SERVICE TERMS

The following Service Terms apply to Customer to the extent the specific Service is included in the applicable ordering document. LinkedIn may update these Service Terms from time to time. LinkedIn reserves the right to upgrade, update or discontinue any aspect or feature of a Service in whole or in part; provided, however, that if LinkedIn discontinues a Service in whole during the term of an ordering document, then LinkedIn will provide Customer with an alternative or replacement service.

1. TALENT SERVICES

1.1    Recruiter Corporate. Customer will use the Recruiter Corporate Service (and related services) and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is a Staffing Agency or RPO, only to recruit individuals to become employees and consultants of its clients. "Staffing Agency" means a staffing agency Customer that recruits on behalf of a client using its own name and/or logo. "RPO" means a recruitment process outsourcer Customer that recruits on behalf of a client using the client's name and/or logo. Customer will inform LinkedIn of its Staffing Agency or RPO classification with a client before purchasing the Recruiter Corporate Service, and Agency will promptly inform LinkedIn of any change in classification. Staffing Agency purchases of Recruiter Corporate seats are governed by the master subscription agreement between LinkedIn and Staffing Agency. RPO purchases of Recruiter Corporate seats are governed by the master subscription agreement between LinkedIn and the RPO's client. Customer’s breach of this Section will be deemed a material breach of the Agreement.

 1.2     Recruiter Professional. Customer will use the Recruiter Professional Service (and related services) and information about Members only to recruit individuals to become employees and consultants of its clients. Only Staffing Agencies may use the Recruiter Professional Service. Customer will inform LinkedIn of its Staffing Agency classification with a client before purchasing the Recruiter Professional Service, and Staffing Agency will promptly inform LinkedIn of any change in classification. Customer’s breach of this Section will be deemed a material breach of the Agreement.

1.3     Recruiter Lite. Customer will use the Recruiter Lite Service (and related services) and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is a Staffing Agency, only to recruit individuals to become employees and consultants of its clients. RPOs are prohibited from using the Recruiter Lite Service. Customer’s breach of this Section will be deemed a material breach of the Agreement.

1.4     Additional Terms for Recruiter. Recruiter seats may be reassigned in accordance with the terms set forth on the Recruiter Help Portal.

1.5    Job Postings & Job Slots. The Job Postings and Job Slots Services (collectively, the “Jobs Services”) are designed to help Customer reach quality candidates for job opportunities. Job Postings posted under available Job Slots will expire upon the expiration/termination of the ordering document. Customer is responsible for (i) all postings and content through the Jobs Services or otherwise to LinkedIn, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, the “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”). Customer may not resell or transfer access to the Jobs Services to any other party. Each Posting must be for 1 job opportunity; it is not permitted for a Posting to solicit applications for more than one position. Customer agrees that it will not, and will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:

  • Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed;
  • Create Postings that intentionally misrepresent the job, hiring company, or poster;
  • Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation;
  • Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based;
  • Provide identifiable candidate resume or application data to any other parties.“Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting;
  • Harass, stalk, or contact any applicant after they have asked not to be contacted;
  • Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws;
  • Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.Soliciting employees by intentional misrepresentation;
  • Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in Customer’s state or country, the state or country where the job is to be performed, or the applicable laws of the jurisdiction that governs the LSA between the parties;
  • Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work;
  • Engage in illegal or fraudulent conduct;
  • Except as expressly authorized by LinkedIn in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from LinkedIn’s websites;
  • Except as expressly authorized by LinkedIn in writing, copy, modify or create derivative works of the Jobs Services or any related technology; or
  • Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of LinkedIn or a third party.

1.6    Career Pages. All Career page "traffic driver" ad impressions will launch within 90 days from the Start Date in the ordering document, using social ad units and targeting generated by LinkedIn.

1.7    Referrals. Customer will use  the Referrals Service and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates. The Referral Service must integrate with Customer’s ATS. The Referrals Service will only operate with certain third party ATSs, as specified in the ordering document.

1.8    Recruiter Certification Exam Vouchers. Recruiter Professional Certification Exam Vouchers will be distributed to Customer’s designated point of  contact stated in the ordering document. Exam Vouchers expire 12 months from the Start Date stated in the ordering document (“Expiration Date”). Exams must be taken on or before the Expiration Date. Customer will not receive any refunds or credits if Customer fails to use Exam Vouchers prior to the Expiration Date. Only Customer’s employees or consultants may use Exam Vouchers. Customer is prohibited from reselling Exam Vouchers to any third party. All Exam Vouchers must be redeemed through Webassessor, may only be redeemed once, and may not be applied to exam retakes. Once an exam is scheduled, it can only be rescheduled with at least 72  hours’ advance notice via Webassessor and additional fees may apply. To reschedule or cancel scheduled exams outside the 72-hour window, Customer must contact the LinkedIn Help Center. LinkedIn does not guarantee that candidates will pass their exams. If a candidate does not pass their exam and wishes to retake it, Customer must pay additional fees. Government employees (including military employees of public education institutions) are not eligible to purchase Exam Vouchers per government gift and ethics laws.

