CM-2015-924 - 10/9/2015DocuSign Envelope ID: 12E37382-005F-4489-BD94-8C2E7FD500EF
Order Form # 00009189
Expiration Date October 30, 2015
Account Name Round Rock Public Library
Bill To Rhonda Kuiper
Address
Texas
United States
Phone 512-218-3283
Email rkuiper@roundrocktexas.gov
Accounts Payable
Email
Subscription. Information
Start Date November 2, 2015
End Date November 1, 2016
Billing Frequency Upfront
lynda
.Coni
Payment Terms Net 30 PO Amount
Subscription Start Date will be the later of the Start Date described above or the date the Order Form is fully executed. 'If PO Required = Yes, then provisioning
will occur when we receive your PO document.
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Prcluct k ,.f�i'>, ,Description UOM Y QTY, UA t=Price. , s Amo
.�s7..+y��o..
lyndaLibrary Users 50 USD 315.000 USD 15,750.00
Master Admin Complimentary User 1 User USD 0.00 USD 0.00
Total Order Amount $15,750.00
This Order Form does not reflect any taxes that may apply. Organizations that are tax exempt may email a copy of their tax exemption
certificates to taxexemntion(a-iynda.com
Terms
• Services provided under this Order Form will terminate on the expiration date of the Term or the date terminated by either pa rty as
provided in the Corporate Subscription Agreement.
• Order forms with contiguous dates will ensure no gap in service.
• Add-on products orders must end coterminous with the originating contract.
• Future incremental add-on or renewal orders will be at list price at time of purchase.
• Please allow up to 3 business days for account provisioning.
• Services provided under this Order Form are provided pursuant to Linkedin's terms and conditions set forth
at: htto://business.linkedin.com/Isa, the terms of which are incorporated into this Order Form.
Terms
• Services provided under this Order Form will terminate on the expiration date of the Term or the date terminated by either pa rty as
provided in the Corporate Subscription Agreement.
• Order forms with contiguous dates will ensure no gapin service.
• Add-on products orders must end coterminous with the originating contract.
• Future Incremental add-on or renewal orders will be at list price at time of purchase.
• Please allow up to 3 business days for account provisioning.
• For the purpose of this Order Form "Authorized User" is defined as a Customer designated individual 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.
• Services provided under this Order Form are provided pursuant to the Linkedln Subscription Agreement between the parties
attached hereto, the terms of which are incorporated into this Order Form.
Round Rock Public Library lynda.com, a Linkedln Company
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A It "COIN
COM 1.AN�
Prepared By
Joey Zumaya
Email
jzumaya@lynda.com
Master Admin
Rhonda Kuiper
Address
, Texas
United States
Phone
512-218-3283
Email
rkuiper@roundrocktexas.gov
Deal Term
12
PO Required'
PO Number
Payment Terms Net 30 PO Amount
Subscription Start Date will be the later of the Start Date described above or the date the Order Form is fully executed. 'If PO Required = Yes, then provisioning
will occur when we receive your PO document.
r•._,,,,. :t �s+i'.'4.-,/.;;w >_ '>{ ':s.^: -.,C _ > 7r. �f ! y. -Y.;'. ,'k. ^k-ri yt•�i"'TS1- Y"-'
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Prcluct k ,.f�i'>, ,Description UOM Y QTY, UA t=Price. , s Amo
.�s7..+y��o..
lyndaLibrary Users 50 USD 315.000 USD 15,750.00
Master Admin Complimentary User 1 User USD 0.00 USD 0.00
Total Order Amount $15,750.00
This Order Form does not reflect any taxes that may apply. Organizations that are tax exempt may email a copy of their tax exemption
certificates to taxexemntion(a-iynda.com
Terms
• Services provided under this Order Form will terminate on the expiration date of the Term or the date terminated by either pa rty as
provided in the Corporate Subscription Agreement.
• Order forms with contiguous dates will ensure no gap in service.
