comScore, Inc. Citation Agreement and Consent
Exhibit 99.1
comScore,
Inc.
Citation
Agreement and Consent
Subject to the terms and conditions set forth herein, comScore, Inc. (“comScore”) hereby
consents to the quotation by Deutsche Bank (“Requester”), in the Registration Statement on
Form S-1 to be filed by Requester with the U.S. Securities and Exchange Commission (the
“Filing”), of the following published comScore information (the “comScore Information”):
Requested Language
1) The Intelius network of websites was one of the top 100 most visited web
properties in the U.S. for September 2009, according to comScore Media Metrix,
a leading Internet audience measurement firm
2) In September 2009, the Intelius network of websites that attracts users
interested in obtaining consumer information services drew over 11.7 million
unique visitors in the U.S., according to comScore Media Metrix
3) According to comScore Media Metrix, the number of online searches in
the U.S. in September 2009 reached approximately 21.3 billion.
In consideration of comScore’s consent as set forth above, Requester hereby agrees that:
(1) | the comScore Information will be presented in the Filing as representing data, research opinion or viewpoints published by comScore and not as a representation of fact; | ||
(2) | comScore disclaims all warranties, express or implied, statutory or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and warranties as to accuracy, completeness or accuracy of the comScore Information; | ||
(3) | the comScore Information speaks as of its original publication date (and not as of the date of the Filing) and that the opinions expressed in the comScore Information are subject to change without notice; | ||
(4) | comScore shall have no liability for errors, omissions or inadequacies in the comScore Information or for any interpretations of the comScore Information; | ||
(5) | comScore does not assume responsibility for any third parties’ reliance on any information contained in the Filing, including the comScore Information; and | ||
(6) | where applicable, comScore is not an “expert” within the meaning of Section 509 of Regulation S-K promulgated under the Securities Exchange Act of 1934, as amended. |
Requester agrees to indemnify and hold harmless comScore, and its directors, officers,
shareholders, employees and agents, from and against any and all claims, liabilities,
demands, causes of action, damages, losses and expenses (including reasonable attorney’s fees
and costs) arising, directly or indirectly, and without limitation, out of or in connection
with the Filing.
comScore’s consent set forth above shall not be deemed effective until comScore shall have
received a countersigned copy of this document from Requester.
Name of Requester | comScore, Inc. | |
/s/ Xxxx Xx
|
/s/ Xxxxxxxxxx X. Xxx, Esq. | |
Xxxx Xx
|
Xxxxxxxxxx X. Xxx, Esq. | |
Analyst
|
General Counsel | |
10/14/09
|
10/15/09 |