Effective Measure

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Thanks for including your website(s) into Effective Measure South East Asia.
The trial is absolutely free and will enable us to accurately determine your traffic levels and pricing for ongoing inclusion in the service after the Free Trial period.
A) The Free Trial commences from the date of online registration via this form, expiring 3 months after the date of registration.
- For Example, if you registered on July 1, 2010 the Free Trial would conclude on September 30th, 2010.
B) By participating in the Free Trial, it is agreed that:
-   After 1 full month of Data Collection, Effective Measure will commence launching it's Market Wide Demographic Survey across your website(s) to a random selection of your website visitors.
-   After 2 full months of Data Collection, Effective Measure will release your data to the South East Asian Media Agencies and Advertisers.
-   Effective Measure will send you a proposal detailing the ongoing fees for service past the end of the Free Trial Period.
C) All fields listed below are required in order to setup the Effective Measure service.
If you would prefer to speak with us directly about setting up your account or any of the above, please email register@effectivemeasure.com
Please submit all details in English.
Your Company Details
Company Name:*
Your Name:*
City:*
Country:*
Phone:*	(International Format - e.g. +971501234567)
Email:*
Website:*
Please complete ALL required fields in order to proceed to the next step.
Terms and Conditions

***** Effective Measure Free Trial Proposal and Master Services Agreement *****
   
Effective Measure is offering a free trial for all publishers in South East Asian market.  The trial will commence from the date of Customer Online Registration and continue for a period of three (3) months.

In the process of registering for the Free Trial, the publisher will accept the terms and conditions detailed in this document.  Upon completing the Customer Online Registration process, Effective Measure will send an email with the tag (Code) that will be created for the publisher's site.
The email will also include instructions on how to add the code to the site.

Upon inserting the code into all pages of the Customer website(s), the Effective Measure system will create a publisher user login that can be accessed at the following link:  http://login.effectivemeasure.com

Terms of the Free Trial Agreement:

* 	The free trial will be effective from the date of registration determined by the time stamp generated from the Customer Online Registration form located at http://resgister.effectivemeasure.com/asia and will expire three months from this date.

* 	The publisher has the right to discontinue the Free Trial at any time during the 3 month period.

*	The Free Trial commences from the date of online registration via this form, expiring 3 months after the date of registration.
- For Example, if you registered on July 1, 2010 the Free Trial would conclude on September 30th, 2010.

*	By participating in the Free Trial, it is agreed that:
- After 1 full month of Data Collection, Effective Measure will commence launching it's Market Wide Demographic Survey across your website(s) to a random selection of your website visitors.
- After 2 full months of Data Collection, Effective Measure will release your data to South East Asian Media Agencies and Advertisers.
- Effective Measure will send the Customer a proposal detailing the ongoing fees for service past the end of the Free Trial Period.

* 	In the event that the publisher discontinues the trial, Effective Measure will:
- Allow the publisher to export all site usage and traffic data, as well as the demographic and research data collected via the surveys.
- Effective Measure will validate the data in writing using Effective Measure company letter head and authorized company seal.
- Terminate the account from the system and delete all data.

* 	During the free trial period we will evaluate the page view data from the Publisher dashboard.  After collecting one month of page view data, we will submit a formal proposal with a price quotation to continue the service past the initial free trial.  The price will be a monthly fee based on monthly page view information.
* 	Once the post trial proposal is accepted, the customer and Effective Measure will enter into a long term agreement for the provision of the Effective Measure service.

