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Email Marketing Terms & Conditions
Email Append Terms
At Bottom Section
1. Legal Jurisdiction, and Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, without
reference to principles of conflict of laws. The exclusive
jurisdiction and venue for any proceeding brought pursuant
to this Agreement shall be Broward County, Florida.
2. Term.
This Agreement shall become effective on the date signed by
client company and shall continue in effect for six (6)
months.
3. Copy Delivery & Approval
For Advertisers providing their own creative ad copy, you must
deliver the content of the advertisement you are contracting
MyDataBroker.com to broadcast (the "Creative") no less than
three (3) days prior to the desired email broadcast date.
All Copy shall be subject to MyDataBroker.com's approval.
MyDataBroker.com reserves the right to reject any Copy that
advertises or promotes any product or service involving
illegal activity, illegal products, illegal product
paraphernalia, sexual paraphernalia, adult films or other
media, gambling, weapons, illicit activities, chain letters,
pyramid fund raising, or similar types of material. By
reserving this right, MyDataBroker.com shall not be legally
obligated for any failure to advise Advertiser of the nature
of any such Copy. Further, no Pop Up's or Pop Unders may be
launched by Advertiser from any hypertext link or URL, which
emanates from any Copy.
4. Fulfillment.
MyDataBroker.com shall deliver an e-mail message to Opt-In
Email Recipients on behalf of Client. Such e-mail message
shall contain the Copy, including a tracking URL that links
to the Client Website, and a Privacy Header.
MyDataBroker.com shall remove recipients that have
communicated a desire to unsubscribe from MyDataBroker.com's
database of Opt-In Email Recipients. Except as otherwise
expressly provided in the Invoice, the timing and frequency
of the Client broadcasts, as well as the number and
selection of the Opt-In Email Recipients that will receive
such broadcasts, shall be at MyDataBroker.com's sole
discretion.
5. Details of Broadcast
The email messages broadcast by MyDataBroker.com shall identify the
source of the recipient’s data collection and shall contain
an opt-out feature that allows the recipient to
electronically communicate their desire to be removed from
the MyDataBroker.com or affiliate database.
6. Maintenance of the Client Website.
Client shall make a good faith effort to ensure the Client
Website remains fully operational and accessible to
recipients of the Client broadcasts during the Term of this
Agreement. Further, during the Term of this Agreement,
Client shall make no changes to the Client Website or to the
products and services offered on the Client Website that
would likely result in a reduction of compensation payable
to MyDataBroker.com hereunder without MyDataBroker.com's
express prior written consent.
7. Hardware, Software, and Database
MyDataBroker.com shall obtain and maintain the computer
hardware and software necessary to perform its obligations
under these Terms and Conditions. Such hardware and
software may not be dedicated hardware or software. Nothing
in these Terms and Conditions shall grant any right, title
or interest in or to the MyDataBroker.com (or affiliate)
database, hardware or software.
8. Refunds Policy
We will not knowingly disappoint you. If for any reason
your are not adequately satisfied with the services or
products provided, please let us know within 30 days of
delivery and give us the opportunity to make things right.
If a mutually agreed remedy cannot be reached we will refund
your credit card payment.
9. Indemnification
Advertiser shall indemnify, defend and hold harmless
MyDataBroker.com against all third party claims, actions and
liabilities (including all reasonable costs, expenses and
attorneys’ fees) arising from or in connection with (a)
Advertiser’s product(s), services, or the content of the
Advertiser’s copy, including without limitation any claim
alleging any violation of any third party’s intellectual
property rights; or (b) Advertiser’s breach of any of its
obligations, representations, or warranties under these
Terms and Conditions. MyDataBroker.com shall promptly
notify Advertiser in writing of any such claims and shall
accommodate Advertiser’s reasonable requests for cooperation
and information. MyDataBroker.com uses a variety of data
sources to fulfill data services, purchases, and email
campaigns. We have one of the industries largest in-house
opt-in email databases as well as several management and
affiliate relationships with several premier permission
based email marketers.
10. Confidentiality.
For a period of three (3) years, beginning on the date of
client signed Invoice, each party will keep strictly
confidential all Confidential Information disclosed by the
other party, except to the extent of applicable governmental
law, order, decree, regulation, rule, or process requires
disclosure. In the event of such required disclosure, the
receiving party shall provide written notice thereof to the
disclosing party as soon as reasonably possible, and shall
reasonably cooperate with the disclosing party in resisting
the disclosure of or obtaining confidential treatment for
such Confidential Information.
