Telmetrics Call Measurement Solutions. Terms of Use

Transcription

1 Telmetrics Call Measurement Solutions Terms of Use

2 Web2Tel Terms of Use 1. DESCRIPTION OF THE SERVICE Web2Tel allows an online advertiser (the User ) to track a referral from another web page ( Referral Source ) when a consumer has followed a link from the Referral Source to the User s web site and chooses to respond to the advertisement by placing a telephone call to the User (the Service ). Using a Tracking Number that has been configured by the User to a particular Referral Source (ie Google, Yahoo, Bing or other local search entity) and/or to a particular keyword or group of key words, Web2Tel will dynamically replace the User s actual telephone number (the Termination Number ) found on the User s web page (the Object Page ) that has been linked to the Referral Source with the chosen Tracking Number. When a consumer is served the Object Page, they are presented with the Web2Tel Tracking Number. All available details of each telephone call placed to the particular Web2Tel Tracking Number are made available to the User as part of the Measured Data. Users may track as many Referral Sources as they wish by assigning a different Web2Tel Tracking Number to each Referral Source or to each unique visitor by using session/pooled based tracking. Web2Tel allows a User to choose between two different methods of dynamically replacing its original telephone number. (i) JavaScript Method A small piece of JavaScript code is embedded in the html of each page of the User s website that the User wishes to track using a <script> tag. When a page containing the JavaScript is accessed by a consumer who has followed a link from a Referral Source, the JavaScript locates the appropriate Tracking Number and replaces the Termination Number with the Tracking Number. (ii) Reverse Proxy Method A server remote from the server that hosts the User s website (the Telmetrics Web Server ) is used to dynamically make a mirror copy of the User s web site when a consumer is linked to the User s website from a Referral Source. The consumer is directed to the Telmetrics Web Server by the Referral Source and with the exception of the Web2Tel Tracking Number which has replaced the Termination Number, views an exact copy of the User s own web site. 2. SCOPE OF USE The Service is to be used solely for the purpose of tracking a Referral Source to an User s web site. Any other use of the Service is strictly prohibited and will void this Agreement. If Telmetrics, in its sole discretion, reasonably believes that an User is using the Service for any other purpose other than for what has been expressly permitted, or is violating any law or regulation of a competent legal authority, it may without notice cancel the User s Service and/or access to the Service immediately. - Page 2 of 5 - CONFIDENTIAL

3 3. USER S RESPONSIBILITIES The User is solely responsible for setting up and configuring Web2Tel using Perspectica. The User should ensure that it has selected an appropriate Tracking Number (either local or toll free) and has selected the appropriate tracking method to enable Web2Tel. The User is also responsible to ensure that the correct Termination Number has been entered and is strongly encouraged to test that the Tracking Number and the Termination Number are connecting correctly by placing a test call to the Tracking Number to ensure that it is ringing through to the Termination Number. i. If the User has chosen the JavaScript method of enabling Web2Tel, it is the User s sole responsibility to ensure that the full script is copied carefully from the Perspectica Web2Tel ordering page and is placed in the correct location on each web page that it wishes to track. ii. The User is solely responsible to ensure that any subsequent changes made to its web site or individual web pages do not compromise the ability of the JavaScript to dynamically replace the Termination Number with the Tracking Number. iii. If the User chooses the Reverse Proxy method of enabling Web2Tel, it is solely responsible to secure any permission from third parties who might have licensed or copyrighted certain content found on the User s web site. The User will indemnify and hold harmless Telmetrics and its suppliers from any claim that they have infringed the third parties license or copyright. iv. The User acknowledges that it is solely responsible for the proper functioning of its own web site. Telmetrics and its suppliers take no responsibility whatever for any faulty code that prevent a User of the website from viewing any or all web pages. The Reverse Proxy method of Web2Tel takes a copy of the User s web site at the moment that a consumer clicks on a link from a Referral Source, if the User s web site is not working or contains broken links or suffers from any other malfunction, the Telmetrics Web Server will serve up the web site with the same faults. The User is strongly encouraged to test its web site regularly to ensure that it meets all of the User s requirements. 4. LIMITATIONS The User acknowledges that there are some web site or web page configurations that will not allow Web2Tel to function correctly. These include, but are not limited to certain implementations of Flash or Flash Player and other rich media applications or applets. In addition, certain configurations of third party shopping cart applications and PayPal may also prevent Web2Tel from functioning correctly or at all. Telmetrics assumes no responsibility for any conflicts with any third party software used on the User s web site that prevent Web2Tel from functioning correctly. If the User has configured Web2Tel using the JavaScript method, the User acknowledges that certain consumers may have disabled the ability to execute JavaScript on their computers. In this circumstance, the Termination Number would not be replaced with the Tracking Number and Telmetrics would not be able to provide any information about a resulting telephone call. There are circumstances where a web host may block the Telmetrics Web Server from taking a copy of the User s web site. The User is solely responsible for ensuring that its web hosting provider will allow the Telmetrics Web Server access to the User s web site at all times. - Page 3 of 5 - CONFIDENTIAL

4 If the User changes its Termination Number, or the Termination Number is not functioning correctly, the Tracking Number will not be able to connect a telephone call to it. It is the User s sole responsibility to ensure that the Tracking Number is linked to the correct Termination Number and that the Termination Number is functioning correctly at all times. 5. MONITORING The User acknowledges that Telmetrics may monitor Web2Tel activity for the purpose of ensuring quality and compliance with these terms and to provide information on the functioning of Web2Tel so that future improvements or enhancements can be made that will benefit the User. The User agrees not to interfere with this monitoring activity or otherwise block or obscure its use of Web2Tel. 6. NON INTERFERECE The User shall not interfere or attempt to interfere in any manner with the proper functioning of Web2Tel. 7. USAGE AND QUOTAS Telmetrics may, in its sole discretion, restrict the User s use of Web2Tel. The User shall not attempt to exceed automated use-quota restrictions. Programs that are anticipated to have excessive website traffic require advance notice be given to Telmetrics and Telmetrics reserves the right to limit the program based on capacity constraints. 8. LIABILITY TELMETRICS HAS LIMITED ITS LIABILITY TO THE USER IN ITS RESEARCH SERVICES AGREEMENT. IN ADDITION TO THE LIMITATIONS OF LIABILITY FOUND THEREIN, TELMETRICS SPECIFICALLY LIMITS ITS LIABILITY TO THE USER FOR THE USE OF WEB2TEL TO THE AMOUNT THAT THE USER PAID FOR THE PARTICULAR TRACKING NUMBER(S) AFFECTED. 9. NO IMPLIED RIGHTS Other than expressly granted herein, this Agreement does not grant either party any intellectual property or other propriety rights. The User hereby releases and covenants not to sue Telmetrics and its affiliates and any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property Customer develops that is based on, uses, or relates to Telmetrics Web2Tel; and (b) which otherwise may arise in connection with Customer's use of, reliance on, or reference to Telmetrics Web2Tel. As between Customer and Telmetrics, Telmetrics and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, and other proprietary rights) in and to the Telmetrics Web2Tel - Page 4 of 5 - CONFIDENTIAL

5 Specifications, all Telmetrics websites and all Telmetrics services and any derivative works created thereof. All license rights granted herein are not sub-licensable, transferable or assignable unless otherwise stated herein. Telmetrics reserves the right to amend the Web2Tel Terms of Use in its sole discretion upon 30 days notice. The continued use of the services following such changes constitutes acceptance of such changes. - Page 5 of 5 - CONFIDENTIAL