SkillXchange Publisher Terms & Compliance

1. Introduction

These SkillXchange Publisher Terms (“Terms”) establish the legal agreement between HRB Technologies, Inc. dba SkillXchange (“SkillXchange”) and the partner (“Publisher”). These Terms govern the publishing, promotion, and advertising of job listings and related services on the SkillXchange platform.

By accessing or using SkillXchange services, the Publisher agrees to comply with these Terms. Failure to adhere may result in suspension or termination of access.

2. Compliance with U.S. Marketing, Advertising & Employment Laws

2.1 Truth in Advertising (FTC Act)

  • Publishers must not post misleading, deceptive, or fraudulent job listings.
  • Job postings must be factual and accurately represent employment opportunities.
  • All compensation, job duties, and qualifications must be clearly stated.

2.2 Email Marketing & CAN-SPAM Act Compliance

  • Publishers may not send unauthorized marketing emails using SkillXchange branding.
  • All marketing emails must include a clear opt-out mechanism.
  • Misleading subject lines or sender information are prohibited.
  • SkillXchange will handle email opt-outs promptly to ensure compliance.

2.3 Data Privacy Compliance (CCPA & GDPR)

  • If handling California resident data, Publishers must comply with the California Consumer Privacy Act (CCPA), including opt-out rights.
  • If processing EU user data, Publishers must obtain explicit GDPR-compliant consent before collecting, sharing, or using personal information.
  • Publishers must disclose data-sharing practices and provide users with a mechanism to request data deletion.

3. Job Posting Standards & Employment Law Compliance

3.1 Equal Employment Opportunity (EEOC)

  • Job postings must not contain discriminatory language or violate U.S. Equal Employment Opportunity laws.
  • Employers and publishers must comply with non-discrimination requirements related to race, color, religion, sex, national origin, disability, and age.

3.2 Fair Labor Standards Act (FLSA) Compliance

  • Job postings must accurately reflect compensation, work conditions, and employment type (full-time, part-time, contract, etc.).
  • Publishers may not post jobs that misrepresent salary, work hours, or benefits.

3.3 Prohibition of Fake Job Listings

  • SkillXchange prohibits the posting of non-existent, bait-and-switch, or misleading job listings.
  • Publishers must verify job openings before submission.
  • Any fraudulent listings will result in immediate termination of Publisher’s account.

4. Revenue Share, Click-Based Earnings & Payment Terms

  • Publishers are compensated based on Valid Clicks (user clicks on sponsored job listings that lead to advertiser websites).
  • SkillXchange reserves the right to audit clicks and traffic sources for fraud prevention.
  • Any fraudulent click activity (e.g., bot traffic, incentivized clicks) may result in non-payment and termination.
  • Payments will be made based on verified unique registered users through the co-registration program.

5. Data Protection & Security Obligations

  • Publishers must implement reasonable security measures to protect job seeker data.
  • Any data breach must be reported within 72 hours to SkillXchange.
  • Publishers must comply with all applicable U.S. data protection laws and regulations.

6. Liability & Indemnification

  • Liability Cap: The total liability of either party is limited to the greater of $100,000 or three months of payments made to Publisher.
  • Indemnification: Publishers agree to indemnify and defend SkillXchange against claims arising from:
    • Misleading job postings
    • Data privacy violations
    • Employment law non-compliance
    • Unauthorized email marketing practices

7. Dispute Resolution & Governing Law

  • Any disputes shall be governed by and interpreted under the laws of the State of Delaware.
  • Disputes will be resolved through binding arbitration in Delaware, except where prohibited by law.

8. Termination & Enforcement

  • SkillXchange reserves the right to suspend or terminate any Publisher account found in violation of these Terms.
  • Publishers must adhere to SkillXchange’s compliance audits upon request.

9. Amendments & Updates

  • SkillXchange may modify these Terms at any time and will notify Publishers of material changes.
  • Continued participation constitutes acceptance of any revised Terms.