TERMS AND CONDITIONS



Purpose

These Terms and Conditions are a binding agreement between you (hereinafter "you" or "Panelist") and MobileFolk inc (hereinafter "MobileFolk"), governing your use of and participation in MobileFolk's Mobile Market Research Panel (hereinafter the "Orange Panel" or "Program"). PLEASE READ THE ENTIRE TERMS AND CONDITIONS.

Any participation in the Orange Panel will be deemed acceptance of these Terms and Conditions.

MobileFolk reserves the right, in its sole discretion, to modify or change these Terms and Conditions at any time. Any modified or changed Terms and Conditions will be posted on the Orange Panel website at http://www.orangepanel.com, and become effective upon posting. Therefore, please check the website periodically for the most current terms. Continued participation in the Program after posting is considered acceptance of the modified or changed Terms and Conditions.

Eligibility

The Orange Panel is open only to legal residents of the USA and/or Canada who (a) are a registered Panelist in good standing of Orange Panel and (b) are at least 18 years of age at the time of panel registration. Any person who is younger than 18 years of age at the time of panel registration, employees of MobileFolk or its subsidiaries, and members of their households are not eligible to participate in the Program. This Program is void where prohibited or restricted by law.

Registration Method

In order to participate in the Program, you must be a registered Panelist in good standing with MobileFolk with accurate, complete and updated information. To become a registered member of Orange Panel, you must first download the Orange Panel app for your device, and complete the initial registration.

Please note that we may deny registration if you:

Reward Points

Panelists enrolled in and in good standing with the Program may be issued "points" which they can redeem for cash. Points can be redeemed for cash according to the following formula: US$1 for each 1000 points awarded. Points may only be redeemed for cash once the total points aggregated reaches 50,000 points. There is no maximum amount of points that can be earned and redeemed. No cash will be awarded for fractional amounts; e.g., a Panelist with 50500 points will receive $50 in cash; the excess 500 points will remain in the account until there are sufficient additional points for redemption.

Points are awarded in two ways:

  1. Once you complete your registration with Orange Panel, 100 reward points will be automatically be credited to your newly created account.
  2. Reward points (ranging from 5 to 50,000 points - or more) will also be awarded as an incentive to Panelists for completing surveys with OrangePanel. Before each survey starts, Panelists will be informed of the number of points that may be awarded to those who respond to the questions sincerely and completely. Survey information and points earned will be aggregated and managed automatically.

Redemption of Points

Once a Panelist has earned at least 50,000 points, he or she may redeem the points for cash. The minimum redemption at any one time is 50,000 points. To redeem reward points, Panelists will be presented with one or more methods of redemption from within the app. The value of a selected reward cannot exceed the number of points in the Panelist's account. Selecting a reward of lesser value is permitted, provided the minimum of 50,000 points is redeemed and any unused points will remain in the Panelist's account for future use.

Points are non-negotiable and non-transferable and may only be redeemed through MobileFolk in exchange for cash. All payments shall be in U.S. dollars. Once a Panelist redeems his or her points, the number of points redeemed will be deducted from the Panelist's account. Any points that are not redeemed within two (2) years after such points were posted to Panelist's account may expire and may no longer be valid or subject to redemption. MobileFolk reserves the right to modify at any time the number of points required to be redeemed for cash.

Any claim concerning points not accurately credited to the Panelist must be received by MobileFolk within 30 days of the date the submission of survey for which points are claimed. MobileFolk is not responsible for lost or stolen Panelist rewards points documents or rewards points.

The accumulation of points does not entitle Panelists to any vested rights with respect to points, rewards, or program benefits. In accumulating points, Panelists may not rely upon the continued availability of any reward or reward level. Any unspecified expenses related to the enrollment/use of the Program are solely the Panelist's responsibility.

Rewards Delivery

The cash value of the redeemed points will be paid in the form of a check sent via U.S. mail. Please allow four to six weeks for delivery. Delivery time may be slightly longer due to the high volume of redemption requests. Checks will be sent to the most recent address in MobileFolk's registration records for the Panelist. Panelists are obligated to update their accounts so that MobileFolk has the most current address. MobileFolk is not responsible for any lost, misdelivered or stolen checks.

