TapResearch Developer Terms and Conditions
Last updated: January 14, 2022
THE DEVELOPER TERMS AND CONDITIONS POSTED TO THIS WEBPAGE (“DEVELOPER TERMS”) ARE INCORPORATED INTO AND FORM A PART OF THE TAPRESEARCH MASTER TERMS AND CONDITIONS (THE “MASTER TERMS”). AS USED HEREIN, THE TERM “AGREEMENT” REFERS COLLECTIVELY TO THE MASTER TERMS, THESE DEVELOPER TERMS, AND THE DATA PROCESSING AGREEMENT (“DPA”).
These Developer Terms are posted by TapResearch, Inc. (“TapResearch,” “we,” “us,” or “our”) and govern your use of the TapResearch platform (the “Platform”) for the purpose of making survey offers available in your Application(s) (as defined below).
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MAKING SURVEY OFFERS AVAILABLE VIA YOUR APPLICATION(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR INCLUSION IN TAPRESEARCH’S DEVELOPER NETWORK (THE “DEVELOPER NETWORK”) IS CONDITIONED ON YOUR MEETING THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 2 BELOW.
Any capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Master Terms. Nothing herein is intended to limit the obligations in the Master Terms; however, in the case of a conflict between these Developer Terms and the Master Terms, these Developer Terms shall control.
“Alternative Payment Service” means Developer’s service within each
Application that allows Users to participate in Survey Offers in order to
receive incentives within the Application including without limitation
virtual currency, unlocked content or features, level advancement, or
additional strength, power, or life/lives.
“Application” means an online website or mobile application developed and
offered by Developer, and approved by TapResearch, which meets the
Eligibility Requirements set forth in Section 2 below.
“Completed Survey” means a Survey Offer completed by a User, wherein the
User provides a genuine response to all of the questions presented in the
Survey Offer and takes such other steps as may be required to complete the
Survey Offer, as determined by TapResearch in its sole discretion. For the
avoidance of doubt, any responses to Survey Offers that are either
partially or entirely fake, completed by anyone other than a User, or
incomplete, as determined by TapResearch in its sole discretion, shall not
be considered a Completed Survey.
“Developer Compensation” means the market rate of compensation paid to
Developer by TapResearch in connection with Completed Surveys. TapResearch
does not pay a fixed amount per Completed Survey, but rather determines the
amount to pay based on many variables in the market such as whether the
Completed Survey is paid for by a third party or TapResearch, what type of
survey it is, the type of Developer’s app, the type of Surveys, whether the
Completed Surveys meet the Survey provider’s requirements to be “qualified”
or “unqualified”, and the different costs of developing and supporting
different Surveys in different types of Applications and more. The
Developer Compensation is determined at TapResearch’s sole reasonable
“SDK” means the software development kit, the source and object code
contained therein, and all associated documentation, including any and all
modifications, improvements and updates thereof, provided by TapResearch to
Developer for the purpose of making Survey Offers available to Users
through the Alternative Payment Service.
“Survey Offers” means any and all surveys and the like that are furnished
by TapResearch to Developer, which are presented, offered and delivered to
Users via the Alternative Payment Service within each Application. Each
Survey Offer will contain a number of survey questions to be determined by
TapResearch in its sole discretion.
“TapResearch Audience API” means the API that may be made available by
TapResearch to Developer to enable Developer access demographic data about
“User” means a human end user of the Application who is not utilizing the
Application via a robot or algorithm.
“User Data” means all data and information generated or otherwise collected
in connection with the Survey Offers and SDK.
2. Eligibility Requirements. Developer’s eligibility for participation in
TapResearch’s “Developer Network” and ongoing eligibility to remain in the
Developer Network is conditioned upon Developer meeting and continuing to
meet the following minimum requirements (“Eligibility Requirements”). In
the event that TapResearch determines, in its sole and absolute discretion,
that Developer does not or no longer meets any of the Eligibility
Requirements, TapResearch reserves the right to deny entry to, or
immediately remove Developer from, the Developer Network.
