The Quantitative MindReading Agency
United States Mint: Tracking Questionnaire Q1 |
|
Client |
Campbell-Ewald |
Client Contact |
Casey Ingle [email protected]Tel: + 1 586-558-5928 |
Account Team
|
Alex Hunt [email protected] Tel : +1 917 293 7484 Mandolin Lextrait [email protected] Tel : +1 646-322-7553 |
BJ Project No. |
P110336 |
Date |
February 2nd, 2010 |
Target Audience
Markets: US
Blended Incidence Level: 30%
Length of Juicer: 25 minutes
Sample Design: 3,250 interviews per wave
500 Current US Mint Customers (US Mint to provide email list)
500 Lapsed US Mint Customers (US Mint to provide email list)
500 Purchases/Collectors of Competitive products
500 Pocket change collectors
500 Purchases of keepsake products as gifts (watches, pens, coins, jewellery)
500 General Market
250 National Parks Enthusiasts
Target Audience |
Quota |
Current US Mint Customers (US Mint to provide email list) |
500 |
Lapsed US Mint Customers (US Mint to provide email list) |
500 |
Purchases/Collectors of Competitive products |
500 |
Pocket change collectors |
500 |
Purchases of keepsake products as gifts (watches, pens, coins, jewellery) |
500 |
General Market |
500 |
National Parks Enthusiasts |
250 |
Survey Flow
|
Email invitation from Panel |
|
|
Instructions: |
Email inviting respondents to take part in the BrainJuicer®, URL link to the survey |
|
Start |
|
|
|
Hello May
I take a moment to juice your brain? Click
here to start (takes about 25 mins) |
|
Explanation & Confidentiality |
|
|
|
Just
before we get started (particularly if you’re new to
BrainJuicer), a quick explanation of how a Juicer works... |
|
Freeform |
|
|
|
|
||
Freeform |
BrainJuicer uses an innovative approach to asking questions; rather than restrict you to choosing from a list of possible answers compiled by us we'd like you to give us your own answers - whatever they may be! |
|
Freeform |
|
|
|
|
||
Freeform |
Before you continue, please confirm the following: I agree not to disclose the contents of the survey to anyone else. I agree that any ideas discussed or generated as a result of your participation will belong to our client. |
|
Radio button |
Mandatory |
|
|
|
||
Question: |
Do you accept the terms above? |
||
Answers: |
Yes |
|
|
|
No |
Reject |
|
Sample Filter and Respondent Profiling |
|
|
|
Thanks.
First a few questions about you. |
|
Dropdown |
Mandatory |
|
|
|
||
Question: |
Your age? |
||
Answers: |
0 – 17 years old |
Screenout |
|
|
18 – 27 years old |
|
|
|
28 – 34 years old |
|
|
|
35 – 44 years old |
|
|
|
45 – 54 years old |
|
|
|
55 – 64 years old |
|
|
|
65+ years old |
|
|
Radio button |
Mandatory |
|
|
|
||
Question: |
Your gender? |
||
Answers: |
Male |
|
|
|
Female |
|
|
Checkbox |
Mandatory |
|
|
|
||
Question: |
Please indicate if you or a member of your household works in any of these professions. |
||
Answers: |
Accountancy |
|
|
|
Advertising, Media, Publishing |
Screenout |
|
|
Beverage Manufacture or Distribution |
|
|
|
Education |
|
|
|
Health, Nursing, Social Services |
|
|
|
IT/Telecoms |
|
|
|
Journalism |
Screenout |
|
|
Legal |
|
|
|
Marketing |
Screenout |
|
|
Market Research |
Screenout |
|
|
Not for Profit / Charities |
|
|
|
Public Relations |
Screenout |
|
|
Recruitment |
|
|
|
Retail |
|
|
|
Travel, Leisure, Tourism |
Screenout |
|
|
U.S. Government employee |
Screenout |
|
|
None of the above |
|
|
Dropdown |
Mandatory |
|
|
|
||
Question: |
What state do you live in? |
||
Answers: |
|
|
|
|
Menu of all US states. Ensure Wash. D.C. is included in list |
|
|
Text box |
Mandatory |
|
|
|
||
Question: |
What is your first name? This is simply to personalize the study for you. |
||
Answers: |
|
|
|
Tech note: |
[FirstName] |
|
|
Profiling - National Park Enthusiasts |
|
|
|
Have
you visited a national park in the last 3 years? |
|
Radio button |
Mandatory |
|
Question: |
Have you visited a national park, forest or site in the last 3 years? |
||
Answer: |
Yes |
National Park Enthusiast |
|
Answer: |
No |
|
|
Profiling - National Park Enthusiasts |
|
|
|
Have
you watched any TV shows / documentaries or read any books about
the national parks in the past three years?
