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comScore Viewability is available in most global markets. To request access to this breakthrough free campaign measurement solution, please complete the form below.

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This Free Viewability Agreement (the “Agreement”) is entered in by and between comScore, Inc., 11950 Democracy Drive, Suite 600, Reston, VA 20190, USA, and you, on behalf of the legal entity that runs one or more Campaigns (as defined below) (the “Client”). BY CLICKING THE "I ACCEPT THIS AGREEMENT" BOX, CLIENT REQUESTS TO BE A FREE VIEWABILITY PARTICIPANT, AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REQUESTS COMSCORE TO CONFIRM ACCEPTANCE OF CLIENT'S REQUEST.

Terms and Conditions

WHEREAS, Client desires to provide comScore with data (the “Data”) obtained through comScore-provided or comScore-approved tags, SDKs or other methods or techniques (collectively, the "Tags") for measuring the digital advertisements ("Ads") in Client's Ad campaigns ("Campaigns");

WHEREAS, At no charge to Client, comScore will use the Data to (i) provide Client with Campaign-specific Ad viewability reports ("Reports"); and (ii) enhance comScore's market research and analytics products (the "Enhancements"), (i) and (ii), collectively, being referred to as the "Purpose";

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to comScore's acceptance of Client's participation request, the parties agree as follows:

