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USING MILLWARD BROWN DIGITAL This Web site enables you a client of Millward Brown Digital, LLC ("we", "us", or "Millward Brown Digital") to create a custom Web survey ("Survey") for the purpose of conducting market research (the "Service"). In consideration for the use of Millward Brown Digital services, and other good and valuable consideration, the receipt of which is hereby acknowledged, the client of this service ("you" or "Customer") assents without modification to the terms and conditions below. As part of the Service, Millward Brown Digital agrees to collect information on your behalf and, except for those rights reserved herein, to provide you ownership rights in the Survey that is created, the information that is collected, and the reports that are generated or created from the collected information. As Millward Brown Digital and Millward Brown Digital' logo are Registered Trademarks, any use of Millward Brown Digital's name or logo must be pre-approved in writing prior to its use by contacting Millward Brown Digital at marketing@insightexpress.com, which will not be unreasonable withheld. Millward Brown Digital reserves the right not to field a Survey if we believe in our sole discretion that the Survey would be offensive or inappropriate to potential respondents. Information and other materials associated with Surveys, including questionnaire, tabulations, etc., will be retained on our Web site for six (6) months from the completion date of each Survey, and thereafter, all your materials pertaining to a Survey may be archived unless we agree in writing to retain or maintain such materials on our Web site for a longer time period. PRIVACY Because your privacy is important to us, we operate by the principles that are outlined in our privacy policy, which can be found at https://www.kantar.com/cookies-policies FEES AND PAYMENT You agree to pay for all Services conducted using your account, and you assume all risk associated with your account. If you do not pay for contracted services within 30 days, you agree interest will accrue at a rate of 1.5% per month until payment in-full is made to Millward Brown Digital or until a payment plan is negotiated with and accepted by Millward Brown Digital. Additionally, you agree to pay any and all fees associated with Millward Brown Digital's use of a collection agency to acquire payment for services rendered to you. Failure or non-payment in a timely fashion shall be deemed to be a material breach. In the event of non-payment for more than one (1) month, Millward Brown Digital shall have the right to reduce or suspend the Services. PROHIBITED USES You agree that you will not use this Web site or the information obtained from using this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, and not as a limitation, you agree that when using this Service, you shall not: * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; * Include within a survey, publish, post, distribute, or disseminate any obscene, indecent, or unlawful material or information; * Use the Service to solicit information from children under the age of thirteen (13); * Publish, post, distribute, upload or disseminate files that contain software, images, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; * Knowingly upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's or Millward Brown Digital's computer; * Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; * Configure a survey in a manner that causes information, programs, content or images to be uploaded that jeopardize the operation or execution of the Service or the computer of others; * Download any file posted by another user of a Survey that you know, or reasonably should know, cannot be legally distributed in such manner; * Use any information or services provided by Millward Brown Digital to knowingly, intentionally, or unintentionally, publicly or privately, injure, bring to harm, or harm Millward Brown Digital-either directly or indirectly; * Use the Service for any unlawful purpose; RESTRICTIONS ON USE OF MATERIALS The functionality of the Web site, or any Web site owned, operated, licensed, or controlled by Millward Brown Digital, may not be duplicated, replicated, or reverse engineered in any form or fashion. All trademarks, service marks, and trade names are proprietary to Millward Brown Digital, LLC. All contents of the Service and any Web site owned, operated, licensed, or controlled by Millward Brown Digital are subject to copyright protection. WARRANTIES AND DISCLAIMERS Millward Brown Digital warrants that it has the right to enter into this Contract and perform its obligations hereunder. Information provided by this Service is produced in accordance with commonly accepted market research methods and, as such, is subject to limits of statistical error. Although Millward Brown Digital uses reasonable measures to ensure the accuracy of the Services, and Millward Brown Digital will comply with all applicable laws in providing the Services, Millward Brown Digital will have no liability for any claims, loss, or damages resulting from your use of the information and Services and you assume complete responsibility for the use of any data, information, or written reports provided by Millward Brown Digital. Millward Brown Digital will take reasonable measures consistent with industry standards to ensure the confidentiality of surveys, in part or entirety, or any information that it collects or maintains on your behalf as part of our services. However, Millward Brown Digital cannot guarantee absolute security of any survey, in part or entirety, or information. