Standard Terms and Conditions – Survey Participants
BENCHMARKET collects, analyzes, synthesizes and summarizes data collected from organizations and provides the results in confidential reports. Participants must submit data prior to being granted access to survey reports. By submitting your data, you agree to the following terms and conditions:
- To submit accurate and complete data to BENCHMARKET, during this calendar year for all positions and Compensation Programs relevant to the survey, within the timeframes specified.
- All rights, title and interest in all intellectual property rights in or associated with any BENCHMARKET Results are the exclusive property of BENCHMARKET and any unauthorized reproduction or distribution is prohibited. BENCHMARKET results are intended for internal purposes only. You shall ensure that your employees, contractors, consultants and others with access to the BENCHMARKET Report will abide by this nondisclosure requirement.
- To the extent that your data may constitute personal information, you represent and warrant that all requirements associated with the protection of personal information, under applicable law, have been complied with prior to the submission of data to BENCHMARKET.
- BENCHMARKET will represent your organization as a participant for marketing and reporting purposes through disclosure of a list of Participating Organization names when requested.
Once a Participant has submitted their data and BENCHMARKET has validated that it is accurate and complete, BENCHMARKET agrees to the following terms and conditions:
- BENCHMARKET shall not reveal the information submitted in its original form. BENCHMARKET shall use the Participant Data in summary form only, combined with the information submitted by other participants, as set out in the survey methodology. BENCHMARKET has the right to use the data in summary form without limitation, subject to this confidentiality requirement.
- BENCHMARKET Results to the Participant without error; however, BENCHMARKET is not liable for any special, indirect, incidental, or consequential damages arising by contract or at law, resulting from or arising out of such error, regardless of foreseeability or notice from Participant. BENCHMARKET IS PROVIDING THE REPORT ON AN ‘AS IS’ BASIS WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- The Participant shall defend, indemnify and hold BENCHMARKET harmless from and against any and all liability, losses, expenses, legal fees, or claims for injury or damages arising out of the performance of this Agreement.