This Affiliate Agreement hereinafter referred to as "Agreement," is entered into and made effective between you the “Affiliate and “The Chamber”
In consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
- The Affiliate will ensure its best efforts to provide the Affiliate services to “The Chamber” for the candidates applying for various Jobs
- The Affiliate shall maintain the candidates file for each candidate containing the relevant documents of the candidate that will be available upon request by “The Chamber”
- The Affiliate and their branches will help to source qualified candidates and help “The Chamber” for the following:
- Screening candidates.
- Conduct an Initial Phone Interview.
- Assistance with Scheduling Interviews.
- Job Offer Assistance & Negotiating.
- Candidate’s Reference Check.
- Candidate’s Background Checks.
- Candidate’s Resume Review.
- Candidate’s Job Search.
- The Affiliate will help answer the candidates’ queries and help them through the entire process.
- The Affiliate will use their best efforts to match the skills and experience levels of the candidates to the specific needs of “The Chamber”.
- The Affiliate shall always refrain to guarantee any job or promise to the candidates for the recruitment by “The Chamber”, if they do so, it will be their complete liability, and “The Chamber” hereby expressly disowns any liability of any candidate’s recruitment.
- The Affiliate may help the candidates use their computer or make payments on behalf of the candidates who do not have a credit/debit card.
- The Affiliate shall comply with all applicable laws and shall ensure that each candidate it refers to the “The Chamber” is eligible for the job and fully complies with all required applicable laws.
- The Affiliate will always comply with the terms and conditions of “The Chamber” and Standards for the reference of the candidates for the jobs.
- The Affiliate understands that by virtue of this Agreement they are not authorized as an employee or legal representative of “The Chamber”. The status of the Affiliate at all times will continue to be that of an Independent Contractor with the “The Chamber”.
- The Affiliate is an independent company and shall perform the Services for “The Chamber” independently in accordance with the terms and conditions of this agreement.
- “The Chamber” will take no steps to recruit any candidate as its own employees provided by the Affiliate during the term of this Agreement.
- “The Chamber” shall provide sufficient information about its specific needs to the Affiliate so that they can match the skills and experience of the candidates to those needs.
- It will be in the sole discretion of the hiring/recruiting company to terminate any candidate assigned by the Affiliate if he is Incompetent, negligent, or has engaged in misconduct, the hiring/recruiting company may require such person to leave its premises.
- The Affiliate will be paid $10 (ten) as a management fee per candidate referred by them.
- The Payment for the services will be paid directly into the designated bank account by the affiliate. All remittances will be made deducting any and all transaction charges
- Each party agrees to indemnify and hold the other, including directors, agents, and workers, harmless from all claims, suits, judgments, and demands in the performance of the duties provided in this Agreement. Each party shall give the other immediate written notice of any claim, suit or demand, which may be subject to this provision. This provision shall survive the termination of the Agreement.
LIMITS ON LIABILITY
- “The Chamber” maximum liability to the affiliate arising out of or relating to the services rendered under this agreement, or any deliverable, whether in contract, tort including negligence or strict liability or under any other theory of liability, and whether or not the Affiliate has been advised of the possibility of such damages, is limited to the fees paid to the Affiliate preceding the incident giving rise to the liability.
- In no event will “The Chamber” have any liability to the Affiliate or any candidate for any loss or special, incidental, indirect, consequential, cover, or punitive damages however caused, whether in contract, tort (including negligence or strict liability), or under any other theory of liability, and whether or not the Affiliate or any candidate has been advised of the possibility of such damages.
- All notices shall be in writing and shall be addressed to the parties at their designated mailing address. Notices shall be effective upon receipt when delivered personally or upon mailing when properly addressed with postage prepaid.
- Both parties may receive information that is proprietary to or confidential to the other party and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law.
- This Agreement shall be governed by the respective laws of both the parties.
- This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
- None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party, only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision, or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
- If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
- This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.