|
|
Radio button |
Mandatory |
|
Question: |
Have you watched any TV shows / documentaries or read any books about the national parks, forests and sites in the past three years? |
||
Answer: |
Yes |
National Park Enthusiast |
|
Answer: |
No |
|
|
Profiling – Keepsake Purchaser |
|
|
|
In
the past two
years
have you purchased any of the following types of products as a
gift for someone?
(please check all that apply) |
|
Check box |
Mandatory |
|
Question: |
In the past two years have you purchased any of the following types of products as a gift for someone? (please check all that apply) |
||
Answer: |
Collectable Coin |
Keepsake Purchaser |
|
Answer: |
Jewelry |
Keepsake Purchaser |
|
Answer: |
Pen |
Keepsake Purchaser |
|
Answer: |
Watch |
Keepsake Purchaser |
|
Answer: |
Other collectable item |
Keepsake Purchaser |
|
Answer: |
None of the above |
Exclusive |
|
Profiling – Coin Purchaser |
|
|
|
In
the past two
years
have you…(please
check all that apply) |
|
Check box |
Mandatory |
|
Question: |
In the past two years have you…(please check all that apply) |
||
Answer: |
Purchased a collectable coins or coin set for yourself |
Coin collector/purchaser |
|
Answer: |
Come across a collectable coin in circulation that you intentionally set aside and didn’t spend. |
Coin collector/purchaser |
|
Answer: |
Purchased a collectable coin or coin set for someone as a gift |
Coin collector/purchase Coin Giver |
|
Answer: |
None of the above |
Exclusive |
Tech Note: All respondents qualify as General Market – please fill this quota first. Once General Market quota is filled, please fill other quotas in order of least filled.
Tech Note: Skip ‘Purchaser of Competitor Products’ if select ‘None of the above’
|
Profiling – Purchaser of Competitor Products |
|
|
|
Thanks!
In the past two
years
have you purchased or collected…(please
check all that apply)
|
|
Grid – Radio Button Across |
Mandatory |
|
|||
Answer |
I have collected, but not purchased, this coin (e.g. received as a gift or pulled from circulation). |
I have purchased this coin either as a gift or for my own collection. |
I have both collected, but not purchased, and purchased this coin. |
I have neither collected nor purchased this coin. |
||
Question: |
Obama Coin |
|||||
Question: |
9/11 Coin |
|||||
Question: |
Painted or colorized quarters |
|||||
Question: |
Presidential $1 coins in display frame, wooden box or safe |
|||||
Question: |
Full set of all 50 state quarters |
|||||
Question: |
Gold Plated quarters |
|
Awareness – Unaided |
|
|
|
When
you think about companies and institutions that manufacture and
sell collectable coins, which come to mind? Please type as many
as you can think of below, using a separate box for each company
or institution. |
|
Text box |
8 answers |
|
Question: |
When you think about companies and institutions that manufacture and sell collectable coins, which come to mind? Please type as many as you can think of below, using a separate box for each company or institution. |
||
Instruction: |
Record first mention |
|
Aided Awareness - US Mint and Competitors |
|
|
|
Below
is a list of companies and institutions that manufacture
and sell collectable
coins. Please tell us whether you have heard of any of the
following.
