Media Services Term Sheet

Last Updated: April 7, 2023

The following terms and conditions (“Term Sheet”) apply to Media Services products and services and are incorporated by reference into the applicable Service Order and form part of the Agreement with the Client, along with JobTarget’s General Terms and Conditions, Terms of Use and Privacy Policy, as set forth in the Service Order. This Term Sheet further applies to the purchase of Media Services through JobTarget’s website. JobTarget may modify these terms at any time. By continuing to use JobTarget’s services, you are agreeing to any such modified terms.

Services

The following applies to the purchase of Media Services:

• Client agrees to make JobTarget its Agent of Record and hereby gives JobTarget permission to make media, advertising and job site purchases and renewals and to execute contracts and orders for such products and services on behalf of Client. Client further agrees to provide JobTarget with any passwords, account or login credentials (“Account Credentials”) needed in connection with the provision of these services. Client agrees to promptly notify JobTarget should any Account Credentials be subject to a data breach, unauthorized access or otherwise compromised.
• JobTarget will provide planning and support services for Client’s recruitment needs.
• Client agrees that it is solely responsible for the content of any recruitment media. Client further agrees that it is responsible for complying with the terms and conditions of any recruitment media purchased from third parties.
• Client represents and warrants that its job postings comply with all applicable laws and regulations and that its job postings do not violate applicable laws, including Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission’s (“EEOC”) regulations, and local, state, federal or other laws prohibiting discrimination of applicants and/or requiring pay transparency. Client further represents and warrants that its job postings will not violate the rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, or defamation.
• Client acknowledges and agrees that any specific order for recruitment media cannot be canceled or modified after submission to JobTarget.

Payment

Client is responsible to pay all costs associated with purchases that JobTarget makes on Client’s behalf, as well as any fees JobTarget charges for its services. All fees will be presented to Client and approved by Client prior to being incurred. JobTarget reserves the right to require prepayment of any such amounts before making purchases on Client’s behalf. Client understands that JobTarget may receive fees from job boards or recruitment advertising providers in connection with the sale of Media Services products and that Client has no rights to such fees.

Limited Warranty; Disclaimer of Warranty

Except as set forth above and without limiting or modifying the Limited Warranty in the General Terms and Conditions and Terms of Use, JobTarget makes no guarantee of the performance or success of any Media Services product and is not responsible for the performance or failure of performance of any such products or services. JobTarget does not represent or warrant that the Media Services products purchased by JobTarget on Client’s behalf, or Client’s use thereof, will enable Client to achieve any particular result or outcome. JobTarget will not be liable for any incidental, indirect, consequential, or special damages of any kind, including, without limitation, lost revenues and/or lost profits arising from the Media Services products purchased by JobTarget on Client’s behalf or Client’s use thereof.