DonnaJobs Gold Term&Conds

Last update 04/02/2021

DonnaJobs GoldAffiliate ProgramTerms&Conds

The Affiliate Agreement is made on between

  1. DonnaJobs LTD, a company incorporated in under register number 11177858, whose registered office is at 607 Sloane Avenue SW3 3EL London UK, (hereinafter, "DonnaJobs" or "us" or "we").
  2. The affiliate (each a Party and collectively the Parties) called DJAmbassador that request to join the affiliate program.

DonnaJobs LTD will screen the applications, reserving the right to accept or reject it.

Through the DonnaJobs Gold Affiliate Program affiliates can send traffic to DonnaJobs.com, and we will reward them for each Valid Purchase, Valid Sale, Valid User placed by a customer. Please read our Criteria Policy.

1. Definitions

Agreement: the agreement set out in this document including any policy added to this agreement.

DonnaJobs Gold: the platform that provides the Affiliate program.

DJAmbassador: the Affiliate.

Affiliate Website: the website and/or the social media channels of the affiliate (DJAmbassador).

Converted Lead or Conversion: traffic derived directly from the promotion carried out by the affiliate website and converted into monetization. For the avoidance of doubts an End User shall not qualify as a Converted Lead if that End User has previously registered on DonnaJobs website and or they do not purchase any DJService, DJSolution, DJBid and or DJProfile.

End-User: any person (individual, partnership, company or other organization) who makes use of web browser to access and view DonnaJobs web pages.

DonnaJobs Services: the services which are sold independently by freelancers on the DonnaJobs Website such as DJService, DJSolution, DJBid, DJCourse, DJProfile (Paid Premium Membership).

DonnaJobs website:  www.donnajobs.com, www.donnajobs.co.uk, www.donnajobs.it, www.donnajobs.eu.

Promotional Content: the DonnaJobs’s trade name, the DonnaJobs Website, trade or service marks, trade names, logos, domain names, descriptions of DonnaJobs, descriptions of DonnaJobs Service, associated keywords, and links, or other copy or content of any type that is provided by DonnaJobs to the DJAmbassador for the purposes of this Agreement. The affiliate can use these contents to drive traffic to DonnaJobs website.

2. Enrolment in the Affiliate Program

  1. To be part of our Affiliate Program, you must create an account on our website, donnajobs.com.
  2. Once you have created an account, you must send us an application to apply to our Affiliate Program (hereinafter, the "Application"). In the Application you must identify the website or social media platform where you intend to advertise the DonnaJobs content and you must provide us with your contact information, which must be true, complete and updated. The Application that you will need to fill out and send to us is available in your dashboard once you have registered your account on DonnaJobs.
  3. If we decide to accept your Application you will receive a confirmation email. We reserve the right to accept or reject any Application for whatever reason we deem appropriate. Among other reasons, we may reject your Application if the information you have provided is incorrect, incomplete and/or out of date. We may also reject your Application if your website contains images, illustrations, photographs, videos, sounds, text, comments, information, data, graphics, news, articles, etc. (hereinafter "Content") that are illegal, defamatory, injurious, slanderous, obscene, pornographic, abusive, offensive, infringing on any rights of third parties, disclosing data of third parties, containing threats, and/or of any other nature that we deem inappropriate or objectionable. Further, we can also reject your Application if you or your website discriminate, break any laws or any of the conditions of use published by us, or if you infringe any third parties' intellectual and/or industrial property rights. We can also reject your Application should your website not be related to our content categories and/ or if your website does not have the minimum number of followers that we consider appropriate for a successful collaboration.
  4. If we accept your Application, we will send you a welcome email so that you can access the Affiliate Dashboard. From the Affiliate Dashboard you will be able to download banners, text and other types of links, articles, reference sources (hereinafter, "Promotional Content") and generate the affiliate promotional URLs. You will also be able to access your reports detailing the sum of the commissions owed to you. It is your responsibility to keep secret all your information, such as your username and password.
  5. You must ensure that your data, including your email address, is complete and always up to date. We may send you communications to the email address associated with your account. We will understand that you have received all notifications that we have sent to the email address associated with your account, even if you have changed your email address. Therefore, if you change your email address you must notify us as soon as possible.