• Add-on products orders must end coterminous with the originating contract.
• Future incremental add-on or renewal orders will be at list price at time of purchase.
• Please allow up to 3 business days for account provisioning.
• Services provided under this Order Form are provided pursuant to Linkedin's terms and conditions set forth
at: htto://business.linkedin.com/Isa, the terms of which are incorporated into this Order Form.
Terms
• Services provided under this Order Form will terminate on the expiration date of the Term or the date terminated by either pa rty as
provided in the Corporate Subscription Agreement.
• Order forms with contiguous dates will ensure no gapin service.
• Add-on products orders must end coterminous with the originating contract.
• Future Incremental add-on or renewal orders will be at list price at time of purchase.
• Please allow up to 3 business days for account provisioning.
• For the purpose of this Order Form "Authorized User" is defined as a Customer designated individual 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.
• Services provided under this Order Form are provided pursuant to the Linkedln Subscription Agreement between the parties
attached hereto, the terms of which are incorporated into this Order Form.
Round Rock Public Library lynda.com, a Linkedln Company
OM _.� ;) t)/5 _.. qd14
DocuSign Envelope ID: 12E37382-005F-4489-BD94-8C2E7FD500EF
Order Form # 00009189
Signature✓�k~' /� `Signature
Name "—��.;a.'aley �r�y4l( iyJrl�AM�lame
Business Title Business Title
Authority LevelI h( b6ate
Date
empty Wu
Emory Wu
Sr. Revenue Analyst
DocuSign Envelope ID: 12E37382-005F4489-BD94-8C2E7FD500EF
LINKEDIN SUBSCRIPTION AGREEMENT
This Linkedln Subscription Agreement, including its Exhibits ("LSA"), governs any ordering document executed by the
customer identified in that ordering document ("Customer") and the Linkedln company identified in that ordering
document ("Linkedln"). This LSA, the applicable ordering document, and any other incorporated terms, comprise the
complete understanding between the parties on the subject matter ("Agreement").
This LSA is designed to address the unique concerns of a Government Entity and is not applicable to private entities.
"Government Entity" means any federal, state, or local government unit, agency, political subdivision or
instrumentality. If Customer is not a Government Entity, then Linkedln's standard terms and conditions set forth
at: http://business.linkedin.com/Icsa shall supersede this LSA and govern all ordering documents between the parties.
1. ORDERING AND THE PROVISION OF SERVICES
1.1 Services. Customer may access and use the Linkedln services offered via Linkedln's websites, including any
associated software, APIs and plugins ("Software"), content, data, and other information owned or licensed by
Linkedln ("Linkedln Data"), documentation and reports, and any other content provided as a part of the services
(collectively, "Service/s") to the extent and for the term stated in the ordering document ("Subscription Term").
1.2 Affiliates. Customer may allow its Affiliates to access and use the Services, provided that Customer will be fully
liable for its Affiliates' use of the Services and compliance with the Agreement. "Affiliate" means an entity that
controls, is controlled by, or is under common control with, a party. Customer may allow its Affiliates to purchase
Services under the terms of this LSA, provided that Customer informs Linkedln in writing of the specific Affiliate
authorized to make a purchase ("Authorized Affiliate"). If an Authorized Affiliate executes an ordering document
under this LSA, such Authorized Affiliate will be deemed to be a "Customer" for that purchase only and such
Authorized Affiliate and Customer will be jointly and severally liable to Linkedln for such Authorized Affiliate's use
of the Services and compliance with this Agreement.
1.3 Payment. Customer will pay the fees for the Services stated in the ordering document within 30 calendar days
after receipt of Linkedln's invoice, unless otherwise stated in the ordering document, subject to approved line of
credit. For Services that require payment by credit card, Linkedln will charge Customer's credit card upon receipt
of the credit card information. Customer's purchases are non -cancelable and payment for Services is non-
refundable, except as otherwise stated in this LSA. Customer will maintain complete and accurate billing and
contact information with Linkedln.