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICE, INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INSIGHTEXPRESS AND/OR ITS RESPECTIVE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND LIABILITY FOR ERRORS, OMISSIONS, INADEQUACIES, MISUSE, OR INTERPRETATIONS OF ANY DATA, INFORMATION, OR WRITTEN REPORTS PROVIDED BY INSIGHTEXPRESS, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR ERRORS. INSIGHTEXPRESS AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE NOR DOES INSIGHTEXPRESS AND/OR ITS RESPECTIVE PARTNERS WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSIGHTEXPRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. INSIGHTEXPRESS DOES NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR MEETING THE NUMBER DESIRED RESPONDENTS OR AS TO THE SPECIFIC QUALITY OF THE RESPONDENTS THAT RESPOND TO YOUR SURVEY. INSIGHTEXPRESS RESERVES THE RIGHT AT ANY TIME TO UPDATE, CHANGE, MODIFY, OR IMPROVE THE FUNCTIONS AND/OR INFORMATION THAT IS PROVIDED BY THIS WEB SITE. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. LIMITATION OF LIABILITY IN NO EVENT SHALL INSIGHTEXPRESS AND/OR ITS PARTNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT SHALL INSIGHTEXPRESS AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OR ANY OF ITS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. JURISDICTION AND EXPORT This site is controlled and operated by Millward Brown Digital from its offices within the United States of America. Millward Brown Digital makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to United States export laws and regulations and shall not be downloaded by anyone located in, under the control of, or a national or resident of to whom export or re-export is prohibited under United States laws or regulations. ADDITIONAL AGREEMENTS WHEN WE PROVIDE RESPONDENTS As partial consideration for using this Service, you agree to grant a license to Millward Brown Digital to use information that is obtained or derived through your use of this Service provided that such use does not reveal your identity, product/service, or specific Survey results. The data you derive from each Survey is intended for the proprietary use of you and your agents only. Such data may not be resold or syndicated without the express written permission of Millward Brown Digital. The information derived from this Service is not intended for use in litigation, and use for litigation purposes is prohibited except with approval in writing by Millward Brown Digital prior to using the Service. You also agree that you will not use this Web site or the information obtained from using this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By way of example, and not as a limitation, you agree that when using this Service, you shall not: * Include within a survey, questions that solicit information regarding the consumption or use of tobacco or any unlawful or controlled substance or act; * Collect the names, physical addresses, telephone numbers, fax numbers, e-mail addresses, or other personally identifiable information of individuals who complete Surveys; * Advertise or offer to sell any goods or services or conduct contests or chain letters or use the Service for the purposes of direct mail/targeting, advertising, etc.; ADDITIONAL AGREEMENTS WHEN YOU PROVIDE RESPONDENTS When you use Millward Brown Digital with your respondents, you assent without modification to the following terms and conditions: 1. Use of Survey Services with e-mails. As a condition of using Millward Brown Digital services, Customer agrees to abide by all applicable local, state, national and international laws and regulations regarding the transmission of electronic data including but not limited to the Children's Online Privacy Protection Act of 1998 and the Data Protection Act of 1998. Customer further acknowledges that Millward Brown Digital services may not be used to create surveys that are sent to prospective participants by unsolicited electronic mail or "spam." Accordingly, Customer agrees that if Customer will send or cause to send any e-mail that includes (i) an invitation to participate in an Millward Brown Digital survey or (ii) a directly imbedded Millward Brown Digital survey only to such individuals who have expressly previously agreed to receive e-mails from Customer, for example, by express selection of an online menu option or button, self-originated e-mail message, or other affirmative manifestation of intent (that is, individuals who have "opted in"). Customer also agrees not to create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message that is in anyway associated with Millward Brown Digital services. 