Consent to Benchmark Program Terms & Conditions

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Agreement

By checking the box and clicking ‘Send’, you are indicating that you have read and agreed to the Benchmarking Program Participation Terms & Conditions outlined below

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Participation Agreement
Healthcare Talent Acquisition Benchmarking Program Participation Terms & Conditions

This Participation Agreement contains the terms (the “Terms”) governing your organization’s (“Participant’s”) participation in the talent acquisition benchmarking studies (each a “Study”) conducted by RogueHire (“RH”), and RH’s use of the data and other information you provide as part of Study.

BY PARTICIPATING IN A SURVEY, PARTICIPANT IS ACCEPTING THESE TERMS, WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN PARTICIPANT AND RH. BY ENTERING DATA, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOURSELF AND PARTICIPANT TO THESE TERMS.

Scope of Program Participation. RH, subject to this Agreement, will provide Participant with access to and use of the RogueHire Operating System (rOS) for the sole purpose of (a) submitting to RH its HR-related performance data (the “Data”) for the Study period (such as the prior calendar year), and (b) if Participant submits the Data by the submission deadline RH establishes, and if RH accepts the Data und uses the Data in the Study, reviewing the performance of Participant’s talent acquisition team as compared to peer institutions for up to ninety (90) days after RH notifies Participant by email that the results are available.
License Grant. Participant, by submitting its Data for the Study, grants to RH a nonexclusive, perpetual, irrevocable, royalty-free, nontransferable (except in connection with a sale of substantially all of RH’s outstanding ownership or substantially all of RH’s assets to which this Agreement relates) license to use the Data and results derived from the Data and RH’s other tools and sources (a) to perform the Study, and (b) as part of the RH’s database RH employs to benchmark the recruiting performance of its clients and others (including Participant).
Fees and Payment. In consideration for the rOS access contemplated by Section 1, Participant will pay RH the fees, if any, specified by the invoice sent by RH (the “Fees”) within thirty (30) calendar days of RH’s invoice.
Intellectual Property. RH, as between RH and Participant, is and will be the exclusive owner of all reports, presentation materials, instructional materials, workbooks, forms, templates and other materials RH provides to Participant in connection with the Study (the “Materials”), including all modifications, enhancements and customizations to and compilations and derivative works of any Materials prepared by or for either party, and all patents, copyrights, trademarks, trade secrets and other intellectual property rights related to or embodied the foregoing, whether created or developed before, during or after the Term. All Materials are the confidential information of RH, and (ii) Participant will not reproduce, display, perform, modify or create derivative works from any Materials.
Confidentiality: Non-Use; Nondisclosure. RH may disclose that Participant is one of the organizations participating in the Study, but will not disclose the Data to any third party other than in an aggregated and anonymized form that precludes identification of the Participant and Participant’s personnel as the source of the information. For clarity, the Data that is aggregated and anonymized will not be de-aggregated or de-anonymized by RH or any third party without the prior written consent of Participant. RH will secure and protect the Data from unauthorized disclosure or use with at least as much care as RH protects its own confidential information.
No Warranties; No Liability. RH makes commercially reasonable efforts to ensure that the Study reports and Materials reflect RH’s best judgment, but all reports and Materials are provided “AS IS” with no warranties or representations of any kind. Under no circumstances will either party or its directors officers, employees or representatives be liable to the other party for any losses or damages arising out of or in connection with the Study. In no event will RH be liable to Participant for more than the Fees relating to the Study giving rise to the claim.
Termination of Participation. Participant may stop participating in Studies by notice to RH or by not providing Data to RH, but that action will not affect RH’s license to or use of Data Participant previously provided. RH may reject Participant’s participation and Data for any reason, including (a) Participant has failed to provide all of the required Data set by RH’s deadline, or (b) RH determines that the Data inaccurate or incomplete, or (c) Participant has failed to pay the Fee in accordance with SectionError! Reference source not found. above. If Participants does not provide Data or RH rejects the Data, RH is under no obligation to provide Participant with published Study results, or any other deliverables/services.
Governing Law. These Terms are governed by the laws of Michigan.
Force Majeure. Neither party will be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of the party or its contractors, agents or suppliers, including utility or transmission failures, failure of phone lines or phone equipment, power failure, strikes or other labor disturbances, Acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.