1.4 Taxes. Unless Customer is a tax-exempt entity, Customer will pay or reimburse Linkedin for all federal, state, and
local taxes, including sales, use, gross receipts, VAT, GST, or similar transaction taxes, imposed on Services
purchased under the Agreement ("Taxes"), provided that such Taxes are statutorily imposed either jointly or
severally on Customer, unless Customer provides Linkedln with a valid tax exemption certificate. All Taxes payable
by Customer will be separately stated and exclusive of the fees. Customer will have no liability for taxes that are
statutorily imposed on Linkedln including taxes or fees measured by Linkedln's net or gross income.
2. RESPONSIBILITIES
2.1 Use of the Services. Customer will use the Services solely for its intended purpose, as detailed in Exhibit A. Only
Customer -designated employees and contractors are authorized to use the Services ("Customer User"). A
Customer User must also be a Member. A "Member" is an individual who signs -up to use Linkedin's services under
Linkedln's user agreement, currently available at https://www.linkedin.com/legal/user-agreement, as amended by
Linkedln from time to time ("User Agreement"). The terms of the User Agreement are incorporated into this LSA.
Customer will ensure that Customer Users comply with the User Agreement. Customer will use the Services solely
Linkedln Confidential and Proprietary
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for Customer's internal use and will not provide access to the Services to any third party, except as otherwise
permitted in the Agreement. Customer will notify Linkedln immediately upon learning of any unauthorized use of
the Services or any other breach of security relating to the Services.
2.2 Software. Any Software is licensed and not sold. Linkedln grants Customer and its Affiliates a limited, personal,
revocable, worldwide, non -sub -licensable, non -transferable, non-exclusive license to install and execute the
Software on machines operated by or for Customer as needed for use of the Services during the Subscription
Term.
2.3 Customer's Use of Member Data and Linkedln Data. Customer may use content, data and other information
about Members received from Linkedin's websites (collectively, "Member Data") and Linkedln Data only as
expressly permitted in this LSA.
2.4 Linkedin's Collection, Use and Processing of Customer Personal Data. "Personal Data" means information about
an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other
information that is linked to a specific individual to identify, contact or locate a specific individual; or (c) is defined
as "personal data" or "personal information" by applicable laws or regulations relating to the collection, use,
storage or disclosure of information about an identifiable individual. If Customer provides Linkedln with any
Personal Data about Members in connection with its use of the Services ("Customer Personal Data"), then
Linkedln, in providing the Services, stores Customer Personal Data on behalf of Customer. Customer is the
controller of Customer Personal Data and Linkedln will collect and process Customer Personal Data (i) in
accordance with applicable privacy and data protection laws; (ii) in compliance with the written instructions
received from Customer including, as applicable, sub -processing as necessary; and (iii) only for the purpose of the
Agreement, using appropriate technical and organizational security measures.
2.S Compliance with Laws. The parties will comply with all applicable international, federal, state, provincial and local
laws relating to the privacy, confidentiality, security and protection of Personal Data including the EU Data
Protection Directive 95/46/EC as amended and as implemented in the various European Economic Area ("EEA")
countries or any similar and applicable legislation enacted outside of the EEA and security breach notification laws
(collectively, "Data Protection Law"). Linkedln complies with the U.S.-E.U. and U.S.-Swiss Safe Harbor Frameworks
as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data
from European Union member countries and Switzerland. Linkedln has implemented the federal E -Verify program
for all U.S. Linkedln employees who will provide Services to Customer under this LSA. Linkedln will not refuse to hire
any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status,
sexual orientation, marital status, or physical or mental disability.
