Benchmarker constitutes a Licensed Product for purposes of this Agreement. In the event Licensee purchases a license to use Benchmarker, the terms in this Section 8 apply, and are in addition to the other terms of this Agreement. Benchmarker reports are intended to provide aggregate financial performance information for groups of comparable hotels based on Licensee-specified criteria (“Comparable Group(s)”).
Notwithstanding to the contrary, we reserve the right not to produce any Benchmarker report for any reason. Without limitation, (i) the information contained in Benchmarker reports are proprietary and confidential to us and is protected under US copyright laws, as well as other intellectual property laws, and (ii) Licensee agrees to only use such information expressly as authorized herein and only disclose such information to third parties with prior written consent of CBRE Hotels Research. E-mail from CBRE Hotels Research is not encrypted, and if Licensee has any security concerns, Licensee may instead submit data and communicate with CBRE Hotels Research using secure, non-electronic methods.
Data Sorting Requirements. To protect the confidentiality of the performance data of any individual property, hotel brand, management firm, or owners, we have established validation rules to ensure a user’s comparable set is sufficiently different than other comparable sets used in previously created reports within their user group(s). Additionally, reports must meet the minimum and maximum counts for the number of properties in a Comparable Group as follows.
A. Benchmarker Financial Performance Comparison Reports:
- The names of the hotels in the Comparable Group are not disclosed in a Benchmarker Financial Performance report.
- The Comparable Group must include a minimum of ten (10) reporting hotels, and the Comparable Group cannot exceed one hundred (100) reporting hotels.
B. Benchmarker Property Profile Comparison Reports:
- The Comparable Group must include a minimum of four (4) reporting hotels, three (3) different brands or brand holders, AND three (3) different CBRE data partners; and
- The Comparable Group cannot exceed fifteen (15) reporting hotels. In addition, any one of the following CANNOT comprise 60% or more of the room count of the Comparable Group: (i) a property, (ii) a brand or brand parent, or (iii) a CBRE data partner; and
- The Comparable Group cannot include just one property with F&B revenue
Licensee agrees it will not directly or indirectly attempt to determine the performance of any individual property, hotel brand, management firm, or owner, and if this is attempted, we hereby reserve the right to refuse sale of future Benchmarker reports to Licensee, including, without limitation, related entities or individuals; the foregoing is in addition to any other rights and remedies available to CBRE at law or in equity. CBRE Hotels Research also reserves the right to seek, without limitation, injunctive relief in the event of any violation.”
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