WhatJobs Publisher Program (WPP) Terms and Conditions

Terms of Service for Publishers wishing to join the WhatJobs Publisher Program

Effective from: 1st August 2019

Last Updated: 16th February 2022

Our Website: WhatJobs.com

The following document is an agreement between you (the Publisher) and WhatJobs (WhatJobs.com trading as What Digital (Ireland) Ltd) that sets out the terms and conditions relating to your involvement in the WhatJobs Publisher Program (WPP).

  1. Terminology and Definitions

Ad, Advert, Advertisement The Content provided by the Advertiser to WhatJobs and from WhatJobs to the Publisher to be shown on the Publisher’s Website.

Advertiser The individual or company utilizing WhatJobs’s services to promote job and job-related Content.

Advertiser Website The website(s) owned by the Advertiser.

WhatJobs Publisher Program (WPP) A program that provides Publishers with the opportunity to generate visits to WhatJobs and its Advertiser(s).  WPP is the Intellectual Property of What Digital (Ireland) Ltd

Confidential Information Without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business, and financial affairs and trade secrets and other information of value to a party and not generally known (whether or not designated as “confidential information” by either Party and whether written, oral or in electronic form) and any other information specified by the disclosing Party as confidential information or that is confidential by its nature or by the nature of its disclosure;

Dashboard A section of the WhatJobs Publisher Program where the Publisher may input, edit and update Publisher details.

Impression A Valid User has viewed the Ad, but the link has not been clicked.

Initial Contact A Valid Click on a Qualifying Link on the Publisher’s website directing to the WhatJobs website.

Personal Data As defined in the Data Protection Act

Publisher The individual or company has signed up to participate in the WhatJobs Publisher Program.

Publisher Property The Publisher’s website or other online property.

Publisher Website A website owned and managed by the Publisher and registered with WhatJobs for participation in the WhatJobs Publisher Program.

Qualifying Link A link directing a Valid User from the Publisher’s Website or other online Publisher Property to WhatJobs using a specific program element provided by WhatJobs for use with the WhatJobs Publisher Program.

Session The period begins when a Valid User initially arrives at WhatJobs via a Valid Click on a Qualifying Link from the Publisher’s website and ends at WhatJobs’s absolute discretion.

Space The area on a Publisher’s website set aside by the Publisher to display WhatJobs Ads.

Valid User A user who is independent of the Publisher other than viewing the Publisher’s website and has not previously visited WhatJobs in the previous 24 hour period, as determined by WhatJobs in its sole and absolute discretion.

Valid Click A click on a URL by a Valid User which qualifies for payment to the Publisher and is identified using WhatJobs’s algorithm.

