Agreement

Viewfruit Users’Agreement

Article 1 General principles of service for member

1.Viewfruit- Philippines (hereinafter referred to as “the website”) or legal person cooperating with the website provides internet research, cell-phone research, global research or other research (hereinafter referred to as “the service”) to those who require the research result (hereinafter referred to as “Client”). The Agreement formulate the contractual relationship between people who register to become a researcher and acquire the website’s approval (hereinafter referred to as “Researcher”) defined by Article

2.The website provides the service to the Client. The content of the service is: we set up dedicated web page used by questionnaire research in the website and websites operated by legal person cooperating with the website. Our researchers participate in relevant questionnaire research, and the website collects and analysis the answers. Besides, we send questionnaire research to special researchers for special research. However we do not ensure that we send surveys to all the researchers of the website.

3.The purpose of the service is: We collect the answers from special researchers within the scope of the amount of research respondents, but not all the researchers who have received commissions can be endowed the right of participating in surveys.

4. The service object is people who live in Philippines. People who live outside of Philippines (including people who live in Philippines, but access to the website outside Philippines temporarily; or visit the website through foreign servers) can not have any researchers’ right, as well as the right of registering to be researchers. Besides, the website limits the behavior that researchers or people who want to be researchers’ access to the website outside of Philippines.

5. In addition to this Agreement, the provisions which the site use appropriate method/means enacted, changed or amended and been told to appropriate researchers constitute a part of the Agreement, so the investigator should comply with all the provisions, including the Agreement. In addition, when the site implement a questionnaire, e-mails or the conditions sent to the researcher within the survey also belong to the Provisions.

6. Even if not get the prior consent of the researcher, this site can arbitrarily amend the provisions of the Agreement. The revised agreement takes effect once been published by the website; the other provisions take effect when been sent to researchers or been published on the website.

7. If any other provisions formulated by the website conflict with the agreement, the agreement has prior application. 8. After completion of researchers’ registration, we regard it as that the agreement has been agreed by and apply to researchers from the moment that the website examines and approves the registration.

Article 2 Qualifications of tracking researchers

1.Definition of the researcher: the person who agrees with the Agreement and has completed the registration process, and acquires approval of the website. What’s more, people can not become a member of Viewfruit if they meet any of the following conditions:

a.People who is under 16 years old b.People who do not live in Philippines. c.People who register with an E-mail address having been used by other members. d.People who themselves or their relatives are engaged in related work in firms that offer same service with our firm

2. When the people who want to become tracking researchers are judged as unqualified, the website can cancel their registration or terminate their qualification even they have completed the registration or acquired approval of the website.
Article 3 Method of registration for Members.

1. Registration formality should be conducted by the member himself, and mustn’t be agented by any others. 2. After the person who wants to register to be a researcher agrees with the Agreement, he should fill the necessary information in our website assigning “Researcher Registration form”. 3. All the registration information provided by the research must be true.  4. One researcher cannot have more than one user name and password.

Article 4 After having finished registration

Researcher should use the user name and password our website gives out when participates in surveys our website provides.
Researcher should take full responsibility for using and managing the user name and password given out by our website.
Researcher must not provide the third party his user name and password through transferring, lent, name change, buying and selling, or any other ways.
If there is damage caused by researchers’ negligence when using the login username and password, whether there are reasons belonging to the researcher's responsibility, or any other reason, the site does not bear any responsibility

Article 5 Researcher’s registration information

1.Our website complies with “Privacy Policy” to conduct the researcher’s personal information included in registration information, such as Name, Address, Telephone Number, E-mail. Additionally, our website can make use of related personal information in the conditions set by the following regulations after acquiring researchers’ permission.
*To implement or operate the service;
*To send rewards, gifts, survey samples related to the service.
*To response to enquiring cell-phones or emails come from researchers.
*Other attached services related to above items.

2.Our website may show researchers’ information except that can identify researchers’ personal information without researchers’ permission. However, our website must get researchers’ permission in advance if needs to provide the information that can identify researchers’ personal information to the third party.

3.Viewfruit can allow the selected client to use researchers’ profile for the following purposes without researchers’ permission. Besides, Viewfruit signs Confidential Agreement with our clients and request clients comply with Confidential Agreement. Clients shall comply with the Article when use Viewfruit researchers’ personal profile.
a. Sending rewards, gift, research sample, etc. to researchers;
b. Response to call or emails from researchers;
c. Implement or operate mobile phone research, global research or interview research in group form;
d. Other subsidiary service related to the above items.

4. Researcher shall update his profile once he changes address, mobile phone number or any other register information.

5. Viewfruit can contact researcher to confirm the following content when necessary by cell-phone, email or other ways: If the registration is operated by the researcher himself; if the register information content is correct; or detailed answering content to questionnaires.

6. Researcher shall update his profile within specified period, or his points will be valid once beyond the specified period.

Article 6 After registration

1.Researchers shall not have the following behaviors, nor likely to produce the following behaviors.
a.Behaviors violate public morality
b.Behaviors violate Philippines's relevant laws and regulations.
c.Behaviors violate copyright, portrait, privacy, property of the website, other researchers or any third party.
d.Behaviors slander the website, other researchers or any third party.
e.Behaviors make the website, other researchers or any third party suffer loss.
f.Behaviors hamper the website service operation.
g.Behaviors that register or participate in surveys with false personal information.
h.selling practice or possible selling practice in the service without the website’s permission
i. Multiple registration or Impersonation.
j. Illegal use of logged-on user name and password
k. Illegal answers.
l. Behaviors violate the Confidentiality ruled by Article 7. m. Behaviors which are judged as improper behaviors by the website.

