LinkedIn 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 acting as a Staffing Agency or BPO, only to recruit individuals to become employees and consultants of its clients. “Staffing Agency” means a Customer that uses the Services to recruit on behalf of a third-party client using Customer's own name and/or logo, including without limitation, staffing agencies, executive search firms, and direct hire firms. “BPO” means a business process outsourcer Customer that recruits on behalf of a client using the client's name and/or logo, including without limitation, recruitment process outsourcers, managed service providers, and clinical research outsourcers. Customer will inform LinkedIn of its Staffing Agency or BPO 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. BPO purchases of Recruiter Corporate seats are governed by the master subscription agreement between LinkedIn and the BPO's client. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.2. Recruiter Professional
All capitalized terms in this section shall have the meaning assigned to them in these Service Terms and/or the LSA. Customer will use the Recruiter Professional Service and related services (“RPS”) and information about Members only to (i) recruit individuals to become employees and consultants of its clients and (ii) for Customer’s internal recruitment purposes, provided that only Staffing Agencies may use RPS. Customer will not, and will not permit Customers Users to, use RPS to recruit on behalf of a client using the client's name and/or logo, including (without limitation) through the use of the client’s name and/or logo in Customer Users’ LinkedIn.com profiles, Job Postings and/or LinkedIn InMails. Customer will inform LinkedIn of its Staffing Agency classification with a client before purchasing RPS, and Staffing Agency will promptly inform LinkedIn of any change in classification. In order to post a job for a position at a third-party entity, Customer must have an active contract in place with the third-party entity providing active recruiting services beyond job posting for the applicable position. 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. BPOs are prohibited from using the Recruiter Lite Service. Excluding BPOs, Customer’s and its Affiliates’ employees and individual contract workers paid directly by Customer or its Affiliates for services provided exclusively to Customer or its Affiliate (“Authorized Payroll Contractors”) are limited to a cumulative total of 20 Recruiter Lite seats. 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 will ensure that its Customer Users use the Recruiter InMail feature in accordance with LinkedIn’s Recruiter InMail Policy. Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.5. Job Postings, Job Posts, and Job Slots
All Postings must comply with the LinkedIn Jobs Policies as well as all applicable laws. We periodically update our policies; Customer acknowledges and agrees that LinkedIn may update and change its policies at any time without notice. Job Postings, Job Posts, and Job Slots Services (collectively, “Jobs Services”) are designed to help Customer reach quality candidates for job opportunities. Job Postings posted under available Job Slots or Job Posts will expire upon the expiration/termination of the ordering document. The Jobs Services allow Customer's postings to be served on properties (e.g., websites and mobile applications) of LinkedIn and enabled third parties. 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, “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”). In connection with our compliance and transparency efforts, we may (but do not have to) preserve and display copies of your Postings and information about them, including after the conclusion of your hiring campaign or termination of this Agreement. This information may include, but is not limited to, estimated impressions, the entity who paid for the post, and targeting parameters.
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. Additionally, LinkedIn, in its sole discretion, may limit the Customer’s ability to repost the same or materially similar roles (for example, limiting reposting to once a week) and may institute minimum durations that a role must remain in a Job Slot or promoted as a Job Post. Customer will not copy, duplicate, replicate, scrape or otherwise reproduce jobs from a hiring company’s website and upload them to LinkedIn as Postings without the hiring company’s prior knowledge and authorization. Where a hiring company informs LinkedIn that Customer has done so without its prior knowledge and authorization, LinkedIn reserves the right to remove such Postings immediately and without prior notice to Customer. Job Slots are limited to advertising of employment opportunities and may only be used by a) the direct employer or b) a Staffing Agency using RPS as defined in Sections 1.1 and 1.2 above. Customers whose primary business activity involves operating a technology platform that a) requires account creation or payment on Customer’s technology platform to apply for roles and/or b) is primarily used to match individual workers to work on behalf of a third party (whether contract or task-based) on the Customer’s platform (in each case a “Talent Platform”) are not eligible to purchase or use Job Slots. Talent Platforms include, without limitation, applicant-tracking systems, job boards, job aggregators, programmatic job advertising platforms, talent marketplaces, and other non-staffing talent services whether or not Customer also operates as a Staffing Agency. LinkedIn will determine a Customer’s Talent Platform status at its sole discretion. To resolve disputes and ensure compliance with our policies, LinkedIn may request additional information to verify the contractual relationship and permission to post jobs for third parties. 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:
· Provide identifiable candidate resume or application data to any other parties (except for Customer’s service providers (such as an applicant tracking system);
· “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;
· 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; or
· Except as expressly authorized by LinkedIn in writing, copy, modify or create derivative works of the Jobs Services or any related technology.
