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SpringPath Services Policy

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

1. TALENT SERVICES

1.1. Recruiter

Customer will use the Recruiter Service (and related services) and information about Members only to recruit individuals to become students, employees and consultants of Customer or its Affiliates, or, if Customer is acting as Advertising Agency, only to recruit individuals to become employees and consultants of its clients. “Advertising 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, advertising agencies, executive search firms, and direct hire firms. Customer will inform SpringPath of its Advertising Agency classification with a client before purchasing the Recruiter Service, and Agency will promptly inform SpringPath of any change in classification. Advertising Agency purchases of Recruiter seats are governed by the master subscription agreement between SpringPath and Advertising Agency. Customer’s breach of this Section will be deemed a material breach of the Agreement.

2 TALENT MEDIA SERVICES

2.1. General

Customer authorizes SpringPath to place advertisements (“Talent Media”) containing artwork, copy, active URLs, and other advertising material and technology provided by Customer (“Advertising Materials”) on SpringPath websites and/or third-party network websites, subject to Customer electing to enable or disable the delivery of Talent Media on third-party network websites.  Customer will submit to SpringPath all Advertising Materials for Talent Media in accordance with SpringPath’s Ad Policy. Customer will obtain all necessary rights, consents, licenses and clearances for SpringPath to include the Advertising Materials in Talent Media. SpringPath reserves the right, in its sole discretion, to reject or remove from the Site any Talent Media for which the Advertising Materials or the website to which the Talent media 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 SpringPath or its Affiliates. SpringPath will use all Talent Media in compliance with this Agreement and any written instructions provided on the ordering document. SpringPath’s measurements are the definitive measurements for calculating fees. Third party impression tracking is unavailable for Talent Media. SpringPath and its Affiliates may participate in ad placing auctions to promote its own services or otherwise communicate to its users. SpringPath makes no guarantees as to (a) the results or distribution of any Talent Media in any manner; or (b) any number of sends, impressions, opens or clicks. No make goods or credit will be provided to Customer. SpringPath 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 Talent Media purchased by Customer. Unless agreed to otherwise by the parties on the applicable ordering document: (i) Customer will pre-pay for Talent Media; (ii) Talent Media is non-cancellable and non-refundable; (iii) Talent Media will expire upon the expiration of the ordering document; and (iv) impressions are deemed delivered the earlier of (a) actual delivery or (b) the expiration of the ordering document. As provided in SpringPath’s Privacy Policy SpringPath may use device identifiers obtained on and off the SpringPath website for Talent Media, including to determine which devices Members may use and serve advertisements to them on their different devices. SpringPath 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.

5.2. Recruitment Ads, Sponsored Jobs and Sponsored Updates

Recruitment Ads, Sponsored Jobs and Sponsored Updates are Talent Media 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 Talent Media. SpringPath will charge enough to enable the highest price to be paid to win the auction.