|
|
Grid – Radio Button Across |
Mandatory |
|
|
Question: |
Yes, I have heard of this company or institution |
No, I have not heard of this company or institution |
||
Answer: |
Franklin Mint |
|
||
Answer: |
World Reserve Monetary Exchange |
|
||
Answer: |
United States Mint |
|
||
Answer: |
National Collectors Mint |
|
||
Answer: |
Littleton Coin Company |
|
TECH NOTE: Only ask ‘Purchasers - US Mint and Competitors’ & ‘Consideration - US Mint and Competitors’ for brands ‘Yes’ in ‘Aided Awareness - US Mint and Competitors’
|
Purchasers - US Mint and Competitors |
|
|
|
Again,
please take a look at the list of companies and institutions
that manufacture
and sell collectable
coins that you are aware of. Please tell us whether or not you
have purchased
or collected
coins from any of the following companies
or institutions.
|
|
Grid – Radio Button Across |
Mandatory |
|
|||
Answer |
I have collected, but not purchased, a product from this company / institution (e.g. received as a gift or pulled from circulation). |
I have purchased a product from this company / institution either as a gift or for my own collection. |
I have both collected, but not purchased, and purchased products from this company / institution. |
I have neither collected nor purchased products from this company / institution. |
||
Question: |
Franklin Mint |
|||||
Question: |
World Reserve Monetary Exchange |
|||||
Question: |
United States Mint |
|||||
Question: |
National Collectors Mint |
|||||
Question: |
Littleton Coin Company |
|
Consideration - US Mint and Competitors |
|
|
|
Finally,
please tell us how likely you are to consider purchasing from
the following companies or institutions in
the next 12 months.
|
|
Dropdown |
Mandatory |
|
||||
Question: |
Franklin Mint |
World Reserve Monetary Exchange |
United States Mint |
National Collectors Mint |
Littleton Coin Company |
||
Answers: |
Have purchased and would consider purchasing in the next 12 months |
|
|||||
|
Have not purchased but would consider purchasing in the next 12 months |
|
|||||
|
Have purchased but would not consider purchasing in the next 12 months |
|
|||||
|
Have not purchased but would not consider purchasing in the next 12 months |
|
|
Start of Rotation Sequence |
|
|
Instructions: |
Ask ‘FaceTrace’ ‘Impressions’ and ‘Net Promoter Score’ for up to 3 randomly selected brands which respondent is aware of -‘Yes’ in ‘Aided Awareness - US Mint and Competitors’ |
Instructions: |
Brands: Franklin Mint World Reserve Monetary Exchange United States Mint National Collectors Mint Littleton Coin Company |
|
US Mint FaceTrace - Emotional scale |
|
|
|
Next,
we would like to hear your thoughts and opinions on [insert
brand].
Please think about [insert
brand]
and
tell us which of these faces best reflects how you feel about
it? |
|
Radio button |
Mandatory |
|
|
|
||
Question: |
Next, we would like to hear your thoughts and opinions on [insert brand]. Please think about [insert brand] and tell us which of these faces best reflects how you feel about it? |
||
Answer: |
Emotional Wheel Responses |
|
|
US Mint FaceTrace - Emotional Intensity |
|
|
|
To
what degree does [insert
brand]
make
you feel this emotion?
|
|
|
|
|
Question: |
To what degree does [insert brand] make you feel this emotion? |
||
Answer: |
Strongly |
||
Answer: |
Fairly Strongly |
|
|
Answer: |
Not very strongly |
|
|
US Mint FaceTrace - Reason for Face Selection |
|
|
|
What
is it about [insert
brand]
that
made you select this face? (please
type your answers below or click to select it from the
existing answer buttons) |
|
MindReader |
1 answer x 1 order |
|
Question: |
What is it about [insert brand] that made you select this face? (please type your answers below or click to select it from the existing answer buttons)
|
|
Impression of US Mint – Unaided |
|
|
|
Again,
thinking just about [insert
brand],
what is your main impression of this particular company or
institution that manufactures
and sells collectable coins?
