Last Updated: February 4, 2019
Better Thing for Employers
All Better Thing Clients ("Company") should receive an email welcoming to the Better Thing service and defining key business terms.
There is no charge for submitting open Class A or B CDL driver positions on Better Thing, provided Better Thing can utilize client branding and logos as part of recruiting and advertising efforts.
Employers must be responsive to Better Thing Experience Managers and notify Better Thing if a job offer is accepted by a driver candidate.
Better Thing may close an Employer position on Better Thing if the Employer's point-of-contact is deemed non responsive or determined to be contacting, interviewing, or proposing employment offers without contacting Better Thing.
Better Thing may agree to a replacement guarantee if the new driver hire doesn't make it past their first 15 days.
While the Better Thing service includes a pre-qualification screening of a driver candidate, including a recent MVR, employers remain responsible for their own pre-employment screening and due diligence regarding a hired candidate.
Business terms (“Business Terms”) applicable to the use of the Better Thing Service (“Service”) are set forth in the “Welcome to Better Thing” email sent to Company, including the length of Company’s initial subscription to the Service and the number of employees of Company that can access the Service. By using the Service, Company consents to the Business Terms and these terms and conditions. Company’s subscription to the Service will continue indefinitely until terminated. Company must provide interview slots in the Service so that users of the Service (“Candidates”) can register for an interview with Company. The Company can utilize the number of interview slots specified in the Business Terms each month. Only qualified candidates meeting the minimum requirement of the job opening will be able to schedule an interview in the Service. Company may reschedule but may not cancel an interview with a candidate who has registered for an interview.
IF COMPANY HAS PREVIOUSLY RECEIVED A CANDIDATE'S JOB APPLICATION ITSELF OR FROM ANOTHER SOURCE, COMPANY SHALL SO NOTIFY BETTER THING WITHIN 2 BUSINESS DAYS FROM THE TIME COMPANY LEARNS OF SUCH CANDIDATE THROUGH THE SERVICE.
Company acknowledges that use of the Service is provided only for Company’s own use in direct relation to Company’s own hiring needs, and agrees not to use the Service for the benefit of any third party. Company shall use any information or data received from Better Thing or its affiliated companies (“Data”), including but not limited to information about candidates for employment with Company (“Candidates”), solely in accordance with all applicable laws and solely for its own hiring needs, and shall not resell or transfer to any third party (other than to a service provider to Company) any Data. Customer shall take appropriate measures to protect the Data from loss, misuse, unauthorized access, disclosure, alteration or destruction.
3. THIRD PARTY SERVICES
4. INTELLECTUAL PROPERTY INDEMNITY
Better Thing shall fully indemnify, defend, and hold harmless Company, its affiliates, and their employees and agents, from and against all damages, claims, actions, losses, expenses or liabilities brought by a third party arising from or related to any claim or allegation that Company’s use of the Service infringes a U.S. patent or other U.S. proprietary right. As a condition to the foregoing Company must give prompt notice to Better Thing of any such claim, allow Better Thing full control of defense and settlement, and cooperate in defense and settlement.
5. LIMITATION OF LIABILITY
Neither party shall be liable to the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages. Monster’s maximum total liability under this Agreement will be limited to direct damages not to exceed the aggregate fees paid by Company to Better Thing in the twelve (12) months preceding the event upon which the claim is based.
Either party may immediately terminate this Agreement if the other party materially breaches this Agreement, which breach is not cured within ten (10) days after receipt of written notice thereof. Either party may terminate this Agreement and Company’s Subscription with thirty (30) days prior notice to the other party. The rights and responsibilities of the parties pursuant to Sections 2, 4, 5 and 7 of this Agreement shall survive termination of this Agreement.
Company shall pay Better Thing the monthly subscription fee specified in the Business Terms. Company shall pay Better Thing the per hire fee specified in the Business Terms for any Candidate: (i) accepting an offer of employment and (ii) commencing such employment with the Company. This fee will apply to any Candidate the Company hires within one (1) year of the date the Company first learned of the Candidate through the Service. IF COMPANY HAS PREVIOUSLY RECEIVED A CANDIDATE'S JOB APPLICATION ITSELF OR FROM ANOTHER SOURCE, COMPANY SHALL SO NOTIFY BETTER THING WITHIN 2 BUSINESS DAYS FROM THE TIME COMPANY LEARNS OF SUCH CANDIDATE THROUGH THE SERVICE. The Company shall pay hire fee within the number of days from the Candidate’s start date with Company as specified in the Business Terms.
Each party agrees with respect to its use or provision of the Services to comply with all applicable local, national and international laws, regulations and executive orders. This Agreement, and any disputes between Company and Better Thing relating to this Agreement, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts excluding its conflicts of laws principles. All notices given hereunder shall be given by first class mail, return receipt requested or overnight courier, to Company at the address provided by Company to Better Thing and to Better Thing, ℅ Monster Worldwide at 133 Boston Post Road, Weston, MA 02493, Attn: Legal Department or to , and shall be deemed given upon actual delivery thereof. No terms of this Agreement are enforceable by any person who is not a party to it.