  1. Service. For the purpose of this Agreement, "Service" shall mean making available (i) the Tags and Reports to Client for the Purpose; and (ii) such support as provided for below. Client shall be entitled, but not obliged, to use the Services. Full detailed information of the Services Reports shall be set out on https://www.comscore.com/Free-Viewability-Services-Report). comScore reserves the right to amend any part of the Services at any time, without notice to Client (except as specified in the Modification Section below).
  2. Fair Use.  Any use of the Service, including of the Tags, the Reports, the number of passwords and the number of impressions, by Client must be made in a fair and reasonable manner. comScore may request the Client to limit or otherwise modify its usage if such usage (i) exceeds the fair and reasonable use that comScore had envisioned when dimensioning its systems, and/or (ii) in comScore's reasonable assessment may affect the usability or availability of any services provided by comScore. Client shall provide comScore with all reasonably required assistance and information in connection with such a request.
  3. Tags. The Tags must be placed and, where relevant, configured in accordance with the tagging instructions made available on https://www.comscore.com/content/download/40035/2327397/file/comScore_AdEffx_Tag_specification_document.pdf. Client may not amend the Tag, manipulate the Tags or interfere with the operation thereof unless to the extent explicitly allowed in said tagging instructions. Client shall allow comScore to retrieve, create or update its cookies or other identifiers ("Cookies") in response to a call being made by a Client-placed Tag.
  4. License. Any code provided to Client by comScore as part of the Service, including Tags, shall remain the exclusive property of comScore. Client is granted a fully paid-up, limited, revocable, non-exclusive, non-sublicensable license during the term of this Agreement to install, copy and use such code solely in connection with the proper use of the Service.  Client shall not, directly or indirectly, reverse engineer or allow or attempt to reverse engineer the Service, any part thereof or any comScore system.
  5. Support. comScore shall provide such online support as is made available on http://adfx.comscore.com/home/HelpCenter from time to time. comScore may provide limited additional support by e-mail, chat or similar mechanisms at its discretion.
  6. Passwords.  comScore will issue one passwords allowing Client access to the Tags and the Reports.  comScore issued passwords are considered Confidential Information as defined in the Confidentiality Section below.  Client agrees to hold all passwords and related access information in strict confidence.  Passwords may be distributed to authorized employees and authorized employees of Suppliers (as defined below) only, and only to the extent such distribution is consistent with and reasonably necessary for Client’s customary and ordinary business activities.  The passwords may not be used to access the website via a script, macro, program or other automated scheme.  The passwords may only be used to interact directly with the comScore-provided or comScore-approved interface through which the Reports are provided.  comScore reserves the right to (i) require that Client change passwords at any time, for security or related reasons, with 24-hour notice to Client, and / or (ii) have passwords expire automatically after a specific period.
  7. Confidentiality. Each party ("Recipient") agrees to take commercially reasonable precautions to protect from disclosure the Confidential Information that it receives from the other ("Discloser"). “Confidential Information” shall mean information that is disclosed in such a manner that would reasonably suggest that the information is of a confidential nature, including unpublished information regarding comScore’s methodology, but does not include any information that: (i) is, or later rightfully becomes, available to the public; (ii) was in the Recipient’s rightful possession prior to receipt of the information from the Discloser; (iii) is later disclosed to the Recipient by a third party who has no obligation of confidentiality; or (iv) is independently developed by the Recipient without the use or benefit of the Confidential Information. The Recipient may disclose Confidential Information to the limited extent required by applicable law, regulation or court order, including disclosures or filings with regulatory agencies, such as the United States Securities and Exchange Commission, or required to comply with the rules of a national securities exchange or automated quotations systems such as the National Association of Securities Dealer’s Automated Quotations (NASDAQ).
  8. Data & Privacy.
    1. The Data provided to comScore through the Tags is specified on https://www.voicefive.com/privacy.aspx?newlanguage=1 and http://www.measuread.com/privacy.aspx?newlanguage=1 (the "Sites").
    2. Both parties shall (work together to) comply with all applicable laws, including privacy laws, relating to the provisioning and processing of the Data and the notification of the viewers ("Viewers") of the Ads being measured, and shall strive to avoid or, where unavoidable, minimize, the collection and processing of any personal or otherwise sensitive data. In the relation between comScore and the Client, it shall be the Client's sole responsibility to provide information (notice) about the measurement of the Campaign to Viewers, including the fact that Cookies are used. Client shall (i) notify all parties it engages in connection with the Campaign ("Suppliers") of the existence and contents of the Sites and the obligations that may exist in relation to Viewers pursuant to this Agreement; (ii) require Suppliers to adhere to said obligations in a manner consistent with the applicable legislation; and (iii) require Suppliers to pass on the above obligations to the parties engaged by them in connection with the Campaign. Details about comScore's processing of Data, including options available to Viewers to avoid being included in the Data, shall be available on the Sites.
  9. Enhancements.  comScore, and comScore partners, may use the Data in connection with the Enhancements, provided that in such use the data may in no event be associated to any particular individual or to any advertiser, publisher or agency, including Client.
  10. Term and Termination. The term of this Agreement shall start upon comScore's acceptance of Client's participation request, shall continue for one year, and shall auto-renew for additional one-year periods unless either party provides written notice to the other of its intent not to renew. Either party may terminate this Agreement at any time and for any reason with immediate effect. Upon termination, Client agrees to remove all Tags and cease using the Services.