(please type your answers below or click to select it from the
existing answer buttons) |
|
MindReader |
1 answer x 2 orders |
|
Question: |
Again, thinking just about [insert brand], what is your main impression of this particular company or institution that manufactures and sells collectable coins? (please type your answers below or click to select it from the existing answer buttons)
|
||
Question: |
What is it about [insert brand] that gave you this impression? (please type your answers below or click to select it from the existing answer buttons) |
R |
Net Promoter Score – US Mint |
|
|
|
To
what degree would you recommend [insert
brand] products
to a friend or colleague? |
|
10-point scale horizontal Radio button Label: Extremely likely (left) – Extremely unlikely (right) Make the spacing between the radio buttons equal |
Mandatory |
|
|
|
||
Question: |
To what degree would you recommend [insert brand] products to a friend or colleague? |
||
Answers: |
10 - Extremely likely |
Promoter |
|
|
9 |
Promoter |
|
|
8 |
Passive |
|
|
7 |
Passive |
|
|
6 |
Detractor |
|
|
5 |
Detractor |
|
|
4 |
Detractor |
|
|
3 |
Detractor |
|
|
2 |
Detractor |
|
|
1 |
Detractor |
|
|
0 - Extremely unlikely |
Detractor |
S |
Why? – US Mint and Competitors |
|
|
|
What
is it that made you give [insert brand]
this
rating? (Please
type your answer below or click to select it from the existing
answer buttons) |
|
MindReader on why |
1 answer x 2 orders |
|
|
|
||
Question: |
What is it that made you give [insert brand] this rating? (Please type your answer below or click to select it from the existing answer buttons) |
||
Question: |
And why is ‘[previous answer]’ so relevant to you? (please type your answer below or click to select it from the existing answer buttons) |
|
End of Rotation Sequence |
|
|
Instructions: |
If respondent has answer for 1 or 2 brands, loop back to ‘FaceTrace’. If respondent has answered for 3 brands, continue. |
TECH NOTE: Only ask ‘Impression of US Mint Products – Aided Attributes’ if ‘Yes’ for US Mint in ‘Aided Awareness - US Mint and Competitors’
|
Impression of US Mint Products – Aided Attributes |
|
|
|
Now,
shifting gears back to the United
States Mint collectable coins,
please indicate how strongly you agree or disagree with each of
the following statements in relation to the United
States Mint collectable coins.
Select ONE
box for each statement. |
|
5-point agree/disagree scale |
Mandatory |
|
|||||
|
|
|||||||
Answers: |
Strongly Agree |
Agree |
Neither agree nor Disagree |
Disagree |
Strongly Disagree |
|
||
Question: |
Is an official brand of collectable coins |
|||||||
|
Is an authentic brand of collectable coins |
|||||||
|
Is a brand of collectable coins that connects me to my country |
|||||||
|
Is a brand of collectable coins that I am proud to share with my family and friends Is a brand of collectable coins that I would want to pass onto my children later in life |
|||||||
|
Is a brand of collectable coins that I would like to collect more of |
|||||||
|
Is a brand of collectable coins that I would like to collect forever |
|||||||
|
Is a brand of collectable coins that symbolize US history |
|||||||
|
Is a brand of collectable coins that makes me feel patriotic |
|||||||
|
Is a brand of collectable coins which is backed by the U.S. government and makes the actual money in circulation |
T |
Communications Awareness |
|
|
|
Continuing
to think about the United States Mint, please
think about all the different places you have seen, heard or
read about the United
States Mint recently.
This can include all the different kinds of advertising, home
mailings and other activities that promote the United
States Mint in
addition to news stories, TV shows and information on the
Internet. Have
you seen, heard or read anything about the United
States Mint anywhere
recently? |
|
Radio button |
|
|
|
|
||
Question: |
Continuing to think about the United States Mint, please think about all the different places you have seen, heard or read about the United States Mint recently. This can include all the different kinds of advertising, home mailings and other activities that promote the United States Mint in addition to news stories, TV shows and information on the Internet. Have you seen, heard or read anything about the United States Mint anywhere recently?
|
||
Answers: |
Yes |
||
|
No |
TECH NOTE: If ‘Yes’ in ‘Communications Awareness’ ask ‘Communication Awareness – Why’
|
Communication Awareness – Why |
|
|
|
You
indicated that you have seen, heard or read about the United
States Mint recently,
what have you seen, heard or read?