3. CONFIDENTIAL INFORMATION
3.1 Definition. "Confidential Information" means any information disclosed under the Agreement that (a) if tangible,
is clearly marked as "Confidential" or with a similar designation; (b) if intangible, is identified as "Confidential" by
Discloser at time of disclosure and confirmed in writing to Recipient as being Confidential Information; or (c) from
the relevant circumstances should reasonably be known by Recipient to be confidential (e.g. pricing, Personal
Data, etc.). Recipient will protect Personal Data pursuant to this Section 3 in perpetuity. Linkedln acknowledges that
this LSA is subject to the Freedom of Information Act, 5 U.S.C. § 552, et seq., as amended ("FOIA"), which is relevant to
Customer, and Customer acknowledges that that certain information provided by Linkedln during the performance of
this Agreement may contain trade secrets and confidential commercial or financial information exempt from the
mandatory disclosure requirements under FOIA.
3.1 Exclusions. Confidential Information does not include any portion of the information that Recipient can prove (a)
was rightfully known to Recipient before receipt from Discloser; (b) was generally known to the public on the
Effective Date; (c) becomes generally known to the public after the Effective Date, through no fault of Recipient;
(d) was received by Recipient from a third party without any confidentiality obligation; or (e) was independently
developed by Recipient without breach of this Section 3.
Unkedln Confidential and Proprietary
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3.2 Limited Use and Non -Disclosure. Recipient will (a) use Confidential Information solely to fulfill its obligations
under the Agreement; (b) protect Confidential Information using the same degree of care it uses to protect its own
confidential information of a like nature, but in no event less than a reasonable degree of care; (c) not disclose
Confidential information to any third party except to Affiliates or employees, consultants, and agents who (i) have
a need to know it in order to carry out their obligations under the Agreement, and (ii) are under written
confidentiality and non-use obligations at least as restrictive as those stated in this LSA; and (d) not modify,
reverse engineer, decompile, create other works from, or disassemble any Confidential Information, to the extent
applicable, unless authorized in writing by Discloser.
4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP. No right, title or interest in any intellectual property right
transfers to the other party, except for the limited rights stated in the Agreement. Customer is not obligated to
provide Linkedln or its Affiliates with any suggestions, enhancement requests, or other feedback about the
Services or related technology ("Feedback"). However, if Customer does provide Feedback to Linkedln, Linkedln
may use and modify the Feedback without any restriction or payment.
S. TERM AND TERMINATION
5.1 LSA Term. This LSA is effective on the date the first ordering document is executed by Customer and Linkedln
("Effective Date") and remains in effect until terminated.
5.2 Termination and Suspension. Either party may terminate this LSA or an applicable ordering document if the other
party materially breaches the Agreement and fails to cure the breach within 30 days after receiving notice of the
breach. Linkedln may immediately terminate this LSA or an applicable ordering document if Customer is in breach
of Section 2.5. Linkedln may suspend Customer's access to the Services if Customer is in breach of the Agreement,
provided that the suspension will continue only for as long as reasonably necessary for Customer to remedy the
breach. If all ordering documents under this LSA have expired or been terminated, then either party may
terminate this LSA for convenience by providing written notice to the other party.
5.3 Effect of Termination. Termination of this LSA or an ordering document will not relieve Customer from its
obligation to pay Linkedln any fees stated in an ordering document executed by the parties. If Customer
terminates this LSA or an ordering document due to Linkedin's uncured material breach, Linkedln will refund a
pro -rata share of any pre -paid fees under the applicable ordering document. Upon any termination, Customer will
notify Customer Users that their access to the applicable Services has terminated, and Linkedln may remove or
discard all content that Customer uploaded or otherwise made available to Linkedln while using the Services, in
accordance with Linkedln's policies. Termination of an ordering document does not terminate this LSA; however,
termination of this LSA will result in the immediate termination of all ordering documents. The provisions of this
LSA that by their nature extend beyond the termination of this LSA will survive termination of this LSA.