  1. Being a Publisher
    1. The Publisher will collaborate with WhatJobs to increase traffic and visits to Ads from the WhatJobs website.
    2. The Publisher will sign up to WPP, after which WhatJobs will provide access to the Dashboard.
    3. The Publisher will provide the following information on the Dashboard:
  1. Publisher’s company name
  2. Publisher’s website URL
  3. Publisher’s contact name
  4. Publisher’s telephone number
  5. Publisher’s full invoicing address
  6. Publisher’s payment details, e.g., bank account, PayPal, etc.
  1. The Publisher has total responsibility to maintain the above information and any other relevant information requested by WhatJobs.
  2. Incorrect information provided by the Publisher may prevent payment (see section 4 – Payment to Publisher).
  3. The Publisher may access “Account Settings” on the Dashboard to add and edit this information to ensure accuracy throughout this Agreement.
  1. The Publisher will ensure that all information provided to WhatJobs is truthful, factual, complete, correct, and up-to-date.
  2. The Publisher will ensure that each website registered by the Publisher for participation in the WhatJobs Publisher Program is owned directly or indirectly by the Publisher and that the Publisher owns directly or indirectly every Property of the website(s) and domain(s) of the website(s) on the Publisher’s platform.
    1. With the Publisher’s ownership of the complete platform as defined in 2.5. the Publisher will make available Space on the Publisher’s platform to use, host, display, register, copy, modify, reformatting, reproduce, publish, exhibit, transmit, and distribute Ads by WhatJobs.
    2. The Publisher will continually provide Space on the Publisher’s web platform where Valid Users will easily see ads.
  1. Publisher Website Content
    1. The Publisher will provide Space on their Website(s), easily accessible by Valid Users.
      1. The Publisher and WhatJobs will commit to letting the Advertisers increase the number of Valid Users who will visit Ads.
      2. The Publisher will receive a share of the revenue paid to WhatJobs by Advertisers, calculated by WhatJobs based on Valid Clicks and Impressions (see section 4 – Payment to Publisher).
    2. WhatJobs has the absolute and final authority to accept a Publisher to participate in the WhatJobs Publisher Program or any part thereof.
    3. The Publisher must be at least eighteen (18) years old to comply with work restrictions and local law.
    4. The Publisher must ensure that all information submitted to WhatJobs is accurate and complete.
    5. The Publisher will be refused participation in the WhatJobs Publisher Program if WhatJobs considers the Publisher’s website(s) to contain any of the following Content:
  1. Depiction or promotion of pornography, drugs, violence, illicit, illegal, or unethical content.
  2. Material which may be considered to violate or infringe, or induce to violate or infringe, the rights of individuals concerning personal data and privacy
  3. Material which may be considered to violate or infringe, or induce to violate or infringe, the rights and protections of minors.
  4. Material which may be considered to violate or infringe, or induce to violate or infringe, Advertiser’s codes of conduct or advertising industry codes of conduct.
  5. Material that may be considered to infringe rights of the Industrial or Intellectual Property of WhatJobs or any third party.
  6. Incentivized advertising platforms such as PTC, PTR, Prize Draws, etc.
  7. Techniques such as cookie-stuffing, adware, typosquatting, multi-level programs, etc.
  8. Unfinished websites or sites are still under construction.
  9. Parked domains.
  10. Material that may be considered harmful, abusive, obscene, harassing, or defamatory.
  11. Material that may potentially bring into disrepute WhatJobs or its Advertisers.
  1. The Content is described in section 3.5. will be reviewed primarily under local law and under relevant regional laws, regulations, and codes of conduct in the areas, jurisdictions, and countries where the Ads will be displayed.
  2. WhatJobs will determine whether Content displayed on the Publisher’s website(s) is appropriate for the WhatJobs Publisher Program.
  3. The Publisher will ensure that Ads will not be posted on the following pages or sites:
  1. Pages where user preferences may be changed
  2. Pages that may initiate downloads or distribute viruses
  3. Pages or sites with primarily dynamic content (e.g., live chat, instant messaging, comments with automatic updating, etc.)
  1. The Publisher will not use WhatJobs Ads through software applications including toolbars, browser extensions, desktop/laptops & other similar devices.
  2. The Publisher will only enter WhatJobs code on web pages for desktop and mobile devices.
  3. The Publisher may use code to open WhatJobs Ads in a new window.
  4. The Publisher may not alter the result of clicking on Ads.
  5. The Publisher may not post WhatJobs Ads into windows that are not opened by Valid clicks by a Valid User.
  6. The Publisher may not post WhatJobs Ads in windows without navigation controls, including back and forward buttons, editable URL fields, etc.
  7. The Publisher shall ensure that WhatJobs Ad code is not used on pages where navigational elements have been removed.
  8. The Publisher may not post WhatJobs Ads on sites or pages that contain more than three pop-up windows.
    1. If a Publisher’s website uses pop-up windows, the pop-ups must not interfere with site navigation, change user preferences, initiate downloads, or distribute viruses.