(please
type your answers below or click to select it from the
existing answer buttons) |
|
MindReader |
1 answer x 1 order |
|
Question: |
You indicated that you have seen, heard or read about the United States Mint recently, what have you seen, heard or read? (please type your answers below or click to select it from the existing answer buttons) |
TECH NOTE: If ‘Yes’ in ‘Communications Awareness’ ask ‘Communication Impression’
|
Communication Impression |
|
|
|
What
is your impression
of the United
States Mint,
based on what you have seen, heard or read? (please
type your answers below or click to select it from the
existing answer buttons) |
|
MindReader |
1 answer x 1 order |
|
Question: |
What is your impression of the United States Mint , based on what you have seen, heard or read? (please type your answers below or click to select it from the existing answer buttons)
|
TECH NOTE: Only ask ‘Product Assessment’ if ‘Yes’ for US Mint in ‘Aided Awareness - US Mint and Competitors’
|
Collectors/Purchasers - US Mint Products |
|
|
|
Thanks!
Again, thinking about the United
States Mint collectable coins,
please tell us if you are…
|
|
Grid – Radio Button Across |
Mandatory |
|
||
|
|
||||
Answers: |
Familiar with this product but have never purchased or collected |
Have purchased or collected this product |
Not Familiar with this product |
||
Questions: |
$1 Coins (Presidential and Sacagawea) Collector and Proof Sets (Collector set of the $1 coins issued that year) |
|
|||
Randomize list |
Collector Coins made of Precious Metals (Silver, Gold, Platinum) |
|
|||
|
Commemorative coins (special coins, not legal tender, to honor a person, place or event for a limited time |
|
|||
|
Bronze Medals (commemorate significant historical events or people in history) |
|
|||
|
Annual Sets (each set contains all the coins issued that year specially minted and packaged) |
|
|||
|
50-state Quarters Series (series of quarters featuring each of the 50 states, DC and territories) |
|
|||
|
America the Beautiful Quarters (a series of quarters featuring a national site, forest or park in each of the 50 states, DC and territories) |
|
|||
|
Beginner Basic Set (starter kit for coin collectors to educate them about the hobby) |
|
TECH NOTE: Only show products ‘purchased or collected’ in ‘Collectors/Purchasers - US Mint Products’ in ‘Purchased or Collected – US Mint Products Why’
S |
Purchased or Collected – US Mint Products Why |
|
|
|
What
in particular motivated you to purchase or collect [previous
answer for purchase or collected]? (Please
type your answer below or click to select it from the existing
answer buttons) |
|
MindReader on why |
1 answer x 1 order |
|
|
|
||
Question: |
What in particular motivated you to purchase or collect [previous answer for purchase or collected]? (Please type your answer below or click to select it from the existing answer buttons)
|
|
Consideration – US Mint Products |
|
|
|
Next,
please tell us how likely you are to consider purchasing and/or
collecting any of the United
States Mint collectable coins
in the next 12 months.