6. NO WARRANTY. THE SERVICES ARE PROVIDED "AS IS". EXCEPT AS EXPRESSLY STATED IN THIS LSA, LINKEDIN MAKES
NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES INCLUDING ANY REPRESENTATION THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR -FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LINKEDIN
DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON -
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. THIRD -PARTY INDEMNITY AND RESPONSIBILITY
7.1 Linkedln Indemnity. Linkedln will defend and indemnify Customer, its Affiliates, and their respective directors,
officers and employees from and against all third party claims to the extent resulting from or alleged to have
resulted from (a) the Services' (excluding any non-Linkedln Data and excluding Customer Personal Data)
infringement of a third party's intellectual property right; or (b) Linkedin's material breach of the Agreement.
7.2 Customer Responsibility. To the extent legally liable and permitted by law, Customer will be responsible for any
damages resulting from the negligent acts or omissions of Customer, its employees, or agents, arising from claims
made or brought against Linkedln by a third party alleging that (1) the Customer Personal Data or Linkedin's
Linkedln Confidential and Proprietary
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transmission or hosting thereof infringes or violates the rights of such third party; (ii) Customer's use of the Services in
violation of this Agreement infringes or violates the rights of any third party; or (iii) Customer failed to comply with the
applicable laws, rules or regulations in its performance of the Agreement.
8. LIMITATION OF LIABILITY
8.1 Consequential Damages Waiver. To the fullest extent permitted by law, neither party, including its respective
Affiliates, will be liable to the other in connection with the Agreement for lost profits or lost business
opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
8.2 Liability Cap. To the fullest extent permitted by law, neither party, including its respective Affiliates, will be liable
to the other in connection with the Agreement for an amount that exceeds the total fees paid or payable to
Linkedln during the 12 -month period before the event giving rise to the liability. Subject to Subsection 8.3 (b),
Linkedln will not be liable for any unauthorized third party access to Customer's content, data, programs,
information, network, or systems.
8.3 Exclusions. The limitations on liability stated in Sections 8.1 and 8.2 above, do not apply to a party's (a)
confidentiality obligations; (b) liability for fraud, gross negligence or intentional misconduct; (c) liability for death
or personal injury; or (d) violation of the other party's intellectual property.
8.4 Government Entity. The parties recognize that Customer is a Government Entity, and nothing in this LSA is
intended to waive or diminish Customer's rights under principles of Sovereign Immunity, as established by law.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute related to the Agreement through good faith,
informal negotiation. If initial negotiation does not resolve the dispute, each party will escalate the dispute to the
executive sponsor of the Agreement to attempt to resolve the dispute. If the parties are unable to resolve the dispute
through negotiation, the parties will select a mutually agreed mediator in a mutually agreed location to attempt to
resolve the dispute. The prevailing party may seek to recover its legal fees and costs. Nothing in this LSA will prevent
a party from seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach
(or attempted breach) of this LSA by the other party, without the requirement of posting a bond, in addition to any
remedies available at law.
10. MISCELLANEOUS. If a conflict exists between any of the terms in the Agreement, then the LSA will govern,
followed by the ordering document, and then the User Agreement. If a conflict exists between any of the general
terms in the LSA and the relevant Exhibits, then the Exhibits will prevail to the extent of that inconsistency. Neither
party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding
(whether in writing or not) of any person (whether party to the Agreement or not) relating to the subject matter of
the Agreement, other than as expressly set out in the Agreement. The parties will provide notices in writing and
deliver them by commercial overnight courier to the address of the other party set forth on the ordering
document, unless otherwise stated in the Agreement. Notices are effective on the date of delivery as indicated in
the records of the courier. The Agreement does not create a partnership, agency relationship, or joint venture
between the parties. Neither party has the power or authority to bind the other or to create any obligation or
responsibility on behalf of the other. Under no circumstances will any employee of one party be deemed to be the
employee of the other for any purpose. Neither party will assign this LSA or an ordering document in whole or in
part without the other party's prior written consent. Any attempted assignment in violation of the foregoing
restriction will be void. Customer will provide Linkedln written notification if Customer is purchasing Services through
a Linkedln partner agency. Linkedln may remotely monitor Customer's use of the Services to ensure compliance
with the Agreement. If any provision of the Agreement is unenforceable, that provision will be modified to render
it enforceable to the extent possible to affect the parties' intention and the remaining provisions will not be
affected. The parties may amend the Agreement only in a written amendment signed by both parties, except for
the User Agreement, which may be modified in accordance with its terms. If Customer is an agency binding a client
under this LSA, Customer (a) represents and warrants that it has the authority to bind the client to the terms stated
herein; (b) will notify Linkedln in writing of the name and address of its client that will access and use the Services; and
(c) remains jointly and severally liable for all obligations of Customer under the Agreement. If this LSA will be
Linkedln Confidential and Proprietary
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executed then it can be executed electronically and in counterparts, each of which is deemed to be an original and
all of which taken together comprise a single document. Each party represents and warrants that the individual
binding a party under this LSA or an ordering document is authorized to do so.
