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. Customer will not share any information regarding a LinkedIn Member’s Open to Opportunities status with that Member’s current employer. Customer’s breach of this Section will be deemed a material breach of the Agreement.
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.
1.9 LinkedIn Talent Insights Service.
1.9.1 General. The LinkedIn Talent Insights (LTI) Service provide customers self-serve on-demand, real-time access to aggregated LinkedIn Member profile data. LinkedIn, in its sole discretion, may adjust or decline to include certain Member profile data in the LTI Service if LinkedIn believes the exposure of the Member profile data may compromise the privacy of Members or other LinkedIn customers. LinkedIn will not release any underlying LinkedIn data or third-party data used in the LTI Service. LinkedIn retains ownership of all right, title, and interest to all content included in the LTI Service (including any associated intellectual property rights). LinkedIn hereby grants Customer a non-exclusive, perpetual, royalty-free, worldwide, non-transferable, non-sublicensable license to use, distribute, and display reports and data generated via the LTI Service (“LTI Data”) for Customer’s internal use. Customer shall not (i) publish externally or share the LTI Data with third parties without LinkedIn’s prior written approval in each instance; (ii) trade, sell/re-sell or otherwise monetize the LTI Service or LTI Data or access to the same, without LinkedIn’s consent; (iii) scrape or aggregate the LTI Data for the purposes of creating a competing service; or (iv) use the LTI Data for securities investing. LTI Data is derived from LinkedIn member profiles and company pages, and LinkedIn disclaims all liability regarding the quality, accuracy, completeness, and timeliness of the LTI Data. Customer is prohibited from provisioning any LTI seats to any (i) recruitment process outsourcer, media agency, or similar third party and (ii) Customer’s Affiliate, including its subsidiaries and parent company(s). Customer’s breach of this Section 1.9 will be considered a material breach of the Agreement.
1.9.2 LTI Service – Staffing: (i) the seat quantities listed on the order form represent the starting quantities that will be provisioned by LinkedIn; and (ii) Customer’s right to request add-on seats at no additional cost will not apply to seats requested to accommodate new employees that were hired by Customer in connection with the sale of all or substantially all of Customer’s assets; any merger, consolidation, or acquisition with, by, or into another entity; or any change in the ownership of more than 50% of the voting capital stock of Customer in one or more related transactions (“Change of Control”). Pricing for add-on LTI Service – Staffing seats requested in connection with a Change of Control will be at LinkedIn’s then-current list rates.
1.9.3 LTI Service - Talent Leader Package (“Talent Leader”): includes access to the LTI Service 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 LTI Service. User access to the LTI Services will expire upon the expiration of the ordering document.
2. SALES SERVICES
2.1 Sales Navigator. Customer may use the Sales Navigator Service only to generate sales leads. Customer may not use the Sales Navigator Service for recruiting purposes. 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
3.2 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 master administrator ("Master Admin"), and that Master Admin will have access to the reporting and management tools and will be able to establish sub administrators with limited rights and access. 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. If Customer uploads content (owned or licensed to Customer) on the LinkedIn Learning platform, only Customer will have access to such content. 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 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-transferable, 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. Insights Services will expire upon the expiration of the ordering document, and Insights Reports are deemed delivered the earlier of the: (i) actual delivery or (ii) the expiration of the ordering document.
5. MARKETING SERVICES
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
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. Without limiting any other rights LinkedIn possesses under the Agreement, if LinkedIn discovers that Customer Users are sharing seat access to the Services with other Customer employees or contractors who have not been provisioned access (each, an “Unauthorized User”), then LinkedIn will have the right to provision any unused seats purchased by Customer to the Unauthorized Users to remedy Customer’s breach. Customer’s breach of this Section will be deemed a material breach of this LSA.