By participating in the Program, you agree that MobileFolk may contact you by e-mail, mail or phone with respect to any issues relating to the Program. You further agree that MobileFolk may disclose your contact information (name, physical address, e-mail address and phone number) to third parties that are assisting in the operation of the Program or the fulfillment of redemptions hereunder. You further consent to the delivery of any notice relating to the Program by electronic means to the e-mail address provided in the registration process.

Cancellation or Revocation of Points

MobileFolk reserves the right, in its sole discretion, to terminate, cancel or suspend any Panelist's membership and revoke any and all points awarded to that Panelist or credited to that Panelist's account on the following grounds:

In addition, any Panelist may cancel his or membership by uninstalling the app - after a period of two years, the panelist's membership information will be automatically deleted from the Program.

Point Redemption at Termination of Panel Membership

A Panelist whose membership is terminated pursuant to 'Cancellation or Revocation of Points' will forfeit all points in his or her account even if the aggregate cash points in his or her account exceed 50,000 points.

Panelists who elect to terminate panel membership (or whose memberships are terminated other than under the provisions of 'Cancellation or Revocation of Points') and have points in their account may choose to redeem any available points in accordance with 'Types of Rewards' provided they have sufficient points for reward redemption (at least 50,000). Such points must be redeemed within 30 days of the effective date of termination of the Panelist's account or will otherwise be deemed waived by the Panelist.

Obligation of Members

Each Panelist is responsible for maintaining the confidentiality of the username and password provided during the registration process. Such username and password should not be shared with any third parties. Each Panelist is responsible for all usage or activity on his or her account, including all costs associated therewith, whether or not the usage is authorized by the Panelist or the result of the Panelist authorizing a third party to use the Panelist's username and password.

Each Panelist is solely responsible for all taxes associated with redemption of points and payments received hereunder. MobileFolk reserves the right to require each Panelist to provide written consent on this provision.

Status of Relationship

Panelist and MobileFolk are independent contractors. Panelist shall not be considered an employee, agent or partner of MobileFolk.

DISCLAIMER OF WARRANTY / LIMITATION ON LIABILITY

MobileFolk will not be responsible or liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with (a) any use or misuse of the Program, (b) any failure or delay by MobileFolk, its officers, directors, agents or employees in connection with the Program (including without limitation the use of or inability to use any component of the Program), or (c) the performance or non performance by MobileFolk, its officers, directors, agents or employees (including but not limited to any failure, delay or error in crediting points to the member account), even if MobileFolk has been advised of the possibility of damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, MobileFolk is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $25.00. Some states do not allow the limitation of liability, so the limitations above may not apply to the Panelist. The OrangePanel Program is offered "as is" and "as available."

MobileFolk assumes no liability for lost or misdirected entry forms, registration forms or survey submissions whether due to technical or computer malfunctions or otherwise. MobileFolk assumes no liability for technical or computer malfunctions of any kind. If, for any reason, the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of MobileFolk which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, MobileFolk reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program.

Miscellaneous

MobileFolk's interpretation or application of the Terms and Conditions of the Program shall be binding on all Panelists. By enrolling in the Program, you agree to be bound by the full Terms and Conditions stated herein. You also agree to review these Terms and Conditions periodically and shall be bound by any modifications. If you do not accept these Terms and Conditions, or any subsequent modifications, your sole and exclusive remedy is to terminate your membership in the program. These Terms and Conditions make up the entire agreement between MobileFolk and you regarding the Program and supersede any prior agreements (whether oral or written). If a court holds any of these Terms and Conditions unenforceable, the remainder of the Terms and Conditions shall nevertheless remain enforceable. The failure by MobileFolk to act on any breach of the Terms and Conditions by a Panelist shall not constitute a waiver of MobileFolk's right to act with respect to any future breaches.

Governing Law

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the province of Ontario applicable to contracts entered into by Ontario residents and to be performed within such Province without regard to its conflict of law provisions. Any litigation to enforce or interpret the provisions of these Terms and Conditions or the parties' rights or obligations arising out of these Terms and Conditions or in connection with the Program shall be maintained only in the courts in Ontario and the parties expressly consent to personal jurisdiction in such courts.