3. Promotional Content and Website links

  1. The DJAmbassador is authorised on a non-exclusive basis to promote DonnaJobs website to its website visitors using the Promotional Content.
  2. DonnaJobs agrees to provide the DJAmbassador with the Promotional Content solely for the purposes of promoting DonnaJobs. Use of DonnaJobs’s Promotional Content is subject to the restrictions of this Agreement and DonnaJobs can object to any use of Promotional Content if it deems the use to be inappropriate or inaccurate or for any other reason in its absolute discretion.
  3. Each Party retains sole and exclusive ownership and control over its website and is solely responsible for maintaining and updating its own website.
  4. DonnaJobs is not liable in any way for any claims relating to the use of the Promotional Content by the DJAmbassador and the DJAmbassador agrees to indemnify DonnaJobs against all and any claims, damages, losses, liabilities, costs and expenses relating to the Affiliate’s use of the Promotional Content.

4. Tracking of End Users and Compliance

  1. DonnaJobs will use and implement reasonable tracking mechanisms in order to permit the DJAmbassador to accurately track Converted Leads.
  2. In the performance of its obligations under this Agreement, the DJAmbassador will comply with all applicable laws and regulations, including consumer protection and unfair trading regulations and shall not engage in any fraudulent activities such as cookie stuffing or link interception. The DJAmbassador acknowledges that any editorial content about must be accompanied by a prominent statement that the DJAmbassador is being paid to promote the DonnaJobs website.
  3. The DJAmbassador undertakes and covenants that at all times they will comply with the requirements of the Data Protection Act 2018 in respect of recording End User’s details or obtaining or making use of email addresses.
  4. DJAmbassador warrants that its site does not:
    1. promote sexually explicit materials;
    2. promote violence;
    3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    4. promote illegal activities; or
    5. incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.

5. Payment

DonnaJobs will pay the DJAmbassador a fee upon the affiliate tiers and the fee is inclusive of any VAT payable by DonnaJobs to the DJAmbassador.

Approval and acceptance of any converted leads shall be at DonnaJobs’s sole discretion, and DonnaJobs may reject any such Converted Lead or any acceptance for any reason.

Payouts will be completed after 30 days of a Service/Solution/Course/Bid/Membership being paid by the Buyer to the DJFree/DJAdvisor/DJTeacher, provided you meet the minimum payment threshold of £50 or €50.

DJAmbassadors are responsible for any and all charges, fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive affiliate payments. Please check with your receiving banking institution to find out if any of these apply for your account.

If We determine that payment of affiliate commissions to DJAmbassador in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.

We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.

If at any time there has been no substantial activity on your account for XX years, then we will have the right to withhold any accrued fee. Further, any unpaid fees in your account may be subject to escheatment under applicable law.

In order to enable DonnaJobs to pay to DJAmbassador its commissions, DJAmbassadors must provide DonnaJobs with all necessary financial and tax information, including DJAmbassador Value Added Tax (VAT) and company registration numbers, if applicable.

DJAmbassador acknowledges and agrees that DJAmbassador will send to DonnaJobs all invoices needed in order to be paid and before the pay-out will take place.

DJAmbassador acknowledges and agrees that DJAmbassador retains full responsibility for:

  • fulfilling DJAmbassador obligations with respect to VAT, if applicable;
  • paying the VAT, if applicable, on the commissions collected and paid to DJAmbassador by DonnaJobs;
  • advising DonnaJobs of any changes to DJAmbassador company’s tax identification information; and
  • otherwise complying with all applicable tax laws, rules and regulations.

Note that the affiliate tiers and values change regularly. Please check the commission page for updated statistics.

6. Tracking

You must refer traffic to us using a link generated in your affiliate dashboard. The link will contain parameters, which will identify you and the campaign you're using. We will use that information to store a cookie on the user's computer, which will allow us to track any purchase that they place and allocate it to you.

The cookie is valid for 30 days.

Please mark all affiliate links to DonnaJobs.com as rel="nofollow".

7. Authorised marketing tactics

DonnaJobs.com will work with most DJAmbassadors (affiliates) and allows most marketing tactics, but we reserve the right to reject or terminate DJAmbassadors who use tactics that we consider to be contrary to the DonnaJobs.com brand. We specifically do not work with the following types of affiliates:

  • Cashback, incentive or loyalty affiliates.
  • Competition/freebie sites.
  • Sites that spam or use spammy tactics.

8. Search marketing tactics

Bidding through Pay per Click (PPC) is permitted on any search engine, except as detailed in PPC exclusions below.

Brand based terms should be added as negative bids.

PPC bidding is not permitted on any brand based terms and misspellings including but not limited to "DonnaJobs", " DonnaJobs.com", " DonnaJobs dot com",  etc.

