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Drivers

© 2019 Monster, Inc., all rights reserved.  

Company

Last Updated:  May 2, 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 opening open Class A or B CDL driver positions on Better Thing.  While there is an opening from Company on Better Thing, Better Thing may utilize client branding and logos ("Company Materials") as part of recruiting and advertising efforts.  

  • Company must be responsive to Better Thing representatives and notify Better Thing if a Company interviews or hires a candidate.

  • Better Thing may close a Company position on Better Thing if the Company's point-of-contact is deemed non responsive or determined to be contacting, interviewing, or proposing employment offers without contacting Better Thing. 

  • 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. 

1.  USE

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 available interview times so that users of the Service (“Candidates”) can be provided with available interview times with Company.  If specified, the Company can utilize the number of interview slots specified in the Business Terms each month.  Only qualified candidates meeting the minimum requirements 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 been confirmed for an interview.  

2.  RESTRICTIONS

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

Use of certain aspects of the Service may require the use of third party services (each a “Third Party Service”).  Better Thing or its affiliated companies will notify Company in advance of any necessary Third Party Services. Company’s use of each Third Party Service is subject to and will require Company to agree to the applicable third party’s terms of use.

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.

6.  TERMINATION

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. 

7.  FEES

A.  SUBSCRIPTION FEES

Company shall pay Better Thing the monthly subscription fee, if any, specified in the Business Terms.

B.  INTERVIEW FEES

Company shall pay Better Thing the per interview fee ("Interview Fee"), if any, specified in the Business Terms for any candidate that completes a qualifying conversation ("Interview") with a representative from Company or its affiliates.  The Interview Fee will apply to any Candidate the Company interviews within 180 days after the most recent communication from Better Thing relating to the Candidate.  The Company shall pay Interview Fee within the number of days from the Candidate’s start date with Company as specified in the Business Terms.   

 

If Company circumvents the Service after discovering a Candidate through the Service and subsequently interviews Candidate within 180 days after the most recent communication from Better Thing relating to the Candidate, the Company will pay a fee equal to 150% of the Interview Fee specified in the Business Terms, and Better Thing may, in its sole discretion, terminate the Company's account.

C.  HIRE FEES

Company shall pay Better Thing the per hire fee ("Hire Fee"), if any, specified in the Business Terms for any Candidate:  (i) accepting an offer of employment and (ii) commencing such employment with the Company.  The per hire fee will apply to any Candidate the Company hires within 180 days after the most recent communication from Better Thing relating to the Candidate.  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.   IN THE CONTEXT OF THE PER HIRE FEE, 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.

If Company circumvents the Service after discovering a Candidate through the Service and subsequently hires Candidate within 180 days after the most recent communication from Better Thing relating to the Candidate, the Company will pay a fee equal to 150% of the Hire Fee specified in the Business Terms, and Better Thing may, in its sole discretion, terminate the Company's account.

8.  MISCELLANEOUS

Customer grants to Monster and its affiliates a royalty-free, fully paid up, non-exclusive and worldwide license to use, copy, reproduce, publish, perform, display, and distribute such Customer Material (in whole or in part) solely in connection with the Service provided during the term of this Agreement.  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, 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.