  11. Intellectual Property. In the relationship between comScore and the Client, Client shall own all right, title and interest in and to the Data, provided that comScore shall retain ownership of all right, title and interest in and to: (i) any materials created prior to, or independent of, this Agreement; (ii) any underlying data that are not specifically collected for Client; (iii) any analytical approaches used by comScore in the Reports; and (iv) any standard demographic questions posed to comScore panelists and their answers (collectively, the “comScore Portion”).  The comScore Portion shall remain the exclusive property of comScore and Client shall have the non-exclusive, non‑assignable and non-transferable license to use the comScore Portion consistent with and as reasonably necessary for Client’s customary and ordinary business activities. Client hereby provides comScore a fully paid-up, irrevocable, worldwide license to use the Data the extent necessary or desirable for the Purpose.
  12. Representations and Warranties.
    1. Each party warrants that (i) it has the full power and authority to enter into this Agreement and to perform the obligations contained in this Agreement; and (ii) that its entry into, and performance under this Agreement will not violate any law, statute or regulation or result in a breach of any agreement or understanding to which it is bound.
    2. comScore warrants that any reports provided under this Agreement shall be prepared using professional care and skill, and will endeavor to correct material defects reported by the Client. comScore further warrants that any such reports: (i) are the property of or licensed to comScore and are free from claims or encumbrances as to ownership and title; and (ii) will not infringe the intellectual property or privacy rights of any third party.
    3. IN ALL OTHER ASPECTS, ANY CODE OR REPORTS PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED TO CLIENT “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER COMSCORE WAS ADVISED OF CLIENT’S INTENDED APPLICATION.
  13. Limitation of Liability. For Services provided under this Agreement, regardless of the legal theory or claim being brought, Client agrees that its sole and exclusive remedy against comScore, its affiliates and licensors will be limited to replacement of the portion of the report containing a material defect. UNDER NO CIRCUMSTANCE WILL EITHER PARTY, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING: (I) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (II) LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS ADVANTAGE OR RELATED HARMS, EVEN IF EITHER PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT EXPRESSLY AGREES THAT THIS LIMITED REMEDY IS REASONABLE AND APPLICABLE TO IT EVEN IF THE SYSTEM FAILS IN ITS ESSENTIAL PURPOSE TO CLIENT.
  14. Indemnification. Client agrees, at its own expense, to indemnify, hold harmless and at comScore’s option, defend comScore (including its affiliates, licensors, officers, directors, employees, agents, and representatives) from and against any third party claims relating to losses, claims, damages, liabilities, judgments, settlements or costs and expenses, (including reasonable attorneys’ fees) associated with, or resulting from, Client’s breach of this Agreement (including representations and warranties).
  15. Force Majeure. Each party will be excused from performing any obligations contained in this Agreement while such performance is prevented by an act of God, fire, flood, earthquake, transportation disruption, war, insurrection, labor dispute, or any other occurrence beyond the reasonable control of that party.
  16. Survival. The Confidentiality, Data & Privacy, Intellectual Property, Representations and Warranties, Limitation of Liability and Indemnification sections above shall survive the termination of this Agreement.
  17. Modifications. comScore may amend this Agreement and the contents of any websites referred to herein (collectively, the "Website") at any time. comScore shall post such amendments on the Website, and Client agrees to either (i) subscribe to a notification service (at no charge) to be notified of any changes that may be made; or (ii) manually check the Website regularly for any changes that may have occurred.
  18. Independent Contractor. For the purposes of this Agreement, the parties will at all times be independent contractors with no right to bind or obligate the other in any manner whatsoever.
  19. Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written permission of the other.  Notwithstanding the foregoing, no prior permission is required in the event that a party participates in a merger or consolidation, is the subject of a purchase of all, or substantially all, of its assets or capital stock, or sells its business or a line of business, when such assignment provides each party with substantially the same services and commercial benefits as provided by the original parties under this Agreement, and is not made in whole or in part to a direct competitor of the non‑assigning party.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
  20. Subcontracting.  comScore shall be allowed to engage its Affiliates in the performance of the Services.
  21. Public Release.  Client may publicly release limited excerpts from the Reports, subject to the usage guidelines as set forth at www.comscore.com/press/datapolicy.asp.
  22. Notices. All notices will be made in writing and given by personal delivery, overnight courier, facsimile, email or other means of transmission or by certified or registered mail. In case of notices to Client, notices need to be made to the name, address and email address provided by Client on the Website, and in case of notices to comScore, notices need to be made to:
    Name: comScore, Inc.
    Address: 11950 Democracy Drive, Suite 600
    Reston, VA 20190, USA
    Attention: General Counsel
    Email: contractadmin@comscore.com
  23. General.
    1. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
    2. This Agreement will be governed by the laws of the Commonwealth of Virginia without regard to conflict of law principles thereof.
    3. This Agreement constitutes the entire agreement between the parties relating to the subject matter contained in this Agreement, and supersedes all prior agreements, proposals, service orders, understandings, representations or other communications related to the subject matter herein and may only be amended by mutual written agreement.
    4. For the purposes of this Agreement, “Affiliates” shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with a party.
    5. The section headings of this Agreement are for convenience only and will neither be considered a part of, nor affect the construction or interpretation of, any provision of this Agreement.