Fill and Sign the Agreement Conduct Template Form

Agreement to Conduct Advertising Effectiveness Study Agreement made on the ______________ (date) , between _________________ (Name of Advertiser) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at __________________________ ___________________________ (street address, city, state, zip code) , referred to herein as Advertiser , and __________________ (Name of Consultant) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________________________________ (street address, city, state, zip code) , referred to herein as Consultant . Whereas, Advertiser designs, constructs, and implements advertising campaigns; and Whereas, Advertiser desires to determine the effectiveness of an advertising campaign; and Whereas, Consultant desires to conduct a marketing research survey to determine the advertising effectiveness of Advertiser's campaign; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Product Identification A. Advertiser presently represents ________________ (Name of Client) as one of Advertiser's accounts, and has responsibility for the design, implementation, and conduct of the total advertising campaign for _________________________ (name of product) , a product of Advertiser's Client. Advertiser has had this account and responsibility for a period of _____ (number) months, and has reason to question the total effectiveness of the advertising campaign. Advertiser desires that a marketing research survey be conducted by a qualified firm to determine the effectiveness and acceptability of the advertising campaign. B. Consultant has had _____ (number) years experience in designing, conducting, and reporting on consumer opinion and attitude surveys, including _____ (number) surveys to determine advertising acceptability and effectiveness on consumers. Consultant proposes to design, conduct, and report the results of a survey for Advertiser. II. Objectives of Product A. The general objectives of the project are to: 1. Design a consumer attitude survey for measuring reaction to the advertisements, 2. Test the survey for validity, 3. Select and train survey personnel, 4. Administer the survey for Advertiser, 5. Collect, organize, and interpret the results of the survey, and 6. Present the results to Advertiser, with application and interpretations of findings. B. The specific objective of the project is for Consultant to assist Advertiser in determining if Advertiser's advertising campaign is effective, and if not, to ascertain and recommend probable corrective measures to Advertiser for increasing the effectiveness of the advertising. III. Procedural Planning A. Consultant has considered the aspects of operations, costs, and reliability in determining the exact definition and extent of the survey to be performed for Advertiser. The results of this procedural planning have determined the complete scope of the survey to be performed for the available funds. B. Consultant shall develop questionnaire forms to be used in three specific types of interviewing to be conducted, consisting of questionnaires by mail, telephone interviews, and personal interviews. C. Interviews by mail shall be conducted using a sample size of __________ ____________ (number of samples) , to be selected at random from _________ __________________________________________ (source of mail samples) . Follow-up interviews with nonresponsive parties shall be conducted by field survey teams engaged in personal interviews by administering the mail interview questionnaires in person. D. Interviews by telephone shall be conducted using a sample size of ___________________ (number of samples) , to be selected at random from ___________________________ (source of telephone samples) . Follow-up interviews with nonresponsive parties shall be conducted by repeat telephone calls conducted by telephone survey personnel. E. Personal interviews shall be conducted by field personnel using a sample size of _______________ (number of samples) , to be selected at random from ____________________ (source of personal interview samples) . Follow-up interviews with nonresponsive parties shall be conducted by field personnel using the personal survey interview questionnaire. F. Validation procedures for each of the above three questionnaires shall be commenced on _______________ (date) and proceed for ______ (number) days. Consultant shall complete all questionnaire redesign and verification by ______________ (date) . G. Administration of the questionnaire testing of all three samples shall begin _________________ (date) , and shall be concluded on or before ____________ (date) . All data shall be supplied to Consultant from interviewers as received. H. Consultant presently has all personnel necessary to conduct the full survey. The number, titles, and qualifications of the personnel are listed in Exhibit A , which is attached to this Agreement. IV. Cost The total cost for the proposed survey to be performed by Consultant is estimated to be $___________, of which $____________ represents contingency expenses as follows: _________________________________________________ (description of contingency expenses) . These costs do not include the costs of services to be furnished by a computer firm (the Associate ) for the compilation and printing of survey results. V. Parties to Proposal In addition to Consultant, the services of Associate are contemplated in providing computer programming, machine time, and tabulations for formatting and compiling the results of the three surveys. The computer firm shall be an associate of Consultant, and shall receive all information and instructions from Consultant, but shall prepare a separate proposal and enter a separate contract with Advertiser for Associate's services. VI. Data Collection Sources The data essential to the compilation of consumer attitudes toward Advertiser's advertising campaign shall be collected by Consultant from the results of administering the three questionnaires to consumers, from media records of the number and frequency of advertisements and the attitude surveys compiled by the media, from Advertiser's records of comparable campaigns and results, from Advertiser's clients by use of Advertiser's sales records, and by application of recognized statistical principles to the accumulated data. VII. Data Collection Research The data collected shall be analyzed both qualitatively and quantitatively for significance to the specific purpose of the survey. The data shall be reported to Associate in all categories necessary to give a complete computer analysis of the data by all significant categories. Consultant shall inspect and edit all results received from the questionnaires and verify that accurate data is entered into the computer. Consultant shall review computer printouts to insure that all categories of data are being reported, and, if required, notify Associate of necessary computer programming format changes. VIII. Organization of Data A. Consultant shall organize the collected data enabling Consultant to obtain from Associate computer printouts extracting and reporting all categories of resulting information and allowing Consultant to interpret the results from the printouts. Computer input data shall be examined to select only that information relative to the specific objective of the survey. Consultant shall examine all collected data for relevance, reliability, and practicability, and only use that data meeting these three criteria in preparation of computer input sheets. B. Consultant shall classify and arrange all data received from Associate for presentation to Advertiser in a manner that will facilitate an understanding of the computer printout data by Advertiser. C. Consultant shall analyze the data to determine all relationships between the data obtained, such as correlations, and shall apply statistical techniques to the analysis to verify authenticity and accuracy of the analysis. Any relevant correlations established as a result of the survey shall be included in the presentation, even if they were not originally projected or anticipated as a product of the survey. Consultant shall be responsible for selecting the specific data to be included in the final presentation to Advertiser and for developing a listing of all sources, authorities, and references used by Consultant in arriving at the conclusions. IX. Interpretation of Data A tentative set of conclusions shall be formulated by Consultant from the data output of Associate. These tentative conclusions shall be drawn to either support or refute the specific objective of the survey, and thus shall be directed at proving or disproving the effectiveness of the advertising campaign. The tentative conclusions shall be tested by a comparison of the results with known possible alternatives, and final conclusions shall be prepared on confirmation that the tentative conclusions have been properly revised as necessary or on confirmation that the tentative conclusions are valid. X. Presentation of Results Consultant shall be responsible for determining the method of presentation of the final report, the preparation and accuracy of the report, and a final presentation of the report to Advertiser on or before _______________ (date) . XI. Application of Results Associate shall assist Consultant in the preparation of all output data necessary to assist Advertiser in applying the survey data to a determination of the effectiveness of the advertising campaign. Additionally, the data shall be presented in any beneficial sequence that may depict either potential strengths or weaknesses in the advertising techniques currently used by Advertiser. XII. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. XIII. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XIV. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. XV. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. X VI. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XVII. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XVIII. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XIX. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XX. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XXI. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. _______________________ _________________________ (Name of Advertiser) (Name of Consultant) By: ____________________________ By: ______________________________ ________________________ _________________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) ________________________ _________________________ (Signature of Officer) (Signature of Officer) Attach Exhibit