By reference, the Interpretations & Definitions listed below apply to the following:

• Terms of Use (Business Client Administrator)
• Terms of Use (Event Participant/ Visitor)
• Privacy Policy
• Legal Notices (Business Client Administrator)
• Legal Notices (Event Participant/ Visitor)
• Business Client Terms
• Penny Software License Agreement
• Commercial Client Contract
• Company Web Sites

Interpretations & Definitions

“Administrator Console” or "Client Control Centre" is the BBM Service application interface the Administrator or Master Administrator uses to create and manage BBM Service Events. Access to the Administrator Console is via the Sites and requires an Account ID and Pass Code (as supplied by the Company whilst a valid commercial client contract exist between the parties)

"ALTL" or “Company” means Applied Living Technologies Limited, a company registered in England & Wales (Registration Number 04824749)

"Annual Administrator Fee” or “Annual Right to Use License Fee” is the Transaction Fee (as defined in the CCC between the Client and the Company) due to the Company from the Client for each Client Administrator who uses BBM services to generate BBM Service Events over a 12 month period

“BBM” or “BusinessByMobile” is the ‘catch all’ group brand name of Company owned Multimedia Services for use by Business Clients to create Service Events from which panelists participate

"BBM Managed Service Provider" or "BBM MSP" or "BBM Reseller" is a Client of the Company who sells via their own commercial contracts a managed BBM Service as part of a solution or as a complete offering. The BBM MSP (via their own Administrator) may have the option as defined in the CCC to operate and manage the BBM Service to create Service Events for their customers .

"BBM Panel" is the electronic Company database, which stores all Panelist Data from all users in all Panels.

"BBM Penny" or “Penny” is the Company owned software applications resident on Panelist communication devices (E.g. Mobile Handsets or Phones or Personal Digital Assistants etc) used by a Panelist to participate in a BBM Service Event

“BBM Service” or“BusinessByMobile Service” is a specific commercially available multimedia service of the Company (E.g. MPOLLS, iME) accessible by a Client Administrator via the Sites

“BBM Service Event” or "Service Event” or "Event” is a single event (E.g. Poll, Marketing Campaign) created using a BBM Service by the Business Client from which Panelists participate

"BBM Web Mobile Penny" or “Web Mobile Penny” is the web application of the Company available to the Panelist for participation in a BBM Service Event via the Web Browser on their communication device (E.g. Mobile Handsets or Phones or Personal Digital Assistants etc)

"BBM Web Penny" or “Web Penny” is the web application of the Company available to the Panelist for participation in a BBM Service Event.

"Branded Panel” or “Client Branded Panel” is a Panel created by a Client with Panelists recruited / supplied from Client generated Service Events. The Branded Panel has its own unique descriptive name and consists of a superset of specific Panelist Data from the BBM Panel. These Panelists are initially Private Panelists in the BBM Panel and may become Public Panelists in the BBM Panel by participating in different Client Service Events.

"Branded Panel Price Book” ” is a Price Book created by a Client with Transaction Fees greater than the comparable Transaction Fees in the Company Standard Price Book

“Branded Panel Provider” or “BPP”is a Client who either from Service Events or otherwise is the creator of a Branded Panel. The Branded Panel Provider uses the Branded Panel in Service Events and may allow other Company Customers to access the Branded Panel to generate other Service Events

"Business Client" or“Client” means a business or individual who has a valid existing Commercial Client Contract with the Company

"Business Client Terms” are the general terms and conditions of use for BBM services agreed between the Client and the Company

"Call to Action" or “CTA” is an action defined by the Client when a Panelist responds in an affirmative manner as determined by the Client to a specific answer in a Service Event

"CTA Fee"is the Transaction Fee (as defined in the CCC between the Client and the Company) due to the Company from the Client for each CTA a Panelist generates following participation in a Service Event

"Client Administrator" or “Administrator” is an individual who represents and warrants he or she is an authorized employee of the Client or is the Client & who uses the Sites on behalf of the Client and is bound by the terms and conditions on the Sites and any appropriate agreement between the Client and the Company

"Client Agent" or “Agent” is a business or individual of the Client, who has a valid commercial contract with the Client to receive a portion of the fees generated from Client Service Events from a BBM Service. The Client is responsible for and remunerates the Agent accordingly.

