Effective Date: January 1, 2016

The SurveyMonkey Audience services (“Audience” or the “Service”) is provided subject to these Terms of Service (“Terms”) and any SurveyMonkey order form or similar SurveyMonkey document under which you purchased the Service (“Order Form”).

Capitalized but otherwise undefined terms in these Terms have the meanings given to them in the Order Form.

1. Service Description

1.1 Description. SurveyMonkey Audience comprises a family of services relating to survey design and analysis, and the procurement of survey responses from a targeted audience of survey respondents.

1.2 Audience Services Catalog. Descriptions and additional terms that apply to certain SurveyMonkey Audience services are contained in the Audience Services Catalog attached to these Terms (or, if not attached, located at http://www.surveymonkey.com/mp/legal and in effect as of the Effective Date of the Order Form under which such Services are ordered) and incorporated herein.

2. Payment Terms

2.1 Prepayments. If you have a SurveyMonkey Audience Prepayment in effect with SurveyMonkey, that prepaid account balance will be applied to pay the fees incurred under an Order Form for any Service that is part of the SurveyMonkey Audience family of Services. If such account balance is insufficient to pay the entire amount of fees for the Services, the remainder will be invoiced to you in accordance with the applicable payment terms set forth hereunder.

TERMS RELATED TO SAMPLE

3. Additional Definitions

3.1 Sample-related definitions. In these Terms:

  • Panelist” means a member of a survey panel, to whom invitations to take surveys are sent.
  • Project” means a Survey or series of related Surveys (e.g. recurring surveys) for which Customer requires Sample under an Order Form.
  • Sample” means a collection of Panelists who match or possess the Targeting Criteria, based on information Panelists have provided to SurveyMonkey.
  • Screening Questions” means the questions included in Surveys that are used to screen out or disqualify Survey respondents who do not meet Customer’s desired characteristics. Screening Questions can be used by Customer to validate the Targeting Criteria or to undertake Sample screening additional to the Targeting Criteria.
  • Survey” means a survey developed by or on behalf of Customer that Customer desires to be sent to Sample.
  • Survey Complete” means a Survey that has been completed by a survey respondent, including a survey respondent who has been screened out via Screening Questions in that Survey. Survey Completes may be referred to as “survey responses”, “finished survey responses”, or similar terminology on an Order Form.
  • Targeting Criteria” means the criteria provided by Customer and specified on an Order Form, that SurveyMonkey will use to target Sample. Such criteria consists of the demographic and other characteristics that Customer desires the Sample to possess.
  • 4. Purchases of Sample

    4.1 Provision of Sample. If Customer purchases Sample, SurveyMonkey will send an invitation to Sample that materially conforms to the Targeting Criteria (based on information supplied by the Panelist to SurveyMonkey) to complete the relevant Survey. SurveyMonkey will use commercially reasonable efforts to obtain the number of Survey Completes that Client has ordered under an Order Form, but the actual number obtained may be less or more depending on a variety of factors (some of which are beyond SurveyMonkey’s control), such as the nature of the Customer’s Survey, the Targeting Criteria desired, and the prevailing availability of Panelists who meet the Targeting Criteria. Unless otherwise agreed, Customer may not access the Sample in any other manner.

    4.2 Pricing. Customer agrees that it will be charged based on the number of Survey Completes actually received by Customer, even if such Survey Completes exceed the estimates set forth in the Order Form. Customer is responsible for establishing and managing quotas to prevent overages in the number of Survey Completes received. If Customer makes a payment before a Project is complete, SurveyMonkey will refund any amounts prepaid for Survey Completes requested but not received by Customer at Project completion.

    4.3 Order Form specifications. The pricing for any Sample specified on an Order Form is based on a number of variables, some of which can only be estimated at the time the Order Form is executed and which will only be known upon Project completion. If pricing is based upon estimates, final pricing will be based on the actual variables determined upon Project completion. If the final pricing differs from the fees paid by Customer based on estimated pricing, SurveyMonkey will refund or invoice Customer the difference (as applicable).

    4.4 Estimated Sample variables. The pricing for Sample may be based on one or more of the following variables, which will be estimated at the time the Order Form is executed:

    4.5 Additional assistance. If Customer purchases Sample, SurveyMonkey may, at its sole discretion and at no extra charge, also provide Customer limited assistance with creating and designing a Survey, which Customer may use in conjunction with the Sample purchased.

