ChannelAdvisor Brand Analytics Solution
The ChannelAdvisor Brand Analytics solution (“Brand Analytics”) is a tracking tool that assists companies who wish to monitor a variety of distribution metrics from e-commerce product pages and e-commerce websites.
For the initial Launch Services, Customer will work with ChannelAdvisor to provide a detailed list of information for the products Customer wishes to track, within the limits of the scope detailed in the SOW. ChannelAdvisor will work to identify the pages of these products on the e-commerce sites listed in the SOW. ChannelAdvisor will also set up access to the Brand Analytics Modules licensed by Customer and send email invitations to any Users requested by Customer, within the user limit set in the SOW.
For the specific Module identified in the SOW and the online Retailers designated by Customer, ChannelAdvisor will provide the following services (defined as “Services” in the SOW):
|ChannelAdvisor Brand Analytics: Core Module (Required)
|ChannelAdvisor Brand Analytics: Search Performance Module (Optional)
Allows shelf monitoring of keywords and categories on Retailer websites.
|ChannelAdvisor Brand Analytics: Content Performance Module (Optional)
Allows monitoring of key page elements of Retailer websites.
|ChannelAdvisor Brand Analytics: 3P Sellers Analysis (Optional)
“Third-Party Seller” or “3P Seller” means an entity that leverages a Retailer marketplace to sell products.
- “User” means a physical person identified by a unique email address. Unless otherwise stated in the Agreement, Users must be employees or independent contractors of Customer. Upon execution of this SOW, Customer must identify to ChannelAdvisor an administrative username and password for Customer’s Brand Analytics account. ChannelAdvisor reserves the right to refuse registrations, or cancel passwords, it deems inappropriate or inadequate. Customer is responsible for maintaining the security of its passwords.
- “Geography” means a specific country in which Customer does business.
- “Brand(s)” means the trade name under which the Customer is authorized to market or distribute Customer products.
- “MPN” means a unique manufacturer part number identifier applicable to online products.
- “Retailer” means an online seller of products that has a publicly available website (i.e., accessible without credentials) that features a search engine and product listings and is supported by ChannelAdvisor. For purposes of the Services, the following are not considered Retailers: auction platforms, social networks, mobile applications, price comparison tools, and/or consumer to consumer sales platforms.
Subject to the terms of the MSA, ChannelAdvisor grants to Customer, at no cost, a non-exclusive, non-transferable, revocable license, without the right to sublicense, to access and use the ChannelAdvisor Platform Report to track and display Retailer data.
Customer shall provide ChannelAdvisor with all necessary access and assistance to all resources required to effect implementation.
Customer may select the supported Retailers to be included in Brand Analytics monitoring. The list of supported Retailers to be included in the Services shall be stored in a Project Plan, which will be maintained by ChannelAdvisor and which shall constitute part of the Agreement. Substitutions of Retailers within the Project Plan that exceed 15% of the total number of authorized Retailers during the Term shall be subject to additional fees.
The information displayed about Retailers via Brands Analytics is dynamic and may change without notice. ChannelAdvisor aggregates such information, but does not control such information, and shall not be responsible to Customer or to any third party for the information.
ChannelAdvisor may change or remove content within Brands Analytics if a rights owner or other interested party requests that ChannelAdvisor do so, if ChannelAdvisor, in its sole discretion, believes it or Customer may incur liability, or if ChannelAdvisor is required to do so by law, government order or other legal process.
In certain situations, inclusion of a Retailer in the Services and/or collection of information from a Retailer is outside of ChannelAdvisor’s control, and ChannelAdvisor shall not be responsible for missing or incomplete data in such situations, including but not limited to situations where:
- The Retailer website requires a unique username and password before obtaining listing details.
- Retailer uses one or more of the following: nested frames, cookies, session IDs, or a view state that prevents deep links to its products from being transmitted to a third party.
- Retailer website data is unavailable or the website has either nonfunctional search technology or no search technology.
- Retailer prohibits automated data extraction from its website(s).
- Retailer does not regularly re-index its search for new products.
- Retailer either accidentally or purposefully misnames model numbers, such as when Retailer alters the model number within the product listing to prevent it from being matched to the manufacturer’s database.
- Retailer has conflicting information on the same page. This situation occurs when the text and model number indicate one model, for example, while the image and other data on the page indicate a different model.
- Retailer has no model number at all in the product detail page.
- Retailer has a product listing page but does not include a model number in the title or in the body of the page.
- The information requested by Customer is deliberately hidden by Retailer, or is not available from the Retailer site.
ChannelAdvisor’s performance of the Services is subject to Customer’s ongoing fulfillment of the following requirements to ChannelAdvisor’s reasonable satisfaction:
- Customer must provide ChannelAdvisor with all Product Information (or direct and authorize ChannelAdvisor to collect such data on Customer’s behalf) related to the MPNs to be included with the Services in accordance with ChannelAdvisor’s specifications. Services will begin upon ChannelAdvisor’s receipt of complete and accurate product catalog data, and ChannelAdvisor may suspend Services for Customer’s delay or failure to provide such data.
- Customer must provide ChannelAdvisor with a list of Retailers to include for each Digital Property.
- Customer must provide ChannelAdvisor with all necessary information required for ChannelAdvisor to integrate Customer’s Digital Properties with the Module and the included Services.
- ChannelAdvisor will provide services directed toward implementation of the Module(s) referenced above and ongoing management of the Module(s) on Customer’s behalf will commence upon delivery of production code to Customer as indicated in the grid above. This delivery will be deemed acknowledged seven (7) days from Customer’s receipt, or upon Customer’s acknowledgement of delivery, whichever comes first. Upon delivery of the production code for one (1) Retailer, the Fees listed herein shall be deemed earned by ChannelAdvisor for each Geography listed herein. Customer authorizes ChannelAdvisor to collect and use Product Information that is publicly available from websites or other digital areas.
- For purposes of the SOW, the definition of “Product Information” in the MSA includes the content of Retailers that Customer directs ChannelAdvisor to collect and use on Customer’s behalf.
- As to those elements of Brand Analytics that Customer can access and manipulate directly within the ChannelAdvisor Platform, the Self-Service terms of the MSA shall apply.