Customer’s breach of this Section will be deemed a material breach of the Agreement.
1.6. Career Pages
All Career page “traffic driver” ad impressions will launch within approximately 120 days from the Start Date in the ordering document, using social ad units and targeting generated by LinkedIn.
1.7. Talent Hub
[Note: Talent Hub Service is no longer offered]
1.8. Featured Job Credits
Customer will use the Featured Jobs Credits to increase job visibility by applying the credits to job postings in Customer’s Job Slots. Customer may apply one credit at a time to a job posting. Each credit will increase visibility on the job posting for 14 days unless ended early by Customer (by closing the job) and at such time, the credit will expire. LinkedIn does not guarantee results from the increased visibility when using the Featured Job Credits. Unused Featured Job Credits expire at the end of term of the applicable Order Form.
1.9 LinkedIn Hiring Assistant (LIHA)
Customer must maintain an active and ongoing subscription for Recruiter Corporate services that grants Customer access to at least the same number of Recruiter Corporate seats as the number of LIHA licenses purchased by Customer. The quantity of LIHA licenses purchased or in use by Customer must not at any time exceed the number of Recruiter Corporate seats purchased by the Customer. If at any point Customer’s active Recruiter Corporate seats are fewer than the LIHA licenses purchased , Customer must purchase additional Recruiter Corporate seats to comply with the required 1:1 ratio. LIHA license functionality is dependent on the Customer User’s access to an active LinkedIn Recruiter seat. LinkedIn may suspend or terminate LIHA Services if Customer fails to maintain an active Recruiter Corporate subscription or exceeds the permitted number of LIHA licenses. Each LIHA license includes defined monthly usage caps for certain LIHA actions Specifically, LIHA licenses include monthly usage caps for: (1) “Sourced Candidates”, which refers to candidates that LIHA saves to a project pipeline and (2) “Applicants Evaluated”, which refers to job applicant profiles that LIHA evaluates and annotates (e.g., marking an applicant “Not a Fit” or “Top Applicant”). The numeric cap for each category is set forth in the Order Form. These caps apply on a per-license basis and are not pooled or shared across licenses or months. Unused portions of the monthly caps do not roll over to future months and any unused quota expires at the end of each month. The monthly caps reset at the beginning of each calendar month (on the 1st day of the month) to the full allotment. If a LIHA license is purchased or activated in the middle of a month, the full monthly cap still applies for that partial month (i.e., caps are not prorated for partial months).
Except as otherwise provided in the Agreement and subject to any existing license reassignment caps, Customer may reassign a LIHA license from one Customer User to another Customer User (who has an active Recruiter Corporate seat); however, doing so will not refresh or reset that license’s monthly usage cap.
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
3.1. LinkedIn Learning
Customer will have access to the content on the LinkedIn.com platform only. Customer Users may only view the content online via the LinkedIn.com platform or by downloading the content for offline viewing via the LinkedIn Learning mobile app. Customer may not violate the intellectual property or other rights of LinkedIn, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) using the word “LinkedIn” or our logos in any business name, email, or URL except as provided in the Brand Guidelines. Unless agreed to otherwise by the parties on the applicable ordering document, a Customer User must be a then current employee, Authorized Payroll Contractor, student or library patron depending upon the LinkedIn Learning service purchased by Customer. For the LinkedIn Learning service, the User Agreement will apply if Customer connects its LinkedIn Learning dashboard to its Customer Users' LinkedIn.com profiles. Customer User must be at least 16 years of age. Customer will designate a single master administrator (“Master Admin”). The Master Admin will have access to the reporting and management tools and will be able to establish full administrators and sub administrators with limited rights and access. Except as set forth below, 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. Customer retains sole responsibility for all content (including third-party content) uploaded or provided by Customer through our Services and will monitor, review, and remove such content. All content Customer uploads or provides through our Services must be owned or licensed to Customer. Only Customer will have access to such content. One LinkedIn Learning seat = One Customer User, and each seat is deemed used/active when a Customer User registers to access the content service. Each Customer User must have a unique identifier for a login, such as a unique email address or IP address. Aliases are not permitted. During each 12-month term of an ordering document, Customer may reassign 10 seats or 25% of the total number of seats purchased, whichever is greater. For LinkedIn Learning Campus, the number of seat reassignments is equal to 10 seats or 35% of the total number of seats purchased, whichever is greater. During the term of a LinkedIn Campus ordering document, should the Campus Customer exceed the total FTE count listed on the ordering document Customer may increase the FTE count with an executed, zero-dollar add-on ordering document. The add-on seats will co-term with the original order form. If the original ordering document is for a Partial Campus (a specific department on Campus) the additional zero-dollar seats requested must be used for said specific department only. LinkedIn Campus FTE quantities listed on the initial invoice represent the starting quantities that will be provisioned by LinkedIn.