2. Indemnification Obligation. Customer acknowledges that transmission of unsolicited e-mail or spam is unlawful in many states ( e.g., Cal. Bus. & Prof. Code §§ 17538.4 and 17538.45; Del. Code Ann. Tit. 11, §§ 937, 938). Customer agrees to indemnify, defend and hold harmless Millward Brown Digital, LLC, and its management, officers and employees, and any subsidiary, parent or holding company of Millward Brown Digital, LLC, against any third party action, suit, claim, damages, losses, or harm, including reasonable attorneys' fees, incurred by or brought against Millward Brown Digital, LLC and arising from any e-mail that is sent or caused to be sent by the Customer, including, but are not limited to, any civil lawsuit, criminal prosecution, third party allegation of spamming that arises in response to the Customer sending or causing to send any e-mail that includes an invitation to participate in an Millward Brown Digital survey. 3. Nonexclusivity. The indemnification or advancement or reimbursement of expenses granted pursuant to or provided by the provisions of this Agreement shall be in addition to, and shall not be exclusive of, any other rights to indemnification and advancement or reimbursement of expenses to which Millward Brown Digital may otherwise be entitled by law, Certificate of Incorporation, By-Law (or other constitutional documents of any entity), insurance policy, contract or otherwise, provided that the Corporation shall not be required to indemnify an Indemnitee more than once for the same loss. Customer agrees to pay any and all direct, indirect and consequential damages, including but not limited to lost profits, business interruption costs, network fees and any other actual damages that can be reasonably calculated, including reasonable attorneys' fees, that are incurred by Millward Brown Digital, LLC and arising from any e-mail that is sent or caused to be sent by the Customer. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then Customer agrees to pay Millward Brown Digital liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. 4. Duration. Millward Brown Digital’s obligations shall be deemed complete and fulfilled upon the earlier of: (i) your Survey acquiring the number of purchased survey completions, or (ii) a period of thirty (30) days after initiation in which no survey completion was acquired for your Survey. 5. Termination. Millward Brown Digital may immediately suspend or terminate all service to any and all Customer accounts which it believes, in its sole discretion, is sending, causing to send, or is otherwise connected with any spam or other unsolicited bulk e-mail. Upon suspension or termination of service, Customer's right to use the Millward Brown Digital services immediately ceases and Millward Brown Digital shall have no obligation to maintain any content associated with Customer's accounts or to forward any information or data to the Customer or any third party. TERMINATION These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Services and deleting or destroying all information and materials obtained from any and all Millward Brown Digital site(s) whether obtained under the terms of these terms or otherwise. These terms will terminate immediately without notice from Millward Brown Digital if in Millward Brown Digital's sole discretion you fail to comply with any condition, term, or provision of these terms. Upon termination, you will delete or destroy all information and materials obtained using Services or from this site and all copies thereof, whether made under the terms of these terms or otherwise. SURVIVABILITY In the event of any termination or expiration of any agreement to use and receive the Services, the terms and conditions pertaining to sections of WARRANTIES AND DISCLAIMERS and LIMITATION OF LIABILITY shall survive such termination or expiration. AMENDMENT OF TERMS AND CONDITIONS Millward Brown Digital expressly reserves the right to change the terms, conditions, and notices under which this Web site is offered. GENERAL Any rights not expressly granted herein are reserved to Millward Brown Digital. These terms and conditions herein shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfield County, Connecticut and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of any such action. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Millward Brown Digital's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Millward Brown Digital with respect to such use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Millward Brown Digital as a result of this agreement or use of this Web site. This agreement constitutes the entire agreement between you and Millward Brown Digital with respect to the Services and this Web site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Millward Brown Digital with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

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