The Eligibility Requirements include, without limitation, the following:
(a) Developer has submitted and received TapResearch’s written approval of
Developer’s application for inclusion in the Developer Network (the
“Program Application”), which approval shall be granted or withheld in
TapResearch’s sole discretion;
(b) Developer is at least eighteen (18) years of age or a corporate legal
entity in good standing;
(c) Developer has the necessary rights and authority to enter into and
perform the obligations required of it under this Agreement;
(d) Developer is in compliance with all terms and conditions set forth in
(e) All information which Developer has provided to TapResearch, including
but not limited to information provided in the Program Application and all
other information about Developer’s business provided in connection with
the Developer Network, including all relevant payment information (e.g., a
W-9), is and will remain accurate, complete and current;
(f) Developer is the registered owner of the Application(s) listed on the
Program Application, including all domain names;
(g) None of the Application(s) contain any unlawful, defamatory, offensive,
libelous, harassing, abusive, fraudulent, pornographic or obscene content
(h) Each Application(s) is technically and fully compatible with the Google
Android (if deployed on Android) and/or the Apple iOS (if deployed on Apple
iOS) operating system and delivery platform;
(i) Developer and its Application(s) are not subject to any pending
lawsuits, fines, or government or regulatory actions;
(j) If Developer is permitted access to the TapResearch Audience API,
Developer will only use any information obtained from the TapResearch
Audience API for the sole purpose of improving Developer’s own products and
services, and in no event shall Developer sell, transfer, or use any
information obtained from the TapResearch Audience API for marketing
Developer will provide TapResearch with any information, records, or
materials that TapResearch requests to verify Developer’s compliance with
the Eligibility Requirements and the terms and conditions of this
TapResearch may also request at any time that Developer remove
the SDK and/or Survey Offers from certain Application(s), or cease
accessing the TapResearch Audience API, with or without cause, and
Developer will make commercially reasonable efforts to comply with all such
3. Survey Offers and Application.
3.1. Implementation of Survey Offers. Developer will display all Survey
Offers through the Alternative Payment Service in accordance with this
Agreement. Developer shall comply with any placement and delivery
requirements, any requirements to implement code and any technical
specifications that are provided by TapResearch at any time to enable
proper display of the Survey Offers. Any exceptions to the forgoing
requirement must be approved by TapResearch in writing. Developer will be
solely responsible for any and all costs Developer incurs for the display
of the Survey Offers in accordance with such specifications and for any
programming related to the same which Developer elects to undertake.
Subject to the terms of this Agreement, Developer shall have a
non-exclusive, revocable and limited right during the Term, to use the SDK
solely for purposes of implementing the Survey Offers within its
Application as set forth in this Section 3.1. TapResearch reserves the
right to update the SDK from time to time, in its sole discretion. To the
extent necessary, Developer will update its Application with the latest
SDK, within ten (10) days of its receiving notice of such updated SDK or
within a commercially reasonable timeframe. Developer understands that a
failure to update an Application with the latest SDK may result in such
Application being incapable of rendering Survey Offers.
3.2. Use Restrictions. Unless TapResearch approves specifically in writing:
(i) Developer may only use the SDK as provided by TapResearch, without
modification; (ii) Developer shall not modify or alter the content, text or
appearance of any Survey Offers, or aggregate the Survey Offers with other
offers (e.g., by creating an aggregate offerwall that combines Survey
Offers with other offers); (iii) Developer shall not make available other
offers (whether its own or from third parties) similar to the Survey Offers
in connection with any Application that provide incentives to Users in
exchange for acting upon such promotional offers; and (iv) Developer may
not provide the SDK or disclose its contents to any third party nor
implement the SDK in any applications other than the Application(s) without
TapResearch’s prior written approval.
4.1. Payment Terms. Subject to the terms of this Agreement, for each
Completed Survey received by TapResearch, TapResearch shall pay Developer
the Developer Compensation: (a) on a monthly basis, and (b) within ninety
(90) days following the last day of each calendar month period during which
the Completed Survey was received by TapResearch; provided, however, that
amounts payable of less than $250 will be held until amounts due to
Developer equal or exceed $250. Developer shall be solely responsible for
the payment of, and shall pay when due, all applicable federal and state
taxes, including any sales, use, excise or transfer taxes and other taxes
associated with payments to Developer under this Section 4 (except for
taxes assessed on TapResearch’s net income), and shall indemnify
TapResearch for all costs, losses, liabilities and expenses, including
penalties, arising from any failure to do so. Further, TapResearch will
provide a monthly statement to Developer that documents the calculation of
the Developer Compensation due to Developer based on the number of
Completed Surveys. Developer further agrees that TapResearch shall have no
obligation to issue the Developer Compensation to Developer if TapResearch
has not received remittance from the applicable Survey Offer sponsor of all
amounts due to TapResearch. In the event of such non-payments or bad debts,
TapResearch reserves the right to offset future Developer Compensation
payments to Developer or invoice Developer for such amount owed in its sole
4.2. Fraud and Incompleteness. TapResearch shall not be obligated to pay
Developer for any fraudulent actions generated by any person, bot,
automated program or similar device in connection with any Survey Offers,
as determined by TapResearch in its sole and absolute discretion. Developer
shall use its best efforts to promptly notify TapResearch of such
fraudulent activity. Additionally, TapResearch will have no obligation to
make any payments to Developer based on incomplete Survey Offers (i.e.,
those that are not Completed Surveys). Developer will forfeit and (if
applicable) have offset any payments made which are determined by
TapResearch (in its sole and absolute discretion) to have been generated by
Developer or from the Application(s) in violation of these Terms or other
policy or guidelines established by TapResearch.
