Third-Party Panel Purchase Terms

These Third-Party Panel Purchase Terms (“Purchase Terms”) apply to Customers that hold a CheckMarket account and purchase a third-party panel through CheckMarket’s panel selection tool (“Panel”).

The purchaser (“You”) of the Panel is the entity indicated as the CheckMarket account holder at the time of purchase, and the third party, seller of the Panel, is Prodege, LLC.

These Purchase Terms shall be read in conjunction with the CheckMarket Terms of Use and the Terms of Use of the company providing the Panel, Prodege LLC, available at https://www.prodege.com/. In the event of a conflict between any term of these Purchase Terms and the CheckMarket Terms of Use or the Prodege Terms of Use, the terms of these Purchase Terms shall control. 

All other provisions of the CheckMarket Terms of Use not specifically changed by these Purchase Terms shall remain in full force and effect. For the avoidance of doubt, these Purchase Terms do not apply towards any other products or services that CheckMarket makes available within its platform.

Now, therefore, it is hereby agreed as follows: 

  1. Variable Cost 
    1. The total cost estimate provided to You when You order a Panel is an estimate  (“Estimated Cost”). Based on the variable nature of panel fielding, and potential discrepancies in your estimated Incidence Rate (“IR”) and Length of Interview (“LOI”) versus the actual IR and the actual LOI, the total cost of the Panel may vary from the estimate provided to You.
    2. The Cost Per Incident (“CPI”), or cost per completed survey response, has the potential to change while the survey is live, based on the actual IR and LOI. The more accurately You are able to estimate your IR and LOI, the more accurate your pricing estimate will be. If You have estimated a higher percentage IR in order to try to obtain a better price estimate, but the actual IR is below your estimated IR, the actual price of the project will be much greater than the estimate.
    3. For cases in which one or more Panelists enter the survey before the sample size was reached, therefore causing your actual number of Completes to surpass your requested number of Completes (“Oversampling”), You agree to pay for all Completes that have been collected, including those due to Oversampling.
    4. You will not be charged for fraudulent responses in surveys, provided that You will be responsible for reporting those fraudulent responses prior to the project completion by flagging a respondent as “Poor Quality.” The fraudulent responses are reviewed and approved by the panel vendor, Prodege.
  2. Payment terms
    1. You agree to pay the full price up to the Estimated Cost of the project that we quoted to You, or the Maximum Project Cost value, if applicable, and any overage fees.
      1. If You have explicitly entered a price value into the Maximum Project Cost field (value must be larger than the Estimated Cost), You agree to pay the full price up to the Maximum Project Cost value.
    2. If You achieve your desired number of completes and the Actual Project Cost is less than the Estimated Cost, we will only charge You the Actual Project Cost.
    3. If You have not yet reached your desired number of completes, yet the Actual Project Cost reaches the Estimated Cost (or Maximum Project Cost, if applicable) at any point during the project’s fielding, we will automatically pause fielding the project.
      1. If you would like to resume fielding, You must enter a new (larger) value into the Maximum Project Cost field in order to resume fielding.
    4. If You have not yet reached your desired number of completes, yet the actual CPI surpasses the maximum CPI (the Estimated Cost divided by the number of survey responses, or the Maximum Project Cost divided by the number of survey responses if applicable) at any point during the project’s fielding, we will automatically pause fielding the project.
      1. If you would like to resume fielding, You must enter a new (larger) value into the Maximum Project Cost field in order to resume fielding.
    5. You will be invoiced for your Panel purchase once each of the Panel projects within the same purchase order have completed and fielding has stopped (for any reason).
    6. You acknowledge that the appropriate tax will be applied on top of the full Estimated Cost, or the Maximum Project Cost (if applicable) and assume responsibility for paying the full cost plus the additional tax.
  3. Payment by Invoice
    1. By electing to pay via invoice, you are agreeing to pay the full Estimated Cost, or the Maximum Project Cost (if applicable) plus tax for all of the Panels that are contained within your purchase order, designated by the invoice/order number.
    2. Upon the completion of all of the projects within your purchase order (when fielding has stopped for any reason) You will receive an invoice for the total amount to be paid according to these Purchase Terms to the email address of the CheckMarket account holder (billing administrator).
    3. You must pay the invoiced amount in full no later than 30 days after receipt of the invoice. Otherwise, you will be subject to an overage fee equivalent to 10% of your total invoiced amount.
      1. We may condition future panel purchases or suspend services to You until your invoice is paid in full.
  4. Fielding Interruptions
    1. You have the right to pause or end fielding at any point during the project. Upon pausing or ending fielding, you will be responsible for paying the actual project cost up to that point.
    2. If You have not yet reached your desired number of completes, yet the project has been fielding for 60 days, the project status will be set to expired, and you will not be able to re-open the project.
  5. Refunds
    1. Refunds will not be issued for Panel purchases, unless you were inadvertently charged more than your Maximum Project Cost (if applicable) or Estimated Cost.
    2. Refunds will not be issued for cases in which one or more Panelists enter the survey before the sample size was reached, therefore causing your actual number of Completes to surpass your requested number of Completes  (“Oversampling”).
  6. Compliance Obligations
    1. You shall not solicit any goods or services to Panelists or require that they download, install, or register a program, application, browser extension, meter or any other program on their device (i.e. mobile phone, desktop, tablet, etc.). The aforementioned restriction also includes requests to upload a receipt or purchase a product as part of the survey.
    2. You shall not collect any Personal Identifiable Information (“PII”), including but not limited to: first name, last name, personal/home address, work address, full or partial phone number, Panelist’s initials; or any Sensitive information as prohibited by the applicable agreements between the parties.
    3. You shall not require a Panelist to engage in any surveys or activities that cannot be completed in the immediate Survey time, which may include without limitation the following: diaries, online/offline focus groups, IHUTs, etc.
    4. If You decide to embed a video in a survey question, it needs to be configured as optional in order to send to panelists via CheckMarket’s native integration.
    5. You shall not use the Panel for any purpose that is unlawful or prohibited by any agreement between the parties.
    6. You shall not contact any panelist to recruit them as clients, or send them any commercial advertising or commercial proposals (such as purchasing a product).