Master Services Agreement
1.	Definitions
In this Agreement:
"Agreement" 	means this Master Services Agreement including the Schedule.
"Code" 	means the programming code owned and developed by Effective Measure and provided to the Customer in connection with the provision of the Services.
"Commencement Date"	means the Commencement Date specified in the Schedule or, if not specified in the Schedule, the date of this Agreement.
"Confidential Information" 	means (a) the Reported Information, (b) any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days of disclosure, reduced to writing and marked "confidential" and (c) information which is not marked as "confidential" which should, under the circumstances, be understood to be confidential by a person exercising reasonable business judgment.  However, Confidential Information does not include any information that is or becomes known to the general public, that is already in the receiving party's possession prior to disclosure, or that the receiving party independently develops without the use of Confidential Information.
"Customer" 	means the customer identified in the Schedule.
"Customer Technology"	means all Technology owned by the Customer.
"Downtime" 	means any time when the data collection or reporting functions of the Services are inoperable, but Downtime does not include any inoperable time:
(a)	caused by Customer exceeding any volume limits in this Agreement;
(b)	caused by failure of Customer's equipment, systems or access services;
(c)	caused by outages to any Internet backbones, networks or servers;
(d)	for periodic maintenance or repairs that Effective Measure may undertake from time to time;
(e)	for modifications or improvements to the Services that Effective Measure may undertake from time to time; or
(f)	correlating to events beyond Effective Measure's control including but not limited to strikes, riots, insurrection, fires, floods, explosions, war, governmental action, earthquakes or natural disasters.
"Effective Measure" 	means Effective Measure International Pty Ltd.
"Effective Measure Technology"	means the Code and all Technology owned by Effective Measure.
"Initial Term"	means the Initial Term of this Agreement specified in the Schedule.
"Page Impressions" 	means all browser page impressions, browser reloads and similar web site traffic events that Effective Measure collects and reports on for Customer.
"Pages"	means Customer's web pages and certain other objects available to web browsers over the Internet such as Macromedia Flash files and HTML-format email.
"Reported Information" 	means information about access to Pages contained in reports that Effective Measure provides or makes available to Customer.
"Services" 	means all services ordered by Customer and provided by Effective Measure under this Agreement.
"Schedule" 	means the Schedule to this Agreement.
"Technology" 	means any proprietary technology, including internet design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects, and documentation (both printed and electronic), know-how, trade secrets, and any related intellectual property rights throughout the world and any derivatives, improvements, enhancements, or extensions of such technology conceived, reduced to practice, or developed during the term of this Agreement by the owner of such technology.
 
"Term of Service"	means:
(a)	for the first Term of Service, the period equal in length to the Initial Term beginning on the Commencement Date; and
(b)	for each additional Term of Service, the period equal in length to the Initial Term beginning on the day immediately after the last day of the previous Term of Service.
"User Data"	means all data relating to users of the Customer's Pages collected by Effective Measure in connection with the Services.
2.	Services
Effective Measure will provide the Services to Customer. Maximum numbers of Page Impressions may be specified in the Schedule.  Customer will pay at the rates indicated in the Schedule for Page Impressions in excess of any specified maximum.
3.	Services Uptime Levels
Data collection Downtime will not exceed 2% (98% minimum uptime) and reporting function Downtime will not exceed 4% (96% minimum uptime) of the time in any calendar month.  If this undertaking is breached in any calendar month Customer may request an additional month of Services at no extra charge. Such request must be received by Effective Measure no later than the day that is 15 days after the end of the calendar month in which the undertaking is breached. Effective Measure will provide an additional month of Services following receipt of each request in accordance with this paragraph.
4.	Change of Services
Effective Measure reserves the right to revise and modify the Services, release subsequent versions thereof and alter features, specifications, capabilities, functions and other characteristics of the Services at any time without notice to the Customer. The Customer's sole remedy in relation to any such revision or modification will be to terminate this Agreement in accordance with clause 10.3.
5.	Payments
5.1.	Customer will pay the fees in the amounts and at the times stated in the Schedule.  Customer will pay all taxes and similar fees imposed on the delivery of Services, except for taxes on Effective Measure's net income.
5.2.	If the Customer fails to pay any fees by the applicable due date:
5.2.1.	interest will accrue on the overdue amount from the due date up to the date of actual payment at the rate of 2 per cent per annum; and
5.2.2.	Effective Measure will have the right to suspend any or all of the Services until the Customer pays the overdue amount plus interest in accordance with paragraph 5.2.1.
5.3.	Any suspension of service in accordance with paragraph 5.2.2. above will not extend the term of this Agreement and will not relieve Customer from paying any fees that accrue in respect of the period of suspension.
5.4.	The Customer must pay all amounts owed by it under this Agreement without setting off any amounts owed to it by Effective Measure.
6.	Intellectual Property Ownership
6.1.	Neither this Agreement nor its performance:
6.1.1.	transfers from Effective Measure to Customer any Effective Measure Technology, and all right, title and interest in and to the Effective Measure Technology will remain solely with Effective Measure;
6.1.2.	transfers from Customer to Effective Measure any Customer Technology, and all right, title, and interest in and to Customer Technology will remain solely with Customer.
6.2.	For the term of this Agreement, Effective Measure grants Customer a limited license to use the Code only for insertion in Pages in connection with the Services.  Effective Measure does not grant any other rights to the Code.
6.3.	Subject to the limited licence to use the Code granted by Effective Measure in paragraph 6.2. above, Customer must not directly or indirectly or through any agents copy, modify, disassemble, de-compile or reverse engineer the Services or any Effective Measure Technology

