Terms of Agreement


About Amplitude Research®.
Amplitude Research, Inc., a Michigan corporation ("Amplitude"), is a survey and market research company headquartered in Boca Raton, Florida, that has the right to sell to third parties, various products and services for web-based surveys. Amplitude's services include programming and hosting of online surveys, as well as providing web panelists to complete online surveys. Amplitude maintains Internet websites located at www.amplituderesearch.com, www.ampupnow.com, www.ampupnow.com/consumer, www.panelspeak.com and elsewhere (collectively the "Site").

PLEASE REVIEW THE FOLLOWING TERMS OF AGREEMENT AS NEW GUIDELINES WENT INTO EFFECT ON FEBRUARY 15, 2010, WITH RESPECT TO ALL FUTURE COMPLETED SURVEYS.

Eligibility for Survey Participation.
Membership is free. No purchase is necessary. All persons who join an Amplitude web panel (referred to as "registrant" singular or "registrants" plural) are required to be legal residents of the 50 United States or the District of Columbia who are 18 years of age or older. Anyone registering and using the Site warrants that he/she meets this requirement. By participating, registrants (and registrant's parent/legal guardian if registrant is a minor) agree to all of the terms and conditions set forth in this Terms of Agreement. Employees, officers, and directors of Amplitude and its affiliates are ineligible to be a registrant, as are immediate family members and persons living in the same household of the foregoing.

Each person is limited to one (1) registration. If a Registrant commits fraud or falsifies information in connection with his/her registration, that person will be liable to Amplitude for any and all damages that Amplitude suffers as a result of such actions, and Amplitude will not hesitate to pursue all legal causes of action to the fullest extent possible. Amplitude reserves the right to request that a Registrant confirm that his/her sign-up information is accurate.

Survey Participation.
Surveys are conducted for the benefit of Amplitude and its clients who have requested survey or market research on a particular subject. Registrants will be invited to participate in a study based on demographic or other survey criteria ("screening criteria") for that study and the number of requested survey completions. Not all registrants will be invited to participate in each study. Since invitations are distributed based on self-provided demographic information, it is important that each registrant provides accurate information and updates his/her information on a regular basis.

Registrants will always receive a separate e-mail invitation for each study they are selected to participate in which describes the overall subject of the survey, the amount of award earned for a completed survey, and a link to the website to take the survey. By clicking on the link, the Registrant agrees to participate in the survey for which he/she received the email invitation and confirms his/her prior registration and opts-in to participate in the survey. The respondent may then be asked one or more questions to ensure that he/she meets the screening criteria for that study, including any requirements for a representative population. The screening criteria questions will vary by survey and are limited in number.

Unless a survey has achieved the target number of completes or otherwise been closed in its entirety or for a specific demographic group, those respondents who have qualified based on their answers to the screening criteria will be directed to complete the survey questions. Note: Amplitude may use re-screeners and/or timers on a survey questionnaire to determine the reliability of respondent feedback. Amplitude reserves the right to remove a Registrant from survey participation at any time and for any reason, including eligibility for awards or other incentives, if it determines, in its sole discretion, that the Registrant is providing false or contradictory information or answering survey questions without allowing adequate time to read the questions and response choices.

Survey Awards.
Registrants earn awards by satisfying the screening criteria for a given research study and completion of the survey by answering all of the questions (a "completed survey"). The amount you earn for each completed survey will range from a $1.00 to $20.00 gift card amount depending on the difficulty of the screening criteria, commonality among respondents, and length of the survey questionnaire. Awards are distributed in the form of a Target GiftCard or a gift card from a major online retailer, as determined by Amplitude in its sole discretion. Target GiftCards (i) may be used at any Target retail location or at Target.com, (ii) can only be used for future purchases at Target retail locations or for online purchases at Target.com, (iii) CANNOT be used to pay already established credit balances, and (iv) cannot be redeemed for cash or credit except where required by law. Unless otherwise stated, gift cards from online retailers can only be used for future online purchases at that retailer's website. Void where prohibited.

The award amount that can be earned for a completed survey will be announced in the email invitation distributed for each study. Amplitude does not provide awards for answering screening criteria questions, partially completed surveys, or to persons who commit fraud (such as not reading the survey questions when completing the questionnaire). Amplitude reserves the right to close a survey at any time.

Distribution of gift cards takes place within 45 days of the earlier of (i) a registrant achieving $10.00 in total earned awards for completed surveys (the 45 day period being measured from the end date of the survey for which the registrant reached the $10.00 minimum) or (ii) the last day of the calendar year.

Example 1. Registrant Smith earns for completed surveys a $3.00 award on June 15, 2010, a $1.00 award on August 20, 2010, and a $10.00 award on October 2, 2010. This means that a $14.00 gift card will be distributed to Smith on or before November 17, 2010.

Example 2. Registrant Jones earns for completed surveys a $2.00 award on April 15, 2010, a $1.00 award on July 20, 2010, and a $5.00 award on November 12, 2010. Jones does not achieve a completed survey during the remainder of 2010. This means that an $8.00 gift card will be distributed to Jones on or before February 15, 2010.

Registrants who earn awards (subject to any legal restrictions) may, in Amplitude's sole discretion, have their first name, last initial, city, state, date of award, and amount of award posted on the awards page of the panel Site. If you do not want this information posted, please mail a letter with your request to: Amplitude Research, Inc. Survey Administration, 2255 Glades Road, Suite 324A, Boca Raton, FL 33431.