|
|
Dropdown |
Mandatory |
|
Question: |
Next, please tell us how likely you are to consider purchasing and/or collecting any of the United States Mint collectable coins in the next 12 months. |
||
Answers: |
Have purchased and would consider purchasing in the next 12 months |
|
|
|
Have not purchased but would consider purchasing in the next 12 months |
|
|
|
Have purchased but would not consider purchasing in the next 12 months |
|
|
|
Have not purchased but would not consider purchasing in the next 12 months |
|
S |
Consideration – US Mint Products Why |
|
|
|
What
is it about the United States Mint collectable coins that made
you say [previous answer]? (Please
type your answer below or click to select it from the existing
answer buttons) |
|
MindReader on why |
1 answer x 1 order |
|
|
|
||
Question: |
What is it about the United States Mint collectable coins that made you say [previous answer]? (Please type your answer below or click to select it from the existing answer buttons) |
|
Classification |
|
|
|
And
finally, just a few questions about you, these questions are for
statistical purposes only. Your answers will be treated as
strictly confidential. |
32. |
Dropdown |
Mandatory |
|
Question: |
Which of the following is the highest level of education you have completed? |
||
Answers: |
Some high school |
|
|
Answers: |
Completed high school/GED/HSED |
|
|
Answers: |
Some College |
|
|
Answers: |
4-year college degree/Bachelor’s degree |
|
|
Answers: |
Completed or started post-college graduate school |
|
33. |
Dropdown |
Mandatory |
|
|
|
||
Question: |
Which of the following best describes your current employment status? |
||
Answers: |
Employed full-time |
|
|
|
Employed part-time |
|
|
|
Not currently employed but looking for work |
|
|
|
Retired |
|
|
|
Not employed outside the home |
|
34. |
Dropdown |
Mandatory |
|
|
|
||
Question: |
What is your current marital status? |
||
Answers: |
Single (includes never married, widowed, or divorced) |
|
|
|
Married/living with partner |
|
35. |
Dropdown |
Mandatory |
|
|
|
||
Question: |
Are you of Hispanic or Latino origin? |
||
Answers: |
Yes |
|
|
|
No |
|
]
36. |
Check box |
Mandatory |
|
|
|
||
Question: |
What is your race? Please select one or more. |
||
Answers: |
White |
|
|
|
Black or African American |
|
|
|
Asian |
|
|
|
Native Hawaiian or other Pacific Islander |
|
|
|
American Indian or Alaska Native |
|
|
|
|
|
37. |
Dropdown |
Mandatory |
|
Question: |
Which of the following best describes your total annual household income before taxes? |
||
Answers: |
Under $30,000 |
|
|
Answers: |
$30,000 to $34,999 |
|
|
Answers: |
$35,000-$44,999 |
|
|
Answers: |
$45,000-$49,999 |
|
|
Answers: |
$50,000-$64,999 |
|
|
Answers: |
$65,000-$74,999 |
|
|
Answers: |
$75,000-$99,999 |
|
|
Answers: |
$100,000-$124,999 |
|
|
Answers: |
$125,000-$149,999 |
|
|
Answers: |
$150,000 or more |
|
|
Classification – Parents Number of Children |
|
|
|
Do
you have any children? If so, please tell us how many children
you have.
|
38. |
Drop down |
Mandatory |
|
|
|
||
Question: |
Do you have any children? If so, please tell us how many children you have. |
||
Answers: |
I have no children |
|
|
|
1 |
|
|
|
2 |
|
|
|
3 |
|
|
|
4 |
|
|
|
5 |
|
|
|
6 |
|
|
|
7 |
|
|
|
8 |
|
|
|
9 |
|
|
|
10 or more |
|
TECH NOTE: Only ask ‘Classification – Parents Age of Children’ if did not select ‘I have no children’ in ‘Classification – Parents Number of Children.’
|
Classification – Parents Age of Children |
|
|
|
Please
select the age of your child or children.
|
39. |
Check box |
Mandatory |
|
|
|
||
Question: |
Please select the age of your child or children. |
||
Answers: |
0 – 5 years old |
|
|
|
6 – 8 years old |
|
|
|
9 – 12 years old |
|
|
|
13 – 17 years old |
|
|
|
18+ years old |
|
|
Finish |
|
|
|
That’s
it! Thank you for participating in our research. |
BrainJuicer Limited Standard Terms of Service
Definitions. "Acceptance" means any indication of acceptance by Client (such as, for example, via e-mail, purchase order or other writing); "Agreement" means the Proposal and these Standard Terms of Service; "Client" means the client identified in the Proposal; "Deliverable" means any work product that is specifically identified in the Proposal and delivered to Client; "Proposal" means the most recent proposal, sales quotation or other writing that specifies the services that BrainJuicer will provide to Client ("Services").
Services. BrainJuicer will use commercially reasonable efforts to provide the Services as described in the Proposal. Client will furnish BrainJuicer with such photographs, screen shots, marks and other collateral and information as reasonably necessary to perform the Services. If Client's failure to provide any of the foregoing delays the Services or results in additional costs, then BrainJuicer may act reasonably to mitigate such effects and Client agrees (a) to pay BrainJuicer its reasonable additional costs and (b) that any delivery dates, milestones or other time limits will be appropriately extended. No change in the Services will be effective without mutual written agreement.
