Advertising Effectiveness Study Agreement

Agreement to Conduct an Advertising Effectiveness Study Between a Consultant and an Advertiser

Agreement made on the day of , 20, between (Consultant) of , referred to herein as Consultant, and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Advertiser.

Whereas, Advertiser designs, constructs, and implements advertising campaigns; and

Whereas, Advertiser desires to determine the effectiveness of a particular advertising campaign; and

Whereas, Consultant desires to conduct a marketing research survey to determine the advertising effectiveness of said 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:

1. Identification of Project

Advertiser currently represents , hereafter referred to as Client, and has responsibility for the design, implementation, and conduct of the total advertising campaign for , a product of Client.

Advertiser has had this Client’s account for a period of months, and has reason to question the total effectiveness of Advertiser’s campaign. However, Advertiser desires that a marketing research survey be conducted by a qualified firm to determine the effectiveness and acceptability of the advertising campaign. Consultant has had years experience in designing, conducting, and reporting on consumer opinion and attitude surveys, including surveys to determine advertising acceptability and effectiveness on consumers. Consultant proposes to design, conduct, and report the results of a survey for Advertiser.

2. Project Objectives

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. The general objectives of the project are as follows:

A. Design a consumer attitude survey for measuring reaction to the advertisements;

B. Test the survey for validity;

C. Select and train survey personnel;

D. Administer the survey for Advertiser;

E. Collect, organize, and interpret the results of the survey; and

F. Present the results to Advertiser, with application and interpretations of findings.

3. 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. 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.

B. Interviews by mail shall be conducted using a sample size of , to be selected at random from . 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.

C. Interviews by telephone shall be conducted using a sample size of , to be selected at random from . Follow-up interviews with nonresponsive parties shall be conducted by repeat telephone calls conducted by telephone survey personnel.

Personal interviews shall be conducted by field personnel using a sample size of , to be selected at random from . Follow-up interviews with nonresponsive parties shall be conducted by field personnel using the personal survey interview questionnaire.

Validation procedures for each of the above three questionnaires shall be commenced , and proceed for days. Consultant shall complete all questionnaire redesign and verification by .

D. Administration of the questionnaire testing of all three samples shall begin , and shall be concluded on or before . All data shall be supplied to Consultant from interviewers as received.

E. 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 document. The total cost for the proposed survey to be performed by Consultant is estimated to be $, of which $ represents contingency expenses as follows:

These costs do not include the costs of services to be furnished by a computer firm for the compilation and printing of survey results. The computer firm is hereafter referred to as Associate.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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 .

10. 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 utilized by Advertiser.

11. 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.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Notices

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.

14. Mandatory Arbitration

Notwithstanding the foregoing, and anything herein to the contrary, 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.

15. 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.

16. 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.

17. 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.

WITNESS our signatures as of the day and date first above stated.