs’ platform, e.g. the website www.appjobs.com and Appjobs’ API.
Service
The services AppJobs provide to Partner in accordance with this Agreement, as described below.
BACKGROUND
2.1 Partner provides services directed towards Candidates (“Partner’s Service”). Candidates can be defined as individuals or companies required to enable Platforms to provide its consumer offerings and services to end-users e.g. to assist the Platforms in carrying out work or assignments, to list items for rent, or other similar tasks, in line with Partner’s Service.
2.2 AppJobs provides a Matching Platform with the purpose of connecting
a) potential Candidates with Platforms for job or task purposes, and
b) Partners for assignment and recruitment purposes.
c) AppJobs wishes to extend its offering to Services..
2.3 Partner wishes to engage AppJobs in assisting Partner to acquire potential Candidates, or extend its marketing, in accordance with the Agreement.
PROVISION OF THE SERVICE
3.1 Appjobs shall use the Platform and other available channels, at AppJobs sole discretion, to promote Partner and to assist Partner in acquiring new users, i.e.Candidates),to Partner’s Service, in accordance with this Agreement (“Service”).
3.2 AppJobs will create and publish a standard ad relating to services offered by Partner in the cities relevant for Partner. When creating the ad, AppJobs shall use publicly available information about Partner and Partner’s Service to create and publish the ad about Partner’s Service. Partner may provide additional information, content and promotion material to AppJobs for the purpose of creating the ad.
3.3. Upon request from Partner, AppJobs shall remove within 72hrs any specific media placement/type.
3.4 Partner may purchase additional exposure on the Platform from AppJobs, as well as other services as offered by AppJobs from time to time.
TECHNICAL INTEGRATION
4.1 To enable AppJobs to provide the full range of the Service to Partner, a technical integration can be provided between the Platform and Partner’s platform. Appjobs will provide its API to Partner to enable the technical integration. Partner shall assist Appjobs in enabling the technical integration.
4.2 Partner shall ensure that the technical integration can provide data to AppJobs relating to Candidates’ that signed up for Partner’s Service via the Platform. Partner shall provide data to AppJobs relating to Candidates’ use of Partner’s Service, including but not limited to transaction generating activities and reviews relating to any Candidate using Partner’s Service.
4.3 Partner may not use, copy or transfer the Platform, or parts thereof, other than for the intended purpose under this Agreement, nor may Partner use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the Platform.
GRANT
5.1 To enable AppJobs to provide the Service, Partner hereby grants to AppJobs a non-exclusive, royalty-free, worldwide, limited right to use and display Partner’s trademarks, such as logos and brand names, solely to promote and advertise Partner, during and in accordance with the Agreement.
5.2 AppJobs hereby grants to Partner a non-exclusive, limited right to use AppJobs’ API, solely to enable the technical integration in accordance with Section 5 above, during and in accordance with the Agreement.
INTELLECTUAL PROPERTY RIGHTS
6.1 AppJobs is the owner of the Platform and the Service, including all intellectual property rights.
6.2 AppJobs retains all rights, including intellectual property rights, in and to the Platform and the Service. All rights not expressly granted in the Agreement are reserved by AppJobs. No additional licenses or other rights are granted by implication or otherwise.
WARRANTY AND LIABILITY
7.1 The Platform and the Service is provided “as is” and “as available”. AppJobs does not provide any warranty of any kind, express or implied, relating to the Platform nor the Service. AppJobs does not guarantee the accuracy, completeness, or usefulness of the Service, nor that any Candidate will be provided to Partner.
7.2 AppJobs shall not be liable for indirect, consequential, incidental, special, and punitive damages, including without limitation, damages for lost profits or revenues, loss of data, or any other economic loss, even if advised of the possibility of the same, unless stated otherwise in the Agreement.
7.3 AppJobs’s maximum aggregate liability for all claims under this Agreement shall not exceed the amounts actually paid by Partner to Appjobs during the year preceding the event leading up to such claim.
PERSONAL DATA
8.1 The respective Party is responsible for its processing of personal data. The respective Party shall ensure that personal data is collected, processed, and transferred in accordance with applicable laws, including ensuring that the General Data Protection Regulation GDPR (EU 2016/679), and all local laws are applied and adhered to when processing personal data under this Agreement.
8.2 When a Candidate signs up for Partner’s Service, Partner is the data controller for the processing of personal data relating to that Candidate’s use of Partner’s Service. As data controller, Partner is responsible for the collection and processing of personal data relating to Partner’s Service.
8.3 Partner is liable for any damage it may cause following a breach of the data protection laws, including liability towards AppJobs.
TERM AND TERMINATION
9.1 This Agreement shall commence on the Effective Date and shall continue until terminated by either Party with a thirty (30) days prior written notice of termination to the other Party.
9.2 Upon termination of the Agreement, all rights granted by either Party shall immediately cease.
9.3 Appjobs shall irrespective of termination or expiration be entitled to keep the already received, as well as to receive any outstanding fees that are undisputed and due to be invoiced at the time of termination.
9.4 A breach of this Agreement allows both parties to end the contract immediately.
ENTIRE AGREEMENT AND AMENDMENTS
10.1 This Agreement constitutes the entire agreement between the Parties on all issues to which the Agreement relates. This Agreement may not be altered, modified or amended except in writing and signed by both Parties.
ASSIGNMENT
11.1 A Party may not wholly or partly assign or pledge their rights or obligations under this Agreement, unless the other Party consent thereto in writing.
NO WAIVER
12.1 Failure or delay by a Party in exercising any right or remedy under the Agreement shall not constitute a waiver of such (or any other) right or remedy.
SEVERABILITY
13.1 In the event that any term or condition of this Agreement should be declared invalid by any court of competent jurisdiction, this Agreement shall be considered as if the same has not been inserted.
GOVERNING LAW AND VENUE
14.1 This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its conflict of laws principles.
14.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm district court (Sw. Stockholms tingsrätt) as the court of first instance.New Paragraph