Payment. Client agrees to pay BrainJuicer all fees, costs and expenses identified in the Proposal, which will be invoiced after Acceptance of the Deliverables. All amounts will be paid in the currency specified in the proposal within 30 days of invoice date. Any amount not paid when due will bear a late payment charge until paid, at the rate of 1.5% per month or the maximum amount permitted by law, whichever is less. All payments are exclusive of taxes, tariffs, withholdings and similar assessments, and Client to pay all such charges. Payments to BrainJuicer will be grossed-up to cover any withholding.
Ownership. Upon payment in full, Client will own all right, title and interest in and to the Deliverables. BrainJuicer will own all right, title and interest in and to all ideas, inventions, know-how, processes, methods, tools, software and other technologies that are used or developed by BrainJuicer in performing the Services.
Disclaimer. UNLESS SPECIFICALLY STATED OTHERWISE, ALL DELIVERABLES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BRAINJUICER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DELIVERABLES AND SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE.
Limitation of Liability. IN NO EVENT WILL BRAINJUICER BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR (A) MATTERS BEYOND ITS REASONABLE CONTROL, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL OR (C) AGGREGATE DAMAGES IN EXCESS OF THE LESSER OF (i) $500,000 AND (ii) THE AMOUNT PAID TO BRAINJUICER HEREUNDER FOR THE DELIVERABLE OR SERVICE THAT GAVE RISE TO THE CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination. This Agreement will commence upon Client's Acceptance and continue until completion of the Services. This Agreement may be terminated by either party (a) if the other materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice thereof or (b) immediately upon written notice, if the other makes any assignment for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of any or all of the other's property, or the other seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding or such a proceeding is instituted against the other and is not dismissed within 90 days, or the other party becomes insolvent or, without a successor, dissolves, liquidates or otherwise fails to operate in the ordinary course.
Convenience. Client may terminate this Agreement upon written notice to BrainJuicer; provided, that Client pays BrainJuicer any amount then payable or past due. In such event, or if Client fails to Accept the Deliverables, BrainJuicer will invoice Client for its efforts and non-cancelable expenses incurred prior to termination, which Client agrees to pay.
Effects of Termination. Upon termination for any reason, all rights and obligations hereunder will cease, except that (a) Client's liability to pay for Services performed (and non-cancelable expenses incurred) prior to termination will not be extinguished, (b) all other obligations that accrued prior to termination and remedies for breach of this Agreement will survive any termination and (c) the provisions of the Payment, Ownership, Disclaimers, Limitation of Liability and Effects of Termination sections will survive.
Entire Agreement. This Agreement constitutes the entire agreement and supersedes all prior understandings or agreements (oral or written) between the parties regarding the Services. Any inconsistent or additional term in any purchase order, confirmation or similar form, even if executed after the date hereof, will have no effect under this Agreement. No modification or waiver will be effective unless made in writing by the party against which enforcement is sought. The failure to enforce any right under this Agreement at any time for any period will not be construed as a waiver of such rights, and the exercise of any right or remedy will not be deemed a waiver of any other right or remedy. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Independent Contractors. The parties are independent contractors, and nothing contained herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Publicity. Client consents to BrainJuicer's use of its name and logo in customer listings that may be published as part of BrainJuicer's marketing efforts.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In any action to enforce or interpret this Agreement, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action and enforcing any judgment or order obtained.
Notices. All notices under this Agreement will be in writing, in English and will be deemed to have been duly given when received, if personally delivered; when transmission is electronically confirmed, if transmitted by facsimile or e-mail; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.
BrainJuicer® Ltd – London – Brighton - Rotterdam – New York |
Page |
File Type | application/msword |
File Title | BrainJuicer ConceptTest Proposal v3 |
Author | Mike Carey |
Last Modified By | ypollard |
File Modified | 2010-02-16 |
File Created | 2010-02-16 |