Governing Services Agreement
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LAST UPDATED: July 1, 2021
These Enterprise Audience Service-Specific Terms (“SSTs”) are additional terms that apply specifically to Customer’s use of Momentive’s Audience Services, Audience Credits (“Credits”), and our market research solutions (collectively “Audience Services”) and are subject to and incorporated into the Momentive Governing Services Agreement (“Agreement”) between the parties. Capitalized but otherwise undefined terms in these SSTs have the meanings given to them in the Agreement.
If you wish to use Momentive’s survey tools to send a survey to Members that meet the Required Criteria, you may submit those Required Criteria to us along with your Purchase Specifications. Momentive will then provide you with pricing and an estimated timeframe for the delivery of your Finished Survey Responses.
Momentive cannot guarantee that it will be able to provide the number of Finished Survey Responses you desire in the timeframe specified due to uncertainties inherent in the Member provisioning process and the variability of response rates. Refer to Section 4 if we cannot meet your Purchase Specifications.
If Momentive becomes aware that your survey does not reasonably meet the requirements set forth in Section 3.1, Momentive will inform you in writing and provide you with the opportunity to modify your survey to remedy the non-compliance. If your survey is already in progress when we reasonably determine that it does not meet the requirements set forth in Section 3.1, we will suspend the deployment of your survey to additional Target Members and provide you with one opportunity to remedy and redeploy your survey. If your survey is not or cannot be made compliant within thirty (30) days of Momentive informing you of such non-compliance, Momentive may cancel your Purchase with cause.
Notwithstanding any involvement by Momentive in the preparation of your survey content, you agree that you, and not Momentive, will be responsible for the final approval of all content in your surveys. Momentive will not be responsible for any errors or omissions made in your surveys.
Customer must have an active subscription to our Enterprise or market research solutions (“Survey Subscription”) to Purchase and use Audience Services. If your Survey Subscription expires prior to the expiration of the Audience Services, you must renew your Survey Subscription to continue to use your Audience Services.
Momentive will, upon your request, issue a Pro Rata Refund of the fees you paid for your purchase of Audience Services if: (1) you have remained in compliance with these SSTs and Momentive is unable to collect your desired number of Finished Survey Responses within a reasonable timeframe (from the date on which your survey is sent to Target Members); or (2) Momentive cancels your Purchase without cause. Notwithstanding the foregoing, no refund shall be available if you alter your survey (i) in any way that has not been approved by Momentive or (ii) after it was deployed to the Target Members.
5.1 In accordance with the Agreement, you always own all of your survey data, and we regard it as your confidential information. In connection with your use of the Audience Services, the only time we will disclose or share your survey data to a third party is:
(a) when legally required to disclose and we have given you notice;
(b) in aggregated form, to improve panel quality and integrity over time and to screen for fraud and abuse; and
(c) to fulfill a Target Member’s data access request.
5.2 You agree that Momentive may use your SurveyMonkey Audience survey responses and other survey data to provide other purchasers of Audience Services with additional targeting criteria so they can target more specific sets of Members. Momentive may also use techniques like machine learning on your Audience Survey responses in order to assess (1) response quality and (2) Target Member compliance with the relevant terms of service so we can maintain consistent and reliable Target Members. However, other than these uses and the use of Benchmarks within our market research solutions, we do not use your Audience Survey data for our own uses, nor will we directly share actual survey responses with any other Audience purchaser.
By purchasing Credits, you are prepaying for Audience responses and/or our market research solutions, including professional services, that you may order from time to time. Credits may not be used to purchase any other products or services offered by Momentive. The purchase amount for Credits is nonrefundable. Credits must be used within one (1) year of purchase and there is no refund of the purchase amount if the Credits are not used within this period. Credits are non-transferable except with respect to the transfer of Credits between End User accounts (e.g. various Customer departments or product groups who have entered into an Order Form for the purchase of Audience Services) whose Credits are in the same currency. Such transfer must be performed by the primary administrator. Momentive shall not be responsible for any taxes arising from the transfer. Credits do not represent a monetary claim against Momentive. Credits are not stored value, money, monetary value, or the right to access funds or the value of funds.
Momentive makes no representation or warranty that the Target Members do, in fact, possess or meet the Required Criteria which they have represented to Momentive as possessing or meeting.
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