7.	Information Ownership
7.1.	The Customer agrees that all User Data is and shall remain the property of Effective Measure.
7.2.	The Customer agrees:
7.2.1.	not to assert any right, title or interest in the User Data; and
7.2.2.	that to the extent the Customer has any right, title or interest in the User Data, the Customer will immediately upon request by Effective Measure take all steps necessary to transfer such right, title or interest in the User Data to Effective Measure or to such other person as specified by Effective Measure.
7.3.	Subject to paragraph 7.4., Effective Measure agrees not to disclose the User Data in a form that identifies, or enables the identification of, the Customer.
7.4.	Effective Measure may:
7.4.1.	disclose the User Data to the Customer or to its officers, employees, agents or to any person specified by the Customer;
7.4.2.	disclose the User Data to Effective Measure's officers, employees, agents or subcontractors;
7.4.3.	disclose the User Data in any form that does not identify, or enable the identification of, the Customer including without limitation in summarised or aggregated form;
7.4.4.	sell the User Data to any person who has agreed not to disclose the User Data on substantially the same terms as set out in this clause 7.
8.	Confidentiality
Subject to Effective Measure's right to disclose the User Data in accordance with clause 7.4. of this Agreement, neither party will disclose the other party's Confidential Information except as needed to perform its obligations under this Agreement or if required by law, regulation, or court order.  Each party will limit access to the Confidential Information of the other party only to officers, employees, agents or subcontractors who need to have access.  If a disclosure of Confidential Information is required by law, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.  Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information.  Customer is responsible for safeguarding the confidentiality of the passwords and user names issued to Customer by Effective Measure and for any use of Customer's account resulting from any third-party using a password or user name issued to Customer.  Customer will promptly notify Effective Measure of any unauthorized use of Customer's account or any other breach of security known to Customer.
9.	Privacy
9.1.	Customer will obtain all consents and authorisations from users of its Pages that are necessary to ensure that the operation of the Services and the collection, storage, use and disclosure of User Data by Effective Measure do not breach any applicable laws or regulations.
9.2.	Customer will include a statement on one or more of its Pages that it is using the Effective Measure Services and will include a link to the Effective Measure privacy policy.
10.	Term and Termination
10.1.	Term.  The term of this Agreement begins on the Commencement Date and continues for a period of 3 months from the date of Online Registration, unless terminated or extended in accordance with this Agreement.
10.2.	Extension.
10.2.1.	Subject to paragraph 10.2.2. below, at the end of each Term of Service the term of this Agreement will automatically extend by a period equal to the Initial Term. Each such extended period will be an additional Term of Service.
10.2.2.	Customer has the option not to extend the term of this Agreement by giving notice to Effective Measure no later than 30 days before the expiration of a Term of Service.
10.2.3.	During each additional Term of Service:
10.2.3.1.	Effective Measure will provide Service accounts with the same frequency as in the previous Term of Service;
10.2.3.2.	the same volume limitations as in the previous Term of Service will apply;
10.2.3.3.	the fees for Services and overages will be the same as those for the previous Term of Service except that Effective Measure may, by notice to the Customer, increase the fees by up to 15%.
10.2.4.	Any Term of Service in which additional months of Services are provided in accordance with clause 3. of this Agreement shall be extended to include those additional months of Services.
10.3.	Termination by Customer. If any material revision or modification to the Services adversely affects the Customer's satisfaction with the Services, the Customer may terminate this Agreement by providing 30 days notice to Effective Measure.
10.4.	Termination by Effective Measure. Effective Measure may, by notice to the Customer, cancel its provision of the Services to the Customer at any time, in which case this Agreement will terminate immediately.
10.5.	Termination for Breach.  Either party may terminate this Agreement immediately if the other party breaches the confidentiality or privacy obligations of sections 8 or 9 and fails to rectify this breach within 15 days of becoming aware of the breach.
10.6.	Effect of Termination.  Upon termination of this Agreement:
10.6.1.	Effective Measure will stop providing Services;
10.6.2.	Customer will remove all copies of Code from its Pages;
10.6.3.	Effective Measure will refund to the Customer any unearned portion of prepaid usage fees; and
10.6.4.	Customer will pay any amounts that have accrued under this Agreement up to and including the date of termination (which amounts shall be immediately due and payable).
10.7.	Survival. The provisions of clauses 5. (Payments), 6. (Intellectual Property Ownership), 7.(Information Ownership), 8. (Confidentiality), 11. (Warranties and Indemnities), 12. (Disclaimers and Limitation of Liability), 15. (Law and Venue) and 18. (Miscellaneous) survive termination of this Agreement.
