Forrester Research Inc. Citation Agreement and Consent
Exhibit 99.2
Xxxxxxxxx Research Inc.
Citation Agreement and Consent
Subject to the terms and conditions set forth herein, Xxxxxxxxx Research, Inc. (“Forrester”) hereby
consents to the quotation by Omniture, Inc. (“Omniture”), in the S-1 to be filed by Omniture with
the U.S. Securities and Exchange Commission (the “Filing”), of the following Forrester information
that has been published in print (the “Forrester Information”):
“In 2006, U.S. businesses generated over $211 billion in revenue from e-commerce sales to
consumers and spent over $20 billion on online advertising and marketing, according to
Xxxxxxxxx Research and Interactive Advertising Bureau, respectively.” (“Q2 2006:Online
Retail: Strong, Broad Growth”, Xxxxxxxxx Research, Inc., August 2006).
Similarly, online advertising represented just 6% of the total United States advertising
market in 2006, despite consumers spending 34% of their available media time online,
according to Xxxxxxxxx Research. By way of comparison, newspaper advertising in 2006
represented 30% of the entire United States advertising market while consumers spent only 8%
of their media time reading the newspaper, according to Xxxxxxxxx Research.” (“US Online
Marketing Forecast: 2005 to 2010”, Xxxxxxxxx Research, Inc., May 2005).
In consideration of Xxxxxxxxx’x consent as set forth above, Omniture hereby agrees that:
(1) | the Forrester Information will be presented in the Filing as representing data, research opinion or viewpoints published by Forrester and not as a representation of fact; | ||
(2) | Forrester 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 Forrester Information; | ||
(3) | the Forrester Information speaks as of its original publication date (and not as of the date of the Filing) and that the opinions expressed in the Forrester Information are subject to change without notice; | ||
(4) | Forrester shall have no liability for errors, omissions or inadequacies in the Forrester Material or for any interpretations of the Forrester Information; | ||
(5) | Forrester does not assume responsibility for any third parties’ reliance on any information contained in the Filing, including the Forrester Information; and | ||
(6) | where applicable, Forrester is not an “expert” within the meaning of Section 509 of Regulation S-K promulgated under the Securities Exchange Act of 1934, as amended. |
Omniture agrees to indemnify and hold harmless Forrester, 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.
Xxxxxxxxx’x consent set forth above shall not be deemed effective until Forrester shall have
received a countersigned copy of this document from Omniture.
Omniture, Inc. | Xxxxxxxxx Research, Inc. | |||||||
By:
|
/s/ Xxxxxxx X. Xxxxxxx | By: | /s/ Xxxxxxxx X. X’Xxxxx | |||||
Name:
|
Xxxxxxx X. Xxxxxxx | Name: | Xxxxxxxx X. X’Xxxxx | |||||
Title:
|
CFO | Title: | Vendor Relations Specialist | |||||
Date:
|
Date: | 5.15.07 | ||||||