Marketing Phone Survey

MARKETING PHONE SURVEY

Parties

Client Name:

Agency Name:

Effective Date:

Scope and Purpose

This Marketing Phone Survey Agreement (Agreement) authorizes the Agency to conduct outbound telephone market research on behalf of the Client for the campaign identified below and to collect, process, analyze and deliver survey responses in accordance with the terms and conditions set forth herein. The Agency will act as an independent contractor and will not represent that it is an employee or agent of the Client.

Campaign Details

Estimated Sample Size:     Geographic Scope:

Languages:     Fielding Start Date:     Fielding End Date:

Call Script & Respondent Interaction

The Agency will use the script approved by the Client. The Client shall provide final script approval in writing prior to fielding. The Agency will not materially deviate from the approved script without prior written consent from the Client.

Calls may be: Live interviewer Autodialer Pre-recorded message

Consent, Recording & Compliance

The Agency shall obtain affirmative consent from each respondent as required by applicable law prior to asking marketing or survey questions. The Agency will inform respondents if calls are monitored or recorded and will obtain consent where required. The Agency will not place calls to numbers registered on a do-not-call registry or numbers for which the Client does not possess lawful contact consent.

Recording Consent Required: Yes No

FTC Disclosure Compliance Statement: Agency represents that any promotional statements made to respondents in the course of the survey will comply with truthful advertising and disclosure standards and will not be deceptive. The Agency will include any required disclosures within the script as approved by the Client.

Data Handling & Deliverables

Deliverables and format: The Agency shall deliver collected data as indicated below and in a mutually agreed format. Deliverables shall be free from personally identifiable information except where expressly agreed and lawful.

Raw respondent records (de-identified): Yes    Call recordings: Yes    Transcripts: Yes

Compensation & Payment

Total Fee: $

Invoice Terms:     Kill Fee (if applicable): $

Exclusivity

The parties agree that during the Fielding Period the Agency will . Any exclusive arrangement and its geographic or product scope must be set forth in writing below.

Intellectual Property

Ownership of original materials: Client retains all ownership rights in Client-provided materials and trademarks. The Agency retains ownership of its proprietary survey methodologies, templates and anonymized aggregated datasets (Agency IP). The Client is granted a non-exclusive, worldwide, royalty-free license to use Agency IP solely for internal analysis and commercial use in connection with the Campaign unless otherwise agreed in writing.

Use of Respondent Content: The Client shall acquire a license to use survey responses consistent with the Deliverables section, provided the Agency has obtained lawful consent for such use. Personal data shall be handled in compliance with applicable privacy law.

Confidentiality

Each party shall treat Confidential Information of the other party as confidential and only use it for performance under this Agreement. Confidential Information excludes information that is or becomes public other than through a breach by the receiving party, is independently developed, or is rightfully received from a third party.

Representations, Indemnity & Limitation of Liability

Each party represents that it has the right and authority to enter this Agreement and to perform its obligations. The Agency will comply with applicable laws governing telemarketing and data collection. The Client will indemnify and hold harmless the Agency from claims arising from Client-provided lists, materials, or instructions that violate law. The aggregate liability of either party for direct damages arising from the Agreement shall not exceed the total fees paid by Client to Agency under this Agreement; neither party shall be liable for indirect, special or consequential damages.

Termination

Either party may terminate this Agreement upon days' prior written notice. If the Client terminates without cause after fielding has commenced, the Client will pay a kill fee as set forth above and reimburse the Agency for reasonable costs incurred to date.

Recordkeeping & Audit

The Agency shall maintain records supporting fielding activities and respondent consents for a period of from the end of fielding. The Client may request an audit of records upon reasonable notice and at Client's expense.

Miscellaneous

Notices shall be in writing and delivered to the addresses provided in the signature block. This Agreement constitutes the entire agreement between the parties and supersedes prior proposals or understandings related to the Campaign. Any amendment must be in writing and signed by both parties.

Acknowledgment

By signing below, each party confirms that the individual signing on behalf of such party is authorized to bind the party to this Agreement and that the party has read, understands, and agrees to the terms set forth herein.

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