Unkedln Confidential and Proprietary
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Exhibit A
Service Terms
Linkedln offers several different web -based Services under a variety of subscription models. Each Service is subject to rights
or restrictions stated in this Exhibit A ("Service Terms") that are in addition to the terms stated above. Service Terms apply to
Customer to the extent the specific Service is included in an ordering document.
1. PER SEAT SUBSCRIPTION MODEL
1.1 General. For Services purchased on a per seat basis, Customer (a) will designate in writing one Customer User for
each seat it purchases; (b) will promptly provide to and maintain with Linkedln 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. 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. Linkedln reserves the right to limit the number of transfers of each seat. Linkedln may, in its sole discretion,
change, modify, upgrade or discontinue any aspect or feature of the Services in whole or in part.
1.2 Sales Navigator Service. Customer may use the Sales Navigator Service only to generate sales leads.
1.3 Recruiter Service. Customer will use the Recruiter Service and information about Linkedln Members only to recruit
individuals to become employees and consultants of Customer or its Affiliates, or, if Customer is an approved
agency, only to recruit individuals to become employees and consultants of its clients. Prior to any termination or
expiration of this LSA or an ordering document, Customer is responsible for downloading any content, data or
other information Customer Users uploaded into Linkedln's system or otherwise provided to Linkedln while using
the Services, including Customer Personal Data.
1.4 Content Service: lynda.com and Video to Brain. Customer may access the online learning library database of content
available at lynda.com. In the ordering document, Customer will designate a single administrator who will have access
to the reporting and management tools. Displaying or publicly performing lynda.com content in a public setting
such as a classroom or conference room without Linkedln's written permission constitutes an unauthorized use of
the content and an infringement of Linkedln's intellectual property rights. The lynda.com Privacy Policy is located
at http://www.lynda.com/aboutuslotl-privacy.aspx. The Video to Brain Privacy Policy is located at
https://www.video2brain.com/de/datenschutzerklaerunp. Any updates to the Privacy Policies will be effective
immediately upon posting to the foregoing websites.
2. PER USER SUBSCRIPTION MODEL
2.1 Leap Service. Customer maintains a social media policy and ensures that its personnel comply with such policy.
Only Customer's designated curator/s is/are authorized to post content to LEAP. Customer Users who are not
curators may only read and forward content. Customer will ensure that it owns or has the necessary licenses,
rights, consents, and permissions to the content it posts to LEAP.
3. PER MONTHLY ACTIVE CONTACTS SUBSCRIPTION MODEL
3.1 Linkedln Lead Accelerator ("LLA") Customer Data.
a. Customer Data License for Linkedln. Customer grants Linkedln, for the Subscription Term, a worldwide, non-
exclusive, non -sub -licensable license to i) access and download the LLA Customer Data; and ii) store,
reproduce, modify and utilize the LLA Customer Data in connection with the matching and placement of Data
Cookies.
b. Matching Process. Linkedln will use commercially reasonable efforts to match the LLA Customer Data with
Data Cookies for each of the Customer Custom Segments and will tag each Targetable User with the
applicable Customer Custom Segment ID/s.
