|
AdRelevance understands the value of the use of its data by its clients in the public arena. We also believe in a "full disclosure" policy where a reasonable reader should be able to understand the source of all data presented whether in a sales presentation, a general presentation, in press releases, or in a public securities filing (or any other public use of the data). These guidelines are designed to provide our clients with a clear understanding of the permissible and impermissible uses of the data produced, in whatever form it is obtained. Please read these guidelines for press and other use of our intellectual property.
Due to the complexities of measuring dynamic web environments and the intrinsic limitations of sampling methodologies, these data represent best estimates, not exact measurements.
All information created by AdRelevance, in any form, is proprietary to it and is protected by U.S. and foreign laws governing intellectual property. All such information published by us or created using our proprietary data, regardless of form, is copyright protected. The law does not require a "©" copyright notice, so the omission of such notice does not invalidate copyright protection and it does not indicate that AdRelevance authorizes the reproduction of such proprietary material.
The United States Copyright Act gives the owner of a copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works based upon the copyrighted work, to distribute copies and to display the work publicly. These rights apply to both information that is purchased by our clients and information that we may choose to provide at no charge. In the absence of approval from us, no person or entity may reproduce the copyrighted information, prepare derivative works based on the information, distribute copies of it or display it publicly.
Violation of our copyright may permit us to recover actual damages, statutory damages, punitive damages and attorneys' fees through actions in the United States, international and foreign courts.
We grant permission to members of the press to use (1) reports created by us and posted on our Web sites, (2) reports created by a member of the press on our Web sites, and (3) other reports published by us, with the following conditions.
- Reprinted in the press member's publication in full,
- Excerpted, provided the excerpt is a verbatim excerpt, and
- Summarized by stating factual information contained in the report.
AdRelevance must be identified as the source of the report, immediately before or after the place in which the report is set forth.
We are entitled reprint rights of the articles in which our material is reprinted or referenced, including the right to publish the article on our Web sites or in our marketing materials.
In addition to the restrictions on usage of our data that are imposed by the copyright laws discussed above, AdRelevance has requested that its clients comply with certain rules of usage and citation. We require that our clients seek approval of any citation of our data in public filings with the Securities and Exchange Commission or other regulatory authorities to insure a consistency of presentation and definition of the data presented. Clarity and equity of presentation are key goals of AdRelevance. Filing documents for public companies, presentations, and similar materials where the data are to be used should be submitted to your account representative at AdRelevance twenty-four hours (24) prior to the final preparation of the document. In reviewing the presentation of the data, we will look toward the clarity and accuracy of the information presented.
As a courtesy to our clients, we will also review press releases by such clients, provided that such press releases are submitted to your account representative at least 24 hours in advance of release. We strongly encourage all of our clients, and in particular those clients new to AdRelevance, to submit their press releases to the company for review to ensure proper usage of the data. We remind all of our clients that in the event that you do not ask for AdRelevance review of the data presented in a press release and such data is inaccurate, we will be unable to confirm the numbers when questioned by third parties or the press.
We understand that the nature of the business that certain of our clients are involved in, including those clients involved in advertising, marketing and the provision of financial advisory and investment banking advice require that their license permit them to share our data with their clients. While we acknowledge that this is a valid use of the data, we ask that clients in these sectors and others adhere to the following restrictions in providing our data to their clients:
Data is not to be used in consultative or strategic consultations with clients of the advertising agency, ad network, financial institution or consulting firm unless that client is also licensed to use the data. AdRelevance clients cannot provide data to their clients, nor may they offer nor act as an agent for their clients to acquire the data, to the extent that the provision of the data obviates the need for such clients to purchase the data themselves. This applies to all data, whether in printed form or in any custom analysis performed by the client or by AdRelevance on behalf of the client. A client wishing to use the data for purposes other than the permissible uses stated in this paragraph should contact their account representative for permission, and may be subject to additional licensing fees for such usage.
We allow advertising agencies and ad networks to license our data for use in their capacity as buying agents for companies purchasing media "space" for advertising. We have found, however, that these clients are also using the data as a tool to consult with clients which are developing a web presence. These clients are licensed to use the data for the sole purpose of planning and buying advertising space and exposures. As such, the data may not be shared with or distributed, in any form, other than for this express purpose.
Our clients in the financial and consulting sectors are licensed to use the data for the purpose of preparing reports and analyses for internal use. The data may also be shared by these clients with third parties to provide analytical services that such clients provide in the normal course of business. However, these clients may not act as an agent on behalf of a third party for the purpose of licensing or disseminating the data.
UNDER NO CIRCUMSTANCES IS ANY CLIENT LICENSED TO RESELL OR REPACKAGE AND SELL DATA WITHOUT OUR PRIOR WRITTEN CONSENT.
Citation formats vary depending on the source of the data being published. Typically, there are three ways in which data are derived:
- from compiled and published reports (whether publication is in book format or from our web sites);
- from special client generated tabulations derived from web site tools which clients license from AdRelevance; or,
- from special, custom tabulations which we produce for clients.
Each of these is covered below.
The survey period (month or week and year) should be cited, whether in the body of the text or as a footnote. If citation is for a particular category defined by AdRelevance, then the category should be cited. Should the client define its own category, then that needs to be clearly denoted in the text or by footnote. Below are two examples:
- By Citation in text: "According to AdRelevance, advertising for Company X totaled 4,350,000 impressions for the month of January, 2000."
- By footnote: "Source: AdRelevance, Inc."
Special data compilations derived from the AdRelevance website (regardless of version) need to be cited. Because the client selects the specifications for a special tabulation performed at the www.adrelevance.com site, special wording should be used. If a special site is defined and do not comprise an AdRelevance category, a notation that the site selected for analysis was defined by the client should be placed as either a footnote or in the body of the text. Below is the text which should accompany any site-based tabulations:
- Note on Source: "Data were compiled by [name of client] from the AdRelevance web site and are based upon AdRelevance reports for April and May 1999."
Clients often order special tabulations from AdRelevance. These data tabs can take on many different forms, and the following text should be included when citing these data in any public manner:
- Note on Source: "The data were derived from a custom tabulation performed by AdRelevance. Specifications for this special report were provided to AdRelevance by [name of client]. [Should a re-classification of sites or a special, select group of sites be used, the notation should provide as much detail as possible so that the average reader can understand the results of the special tabulation.]
As always, the marketing and sales staff at AdRelevance are happy to assist our clients with any questions that they may encounter in reviewing and complying with these guidelines. We encourage our clients to contact their account representative with any such questions.
|