5. Compliance with Laws.
Without limiting anything in the Master Terms, Developer represents and warrants that: (a) it will display the Survey Offers and provide any data to TapResearch as required under this Agreement; (b) the Application(s) (i) are and will be in compliance with all applicable local, state, national and international laws, rules and regulations, and contractual obligations between Developer and any third party; and (ii) do not and will not violate any third party’s intellectual property or proprietary rights; (c) Developer will not, will not agree to, and will not authorize or encourage any third party to: (i) interfere or attempt to interfere with the proper working of the Alternative Payment Service or prevent others from using the Alternative Payment Service; or (ii) use the Alternative Payment Service or SDK for any fraudulent or unlawful purpose. Violation of any of the forgoing may result in immediate termination of this Agreement at TapResearch’s sole discretion. TapResearch reserves the right, but will have no obligation, to review Developer’s display of the Survey Offers and/or use of the SDK and to use the Application(s) at any time in its sole discretion, in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
The parties also acknowledge and agree that with regard to the control and processing of usage data, demographic data, and compilations thereof, as well as any other personal data elements within the TapResearch materials, TapResearch is the controller and Developer is the processor, as such terms are defined under the Data Protection Laws and Regulations (as defined below).
TapResearch shall control and use personal data in accordance with the requirements of Data Protection Laws and Regulations. TapResearch shall have sole responsibility for the accuracy, quality, appropriateness and legality of any such personal data and the means by which the Developer acquires any such personal data. If the parties have not executed a separate data processing agreement, TapResearch’s form of data processing agreement shall apply to any personal data processed by Developer at the direction of TapResearch, as set forth in the DPA.
“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the United States, European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the processing of personal data under this Agreement, including without limitation CCPA, UK GDPR and GDPR.
Developer acknowledges that TapResearch will provide Survey Offers for display on the Application(s) pursuant to this Agreement. Developer agrees that it will use any data (including any usage data and compilations thereof), information or software provided by TapResearch to Developer only for the purpose of displaying Survey Offers for TapResearch on the Application(s) as set forth in this Agreement. As between the parties, TapResearch and its licensors will exclusively own and retain all rights, title, and interest in and to: (a) all Survey Offers, (b) the SDK, (c) any usage data and compilations thereof and any User Data collected through the Survey Offers and SDK, and (d) all intellectual property and other proprietary rights related thereto. As between the parties, Developer and its licensors will own and retain all rights, title, and interest in and to the Application(s), excluding the SDK. No rights or licenses, are granted by TapResearch or its licensors under this Agreement except as expressly set forth in this Agreement, and TapResearch hereby reserves all rights not granted herein.
8. Term and Termination.
8.1 Term. This Agreement will begin upon the Effective Date; provided, however, that TapResearch’s obligations hereunder shall not begin and shall be wholly conditioned on TapResearch’s acceptance of Developer’s Program Application, Developer’s satisfaction of the Eligibility Requirements described above, and Developer’s agreement to and compliance with this Agreement
8.2 Termination. This Agreement will end upon the earlier of (i) when terminated by either Developer or TapResearch pursuant to this Agreement; or (ii) when the then current term expires (the “Term”). If not otherwise terminated under this Section 8, the Agreement will have an initial term of one (1) year, and will automatically renew for additional one-year terms upon each anniversary of the Effective Date unless either party gives written notice of non-renewal on or before thirty (30) days before the end of the then current term. TapResearch may terminate this Agreement at any time for any reason or for no reason upon notice to Developer, including but not limited to: (a) actual or suspected failure to meet the Eligibility Requirements; (b) actual or suspected violation of Section 5 (Compliance with Laws); (c) failure to generate at least twenty-five ($25.00) in Developer Compensation, in the aggregate, over the course of six (6) consecutive months; or (d) any other actual or suspected violation of this Agreement.
Either party may terminate this Agreement in the event of the other party’s breach by providing notice in writing within thirty (30) days, and in the event the breaching party fails to cure such breach within such thirty (30) day period, the contract will immediately terminate at the expiration of such thirty (30) day period.
Upon termination of this Agreement, Developer may, except as otherwise provided herein, receive payments owed to Developer up to the effective date of termination. In addition, upon any termination, all license rights and other privileges granted to you herein shall terminate immediately, and Developer shall immediately cease any and all use of the SDK.
TapResearch shall have the right to, in its sole discretion and at any time, modify, alter, or change these Developer Terms and/or to cease its operation of the Developer Network.