Linkedln Confidential and Proprietary
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C. Hashed Records. In the event that the LLA Customer Data includes Hashed Records, Customer will set up an
account with a marketing automation platform partner with whom Linkedln has integrated the LLA Service to
provide such Hashed Records. Linkedln will not attempt to decrypt or decode such Hashed Records. In the
event that Customer opts -out of the Member Co-op, then any Hashed Records provided by Customer will
only be matched against the Basic Cookie Pool. Otherwise, Customer agrees to participate in the Member
Co -Op and such Hashed Records will be matched against the Enhanced Cookie Pool.
3.2 Supplemental Functionalities; Auto -Fill. Customer will set up an Auto Fill functionality. All data associated with
such Auto -Fill functionality will be imported from Linkedln public profile information. Customer will provide (a)
prominent and clear notice stating that (i) the data associated with the Auto fill functionality comes solely from
Linkedln public profile information, and (ii) the purpose of collecting the Auto -Fill data by the Customer; and (b) a
link to Customers' privacy policy.
3.3 Advertising Campaigns. In the event that Customer elects to use the LLA Service to implement online display
advertising through the LTN, then this LSA and the advertising terms more fully described in the applicable
ordering document will apply.
3.4 Support. Customer agrees that Linkedln's support staff may login to the LLA Service under Customer's password in
order provide Customer assistance with technical or billing issues or maintain or improve service.
3.5 Termination. Upon termination or expiration of an ordering document or this LSA, Customer will delete copies of
the Linkedln Tags from the Customer Site/s.
3.6 Self -Regulatory Principles and ePrivacy Rules. Each party will have a posted privacy statement and enhanced
notice, accessible by direct link from their respective Web sites, that reflect current, established industry standards
regarding privacy, including opt -out instructions or a direct link to an industry -standard Web opt -out site (e.g. a
site like www.AboutAds.info). The application or landing page for each Customer campaign will contain a
prominent link to Customer's privacy policy or related cookies policy, which policies are easy to understand and
which provides, at a minimum, adequate notice, disclosure and choices to Visitors regarding Customers', its
business partners', and Linkedln's, use, collection, disclosure and security of their information and offers the
Visitor an opportunity to opt out from such collection and use of their information whether by following opt -out
instructions on the party's website or by accessing a direct link to an industry -standard web opt -out site (e.g. a site
like www.AboutAds.info) in order to comply with applicable law and each of the Self -Regulatory Principles of the
Digital Advertising Alliance ("DAA"), the Code of Conduct of the Network Advertising Initiative ("NAi") and all
interpretations of such code by the NAI itself or any successor entity to the NAI, and the Principles of the European
Interactive Digital Alliance ("EDAA"), as the foregoing principles and code may be amended from time to time by
the DAA, NAI and EDAA, respectively. With respect to any Customer campaign, and where applicable, Linkedln will
have the right to place the Advertising Option Icon on the ad and display enhanced notice and choice in order to
comply with each of the Self -Regulatory Principles above.
3.7 Restrictions. Customer will not use the LLA Service to track or collect Personal Data of any users. In the event that
Customer intends to associate Linkedln Data or Customer Data with the Personal Data of a Targetable User, or use
any Personal Data for targeting purposes, Customer must request and receive explicit opt -in consent from such
user before doing so. Where user -level data is collected across unaffiliated sites, Customer must not merge such
data with any Personal Data or otherwise re -identify the user without opt -in consent. Customer will not use the
LLA Service under sensitive categories including sensitive data definitions contained in the DAA Principles, the NAI
code or applicable EU data protection law, as they may be revised from time to time.
3.8 Warranties. Customer represents and warrants that (a) no customer campaign will be targeted to children under
the age of thirteen or offer products or services that are illegal for minors to buy, possess or participate in;
(b) prior to loading any computer program onto an individual's computer, including programs commonly referred
to as adware or spyware but excluding Cookies (provided that Cookies are disclosed in Customer's privacy policy or
cookies policy), Customer will provide notice to and will obtain the express consent of such individual; and (c) any
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business demographic data received by Customer will (i) only be used for customer campaigns and no other
purpose, and (ii) will not be collected, stored, compiled or reverse engineered.