    4.6 Project changes. Neither changes to a Survey nor changes to its Targeting Criteria can be made after your Survey has launched without the prior written approval of SurveyMonkey. Agreed changes may result in a change in the fees payable.

    4.7 Source Panel. Sample may be sourced by SurveyMonkey from a variety of survey panels. Unless otherwise specified on an Order Form, the survey panel or panels will be selected at SurveyMonkey’s discretion (“Source Panel”). SurveyMonkey’s selections are intended to closest meet what SurveyMonkey understands Customer’s requirements to be. Please contact your SurveyMonkey account representative to learn more about the Source Panel from which your Survey Completes may be sourced. Customer may request SurveyMonkey to disclose which Source Panel will be used to fulfill Customer’s order for Survey Completes. If SurveyMonkey sources Sample from third party providers, SurveyMonkey will remain responsible to Customer for all performance required under these Terms.

    4.8 Contribute Privacy Statement. If the Source Panel used for a Survey is SurveyMonkey Contribute, Customer consents to the treatment of that Survey and its survey responses in accordance with the SurveyMonkey Contribute Privacy Statement located at http://contribute.surveymonkey.com/privacy.

    5. Customer Responsibilities

    5.1 Survey creation. Except to the extent that SurveyMonkey has expressly agreed to create or provide access to the Surveys as part of the Services provided under an Order Form:

    Failure by Customer to provide complete details or a properly configured Survey may lead to deployment delays.

    5.2 Responsibility for Surveys. Except to the extent that SurveyMonkey has drafted Survey questions for Customer as part of the Services provided under an Order Form, Customer is solely responsible for all Surveys, assumes all risks associated with the Surveys, and will indemnify and hold SurveyMonkey harmless on demand from any liabilities, damages, and costs incurred by SurveyMonkey arising out of a third party claim in relation to such Surveys. If SurveyMonkey has provided Services that involve the drafting of Surveys for Customer, Customer will be solely responsible for any modifications it makes to the Survey questions provided by SurveyMonkey.

    5.3 Provision of information and approvals. Unless otherwise agreed in the Order Form, Customer will provide all information and approvals necessary for SurveyMonkey to start providing the Services within one year of execution of the Order Form.

    5.4 Access to survey platform. Customer agrees that it will provide to SurveyMonkey real-time access to its Survey reporting platform and/or provide regular updates about Surveys in progress to ensure that Survey Complete quotas are being filled as specified.

    5.5 Customer lists. SurveyMonkey may identify Customer (by name and logo) as a SurveyMonkey customer on SurveyMonkey’s website and on other promotional materials. Any goodwill arising from the use of Customer’s name and logo will inure to the benefit of Customer.

    6. Acceptable Use Policy

    6.1 Survey content restrictions. Customer agrees that:

    6.2 Spamming and unauthorized access. Customer further agrees not to use the Sample to:

    6.3 Survey compliance. If SurveyMonkey receives negative feedback from survey respondents about a Survey, SurveyMonkey will review such feedback. Customer’s Survey may be suspended or cancelled if such feedback reveals that the Survey does not comply with these Terms. SurveyMonkey has the right, but not the obligation, to review any Surveys. If a Survey, in SurveyMonkey’s reasonable belief: (a) breaches this Agreement or violates the rights of any third party; (b) harms or threatens the safety of anyone; or (c) creates liability for SurveyMonkey, SurveyMonkey may suspend the relevant Survey until the problem is rectified, or end that Survey.

    6.3 Survey compliance. If SurveyMonkey receives negative feedback from survey respondents about a Survey, SurveyMonkey will review such feedback. Customer’s Survey may be suspended or cancelled if such feedback reveals that the Survey does not comply with these Terms. SurveyMonkey has the right, but not the obligation, to review any Surveys. If a Survey, in SurveyMonkey’s reasonable belief: (a) breaches this Agreement or violates the rights of any third party; (b) harms or threatens the safety of anyone; or (c) creates liability for SurveyMonkey, SurveyMonkey may suspend the relevant Survey until the problem is rectified, or end that Survey.