USE OF SUBMISSIONS. You grant to HotJobs a non-exclusive, worldwide, fully paid right and license (with full rights to sublicense to third party service providers of services) to permit the contents of Your advertisements, including the trademarks and brand features contained therein (“Ad Content”) to be used, reproduced, modified, encoded, stored, archived, distributed, transmitted,translated, published, publicly displayed and publicly performed to perform the Services. We will serve all advertisements, and we must approve any exceptions in advance, including approving the specific third party ad server (“Third Party Server”), in writing. All use of a Third Party Server must comply with our third party serving policies. You must provide all Ad Content to us for review at our option before it is distributed or posted to the Yahoo! network, as applicable, and all Ad Content is subject to our approval. Acceptance of any Ad Content does not constitute any endorsement of any kind by us. We are not responsible for errors or omissions in any Ad Content. We may not distribute or publish, as applicable, any Ad Content not received in accordance with our policies and specifications. If Ad Content conforming to our policies and specifications is past due, we may (i) reduce the number of impressions to be provided on a pro rata basis and charge You for such pro rata undelivered impressions or (ii) distribute or publish, as applicable, the Ad Content at a later date, subject to availability. We will use commercially reasonable efforts to deliver Ad Content as specified in the Agreement. Notwithstanding any line item breakout, we are only obligated to deliver the aggregate number of impressions in the Agreement as a whole. Unless otherwise specified in the Agreement, we have no obligation to deliver “click-throughs” or “acquisitions.” Unless the Agreement requires us to place an advertisement on a specific Yahoo! network page, we have no obligation to publish, post or otherwise deliver any impressions in any Yahoo property, and the positioning of advertisements within the Yahoo properties (including timing of delivery) is at our sole discretion. We make no guarantees with respect to distribution or usage statistics for any campaign or the method we use for measuring delivery or with respect to the accuracy of our measurement. You agree that our measurement of delivered impressions or emails, conducted under our methods in place as of the date of measurement, is the sole, official and definitive measurement under the Agreement. We may reject or cancel an advertisement, Ad Content, Insertion Order, URL link, space reservation or position commitment at any time for any reason. Limited reports may be available upon request.
BILLING; START DATE; RUN-BY DATE. Billing will start (i) when the Ad Content begins to run with respect to branded recruitment advertising and (ii) on or after the date the campaign is sent with respect to HotJobs Direct. The Start Date listed on the Agreement is Your desired Start Date. As all media is subject to availability, the Start Date may change, and we will provide You with notice of any such change. In any event, the Ad Content must begin to run, or the HotJobs Direct campaign sent, by the Run-By Date set forth in the Agreement. In the event that You do not provide creative for all or any portion of Your branded recruitment advertisement or HotJobs Direct campaign to run by the Run-By Date (the "Abandoned Campaign"), You agree to pay a cancellation fee equal to the Total Price, as set forth on the Agreement for the applicable advertisement or campaign, of the Abandoned Campaign.
MAKE GOODS FOR BRANDED RECRUITMENT ADVERTISING.If (i) we fail to deliver,in aggregate, the number of total impressions (if any) in the Agreement by the End Date of such campaign (subject to any reductions permitted under Paragraph 1), or (ii) an advertisement fails to appear or function as provided in the Agreement for any reason, the sole liability we have to You is limited to, at our sole discretion: (x) a pro rata refund of the advertising fee representing undelivered or misdelivered impressions, (y) placement of the advertisement at a later time in a comparable position, or (z) extension of the End Date, with a pro rata refund representing any remaining undelivered or misdelivered impressions by the extended End Date.
MAKE GOODS FOR HOTJOBS DIRECT.If we fail to distribute a campaign in accordance with the schedule provided in the Agreement, the sole liability we have to you is limited to distribution of the campaign at a later date.
ADDITIONAL TERMS. These terms do not create a bailment of Your advertisements and neither we nor any Yahoo! entity shall be deemed a carrier, bailee or warehouseman of any advertisements. For an advertisement to start on time, the creative ad unit must be provided to Ad Traffic four (4) business days prior to the date on which the campaign is scheduled to run. If You do not supply creative for a campaign but the campaign does run, we will charge an additional $750 fee for creative services. For additional creative specs, check the creative specifications page located at http://www.hotjobs.com/start/media_specs/ Contact for any traffic, reporting, performance-related issues or concerns.
CERTIFICATION. HotJobs is dedicated to complying with antidiscrimination laws. HotJobs’ Diversity Recruitment Advertising services are offered for the sole purpose of assisting employers who wish to broaden their outreach toward female and minority candidates, consistent with applicable law, while also allowing equal opportunities to others. By entering into the Agreement, You certify that Your media campaign is part of a nondiscriminatory effort to broaden Your applicant pool.