    2. A Publisher using WhatJobs content may not use this content to activate pop-ups, change browser settings, redirect users to unwanted sites, or interfere with regular site navigation.
  9. The Publisher must ensure that alternative ad networks and third-party publishers may not use any mentioned method to drive traffic to pages containing WhatJobs Ads.
  10. WhatJobs has the right to vet prospective Publisher websites before the commencement of the Agreement and may carry out random checks throughout the duration of the Agreement to ensure compliance with this Agreement.
  11. WhatJobs will ensure that Ads shown on its platform to be displayed on Publisher website(s) have been published by Advertiser(s) with Content related to job search and career-related activities.
  12. WhatJobs’s purpose for publishing Ads on Publisher website(s) is exclusively to increase traffic to Ads published by Advertisers.
  1. Cookies
    1. WhatJobs will use cookies or other tracking devices it may consider necessary to track and identify the Valid Clicks generated by the Publisher to WhatJobs Ads.
    2. The Publisher will allow any methods necessary to store and manage cookies or other tracking devices required by the WhatJobs Publisher Program.
    3. Any methods used by the Publisher to block or otherwise tamper with or manipulate WhatJobs’s tracking devices may affect the publisher’s payments and constitute a breach of this Agreement.
    4. The Publisher acknowledges that WhatJobs’s tracking devices will not track a Session if the device or computer used by an otherwise Valid User has disabled the tracking of cookies or other tracking devices.
  2. Payment to Publisher
    1. The Publisher will be paid a commission payment from WhatJobs based on Valid Clicks from the Publisher’s website to the Ad.
      1. The number of Valid Clicks submitted to the Publisher’s website(s) from Valid Users will be determined solely by WhatJobs.
      2. The payment per Valid Click is variable and dependent on revenue received by WhatJobs from its Advertiser(s).
    2. WhatJobs will make payments to Publishers participating in the WhatJobs Publisher Program will be determined solely by WhatJobs using an algorithm developed and managed by WhatJobs.
    3. Publishers shall not receive remuneration for transactions carried out by any third party acting on behalf of the registered Publisher.
    4. WhatJobs will identify the commission payment to the Publisher by tracking Valid Clicks made by Valid Users on Qualifying Links.
    5. WhatJobs will not pay for Impressions where WhatJobs have not recognized valid Clicks.
    6. Publishers shall not receive remuneration for any clicks deemed artificial or fraudulent.
      1. Faked or fraudulent clicks may include:
  1. Any method which artificially increases the activity on the Publisher website(s), WhatJobs’s website, or the website maintained by the Advertiser.
  2. Clicks generated by the Publisher or by any third party directly or indirectly affiliated with the Publisher.
  3. Any procedure forces an otherwise Valid User to click on an ad or link to access website Content.
  4. Any procedure that encourages an otherwise Valid User to click on ads or links artificially.
  5. Any action, method, or procedure that could be considered spam.
  6. Any other action, method, procedure, or technique that generates impressions or clicks automatically or fraudulently according to industry best practice or by WhatJobs itself.
  7. Suppose the Publisher is deemed to be using artificial or fraudulent methods as specified in section 4.5.1. WhatJobs reserves the right to immediately terminate this Agreement and reclaim any monies already paid to the Publisher for clicks that may have been artificially or fraudulently created.
  1. WhatJobs will use its algorithm to ascertain the number of Valid Clicks from Publisher websites for payment to the Publisher.
    1. No dashboard reporting, third-party tracking, or any other method of click counting shall be considered by WhatJobs to ascertain Valid Clicks or remuneration.
  2. WhatJobs shall pay the Publisher within thirty days of the last day of each calendar month with the following condition(s):
  1. No fraudulent or artificial methods have been detected.
  2. The amount owing to the Publisher is at least fifty US dollars ($50)
  1. If the amount due to the Publisher is less than fifty USD, the balance will carry over to the next calendar month until the balance is at least $50.
  2. When the balance reaches $50, the balance will be paid in the following calendar month.
  3. If the Publisher does not claim the balance within 180 days, WhatJobs reserves the right to withhold monies owed.
  1. The Publisher is solely responsible for providing and maintaining accurate and valid contact and payment information associated with their Publisher account.
    1. If the Publisher has provided incorrect contact and payment information, WhatJobs has no responsibility for incorrect payments, and no refunds will be issued.
  2. The amounts paid to the Publisher are dependent on the payments received by WhatJobs from its Advertiser(s).
    1. WhatJobs is under no obligation to pay the Publisher if remuneration is not received from the relevant Advertiser(s) until such a time as payment has been recovered from the Advertiser(s).
  3. WhatJobs may withhold any payments to the Publisher if the Publisher is suspected of breaching this Agreement.
  4. If the Publisher is found to breach this Agreement, all payments shall be withheld, and WhatJobs shall have no further liability financial or otherwise to the Publisher.
  5. WhatJobs has no liability nor responsibility for paying any tax, bank, fees, or currency commissions on behalf of the Publisher.