Article 7 Researcher’s duty of confidentiality

1. No matter whether the researcher participates in answer the questionnaire, he should take his duty of confidentiality. All information related to the questionnaire survey including outline and content which the researcher get to knew through the survey should not be disclosed to any third party.

2. The definition of the researcher’s duty of confidentiality above: duty of confidentiality includes but not limited to by any means the researcher discloses information related to the questionnaire survey and text data, picture data, video data or any other data used in the website as well as the answers to the questionnaire to any third party; nor the researcher uses or transfer all the data for purpose not to answer the questionnaire.

3. The duty of confidentiality is still valid even if the researcher terminate his membership with the website or is canceled researcher qualifications.

Article 8 Send and receive e-mails

1. Researchers should use the registration email box to send emails to or receive emails from the website.
2. The website does not take responsibility for any losses caused by researchers use different email boxes to send or receive emails.
3. Researchers should reply to the emails from the website according to our requirements.
4. The website does not take responsibility for any losses caused by researchers do not reply to the emails from the website according to our requirements.
5. The website does not take responsibility for the content written in researchers’ emails.
6.The website does not take responsibility for any losses caused by emails’ delay or emails’ non-delivery.。
7. The website can stop sending emails to the researcher or cancel the researcher’s qualifications without the researcher’s permission on the condition that the website can not send emails to the researcher beyond a period.
8. The content of emails sent by the website should only been read by researchers. Unless there are other rules provided by the website, otherwise researchers must not forward the content to any third party, nor public the content.

Article 9 Reward

1. The website is likely to provide remuneration or points which can redeem gifts, or provide gifts by lottery as ways to award members’ participation.
2. The website will provide other rules in accordance with surveys to decide the kinds of rewards, the methods of awarding, the time of awarding mentioned in the first item.
3. The researcher will forfeit any incentive balance that has not been requested as of the time he opts out except that there are other especial methods of balance provided by the site. Besides, the researcher’s points will become invalid if his membership qualification is canceled.
4. The lottery is conducted according to the method provided by the site; the point is calculated according to the method of points’ calculation provided by the site.
5. The points are only valid to the researcher himself and can not be transferred or sold to any third party. Repeat counting more than users’ points is not allowed, either.
6. We just send gifts to current addresses of Viewfruit members who live in Philippines. The site does not take responsibility and will not resend if members can not receive gifts because of wrong registration information. Besides, members’ points used to redeem gifts are invalid.
7. The site will email to members to infirm that we have sent all news related with point redeem. Within 60 days after receive the email members can contact the site If did not receive gifts. Within 120 days after receive the email, the site does not take responsibility whether registration information is wrong or not. 8. The site does not take responsibility for the condition that we can not remit the cash redeemed by points to members’ payment count because of wrong registration information.

Article 10 The Ownership of the Rights

1. The copyright and any other rights related to the information the site sends to researchers belong to the site or Clients or Cooperators. Researchers can not make use of the information without the site’s permission.
2. The copyright and any other rights of researchers’ answers of surveys on basis of the service shall be transferred to the site. We can choose, emend or edit researchers’ answers freely. Besides, researchers can not perform authors’ personality rights to the site.
3. The site or Clients or the one who is assigned by the site/Clients can make use of researchers’ answers or show/provide the answers to the third party.

Article 11 Terminate the membership with Viewfruit

1. Researcher needs to conduct related procedure to end his membership. The site will reserve the researcher’s registration information within a certain period. And the site will delete them all from the data base later
2. The researcher forfeits all the incentives and rights related with the service when he opts out
Article 12 Suspend/ Logout researcher’s Qualification

1. If researchers have any of the following behaviors, the site can stop sending surveys to him, or suspend/ logout his qualification without his permission
a. Behaviors violate the rules of Article 6
b. Behaviors violate any rules provided by the site besides Article 6
c. Illegal behaviors such as multiple registration, impersonate registration, or contradiction answers in questionnaire, etc. d. Other behaviors the site thinks that it is proper to stop sending surveys to the researcher, or suspend/ logout his qualification.
2. Researchers shall know the item in advance that the site can suspend/ logout all the researcher’s rights related to the service when stop sending surveys to him, or suspend/ logout his qualification. In this case, the site has no responsibility to infirm or explain to the researcher.
3. The site will delete all the researcher’s the personal information, incentive, and registration information when he terminated his membership with Viewfruit.

Article 13 Responsibility

1. In the service, when researchers participate in the surveys about using or tasting samples, they should use or eat the samples in the ways required by the site. Otherwise the site does not take responsibility for any losses.
2. The site does not take responsibility for any losses caused by terminating, delaying of service, or wrong visiting data, etc. because of internet or computer faults.
3. If researchers’ behaviors which violats Viewfruit’s rules result in losses of the site or any other third party, the researchers’ incentive and gifts will be invalid. Besides, we will ask the researchers for compensation.

Article 14 Update, Suspend, Stop, End of Content of the Service

1. Whether researchers agree or not, the site can update, suspend, stop or end content the service at any time without notification.
2. The site does not take responsibility for any losses caused by update, suspend, stop or end content the service on basis of the above item.

Article 15 Applicable Laws

1. All the signing, conducting, explaining of the contract and dispute settlement are applied to Philippines’s law.

Article 16 Exclusive Jurisdiction Court
2. If there are disputes between the site and researchers about the Agreement, we can sue in courts which have jurisdiction over Viewfruit’ location.

Article 17 Possibility of separation
3. The Agreement except the item will not be impacted even if the courts which have jurisdiction judge the Agreement invalid or illegal.

(Supplementary Provisions)

Formulate and update date: February 1, 2012