This Enroll360 Match Program Supplement (“Supplement”), supplements and amends the Master Agreement entered into with respect to any Global Match or Greenlight Match program. Organization’s access to and use of either or both the Global Match Platform and/or the Greenlight Match Platform (either and both, hereinafter the “Platform”) shall be subject to the terms and conditions of this Supplement. Capitalized terms not otherwise defined herein will have the meanings given to them in the Master Agreement or applicable Scope of Services.
a. Definitions
i. “Student” means a registered student user of the Platform.
ii. “Certified Profile” means a Student-created profile on the Platform verified as belonging to a Student by an authorized college counselor.
iii. “Match” means a Student who has indicated interest in Organization by releasing his or her identifying information to Organization via the Platform or by other means such as an external inquiry or admissions application.
iv. “Offer” means a binding offer of admission, that may include a financial assistance package, delivered by Organization to a Student via the Platform.
v. “Confirmed Student” means a Match who has been issued an official admission offer letter from Organization.
b. Availability for Matches
Organization will make available authorized representatives to communicate with each Match via the Platform or other communication platforms regarding (i) the Offer, (ii) Organization’s academic programs, or (iii) other questions regarding the Organization and its programs, financial aid, and enrollment process.
c. Conditional Offers
An Offer may be conditioned upon receipt by the Organization of verification of the information contained in a Certified Profile (e.g., an official secondary or high school transcript). Organization may include additional conditions to an Offer, provided that such conditions (i) reflect standard and customary practices on the part of Organization’s admissions office, and (ii) are clearly documented in the Offer via the Conditions of Admission module within the Platform.
d. Binding Offers
Provided that (i) the Student’s identity and information in the relevant Certified Profile has been verified to the Organization’s satisfaction, and (ii) the Student satisfies the conditions referenced in the previous paragraph that are included in the Offer; then the Offer is a binding Offer (“Binding Offer”). Organization may not revoke a Binding Offer (both with respect to admission and/or financial aid) except by (i) written agreement from EAB, or (ii) by discovery that is promptly shared with EAB of new information that calls into question the Student’s honesty, character, or integrity (e.g., evidence of plagiarism, illegal conduct, or other similar actions or conduct).
e. Confirmation and Non-Discrimination of Offers
For each Binding Offer, Organization will issue an official admission offer letter (“Confirmation”) within thirty (30) days from the date of the Match (the “Confirmation Deadline”), unless otherwise agreed by the EAB and Organization. Once a Confirmation has been issued, Confirmed Students will be treated substantially similarly throughout Organization’s admissions process as students admitted via means other than the Platform. Organization shall not create any admissions process that places additional obligations on Confirmed Students relative to other admitted students.
f. FERPA
(a) Subject to subsection (b), and to the extent that EAB receives from Organization or otherwise has access to, on behalf of Organization, personally identifiable information from a student education record (collectively, “Student Records”), EAB agrees to maintain such Student Records in accordance with the requirements of the Family Educational Rights and Privacy Act, 20 USC § 1232g, and its implementing regulations, 34 CFR pt. 99, as each may be amended from time to time (collectively, “FERPA”). (b) Organization agrees (i) that EAB is performing for Organization an institutional service or function for which Organization would otherwise use its employees, (ii) that Organization will retain control over all education records provided to EAB, and (iii) that Organization is responsible for complying with FERPA, including with respect to the annual notification requirement (34 C.F.R. § 99.7) and with respect to providing Student Records to EAB.
To the extent not prohibited by law, Organization will indemnify, defend and hold harmless EAB and its Personnel from any and all third-party claims, liabilities, and expenses arising from Organization’s breach of its obligations under this Section (b).
g. Compliance with Laws
EAB represents, warrants, and covenants that the compensation of its employees, subcontractors or other persons who perform any student recruitment activities for Organization (if any) under the Agreement or any Order Form is and will be in material compliance with Section 487(a)(20) of the HEA (20 U.S.C. § 1094(a)(20)), or any successor provision, and the regulations promulgated thereunder by the U.S. Department of Education (currently located at 34 C.F.R. § 668.14(b)(22)), (the “Incentive Compensation Rules”), to the extent applicable. In the event the Incentive Compensation Rules change during the term of the Agreement or the Department of Education revises or issues official guidance concerning such regulations such that, in either case, the calculation and payment of fees as structured under the Agreement is no longer feasible, the parties will promptly negotiate in good faith an amendment to the Agreement to comply with such change and to preserve, as nearly as practicable, the payment provisions and other economic benefits and terms of the Agreement. Organization and EAB agree that Organization is solely responsible for making final decisions about enrollments and enrollment targets for all campaigns.
Organization shall comply with all laws, rules and regulations, if any, applicable to it in connection with the performance of its obligations under the Agreement, the use of the Services or use of the Platform. Organization shall be responsible for obtaining and maintaining all necessary state authorizations and approvals, and for maintaining all institutional and programmatic accreditations necessary to offer its programs. Organization shall promptly notify EAB in writing and provide EAB with copies of key communications from any accreditor or regulatory body in the event it is notified that any Organization approval, accreditation, or authorization is, or is threatened to be, materially modified, suspended, or terminated.
Organization agrees to carry out, or cause to be carried out, the processing and awarding of all aspects of the financial aid process in compliance with federal regulations. Organization will exercise complete control of all aspects associated with the awarding of financial aid, including budget and disbursement schedules.
h. Improvements to Platform
EAB may update and enhance the Platform at any time in its sole discretion.
i. Amendment
EAB reserves the right to modify or revise this Supplement at any time and shall post such modified or revised terms at http://eab.com/terms/match.
j. Data Protection Addendum
The Data Protection Addendum available at https://dpa.eab.com/globalmatch and incorporated herein by reference is applicable to any Order Form for Services if the Processing (as defined in the Data Protection Addendum) of Personal Data (as defined in the Data Protection Addendum) is subject to GDPR only to the extent that the Services involve the Processing of data related to an individual that at the time of Processing is located in a jurisdiction subject to the GDPR or substantially similar privacy law.
k. Survival
Sections (f) through (k) of this Supplement, and any provision of the Agreement that by its nature should survive, shall survive the expiration or termination of the Agreement.