11.	Warranties and Indemnities
11.1.	Effective Measure warrants that the Services will be performed in a professional and workmanlike manner consistent with prevailing industry standards.  Effective Measure makes no other warranties or representations.
11.2.	Customer will indemnify and hold harmless Effective Measure for any claim by a third party arising from Customer's failure to provide notice of Effective Measure's collection of personally identifiable information.
12.	Disclaimers and Limitation of Liability
12.1.	Except for the express warranties set out in clause 11., Effective Measure makes no warranties or representations of any kind including, without limitation, any warranties or representations:
12.1.1.	relating to or affected by web site visitors' browser security settings;
12.1.2.	as to merchantability or fitness for a particular purpose of the Services; or
12.1.3.	subject to clause 3., as to the continued and uninterrupted availability of the Services.
12.2.	Effective Measure will not be liable for any loss of data, loss of business profits, depreciation of share price, business interruption or other special, punitive, incidental, consequential or indirect damages arising from or relating to the Services. This limitation will apply even if Effective Measure has been advised or is aware of the possibility of such damages.
12.3.	Effective Measure's aggregate liability for claims arising out of this Agreement or its performance, whether in contract, tort or otherwise, will not exceed an amount equal to the fees for Services during the first Term of Service under this Agreement.
13.	Notices
To be effective, all notices under this Agreement from one party to the other must be in writing, by courier, fax or email, and to the addresses set forth in the Schedule or to such other address as a party designates in writing.  Customer must send notices to the attention of its designated account manager. Notices will be deemed received: (i) when the courier confirms delivery thereof by written proof; (ii) upon confirmation of successful fax transmission; or (iii) upon confirmation of receipt by email.
14.	Publicity
Customer and Effective Measure each may refer generally to the existence of this Agreement and use the other party's name in press releases, on web sites and other promotional material, but will not reveal financial terms or other confidential information in this Agreement.
15.	Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia and the parties agree that any dispute arising out of this Agreement or in respect of its validity shall be submitted to the exclusive jurisdiction of the courts of that jurisdiction and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
16.	Assignment and transfer
16.1.	The Customer may not assign or transfer any of its rights or obligations under this Agreement.
16.2.	Effective Measure may assign any of its rights, or transfer any of its rights and obligations, under this Agreement to any third party without any consent or authorisation from the Customer.
16.3.	The Customer authorises Effective Measure to provide the Services through one or more subcontractors or agents.
17.	Amendments
This Agreement may only be amended by:
17.1.	agreement between the parties; or
17.2.	Effective Measure by providing written notice to the Customer of the amendment or amendments.
18.	Miscellaneous
18.1.	These terms, including the Schedule, constitute the entire agreement between Effective Measure and the Customer in relation to the provision of the Services.
18.2.	If any provision of these terms is found to be invalid or unenforceable by a court of law it may be severed and will not affect the remainder of the agreement which will continue in full force and effect.
18.3.	This Agreement may be executed in any number of counterparts, and this has the same effect as if the signatures on the counterparts were on a single copy of the Agreement.
18.4.	The failure of either party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
18.5.	Each party is an independent contractor and will not have any authority to bind or commit the other.
18.6.	Nothing in this Agreement will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose.

Schedule
Customer Name:
Provided by Customer Online

Primary Contact:
Provided by Customer Online

Primary Contact Phone:
Provided by Customer Online

Primary Contact Email:
Provided by Customer Online

Effective Measure Contact:
SouthEastAsia@effectivemeasure.com

Trial Effective Date:
Time stamped at time of Customer Online Registration.

Trial Conclusion Date:
3 months from time stamped commencement date from Customer Online Registration.

Summary of Services
* Effective Measure South East Asia Audience Measurement and Demographic industry benchmarking solution.
* Free Trial offering, commencing from the date of the online registration and expiring three months from such date.
 
Fees for the Service
* US $0 for the Term of this agreement.
* By participating in the Free Trial, the Customer Agrees to sign a new Schedule prior to the end of the free trial period, governed by the same terms and conditions contained within this Master Services Agreement,
* A new proposal and schedule will outline the fees and payment timeline for the post the Free Trial.
* A customer may cancel the service at any time during the free trial period. Those Customer's who wish to discontinue participation in Effective Measure past the trial period, must notify Effective Measure 7 business days prior to the end of the period.
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