    1. Payment shall always be made in USD.
    2. The Publisher assumes complete and total responsibility for the payment of any tax, bank, or currency commissions that are the Publisher’s responsibility arising from the Publisher’s participation in the WhatJobs Publisher Program.
  1. Varying this Agreement
    1. This Agreement may not be varied by the Publisher, except in writing, in a separate document specifically referencing the terms to be varied and with the signed agreement of representatives from both WhatJobs and the Publisher.
      1. Telephone Video, VOIP, chats, or email exchanges shall not amend this Agreement.
      2. Any variances made by the Publisher must be sent in writing to WhatJobs’s business address and will not constitute part of this Agreement until the return of the signed agreement by a WhatJobs representative.
    2. WhatJobs reserves the right to update this Agreement at any time according to business and industry needs.
      1. The new terms will be updated on the WhatJobs website and sent by email to registered Publishers if the Agreement is updated.
      2. New Agreement(s) updated by WhatJobs will supersede any previous Agreements on the date published.
  2. Level of Service
    1. The Publisher acknowledges that WhatJobs does not guarantee the number of Impressions and Valid Clicks on an Ad from the Publisher’s Website(s) to WhatJobs.
      1. In consequence to 7.1. WhatJobs does not guarantee a minimum payment.
      2. WhatJobs’s level of service and payment to the Publisher is entirely dependent on:
  1. Ads received by WhatJobs from the Advertiser and published by the Publisher on Publisher Property;
  2. Payment received by WhatJobs from the Advertiser; and
  3. The number of Valid Clicks detected by WhatJobs’s algorithm from the Publisher to WhatJobs Ads.
  1. Indemnity
    1. The Publisher undertakes to indemnify and keep indemnified WhatJobs concerning any liabilities, losses, damage, or expenses (including reasonable costs) whatsoever arising or incurred by WhatJobs as a result of any breach by the Publisher of the Publisher’s obligations hereunder or arising out of any use by the Publisher of the Data or the Materials (except to the extent arising as a direct result of any breach of WhatJobs’s obligations under this Agreement).
    2. Subject to Paragraph 8, WhatJobs warrants that any services provided by WhatJobs to the Publisher will be undertaken in a good and workmanlike manner.
  2. Limitation of Liability
    1. WhatJobs is not responsible for the solvency and payments made by Advertisers who may affect payments made by WhatJobs to the Publisher.
    2. Notwithstanding anything contained in this Agreement, except in respect of death or personal injury caused by WhatJobs’s negligence, WhatJobs will not be liable for any consequential, economic, or indirect loss or any loss of profits, loss of revenue, loss of contracts, or loss of anticipated savings arising in any way in connection with the supply or non-supply of the Data or Materials to the Publisher.
    3. If WhatJobs gains knowledge, in any shape or form, directly or indirectly, that the Publisher is using the services provided by WhatJobs to infringe on applicable laws. With fraudulent, illicit, or unauthorized intentions, WhatJobs may adopt any measure it considers necessary to prevent the continuation of any illegal, fraudulent, or unauthorized actions.
      1. In reference to Clause 9.3. actions taken by WhatJobs may include:
  1. Immediate suspension of this Agreement without notice or communication from WhatJobs to the Publisher.
  2. Consultation with appropriate administrative or judicial authorities in the relevant locations or jurisdictions without notice or communication from WhatJobs to the Publisher.
  3. Immediate termination of this Agreement without notice or communication from WhatJobs to the Publisher and with total indemnity for WhatJobs regarding this Agreement and any other between the Publisher and WhatJobs.
  4. WhatJobs is not responsible for the late, erroneous, or defective provision of Ads to the Publisher, including:
  1. Interruption and error or cessation and inadequate provision of services included in this Agreement due to Internet maintenance operations in any location.
  2. Interruption or error and cessation and inadequate provision of services included in this Agreement due to faults in electrical supply in any location.
  3. Reduction in the quality of provision of services included in this Agreement due to any reasons not directly attributable to WhatJobs.
  4. Administrative or judicial decisions or changes to legislation, regulations, or codes of practice.
  5. Reduction in the quality of provision of services included in this Agreement due to human error by representatives of WhatJobs, the Publisher, or any third party.
  1. The Publisher shall not seek to make claims, financial, legal, or otherwise, against WhatJobs to reduce service provision. These clicks have been identified by any source other than WhatJobs’s algorithm or loss/reduction of predicted profits.
  2. The Publisher has complete and direct responsibility to ensure all necessary diligence and security measures, including obtaining it is own up-to-date, periodically updated backups of all relevant and sensitive information that the Publisher manages or archives.
    1. Any loss of information or potential earnings, or other harms or damages suffered by WhatJobs due to the Publisher not fulfilling its responsibilities identified in Clause 8.6 will be the Publisher’s responsibility. It may be subject to claims for compensation.
