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These Third Party Research Terms and Conditions ("Research Terms") govern the use of Google funded third party research under any Upfront agreement that references these Research Terms and the provision and use of research reports provided by third parties (each, a "Research Report" and collectively "Research Reports") in connection with such added value.
In the event of a conflict between these Research Terms and the applicable Upfront agreement, the Upfront agreement will control. Any capitalized terms used, but not defined in these Research Terms, have the meanings given to them in the Upfront agreement.
The following terms and conditions apply:
1) Research Report. For each Research Report, Google will engage a third-party research firm ("Research Firm") to produce each Research Report; however, Google does not guarantee the completion of any Research Report. If necessary for the completion of a Research Report, Google will provide to Research Firm data from Customer’s and/or Advertiser’s Google advertising accounts, as applicable, and any other Customer and/or Advertiser information provided by Customer and/or Advertiser to Google, as applicable (together, "Customer Data"). Google will enter into a written agreement with Research Firm that requires Research Firm to: (i) use the Customer Data solely to create the Research Report(s); and (ii) keep the Customer Data confidential. Customer and/or Advertiser, as applicable, will be responsible for all incremental costs associated with any Research Report that Google does not request or cause. Customer and/or Advertiser, as applicable, will be provided with a copy of the Research Report(s) and may only use the Research Report(s): (a) internally without further consent from Google; and (b) externally with prior written consent from Google. Google will own the Research Report(s) and may use the Research Report(s): (x) internally and (y) externally in an aggregated manner, non-personally identifiable to Customer and/or Advertiser, as applicable, in accordance with the Google Privacy Policy available at www.google.com/privacy.html. Either party may share the Research Report(s) with Customer’s agency of record (who has agreed in writing to keep the contents of the Research Report(s) confidential), if applicable, without the other party’s prior written consent unless Customer and/or Advertiser, as applicable, instructs otherwise.
2) Termination. These Research Terms will continue to apply for any Research Report in production regardless of the expiration or early termination of the applicable Upfront agreement.
3) Miscellaneous. Google may add to, delete from or modify these Research Terms at any time without liability; provided, however, that changes to these Research Terms will not apply retroactively. No party may assign its rights or delegate its obligations under these Research Terms, by law or otherwise, without the other party’s prior written consent. Any other attempt to transfer or assign is void. Failure to enforce any provision will not constitute a waiver. If any provision is found unenforceable, the balance of the provisions will remain in full force and effect. The parties are independent contractors, and these Research Terms do not create an agency, partnership or joint venture.
Version: October 17, 2017