Programmatic Term Sheet

Last Updated: April 7, 2023

The following terms and conditions (“Term Sheet”) apply to the Programmatic Campaign product 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 a Programmatic Campaign 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

JobTarget shall provide the following services for the Programmatic Campaign product:

• JobTarget shall use commercially reasonable efforts to post Client’s jobs on job sites(s) included in the Programmatic Campaign product at the time of posting (“Job Sites”). JobTarget does not guarantee that specific Job Sites will be included in the Programmatic Campaign product at any particular time. JobTarget shall determine when and on which Job Sites to post Client’s jobs and the duration of the job post on the Job Sites. JobTarget cannot guarantee that the jobs will be presented on every Job Site or on specific Job Sites. Further, it is possible that certain job posts may remain open beyond the time set by JobTarget, and it is possible that certain Job Sites may redistribute content, including such postings, to other sites.
• JobTarget is not responsible for the formatting or appearance of a job posting on a particular Job Site or for data transcribing errors in content.
• Client agrees to provide JobTarget with any passwords, account or login credentials (“Account Credentials”) needed in connection with the provision of these services. Client acknowledges that failure to provide JobTarget with any necessary Account Credentials in a timely manner may result in a job not being posted.
• 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.
• Notwithstanding the terms herein, JobTarget’s Easy Apply and Hosted Apply Product Term Sheet available at https://www.jobtarget.com/apply-systems-terms also applies if Client’s jobs are posted with Easy Apply or Hosted Apply.

Term and Payments

The Initial Subscription Term (“Initial Term”) is listed on the Service Order. After the Initial Term, the service will automatically renew in accordance with the terms listed on the Service Order (“Renewal Term”). Client may cancel service after the Initial Term by providing at least 30 days’ written notice of termination to cancellations@jobtarget.com prior to the beginning of the Renewal Term. No cancellations prior to the end of the Initial Term and there shall be no refunds. Any unused budget at the end of the Initial or a Renewal Term shall be forfeited and shall not be refunded.

JobTarget may offer free or discounted trials and promotions of Programmatic from time to time (“Promotional Period”). Client may be required to provide a credit card to participate in a Promotional Period. If the Client posts jobs subject to a Promotional Period, Client’s credit card will automatically be charged on a recurring monthly basis after the Promotional Period ends, unless the Client cancels prior to the end of the Promotional Period by sending written notice to cancellations@jobtarget.com.

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 representations or warranties, express or implied, including without limitation any representation or warranty that any job will be posted on any particular site or remain posted for a specific period of time, that a job posting will appear in a particular format, or that any Job Site may not redistribute content, including any job postings, to any other site. Further, JobTarget makes no representations or warranties, express or implied with respect to the level of success or number of applicants, if any, this service may provide.