2. SALES SERVICES

2.1    Sales Navigator. Customer may use the Sales Navigator Service only to generate sales leads. Customer will have access to Sales Navigator value-add services for the Term of the ordering document. No refund or credit will be provided if the value-add services are not used during the Term of the ordering document.

3. LEARNING SERVICES

3.1    Lynda.com. Customer will have access to the content on the lynda.com platform only. A Customer User may be an employee, contractor, student or library patron depending upon the Lynda.com service purchased by Customer. For Lynda.com Customers only, the User Agreement does not apply. Customer will designate a single administrator and that administrator will have access to the reporting and management tools. Customer may only display or perform the content in a public setting, including a conference room or classroom, if Customer has purchased seats for all Customer Users. Users of the content are subject to the Lynda.com Privacy Policy. Updates to the Lynda.com Privacy Policy are effective immediately upon posting to the website. If Customer is a school with children in any grade between kindergarten and twelfth grade, or a school district, Customer represents and warrants that it will not allow a child under the age of 13 to access the content unless Customer has obtained written permission from the child’s parent or legal guardian. Customer will promptly provide documentation of the permission upon LinkedIn’s request. These additional Lynda.com Usage Terms apply to Customer’s use of the content.

3.2    LinkedIn Learning. Customer will have access to the content on the linkedIn.com platform only. A Customer User may be an employee, contractor, student or library patron depending upon the LinkedIn Learning service purchased by Customer. For the LinkedIn Learning Service, the User Agreement will apply only if Customer connects its LinkedIn Learning dashboard to its Customer Users' LinkedIn.com profiles. Customer will designate a single administrator and that administrator will have access to the reporting and management tools. Customer may only display or perform the content in a public setting, including a conference room or classroom, if Customer has purchased seats for all Customer Users. These additional LinkedIn Learning Usage Terms apply to Customer’s use of the content.

4. INSIGHTS SERVICES

LinkedIn may generate certain insights and analytics reports on Customer's behalf or provide Customer with the ability to generate such insights and analytics reports under a self-service model, which are derived from aggregating applicable Member profile data (“Insights Reports”). LinkedIn, in its sole discretion, may adjust or decline to include certain Member profile data in Insights Reports if LinkedIn believes the exposure of the Member profile data may compromise the privacy of Members or other LinkedIn customers. Insights Reports generated by LinkedIn on Customer's behalf are considered delivered on the date the Insights Reports are sent to Customer, even if LinkedIn provides additional analysis of the Insights Reports at a later date (e.g. responses to follow-up questions, modifications, etc.). LinkedIn will not release any underlying LinkedIn data or third-party data used to generate Insights Reports. LinkedIn retains ownership of all right, title, and interest to all content included in the Insights Reports (including any associated intellectual property rights). LinkedIn hereby grants Customer a non-exclusive, perpetual, royalty-free, worldwide, non-transferrable, non-sublicensable license to use, distribute, and display the Insights Reports for Customer’s non-commercial activity. Customer will be prohibited from externally publishing Insights Reports or sharing Insights Reports with third parties without LinkedIn prior written approval in each instance. LinkedIn may include Customer’s name and logo, and the Member profile data of Customer's employees, in Insights Reports for other LinkedIn customers. For the Talent Insights – Enterprise Services only, (i) the seat quantities listed on the invoice represent the starting quantities that will be provisioned by LinkedIn; (ii) Customer Affiliates will be prohibited from accessing and/or using seats purchased by Customer; and (iii) Customer’s right to request add-on seats at no additional cost will not apply to seats requested to accommodate new employees hired in connection with a merger with a third party or an acquisition of all or substantially all of a third party’s assets or stock (“Change of Control”). Pricing for add-on Talent Insights – Enterprise seats requested in connection with a Change of Control will be at LinkedIn’s then-current list rates. The Talent Insights - Talent Leader Package (“Talent Leader”) includes access to the Talent Insights Services for all Customer Users who have active Recruiter Corporate seats; provided, however, that if Customer declines to renew any Customer User’s Recruiter Corporate seat during the term of its Talent Leader order, then LinkedIn will terminate that Customer User’s access to the Talent Insights Service.
  