"Client Price Book” is a specific Price Book with Transaction Fees negotiated between the Client and the Company

"Client Reports” or “Reports” are detailed information available to the Client and or nominated third parties following a Service Event. These reports cover (but are not limited to) information on participating Panelist preferences, Service Event Content, Service Event Incentives, SETs and WEB SETs

"Commercial Client Contract” or “CCC” is a valid written agreement covering the commercial terms agreed between a Client and the Company for the use of BBM Services

"Company Customer” ” is a business or individual (not a listed party to this Agreement), acting as a 3rd party Company Client with their own existing and valid commercial relationship with the Company

"Company Price Book” is a Company’s Standard Price Book

"Confidential Information” ” means all information about BBM Services the Client acquires from any source which is of a confidential nature including without limitation the price and fee arrangements agreed between the Client and the Company and information about software, manuals, processes and any Service Event content

“Eligible BBM Services” are BBM services the Company allows the Client to use based on the terms and conditions in the valid existing CCC with the Company

“Eligible Regions” are defined geographical area where mobile network operator services exist and a Client has a valid existing CCC with the Company to use BBM Services

"iME” is a BBM Service

"Incentive” is a reward a Client may offer a Panelist for completed participation in a Service Event

"Incentive Fulfillment Agent" or “IFA” is a business or individual who has a commercially valid existing contract with a Client to deliver Incentives to Panelists following successful participation in a Service Event. They must have a commercially valid existing license with the Company to act as an IFA for Service Events

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

"Legal Notices (Business Client Administrator)” are specific legal notices the Business Client Administrator is bound by when using the Sites.

"Legal Notices (Event Participant / Visitor)” are specific legal notices a Visitor or Participant is bound by when using the Sites

"Master Client Administrator" or “Master Administrator” has the same rights and obligations as an Administrator, but additionally has special authority, as determined by the Company to manage specific elements of a BBM service. E.g. to start, stop, pause, close and resume Service Events

"MPOLLS” is a BBM Service

"Panel” or “Mobile Services Panel” or “User Group” is a group of users, identified via a unique telephone number and associated PPI who wish to participate in one or many Service Events, each providing specific Panelist Data and allowing the Company to store this Panelist Data and PPI in an electronic Company database for use in BBM Services

"Panelist” or “Respondent” or “Participant” means a user in a Panel (Panel Member), who opts in to participate in Service Events and is the originator of a Service Event Transaction (E.g. submitted response to a survey, etc).

“Panelist Data” is personal information (E.g. demographics, preferences etc) relating to a Panel user stored in the Companies electronic database. Access to and protection of, this information is defined by the Company Privacy Policy and any other appropriate Agreements with third parties (e.g. Incentive Providers)

"Penny Software License Agreement” or “PSLA” is the licensing agreement defining BBM Penny terms and conditions of use by a Panelist

“Panelist Personal Information” or “PPI” is confidential personal information (E.g. Name, Address, Telephone Number, Email Address etc) of a Panelist stored in the Company’s electronic database. Access to, and protection of, this information is defined by the Company Privacy Policy and any other appropriate Agreements with third parties

"Price Book"details the Transaction (SET, WEB SET, WEB MOBILE SET & Subscription SET) Fees the Company charges a Client, variable dependant on quantity generated and type of media content used in a Client Service Event. The price book fees apply to Participating Panelists from a specific Panel (BBM Panel, Branded Panel etc) accessed in a Service Event

"Privacy Policy" or “Policy” as described on the Sites, details the Company’s protection policy and use of Panelist Data and PPI

"Private Panelist” is a Panelist who participates in BBM Service Events generated by only one specific Client

"Public Panelist” ” is a Panelist who participates in BBM Service Events generated by more than one specific Client

"Penny License Fee” is the Transaction Fee (as defined in the CCC between the Client and the Company) due to the Company from the Client, following a BBM Service Event created by the Client, whereby a copy of BBM Penny becomes resident on a participating Panelist’s communications device (E.g. Mobile Handsets or Phones or Personal Digital Assistants etc)

"Service Event Transaction” or“SET” is a Panelist submitted and received response following participation in a Service Event

"SET Fee” is the Transaction Fee (as defined in the applicable Price Book and in the CCC between the Client and the Company) due to the Company from the Client

“Sites” or “Site” means all Company owned and hosted Application BBM Service Sites used to promote the Company’s business and to deliver its range of BusinessByMobile Services. These include but are not limited to www.businessbymobile.com, www.businessbymobile.co.uk, www.mpolls.co.uk, and www.mpolls.com.

"SMS Fee” is the Transaction Fee (as defined in the CCC between the Client and the Company) due to the Company from the Client for each short message service text (SMS) or Media File sent to a Panelist before, during or after completion of a Client generated Service Event (E.g. When sending an SMS to a Panelist to inform them of a new iME Service)

"Subscription SET Fee” is the Transaction Fee (as defined in the applicable Price Book and in the CCC between the Client and the Company) due to the Company from the Client for each Panelist who is a member of a Specific Client Panel within a given period, usually one month

"Transaction” is an action that results in a Fee due to the Company.

"Terms of Use (Business Client Administrator)” are the general terms a Business Client Administrator is bound when using the Sites

"Terms of Use (Event Participant / Visitor)” are the terms an Event Participant or Visitor is bound when using the Sites

“White Label Service” or “WLS” is a BBM Service branded and tailored to mutually agreed specifications of a Client. The tailored applications functionality and specification is at the discretion of the Company and involves, but are not limited to inclusion of Client logos and colour schemes.

"WLS Fee” is the Transaction Fee (as defined in the CCC between the Client and the Company) due to the Company from the Client for each Client Administrator who uses a BBM WLS services to generate Service Events