Free Stuff Addendum

This Free Stuff Addendum (“FSA”) is entered into by BenchMark.IS, Inc. (“BenchMark”) and the entity receiving Free Stuff (as defined below) ("User"). If the User has entered into a Service Order with BenchMark, the User is the entity identified as Client on the Service Order and this FSA is incorporated into the Master Service Agreement ("Agreement"), or a similar agreement regarding the Services, entered into by both parties. Any capitalized term used herein not otherwise defined has the meaning set forth in the Agreement available at 

This FSA sets forth the terms for any Service and/or BenchMark Content provided free of charge to User by BenchMark (the “Free Stuff”).

• USAGE LIMITS. Free Stuff is subject to usage limits. Any usage over the usage limits requires User to purchase subscriptions to the Services.
• CLIENT CONTENT.  Any Client Content used by User as part of the Free Stuff and any customization made in connection with the Free Stuff may be permanently lost unless User purchases a subscription for the same Service or exports the Client Content prior to the end of the Free Stuff Period (defined below). User may not transfer any Client Content or customizations used as part of the Free Stuff to a Service that would be a downgrade from the Free Services. User is solely responsible for exporting Client Content prior to the Free Stuff Period. User is not required to provide to BenchMark suggestions, questions, requests or corrections (“Feedback”) related to the Services; however, if User provides any Feedback to BenchMark, User grants BenchMark a non-exclusive, perpetual, worldwide, royalty-free, transferable, and irrevocable license to use and incorporate such Feedback into the Services.
• WARRANTIES.  THE FREE STUFF IS PROVIDED “AS IS” AND AS AVAILABLE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY, QUALITY OR INTEROPERABILITY. USER RECOGNIZES THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED AS PART OF THE FREE SERVICES, AND ACKNOWLEDGES THAT THE FREE STUFF IS NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. BenchMark WILL NOT BE LIABLE FOR ANY ACTIONS, INACTIONS OR DECISIONS THAT USER MAY TAKE OR OMIT TO TAKE BASED ON THE FREE STUFF OR ANY INFORMATION OR DATA CONTAINED THEREIN.
• LIABILITY.  BenchMark HAS NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE FREE STUFF UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE BenchMark’S LIABILITY WITH RESPECT TO THE FREE STUFF WILL NOT EXCEED $500.00. USER IS FULLY LIABLE TO BenchMark AND ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF ITS USE OF THE FREE STUFF AND ANY BREACH BY USER OF THE AGREEMENT.
• INTERPRETATION AND UPDATES.  BenchMark will update this FSA periodically, without notice to User. In the event of a conflict between this FSA and the Agreement, this FSA will take precedence. Additional terms and conditions may appear on a Free Stuff registration. Any such additional terms and conditions are incorporated into this FSA by reference.
• TERM.  The term of the Free Stuff is effective from the first day User receives the Free Stuff until the earlier of (a) cancellation by User with prior written notice to BenchMark, (b) end of a mutually agreed upon Free Stuff term, (c) the Term Start date for the same paid Services (as set forth in the Service Order), or (d) termination by BenchMark in its sole discretion (which may be without prior written notice) (collectively,“Free Stuff Period”).
• BenchMark CONTENT.  User’s use of the Free Stuff is subject to the following rules:

If User has earned a BenchMark Badge, User may republish the badge, provided that all such digital republication contains a backlink to the BenchMark page for User’s applicable product or service. However, User may not alter, abridge, or otherwise modify the badge in any manner. For example, User may not alter the colors of the badge to match its brand guidelines.

User may also republish and share the aggregated Star Rating of the applicable product(s) and/or service(s) on the BenchMark Site, provided User provides a backlink to the applicable profile page on BenchMark.IS and attributes the Star Rating to BenchMark as follows: “Source: BenchMark.IS, Inc.”

User may not republish, alter, abridge, or otherwise modify any of BenchMark Reports without a license. This includes any Grid® Reports, Compare Reports, and/or Index Reports. If User has licensed a BenchMark Report, User must attribute the report and any underlying data to BenchMark. In User’s attribution, User must include the season, Category, and report type. For example, if User has licensed a Summer 2023 Small Business Grid® Report for CRM, Client would be required to include the relevant season, company size, and Category name.

Except as expressly permitted herein, BenchMark grants no license or right to User to republish, share, duplicate, abridge or otherwise modify any BenchMark Content. “BenchMark Content” means the website(s) owned and operated by BenchMark, reviews, reports, derivative works, and anything provided by BenchMark in connection with the Services. For clarity, User may not republish, share, duplicate, abridge or otherwise modify any BenchMark reports, including Grid® Reports, Compare Reports, and Index Reports. Further, User may not republish or share, in full or any excerpt thereof, any reviews of any products or services on BenchMark.IS, even if such review was solicited by User.

User agrees that it will not, and will not authorize or induce any third party to: (i) generate automated, fraudulent, or otherwise invalid reviews, questions, comments, lead conversions, clicks, or other actions; (ii) use any automated means or form of scraping or extracting BenchMark Content or data to access, query, collect, syndicate BenchMark Content or other data, content, or reviews; or (iii) use any BenchMark trade or service marks in any manner without BenchMark’s prior written consent.

BenchMark trademarks and copyrighted works include BenchMark’s names, logos, BenchMark Content, and other matter protected under trademark or copyright law. User may refer to BenchMark’s trademarks in word form only. User may only use BenchMark’s logo under license or other express written permission.