Registrants agree (and registrant's parent/legal guardian, if registrant is a minor) agree (a) that Amplitude, its parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents are released, will have no liability whatsoever for, and shall be held harmless by participants (and a registrant's parent/legal guardian, if participant is a minor) against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any award or participation in surveys or any survey related activities and (b) except where legally prohibited, award recipients (and recipient's parent/legal guardian, if recipient is minor) grant permission to Amplitude and those acting under its authority the right to the use of his/her first name, last initial, city, state, date of award, and amount of award for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.

No Assignments or Replacements of Awards.
Each Registrant must enter a valid name, email address, and mailing address to insure receipt of award distributions. Incorrect information may prevent receipt of awards. Amplitude is under no obligation to re-send awards to Registrants who provide incorrect information. Award recipients cannot assign or transfer all or any portion of any award to another person. No award will be replaced if lost or stolen once issued to the recipient. If the award cannot be awarded due to circumstances beyond the control of Amplitude, a substitute award of equal or greater retail value may be awarded.

Change in Awards.
Amplitude reserves the right to alter the awards/incentives program or to cancel this program at any time. In the event of such change or cancellation, any awards owed at the time of the change or cancellation would be provided.

Taxes.
Registrants are solely responsible for any taxes due as a result of awards they receive.

Privacy/Security.
At registration, each Registrant provides us with certain personal information such as their name, e-mail address, mailing address, zip code and certain demographic and other information so that we can match their survey participation with different types of surveys. Registration information is available to Amplitude for use in future surveys conducted for Amplitude clients or for its own studies. Amplitude will not sell, distribute, publish or otherwise disclose any personally identifiable information without the express permission of the registrant.

Surveys are generally conducted by Amplitude on its own platform. If surveys are conducted on a different platform - such as the platform of another research organization or end client - Amplitude will provide notification in the survey invitation. In no event, however, will Amplitude divulge your personally identifiable information to that organization without your advance consent, although we may need to share AGGREGATE demographic information. Amplitude also reserves the right to transfer personally identifiable information to a buyer in connection with a sale of stock or assets, merger, or any other change of control transaction. Any future buyer would be required to honor Amplitude's privacy policy.

Amplitude cannot guarantee against and shall not be held responsible for the actions of any third parties with regard to the Site. This includes, but is not limited to, the unauthorized use or access of any third party to the Site, server, database, e-mail programs, software or services, and the unauthorized alteration or interception of any transmission or data.

If Amplitude wishes to change its privacy policy, it will publish changes on the Site. If you do not agree with Amplitude's privacy policy, you have the option of discontinuing participation and requesting that we delete your personally identifiable information.

Affiliate Program.
Referrers of survey sign-ups are limited to an approved business ("Affiliate Site") that enters into an affiliate agreement with Amplitude. Amplitude will provide the content, relevant code and image for use by Affiliate Sites as well as the economic terms and conditions. Affiliate Sites are strictly prohibited from engaging in practices that might be considered "spamming" to attract new sign-ups. Any "spamming" activities will result in forfeiture of referral fees and permanent discontinuance of participation. Notwithstanding the foregoing, if Affiliate Sites maintain their own e-mail opt-in list, it is not considered spamming if they refer opt-ins through e-mail solicitations.

Discontinuing Survey Participation.
You can notify us at any time to remove your registration. To do so, please e-mail us at discontinue@amplituderesearch.net.

Intellectual Property Rights.
All software and technology used in connection with the Site and Amplitude's products and services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Ownership of all applicable copyrights, trademarks, trade secrets, patents and other intellectual property rights in the software and technology developed by or for Amplitude or that relates to the Site or Amplitude's products and services shall remain vested in Amplitude.

Internet Content.
Registrant agrees not to (i) upload, post, e-mail, transmit, provide to Amplitude or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload, post, e-mail, transmit, provide to Amplitude or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) upload, post, e-mail, transmit, provide to Amplitude or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

WARRANTY EXCLUSIONS.
AMPLITUDE HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES CONCERNING ITS SOFTWARE, WEBSITES AND ITS PRODUCTS AND SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT AMPLITUDE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OF OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE.

Limitation of Liability.
IN NO EVENT WILL AMPLITUDE, ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Termination of Participation.
Amplitude reserves the right to terminate the participation of a Registrant at any time and for any reason.

Governing Law.
This Terms of Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law. Jurisdiction for the litigation of any dispute or claim arising out of or in connection with this Agreement shall be in Palm Beach County in the State of Florida, the U.S. Federal District Court for the Southern District of Florida, or in such other jurisdiction as may be selected by Amplitude.

Severability.
If any provision of this Terms of Agreement shall be deemed invalid or unenforceable for any reason, then such provision shall be interpreted, as nearly as possible, to reflect the intentions of the parties and the remainder of this Terms of Agreement shall remain valid and enforceable in accordance with its terms.

Force Majeure.
Amplitude will not be liable for delays caused by carrier transmissions, interference, accidents, war, acts of God, embargoes, or any other circumstances beyond its responsible control.

Entire Agreement.
This Terms of Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof superseding all prior written or oral agreements, communications, or discussions.

PLEASE READ THE FOREGOING TERMS OF AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF AGREEMENT, AND ACKNOWLEDGE AND WARRANT THAT YOU ARE A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA WHO IS 18 YEARS OF AGE OR OLDER AND THAT THE INFORMATION YOU PROVIDE IS ACCURATE.


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