  3. WhatJobs will be responsible for harms and damages directly, solely, and exclusively due to actions taken by WhatJobs alone that this Agreement has not excluded.
  4. Claims made against WhatJobs by the Publisher are limited in all cases to:
  1. An amount proportional to the damages incurred;
  2. Which does not exceed the amount paid to the Publisher in the month immediately before the damages were incurred.
  1. Confidentiality
    1. All confidential information was given by either Party to the other or otherwise obtained shall be treated by the other Party, its employees, and sub-contractors as confidential and shall not be used other than for the benefit of the disclosing Party or the furtherance of each Party’s obligations under this Agreement.  The preceding applies notwithstanding that such Confidential Information may have been disclosed before this Agreement.
    2. Except for Clause 9.3. each Party undertakes not to disclose, without the prior consent in writing of the other, Confidential Information belonging to or disclosed by the other in whole or in part to any other person save those of its employees, agents, and contractors who are engaged in performing the provision or receipt of that Party’s obligations under this Agreement and have a reasonable need to know such information, and to its board members, professional advisers and auditors who have a practical need to know such information to advise the Company or otherwise carry out their duties.  Each Party undertakes to use the Confidential Information belonging to or disclosed by the other, solely in connection with the performance of this Agreement and not for its benefit or the benefit of any third party.
    3. The Publisher will provide any necessary security, organizational, digital, or physical measures necessary to ensure that only the Publisher’s authorized personnel may access the WhatJobs Publisher Program.
    4. The Publisher is obliged to safeguard all property rights and Confidential Information relating to WhatJobs, of any kind, in any format or medium and to guarantee the integrity and confidentiality of all information.
    5. The obligation of confidentiality will be indefinite and continue even after the termination of this Agreement.
    6. WhatJobs will have the right to claim the totality of harms and damages that may occur due to a breach of confidentiality on the Publisher’s part or any party affiliated with the Publisher from the Publisher.
    7. The Publisher will commit to ensuring all parties affiliated with the Publisher, including workers, employees, contractors, sub-contractors, etc., are aware of and comply with the terms of confidentiality within this Agreement.
  2. Duration
    1. This Agreement has an indefinite duration, except for updates to this Agreement as identified in Clause 6.2.
    2. Except for events identified in Clause 9.3, WhatJobs may terminate without prior communication. Either Party may terminate this Agreement by communicating the intention to quit with advance notice of seven days, either:
  1. By email; or
  2. By letter sent by recorded delivery.
  1. The contract’s termination date will be the date that notice was given by WhatJobs or the date that message was received by WhatJobs plus seven calendar days.
  2. All rights and obligations between the Parties, including any final payments, will be settled within thirty days of the last day of the month in which the termination date was agreed.
  1. Force Majeure
    1. Neither party shall be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, an act of governmental authority, an act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond the reasonable control of the party delayed.
  2. Notifications
    1. Notifications from WhatJobs regarding the WhatJobs Publisher Program will be sent to the email address provided by the Publisher at the time of signing up.
    2. It is the Publisher’s responsibility to ensure that WhatJobs are aware of any changes to the Publisher’s email address.
    3. Notifications from the Publisher to WhatJobs regarding this Agreement may be sent:
  1. By email; or
  2. By letter sent by recorded delivery to WhatJobs’s registered address.
  1. Third-Party Rights
    1. The Publisher may not delegate or transmit, directly or indirectly, the rights and obligations within this Agreement to any other party without explicit and prior written consent from WhatJobs.
    2. This Agreement cannot, under any circumstances, create or bestow rights and profits to any third party.
  2. Non-compliance and Independence
    1. If either Party does not comply with the obligations, commitments, dispositions, terms, conditions, clauses, or pacts detailed within this Agreement, the harmed party may:
  1. Inform the non-complying Party that compliance is required within fourteen days; or
  2. Terminate the present Agreement following the terms set out in Clause 11.2.
  3. Unless the harmed Party has detailed the suspected non-compliance and allowed an opportunity for rectification without affecting other provisions contained in this Agreement, the harmed Party may not request compensation for any harms and damages that suspected non-compliance may have occasioned.
  1. Each Party is directly responsible for complying with all obligations contained within this Agreement.
  2. This Agreement does not constitute any association, alliance, partnership, or working relationship beyond the scope of this Agreement; each Party is and remains an independent entity.
  3. Law and Jurisdiction
    1. This Agreement is governed by and shall be construed following local laws and jurisdictions.
    2. The Parties unconditionally submit to the exclusive jurisdictions of the local courts and laws.