Indeed Publisher

Terms of Service

Indeed Publisher Program Terms

This agreement between You (“Publisher”) and Indeed Inc., 7501 N. Capital of Texas Hwy, Building B, Austin, TX 78731, USA, sets out the terms and conditions (“Agreement”) applicable to your participation in the Indeed Publisher Program (the “Program”) and, along with Indeed Terms of Service, use of or access to Indeed’s online and/or mobile services, web sites, and software provided on or in connection with the services or web sites (collectively, the “Website”). Any references to “Indeed” shall mean Indeed Inc. The Program, as generally offered by Indeed, is described on https://ads.indeed.com/jobroll or such other URL as Indeed 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 this Agreement.

Indeed shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Indeed Affiliate Acceptable Use Policy, located online at AAUP (the ‘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 Indeed shall be true, accurate and complete.

1. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Indeed logos or other elements supplied by Indeed for use on Affiliates’ websites or websites co-branded by Indeed and Affiliate (collectively, “Program Elements”) may only appear on URLs that Indeed has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise Indeed of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Indeed from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Indeed” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.indeed.com or other Indeed website as agreed with Indeed and the word “Indeed” shall be the Indeed Logo Image and shall also be hyperlinked to http://www.indeed.com or other Indeed website as agreed by Indeed. The Indeed Logo Image can be found at: http://www.indeed.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. Indeed 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 Indeed 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 Indeed may have as a result of a violation of the AAUP by Publisher.

Publisher hereby grants Indeed permission to refer to Publisher and its websites in Indeed’s marketing materials.

2. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Indeed) in relation to Program Elements displayed on Accepted URLs, in each case, the amount as solely determined by Indeed 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, Indeed shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Indeed or if Publisher is in breach of this Agreement. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. This agreement may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend this Agreement. No dashboard or any other view of any click count shall be considered as contractually binding on Indeed.

3. Qualifying Links

Publisher may earn a commission, as determined by Indeed in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Indeed Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Indeed Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Indeed’s sole discretion. Indeed is under no obligation to pay any particular amount for any referral and it is in Indeed’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Indeed via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Indeed using a Program Element provided by Indeed for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Indeed via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Indeed’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Indeed to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Indeed, has not been previously “cookied” by Indeed and has not previously visited the Indeed Website, all as determined by Indeed in its sole and absolute discretion.

The parties acknowledge and agree that Indeed shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Indeed and the Qualified User.

The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Indeed in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Indeed in its sole and absolute discretion.

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of this Agreement or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.

4. Terms of Payment

Indeed 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.

Indeed may withhold any and all payment if Publisher is in breach of this Agreement and Indeed shall have no further liability to Publisher.

5. Termination

Either party may terminate this Agreement and participation in the Program at any time by sending a notice by email to support-at-indeed dot com or other email address specified by Indeed in the case of Indeed, 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 websites.

6. Confidentiality

Publisher shall not disclose Indeed Confidential Information without Indeed’s prior written consent. “Indeed Confidential Information” includes without limitation: (a) all Indeed 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 Indeed; and (c) any other information designated in writing by Indeed as “Confidential” or an equivalent designation.

7. Disclaimer and Limitation of Liability

INDEED’S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE ‘SERVICE’) AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDEED 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. INDEED MAKES NO WARRANTY THAT (i) THE SERVICE OR WEBSITE WILL MEET PUBLISHER’S REQUIREMENTS; (ii) THE SERVICE OR ACCESS TO WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICE OR WEBSITE WILL BE CORRECTED.

INDEED 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 INDEED’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THIS AGREEMENT.

8. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the Indeed Publisher Program Terms and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Indeed. This Agreement, together with any amendments and any additional agreements you may enter into with Indeed in connection with the Website, shall constitute the entire agreement between you and Indeed concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend this Agreement.

By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Indeed’s proprietary rights in them.

You understand and acknowledge that Indeed or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. Indeed reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.

Change of Address: If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same Indeed party for the remainder of the month in which you made the change. At the next month, your contract will be with the Indeed party identified in the first paragraph of this Agreement.

Any notices to Indeed must be sent to the applicable Indeed entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice ( i.e., Indeed Resume Program, Indeed Ads Program, or Indeed Publisher Program). 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 fifteen (15) days after having been posted (for messages in your Indeed Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Indeed’s prior written consent and any such attempt is void. Indeed may freely assign or delegate its rights and obligations hereunder without notice to you. Indeed and you and Indeed Partners are not legal partners or agents, but are independent contractors.

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, USA.


/jobroll/tos.jsp ads.indeed.com