SOCIAL NETWORKING AGREEMENT
Terms and Conditions
This Social Networking Agreement (hereinafter the “Agreement”) is entered and binding between THE REFERRERS (hereinafter “FIRST PARTY”) and the INDIVIDUAL USER (hereinafter “SECOND PARTY”).
WHEREAS, FIRST PARTY is engaged in the business of developing, providing and managing computer software, systems design and analysis, and related services;
WHEREAS, FIRST PARTY has developed a software or platform available at https://thereferrers.ph/ which can be utilized by hiring companies to advertise their job postings and make the same accessible to the online or web community;
WHEREAS, FIRST PARTY offers the use of said software or platform solely for promotion, marketing or advertisement purposes of the said job postings and not for recruitment purposes;
WHEREAS, in line with the primary purpose of promotion, SECOND PARTY has agreed to share or promote the job postings found on the said platform subject to the terms and conditions as herein set forth;
NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants, undertakings and stipulations, the parties hereto have agreed as follows:
- SCOPE OF SERVICE
FIRST PARTY shall only provide the software or platform, through the use of https://thereferrers.ph/ (hereinafter the “Platform”), to accommodate the job posting/s of hiring companies. SECOND PARTY is responsible for utilizing his/her own network to share, promote, or advertise the links for job postings found on the platform. FIRST PARTY’s responsibility shall only be limited to the promotion or advertisement of job vacancies, requirements and qualifications.
- TERM OF SERVICE
The term of this Agreement shall commence on the effective date as stated above and shall continue until termination by either party as set forth below.
- PROCEDURE IN USING THE PLATFORM
3.1 SECOND PARTY shall visit the platform https://thereferrers.ph/, provide the required information on the form found on the said website, and choose which job posting/s he/she wants to share or promote.
3.2 All job postings found on THE REFERRERS platform shall have a particular job code and a corresponding link which may be shared, promoted and/or posted by the SECOND PARTY on the web community. The said link shall enable anyone to send his/her CV or resume and apply for a particular job posting.
3.3 SECOND PARTY shall share the link to anyone who may be suitable and interested on the job vacancies posted on the platform. SECOND PARTY may also use the link to submit a CV or resume of a person who is (i) qualified for the job posting; (ii) available for hiring; and (iii) has given consent to the submission of his/her credentials to the platform.
- PROMOTIONS AND REWARDS
4.1 There is no limit in sharing or promoting the job postings found on the platform.
4.2 SECOND PARTY shall be entitled to receive a reward in the event of successful hiring process, which shall mean that hiring company directly employed an applicant who sent his/her resume through the link shared or posted by SECOND PARTY, and said applicant accepts the job offer.
4.3 All rewards are strictly on a first come basis. The software or platform shall determine to which link the CV or resume was first uploaded.
4.4 SECOND PARTY may also send his/her own CV or resume and is entitled to receive the corresponding reward once hired.
4.5 In the event that a job posting is taken down it shall mean that the position is no longer available. In this case, the right to receive any reward for the said job posting shall cease.
4.6 The reward shall be at the discretion of SECOND PARTY which may be in the form of cash (subject to applicable withholding tax), gift cards or vouchers. The value of said reward may very per job posting.
4.7 FIRST PARTY shall notify SECOND PARTY when a person who used the link he/she shared is hired for the job posting and how to claim his/her reward.
4.8 In no case shall SECOND PARTY directly or indirectly communicate or contact hiring companies.
- RELATIONSHIP OF THE PARTIES
It is hereby agreed that there shall be no employer-employee nor recruiting relationship between SECOND PARTY and FIRST PARTY and its respective agents and/or representatives, or between SECOND PARTY and the hiring companies or its agents and/or representatives.
- TERMINATION OF AGREEMENT
6.1 Either parties may terminate this Agreement by serving a written notice to the other party within thirty (30) days from intended end date.
6.2 FIRST PARTY reserve the right to cancel and/or terminate this Agreement on justifiable grounds, such as but not limited to:
- When there is a misrepresentation, false declaration or registration made by SECOND PARTY;
- When SECOND PARTY violates the terms of this Agreement;
iii. When SECOND PARTY engaged the service to use the platform for a different or illegal purpose; or
- Other just causes.
Under such circumstances, a written notice to SECOND PARTY shall suffice and any reward due to SECOND PARTY shall be forfeited in favor of the hiring company, notwithstanding the provision under Section 12.9.
