Channel Commitments and Mark License

1. What these terms are

1.1 These are additional terms provided under Section 11 of the Wiser Workplace Terms of Service (the “Terms”). They form part of the agreement between the Employer and Wiser Workplace LLC. Words defined in the Terms have the same meaning here. The “Employer” is the Employer User that accepts these terms.

1.2 If these terms and the Terms conflict, the Terms control, except that Sections 2, 4, 5, 7, 8 and 10 of these terms govern the Mark.

1.3 The Wiser Workplace Channel Commitments mark (the “Mark”) is not a feature of any subscription band. It does not change what Terms Section 12 says Wiser Workplace does in any concern.

1.4 Terms Section 30 does not apply to a change to these terms; Section 10 of these terms does.

1.5 Wiser Workplace LLC is not a law firm. These terms are not legal advice and do not describe what any law requires of the Employer.

2. Who may accept

2.1 An Employer may accept these terms, and the Mark may be current, only while:

(a) its account is active;

(b) its subscription has been charged and is not past due; and

(c) its subscription has not ended, including at the end of a billing period after cancellation.

2.2 The Mark is not available during the Trial Period.

2.3 The Employer’s website must be on file with Wiser Workplace LLC. The person who accepts must use a login whose email address is at that website’s domain, and must be authorized to accept for the Employer.

3. The commitments

While the Mark is current, the Employer:

3.1 Makes the channel known. Posts the link to its intake page where its employees who live in California can find it without asking anyone, such as an intranet page, an employee handbook or a workplace notice. Wherever it posts the link, it says that using the channel is voluntary. If Wiser Workplace changes the link, the Employer posts the new one within 30 days.

3.2 Keeps it voluntary. Does not require any person to use the Services before, instead of, or as a condition of any other way of raising a concern, inside or outside the company. Does not discourage any person from using another way, for example by saying the Services must be used first. This does not affect any agreement between the Employer and an employee about how a legal claim is decided.

3.3 Does not retaliate. Takes no adverse action, including discharge, demotion, discipline, a cut in pay or hours, a threat or harassment, against any person:

(a) because the person raised a concern through the Services, took part in one, declined to identify themselves, or chose not to use the Services; or

(b) because the Employer believes the person did any of these.

The Employer also does not require any person to say whether they raised a concern through the Services.

3.4 Keeps confidences. Uses and shares what is raised through the Services only as Terms Section 7 permits.

3.5 Describes the Mark accurately. Does not describe the Mark as a certification, rating, award, endorsement or recommendation by Wiser Workplace LLC, or as a statement that the Employer or its workplace complies with any law.

3.6 Survival. Sections 3.3 and 3.4 continue to apply, after the Mark stops being current for any reason, to every concern delivered to the Employer while the Mark was current.

4. The license

4.1 Wiser Workplace LLC grants the Employer a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license, while the Mark is current, to display the Mark only:

(a) in the form, and with the code, that the Employer Portal provides, linked to the Employer’s status page;

(b) on the Employer’s own websites and careers pages on the domain shown in the Employer Portal, and in job postings that carry the code as the Employer Portal provides it;

(c) unaltered, not smaller than 160 pixels wide, and not combined with any other mark; and

(d) without any trademark symbol added.

4.2 The Employer may refer to Wiser Workplace by name to describe its channel accurately, as Section 3.1 requires. No other use of the Wiser Workplace name or marks is licensed.

4.3 The Employer acquires no right in the Mark or in WISER WORKPLACE. It does not adopt, or apply to register, any name, mark or domain that includes WISER WORKPLACE or is confusingly similar to it. All goodwill from the Employer’s use of the Mark belongs to Wiser Workplace LLC.

4.4 On request, the Employer tells Wiser Workplace LLC each place it displays the Mark. It makes any change Wiser Workplace LLC asks for to bring a use within this Section 4. Wiser Workplace LLC may check those places at any time.

4.5 Wiser Workplace LLC may change the form of the Mark, or end the Mark program for every Employer, on 30 days’ written notice. The Employer then uses the new form, or removes the Mark, within that period. The Mark is provided as is, as Terms Sections 22 and 23 provide.

5. The status page

5.1 Wiser Workplace LLC keeps a status page for each Employer’s Mark, reached through the link in the Employer’s Mark. The page shows:

(a) the Employer’s name;

(b) whether the Mark is current on the day the page is viewed;

(c) the domain for which the Mark is licensed; and

(d) a summary of Section 3.