3.9 WARRANTY DISCLAIMER. LINKEDIN DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, RESPONSE RATES
OR ABILITY TO CONVERT THE RESPONSES INTO SALES. LINKEDIN DOES NOT WARRANT OR GUARANTEE THE
PROFILE OR DEMOGRAPHICS OF A RESPONDENT.
3.10 Definitions.
a. "Active Contact" means a contact associated with any Customer campaign that is activated and nurtured for
any period of time.
b. "Basic Cookie Pool" means the set of Cookies that Linkedln has matched to Linkedin Data or Hashed Records
via its third party data provider partners.
C. "Cookie" means an alphanumeric identifier that is assigned to an Internet user's computer when such
computer is in communication with a server.
d. "Customer Custom Segment" means an online targetable audience segment created by matching Customer
Data to Targetable Users without using Personal Data.
e. "Customer Site(s)" means a (i) Web page or group of Web pages owned and operated by Customer or (ii)
one or more online advertisements that are linked to an Customer User access point and use the applicable
Linkedln Tags for tracking purposes.
f. "Data Cookie" means a Cookie that is matched with Customer Data and placed by Linkedln on an Internet
user's browser via the LTN, including Cookies placed through third party LTN partners.
g. "Enhanced Cookie Pool" means the Basic Cookie Pool plus the set of Cookies that Linkedln has matched to
Hashed Records via the Member Co-op.
h. "Hashed Record" means an e-mail address record that has been encrypted via SHA1 hash or other mutually
agreeable encryption method to render such record Non -Personal Data.
i. "Linkedln Tag(s)" means the proprietary Linkedln tracking code(s) provided by Linkedln to Customer as a
part of the LLA Service, along with any fixes, updates and upgrades. Customer may install the Linkedln Tags
on the Customer Site(s) or distribute via outbound e-mails sent by Customer for the purpose of collecting
Customer Data.
J. "Linkedln Targeting Network" or "LTN" means Linkedln's online advertising network and includes all Web
sites on which Linkedln is permitted to distribute Online Display Advertising.
k. "LLA Customer Data" means: (i) data concerning the characteristics and activities of visitors to the Customer
Site(s) that are collected through use of the Linkedln Tags and then forwarded to and analyzed by the LLA, or
(ii) any Non -Personal Data or Hashed Records provided by Customer to Linkedln for the purpose of creating
one or more Customer Custom Segments.
I. "LLA Service" means the Services with the functionality to support audience analytics, site optimization and
advertising campaign targeting, and distribution through the LTN.
m. "Member Co -Op" means the collection of companies that have agreed to contribute Hashed Record Cookies
to the Enhanced Cookie Pool.
n. "Monthly Active Contacts" means the month -to -date average number of Active Contacts.
o. "Non -Personal Data" means data or information that is not connected, correlated, or able to be identified
with any Personal Data (including information that is collected anonymously, is aggregated, or from which
underlying information has been removed).
p. "Targetable User" means an Internet user who has been matched to a Data Cookie for one or more
Customer Custom Segments.
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Order Form for use of a Database for On -Demand
Training and Skills Development from Lynda.com a Linkedln Company.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/9/2015
Dept Director: Michelle Cervantes
Cost:
Indexes:
Attachments: CMA -Database for On -Demand Training and Skills Development,
Database for On -Demand Training and Skills Development-Lynda.com
Department: Library Department
Text of Legislative File CM -2015-924
Consider executing an Order Form for use of a Database for On -Demand Training and
Skills Development from Lynda.com
a Linkedln Company.
On -Demand training and skills development for patrons and employees. Approved for
the 2016 budget.
Staff Approval
City of Round Rock Page 1 Printed on 101812015