3.1.1. LinkedIn Learning for Library
For each LinkedIn Learning for Library seat purchased by Customer, any Customer User who has a valid Customer’s library card, or pin/password, may access the LinkedIn Learning content via LinkedIn Learning for Library during the term of the order. The LinkedIn User Agreement will not apply to LinkedIn Learning for Library Customer Users. A Customer User is an individual designated by Customer that has (1) registered, received and maintains an active Customer library card/Customer Account and (2) who resides (maintains a valid address) in Customer’s geographical service location. Customer must verify that the individual resides in the Customer’s geographical service location. A Customer User may be a staff member even if the staff member does not reside in Customer’s geographical service location. Customer may only market the LinkedIn Learning for Library service to individual patrons of the Library. Customer or any government entity related to or associated with Customer will not market to any other groups, including but not limited to, any business, corporation, school district, school (including higher education such as universities or colleges), non-profits, and government agencies. Customer’s breach of the foregoing sentence will be considered a material breach of the Agreement. If LinkedIn determines that Customer or any other entity is marketing LinkedIn Learning for Library without permission, LinkedIn will terminate Customer’s order. Customer will not be able to establish sub administrators, upload content, reassign seats, or display or perform the content in a public setting, including a conference room or classroom.
4. INSIGHTS SERVICES
4.1. Custom Insights and Analytics Reports
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.
4.2. LinkedIn Talent Insights
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). LTI Data is derived from LinkedIn member profiles and company pages and is provided “as-is”. LinkedIn disclaims all liability regarding the quality, accuracy, completeness, and timeliness of the LTI Data. 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 Service or LTI Data to inform pre-investment activities and/or public security investment activities for itself or its end-clients. Notwithstanding anything written in the LSA or any other agreement between the parties, (a) only Customer and the specific Customer Affiliates to which Customer has purchased LTI Services on behalf of under this Order Form (“Authorized Affiliates”) will be eligible to use the LTI Services; and (b) Customer (including any successor-in-interest) shall not provision LTI Services to accommodate personnel arising in connection with a Change of Control. “Change of Control” means (i) the sale of all or substantially all of Customer’s assets to a third-party; (ii) any change in the ownership of more than 50% of Customer’s voting capital stock in one or more related transactions; (iii) Customer’s purchase of all or substantially all of a third-party’s assets; (iv) Customer’s purchase of more than 50% of a third-party’s voting capital stock in one or more related transactions; and (v) any Customer merger, consolidation, or acquisition with, by, or into another entity. Pricing for add-on LTI Services requested in connection with a non-authorized Affiliate or a Change of Control will be at LinkedIn’s then-current list rates. Customer’s breach of this Section 4.2 will be considered a material breach of the Agreement.
4.3. LinkedIn Sales Insights.
The LinkedIn Sales Insights (“LSI”) Service provides customers self-serve on-demand, real-time access to aggregated LinkedIn company data. LinkedIn, in its sole discretion, may adjust or decline to include certain company data in the LSI Service if LinkedIn believes the exposure of the company 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 LSI Service. LinkedIn retains ownership of all right, title, and interest to all content included in the LSI 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 LSI Service (“LSI Data”) for Customer’s internal use only. Customer shall not (i) publish externally or share the LSI Data with third parties without LinkedIn’s prior written approval in each instance; (ii) trade, sell/re-sell or otherwise monetize the LSI Service or LSI Data or access to the same, without LinkedIn’s written consent; (iii) scrape or aggregate the LSI Data for the purposes of creating a competing service; or (iv) use the LSI Service or LSI Data for talent acquisition. LSI Data is derived from LinkedIn company pages, and LinkedIn disclaims all liability regarding the quality, accuracy, completeness, and timeliness of the LSI Data. Should Customer’s Agreement or ordering document with LinkedIn specify a limit on the number of times LSI Data may be downloaded by Customer, such downloads must be completed during the contract term and may not be carried into a new contract period. If the term of Customer’s Agreement or ordering document is greater than 12 months, the download limit is fixed annually and any unused downloads may not be carried into the subsequent year of the Agreement or ordering document. Customer’s breach of this Section 4.3 will be considered a material breach of the Agreement. The LSI Service is non-cancelable and non-refundable.
5. 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 Authorized Payroll 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 may not resell, transfer access to, or otherwise monetize the Services without LinkedIn’s written consent. Customer’s breach of this Section will be deemed a material breach of this LSA.