DJAmbassadors are not permitted to use the DonnaJobs brand name within the display URL, Ad Title or Description.

9. Marketing Material

We have provided marketing material that you can use. Only creative/banner produced by DonnaJobs and shared on the DonnaJobs affiliate platform or otherwise approved in writing by DonnaJobs.com can be used by DJAmbassadors.

10. Limited licence

DonnaJobs hereby grants to the DJAmbassador, for the term of this Agreement, a limited, revocable, non-exclusive, non-transferable, royalty-free licence to:

  • use and reproduce the Promotional Content in strict compliance with this Agreement; and
  • display the Promotional Content on the DJAmbassador’s website and with such other guidelines as may be identified by DonnaJobs from time to time solely for the purpose of marketing DonnaJobs as provided in this Agreement.
  • The DJAmbassador must not alter or permit alteration of, or remove or modify or permit removal or modification of, any of the Promotional Content, or other identifying marks placed by DonnaJobs or its agents or associated documentation or literature, without DonnaJobs’s prior written approval. Except as specifically provided in this Agreement, nothing in this Agreement gives the DJAmbassador any right, title or interest in any of the Promotional Content, any underlying intellectual property, or goodwill of DonnaJobs.
  • The DJAmbassador acknowledges that the Promotional Content, any underlying intellectual property, and any related goodwill are the sole and exclusive property of DonnaJobs.
  • The DJAmbassador must not, during the term of this Agreement and afterwards, challenge or assist others to challenge the Promotional Content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the Promotional Content.

10. Termination

DonnaJobs can terminate the Agreement immediately if the DJAmbassador  (affiliate):

  • commits a material breach of the Agreement (which, if capable of remedy), it fails to remedy within 30 days after being given written notice (e-mail) specifying full particulars of the breach and requiring it to be remedied;
  • persistently breaches any term of the Agreement;
  • is dissolved, ceases to conduct substantially all of its business or becomes unable to pay its debts as they fall due;
  • is a company over any of whose assets or property a receiver is appointed;
  • makes any voluntary arrangement with its creditors or (if a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986); or
  • if an individual (or firm) has a bankruptcy order made against it or (if a company) goes into liquidation.

11. Confidentiality

Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:

  • where required by law, court order or any governmental or regulatory body;
  • to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
  • where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);
  • where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement; or
  • where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.

12. Limitation of liability

The Agreement constitutes the entire agreement between the parties and replaces all prior discussions, arrangements or agreements that might have taken place. All warranties, conditions and other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law, without in any way limiting or excluding liability for personal injury, fraud or fraudulent misrepresentation

The total liability of DonnaJobs to the DJAmbassador (Affiliate) in relation to any event or series of related events is limited to the fees due to the DJAmbassador (Affiliate) under this Agreement.

No party will be liable to any other party under the Agreement (except where required by law) for any:

  • special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
  • loss or corruption of any data, information, database or software;
  • loss of profits;
  • loss of business;
  • depletion of goodwill and/or similar losses;
  • loss of anticipated savings.

13. Changes

DonnaJobs can change any terms of this Agreement including pricing by publishing the new terms, if the DJAmbassador (Affiliate)  decides not to accept the changes made, they must promptly notify DonnaJobs LTD in writing by e-mail, and this agreement will be deemed terminated. In case of lack of communication by the affiliate, the changes will be considered accepted by the same.

The DJAmbassador (Affiliate)  must immediately replace existing Promotional Content with any updated Promotional Content as provided by DonnaJobs.

14. Privacy

Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation; and (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation (EU) 2016/679) and any other directly applicable EU regulation relating to privacy. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements. The DJAmbassador (Affiliate)  must not sell or pass on any Converted Lead data to any third party.

15. General

No Party may assign, transfer, sub-contract or otherwise make over to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other Party.

Both Parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

DJAmbassador (Affiliate)  is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between DJAmbassador (Affiliate)  and DonnaJobs LTD.

The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.

If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.

Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first-class post to or left by hand delivery at the other Party’s registered address or place of business, or sent by email to the email address notified by the other Party. Notices:

  • sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second business day and, where posted from or to addresses outside the United Kingdom, on the tenth business day following the date of posting;
  • delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
  • sent by email will be deemed to have been received on the next business day after sending.

16. Governing law

This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the  English and Welsh courts.

17. Policies

The following policies explain technicalities related to the functioning of the affiliate program, membership and fees: they are part of these Terms&Conditions and must be read carefully before using the platform:

  1. Criteria Policy
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