5.2 The page shows nothing about any concern. It does not state why a Mark is not current.

5.3 The Mark image served from the platform shows the same status as the status page. Each shows the platform’s records as they stood no more than one minute earlier. A copy held by a browser or another site may show an earlier status for a short time until it refreshes.

5.4 The status page shows the platform’s records. If they are wrong, Wiser Workplace LLC corrects them when told.

6. What Wiser Workplace does not do

Wiser Workplace LLC does not inspect, investigate, audit, rate, certify or recommend an Employer or its workplace. It gives no assurance that any Employer will keep its commitments. It controls the Mark as Sections 4, 5 and 7 state. The Mark states only that the Employer subscribes to the Services and has accepted these terms.

7. When the Mark stops being current

7.1 At once. The Mark stops being current at once when any of the following happens, and the status page says so as Section 5.3 states, except that under (d) the status page is not available and the image shows no status:

(a) Section 2.1 is no longer met, or no website for the Employer is on file;

(b) the Employer withdraws under Section 8;

(c) Wiser Workplace LLC suspends or ends the Employer’s account under Terms Section 21; or

(d) the Services stop accepting concerns through every Employer’s intake page.

7.2 Misuse. If the Employer uses the Mark in a way Section 4 does not permit, or describes it as Section 3.5 forbids, Wiser Workplace LLC sends written notice. If the use is not corrected within 10 calendar days after the notice is sent, the Mark stops being current until it is corrected.

7.3 Retaliation finding. This section applies when a court, government agency or arbitrator enters a final judgment, order or award finding that the Employer retaliated against a person for raising a concern through the Services or taking part in one. A finding is final when any appeal has been decided or the time for one has passed.

(a) Wiser Workplace LLC sends the Employer written notice of the finding.

(b) Unless the Employer shows, within 10 calendar days after the notice is sent, that the finding is not final or does not concern the Services, the Mark stops being current at the end of those 10 days if it is current then, and in any case can become current again only if the Employer accepts these terms again.

(c) The Employer may not accept these terms again during those 10 days and, if it does not make that showing within them, for 12 months after the notice is sent, whether or not the Mark was current then.

7.4 Only these grounds. Wiser Workplace LLC ends or suspends the Mark only as this Section 7 states, or as Section 4.5 states.

7.5 Removal. Within 10 calendar days after the Mark stops being current, the Employer removes the Mark, and any statement that it holds the Mark, from every place it displays them. It does not describe itself as holding a current Mark at any time it does not hold one.

8. Withdrawal

8.1 The Employer may withdraw from these terms at any time, in the Employer Portal or by email to support@wiserworkplace.com.

8.2 The Mark stops being current when the withdrawal is recorded.

8.3 Withdrawal does not affect the Employer’s subscription. Sections 1, 3.6, 4.3, 6, 7.3, 7.5, 9, 10.3 and 10.4 continue to apply after a withdrawal.

9. Fees, remedies and enforcement

9.1 There is no separate fee for the Mark.

9.2 No fee under the Terms or these terms depends on whether a concern is submitted, whether a mediator is engaged, or the outcome of any matter.

9.3 A breach of Sections 3.1 to 3.3 is not a breach of the Terms. Its only consequences are those Section 7 provides.

9.4 Section 3.4 restates duties the Terms impose, and the Terms govern a breach of it.

9.5 For a use of the Mark these terms do not permit, Wiser Workplace LLC may also use any remedy the law provides.

9.6 These commitments are made to Wiser Workplace LLC alone. No employee or other person may enforce them. They do not add to, limit or waive any right any person has under law or under the Terms.

10. Changes, notices and definitions

10.1 Wiser Workplace LLC may change these terms by notice to the Employer at least 30 days before the change takes effect.

10.2 A change applies to the Employer from its effective date unless the Employer withdraws under Section 8 before then. A change does not apply to anything that happened before it took effect.

10.3 Notices under these terms are sent by email to the account’s contact address and shown in the Employer Portal. A period under these terms runs from the day the notice is sent.

10.4 “Days” are calendar days, Pacific Time. A concern is “delivered” as Terms Section 5 describes.

10.5 After a merger, an acquisition or a change of the Employer’s name, the Employer accepts these terms again before it displays the Mark.