The terms of this Agreement are confidential. Neither FIRST PARTY nor the SECOND PARTY shall disclose, in any way to any third party, any Confidential Information obtained from or by a party, or any of its officers or representatives, from the disclosing party, without the other’s consent, nor use the said confidential information in any way directly or indirectly detrimental to the disclosing party, or for any other purpose other than for the provision of the service provided in this Agreement, unless required to do so by law or an official authority. The obligation continues after this Agreement ends.
- REPRESENTATIONS AND WARRANTIES
SECOND PARTY expressly represents and warrants that he/she is legally entitled to accept, agree, and sign to this Agreement, and that SECOND PARTY is at least eighteen (18) years old. Without limiting the generality of the foregoing, this Agreement is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the service and/or platform of FIRST PARTY, SECOND PARTY further represents and warrants that he/she has the right and capacity to use or avail the service and/or platform and to abide by terms of this Agreement. In addition, SECOND PARTY expressly represents and warrants that he/she has obtained the consent of the owner of the CV/resume to upload the same to the platform.
SECOND PARTY releases, and hereby agrees to indemnify, defend and hold harmless FIRST PARTY and/or its affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of SECOND PARTY ’s negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the service and/or platform. SECOND PARTY further agrees in the event that SECOND PARTY bring a claim or lawsuit in violation of this agreement, SECOND PARTY shall be liable for any attorneys’ fees and costs incurred by FIRST PARTY or its respective officers and agents in connection with the defense of such claim or lawsuit.
- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, FORCE MAJEURE
10.1 THE USE OF THE REFERRERS’S PLATFORM AND/OR SERVICE IS AT SECOND PARTY ’S OWN RISK. THE REFERRERS’S PLATFORM AND/OR SERVICE ARE PROVIDED “AS IS”. SECOND PARTY UNDERSTANDS AND AGREES THAT FIRST PARTYSHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND/OR SERVICE, RELIANCE ON THE PLATFORM AND/OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM AND/OR SERVICE.
10.2 FIRST PARTY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, OR COMPLETENESS OF THE PLATFORM AND/OR SERVICE. FIRST PARTY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM AND/OR SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR (B) THE PLATFORM AND/OR SERVICE WILL MEET SECOND PARTY’S REQUIREMENTS OR EXPECTATIONS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
10.3 SECOND PARTY ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF SECOND PARTY ’S USE OF THE PLATFORM AND/OR SERVICE REMAIN SOLELY AND ABSOLUTELY WITH SECOND PARTY AND SECOND PARTY SHALL HAVE NO RECOURSE WHATSOEVER TO THE REFERRERS.
10.4 THE PLATFORM AND/OR SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN ITS USE. FIRST PARTY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
10.5 WITHOUT LIMITING THE FOREGOING, FIRST PARTY SHALL NOT BE LIABLE FOR ANY INJURY TO SECOND PARTY’S PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY DUE TO USE OF THE PLATFORM AND/OR SERVICE FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.
FIRST PARTY may collect, process, transfer and secure personal data about SECOND PARTY in accordance with all applicable data protection laws. Any information collected by FIRST PARTY will be provided by SECOND PARTY at his/her own will and with explicit consent granted herein by execution of this Agreement.
12.1 FIRST PARTY reserves the right to modify, vary, change and amend the terms and conditions as set forth in this Agreement at any time. Such modifications, variations, changes and/or amendments are available upon request. Continued use of the services despite notice will constitute acceptance of the new terms.
12.2 This Agreement, shall be binding upon the parties, and their successors and assigns.
12.3 This Agreement and any other provisions or terms specifically incorporated herein constitute the entire Agreement of the Parties and supersedes all prior agreements that may have been executed in connection with the subject hereof. This Agreement may only be amended by an instrument in writing signed by the respective authorized signatories of the Parties. The terms, provisions and covenants of any such amendment/s shall inure to the benefit of and be binding upon the Parties hereto, their successors and assigns.
12.4 This Agreement shall likewise be construed in accordance with, and governed in all respects by, the laws of Republic of the Philippines without regard to conflicts of law principles.
12.5 Any dispute arising out of or in any way connected with this Agreement shall be submitted to the jurisdiction and venue of the Taguig City Court to the exclusion of all others.
12.6 If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
12.7 The waiver by either Party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of any provision of the Agreement. A Party may exercise a right, power or remedy (“Right”) at its discretion, separately or concurrently with another Right. A single or partial exercise of a Right by a party does not prevent a further exercise of that or of any other Right. Failure by a party to exercise or delay in exercising a Right shall not prevent its later exercise.
12.8 This Agreement may not be assigned without the written consent of the other party.
12.9 Expiration or termination of this Agreement will not relieve either party from its obligations arising hereunder prior to such expiration or termination. Rights and obligations which by their nature should survive will remain in effect after termination or expiration of this Agreement.