FOTS and VOC Terms & Conditions

Feet On The Street and Voice of the Customer Market Research Specific Terms and Conditions (“FOTS and VCMR Terms).

  1. Capitalized Terms. Unless otherwise defined in these FOTS and VCMR Terms, all capitalized terms used herein shall have the same meanings as defined in the Statement of Work to which they apply or the Provider-Advertiser Agreement Terms & Conditions (“Terms”) that govern such Statement of Work (“SOW”).
  2. Additional Provider Obligations.
    1. Provider Group is authorized to subcontract the Mighty Services it provides in connection with each SOW to its network of independent corporate subcontractors (“ICLs”) and the ICLs’ employees / contractors (“Representatives,” together with the ICLs, the “Network”).
    2. Provider Group will ensure that the ICLs conduct criminal background checks as part of each new Representative’s initial screening process in accordance with all applicable Provider background check guidelines/policies and applicable laws. Provider and Advertiser acknowledge and agree that new Representatives who are not yet compliant under these FOTS and VCMR Terms, but who are working to become compliant will be permitted to perform solicitation services hereunder for up to three weeks from the date they commence services in connection with these      FOTS and VCMR Terms if they are accompanied by a compliant Representative who is responsible for submitting any Applications solicited by them.
    3. Provider shall use commercially reasonable efforts to cause the Network to comply with Provider’s Code of Conduct then in place.
    4. As between the parties, Provider will be responsible for payments to the ICLs and Representatives
  3. Additional Advertiser Obligation
    1. Advertiser will ensure that, except as authorized by Provider, communication from the Advertiser and its Affiliates to the Network will be directed exclusively to / through Provider.
    2. Without the prior written consent of Provider, during the term of the SOW that these FOTS and VCMR Terms are incorporated into and for two      years thereafter, Advertiser, and its parent, affiliates and subsidiaries, or any of them will not, directly or indirectly, solicit or induce any ICL or any ICLs’ current or former employees (the “Protected Parties”) to leave the employment or their relationship with Provider Group or the ICLs, as the case may be, or, directly or indirectly, hire or retain any such person. “Former” for purposes of this clause will mean those entities / individuals that / who had been employed, retained or engaged by Provider Group or any of the ICLs within the prior one year from the date of inquiry, solicitation, inducement, or hire/retention. Advertiser acknowledges and agrees that violation of this provision could create irreparable harm to Provider Group and/or the ICLs and acknowledges and agrees that this provision is reasonable in protecting Provider Group and/or the ICLs from such harm. With respect to the foregoing provision, if the final judgment of a court of competent jurisdiction declares any part of the provision hereof is invalid or unenforceable, the parties hereto agree that the court making such determination shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the provision shall be enforceable as so modified. If      such court does not exercise the power granted to it in the prior sentence, the parties hereto agree to replace such invalid or unenforceable term or provision with a valid and enforceable term or provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable term.
  4. Additional Provisions
    1. Changes to Territory. In the event Advertiser elects to remove a Territory for any Mighty Services governed by these FOTS and VCMR Terms, the Advertiser must notify Provider of such removal at least fifteen (15) days prior to the effective date such Territory is to be removed (unless removal of the Territory would result in termination of all Mighty Services under the applicable SOW, in which case the SOW must be terminated in accordance with the Terms). Territories may only be added with mutual written consent of the parties (including, via email).

Version #

Version Effective Date

Archived PDF Version

1.0

June 18, 2025 to Current

N/A