5. MARKETING SERVICES

5.1    Ads. Customer authorizes LinkedIn to place advertisements purchased by Customer (“Ads”) containing artwork, copy, active URLs, and other advertising material and technology provided by Customer (“Advertising Materials”) on LinkedIn websites and/or third-party network websites (subject to Customer electing to enable or disable the delivery of Ads on third-party network websites https://www.linkedin.com/help/linkedin/answer/83628) (collectively, the “Site”). Customer will submit to LinkedIn all Advertising Materials for Ads in accordance with LinkedIn’s Advertising Specifications and Guidelines (collectively, “Ad Policies”). Customer will obtain all necessary rights, consents, licenses and clearances for LinkedIn to include the Advertising Materials in Ads. LinkedIn reserves the right, in its sole discretion, to reject or remove from the Site any Ads for which the Advertising Materials or the website to which the Ad is linked (i) do not comply with the Ad Policies; (ii) do not comply with any applicable law, regulation, other judicial or administrative order, or industry self-regulatory principles; or (iii) may tend to bring, disparagement, ridicule, or scorn upon LinkedIn or its Affiliates. LinkedIn will use all Ads in compliance with this Agreement and any written instructions provided on the ordering document. LinkedIn’s measurements are the definitive measurements for calculating fees. Third party impression tracking is unavailable for Ads. LinkedIn and its affiliates may participate in ad placing auctions to promote its own services or otherwise communicate to its users. LinkedIn makes no guarantees as to (a) the results or distribution of any Ads in any manner; or (b) any number of sends, impressions, opens or clicks. No make goods or credit will be provided to Customer. LinkedIn does not screen or attempt to verify the accuracy of any information on the site or in the Member profiles, and, as such, does not guarantee the identity or Personal Data of the individuals who will view the Ads purchased by Customer. Unless agreed to otherwise by LinkedIn, Customer will pre-pay for Ads, and the Ads are non-cancellable and non-refundable. Ads will expire upon the expiration of the ordering document, and impressions are deemed delivered the earlier of the: (i) actual delivery or (ii) the expiration of the ordering document. As provided in LinkedIn’s Privacy Policy, LinkedIn may use device identifiers obtained on and off the LinkedIn website for Ads, including to determine which devices Members may use and serve advertisements to them on their different devices. LinkedIn and Customer will each prominently post a complete and accurate privacy policy on their respective websites and mobile applications, including information regarding cross-device tracking and advertising targeting.

    5.1.1    Sponsored Jobs and Sponsored Updates. Sponsored Jobs and Sponsored Updates are Ads sold under an auction model. The auction is a generalized second price auction and Customer only has to pay just enough to beat the second highest bidder. For example, if the winning advertiser has a bid of ten ($10) dollars cost-per-click, but the next highest bid is seven ($7) dollars, the winning advertiser only pays $7.01. The second price method allows each advertiser to bid the absolute maximum they are willing to pay for the Ad. LinkedIn will charge enough to enable the highest price to be paid to win the auction.  

    5.1.2    Work With Us Ads. Work With Us Ads will launch within 3 days from the Start Date in the ordering document using a default ad unit configured by LinkedIn, unless otherwise agreed in writing by LinkedIn. LinkedIn cannot identify all Members at a specific company because of company name inconsistencies. Inconsistencies arise because a Member can fill-out their “Company Name” field by either selecting a company name from a pre-existing list generated by the LinkedIn system or typing in their own custom company name. LinkedIn can only identify Members who have selected a company name from the pre-existing list.

5.2    Elevate. Customer will maintain a social media policy and ensure that its  personnel comply with the policy. Only Customer's designated curator(s) is/are authorized to post content to the Elevate Service. Customer Users who are not curators may only read and forward content. Customer will  ensure that it owns or has the necessary licenses, rights, and consents to the content it posts to the Elevate Service.

5.3    Pipeline Builder. Customer will use the Pipeline Builder Service and information about Members only to recruit individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is an approved agency, only to recruit individuals to become employees and consultants of its clients.  

6. CONNECTIFIER SERVICE

Customer’s use of the Connectifier Service provided by Connectifier, Inc. is governed by the Connectifier Terms of Use. The Connectifier Service is included as a value-added service for Customers who purchase the Recruiter Corporate Service.

7. ADDITIONAL REQUIREMENTS

For the Recruiter, Referrals, Sales Navigator, LinkedIn Learning, and Talent Insights Services, Customer (a) will designate in writing one Customer User for each seat it purchases; (b) will promptly provide to and maintain with LinkedIn accurate contact information for each Customer User; and (c) will not, and will not permit a Customer User to, share a Customer User’s access to the Services with any other individual. Except as described in Sections 1.4 (Additional Terms for Recruiter) and 3 (Learning Services), in the event a Customer User ceases employment, takes any type of leave or vacation, or transfers work function, Customer may transfer the Customer User's seat to a different Customer User. LinkedIn reserves the right to limit the number of transfers of each seat. Customer’s breach of this Section will be deemed a material breach of this LSA.

LinkedIn Confidential and Proprietary

Last Updated: February 6, 2018