11. Tracking and
Reporting Inspections (For CPA, CPS, and CPL order… not
CPM)
Client shall keep, in its usual place of business, books of
accounts and other documents relating to its receipt and
fulfillment of Acquisitions that may be necessary or proper
to conveniently ascertain the amounts payable to MyDataBroker.com under the terms of this Agreement. Client
shall permit an MyDataBroker.com authorized representative
to inspect such books of accounts and other documents during
regular business hours from MyDataBroker.com. Such
inspection shall be at MyDataBroker.com's sole expense,
unless the inspection reveals that the amounts due
MyDataBroker.com exceed the amounts actually reported as due
by Client (“Discrepancy”) by five percent (5%) or more, in
which case Client shall pay to MyDataBroker.com the costs of
the inspection revealing the Discrepancy. For any
Discrepancy, Client shall pay to MyDataBroker.com the full
amount of the underpayment together with all cost involved
with arranging and performing inspection.
12. WARRANTIES
MyDataBroker.com MAKES NO WARRANTY WHATSOEVER AS TO THE
EMAIL ADVERTISEMENTS, EXPRESSED OR IMPLIED. THIRD PARTIES
PROVIDE THE EMAIL ADVERTISEMENTS ON AN “AS IS” BASIS. MyDataBroker.com EXPRESSLY DISCLAIMS ANY WARRANTIES THAT
COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY,
COMPLETENESS, RELIABILITY OR PERFORMANCE OR ARISING FROM
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL MyDataBroker.com BE LIABLE FOR
INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE LOSS, DAMAGE OR EXPENSE (INCLUDING LOST PROFITS.
THE LIMIT OF MyDataBroker.com’s LIABILITY (WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY
STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO
THESE TERMS AND CONDITIONS SHALL NOT IN THE AGGREGATE EXCEED
THE FEES PAID TO MyDataBroker.com UNDER THE INVOICE.
14. Force Majeure
Neither party shall be liable for delays or
non-performance of these Terms and Conditions caused by
strike, fire or accidents, nor shall either party be liable
for delay or non-performance caused by lack of availability
of materials, fuel or utilities, or for any other cause
beyond its control.
15. Assignment
Neither party may assign its rights or obligations under
these Terms and Conditions without the prior written consent
of the other party.
16. Relationship of the Parties
The parties are independent contracting entities, and
there is no partnership or agency relationship between them.
17. Entire Agreement
Except as modified or supplemented by a writing executed
by both parties, the Terms
and Conditions described herein
and in the attached invoice, incorporated by reference
herein, are the only representations, warranties, and
understandings between the parties with respect to the
products and/or services described herein.
18. Disputes
a) The law of the State of Florida shall apply to any
resulting claim or action, and the exclusive jurisdiction
and venue for any proceeding brought pursuant to these Terms
and Conditions shall be Broward County, Florida.
b)
Client further agrees not to dispute any Credit Card transactions
with MyDataBoker.com, Inc. without giving written notice of
intention and opportunity for resolution at least 10
business days prior to initiating dispute with their
creditor.
19. Severability
Should any provisions of these Terms and Conditions be
found invalid or unenforceable, all such provisions are to
be enforced to the maximum extent permitted by law, and
beyond such extent shall be deemed severed from these Terms
and Conditions without affecting the validity or
enforceability of any other provision
20. Headings
The headings of these Terms and Conditions are for
convenience only and shall not be used to construe the
meaning of this Agreement.
21.
Telemarketing List Terms
If you are
purchasing data from MyDataBroker.com, Inc. for the purpose
of telemarketing, you will need to be in compliance with the
U.S. Governments National Do Not Call Registry. To
make sure you are in compliance you will need to register
and follow the instructions at the government site here
https://telemarketing.donotcall.gov
*
MyDataBroker.com,
Inc. will be happy to scrub your list purchase using your
Subscription Account Number (SANS) to the registry. If
you use any phone data from MyDataBroker.com provided lists
without first providing your SANS to MyDataBroker.com, you
will be solely responsible for ALL liabilities associated
with Do Not Call Registry compliance.
22. No Invoice
Alterations
Alterations made to the
invoice that directly conflict with the invoice detail
and/or these terms and conditions will be considered null
and void and the original invoice and these terms will
remain in full authority. If you have special needs
with regards to the details of the invoice, please consult
with your account representative to authorize changes.
The Following
Terms are additional Terms for Email Appending
Customer Database has been lawfully collected
and compiled from consumers pursuant to a notice that
advised them that their personal data was being collected.
Client has the full right and authority to
deliver the Customer Database to MyDataBroker.com, Inc.
Client's communications to Customer Database,
shall not violate Client's privacy policy, terms of service
for its Customers, or MyDataBroker.com, Inc.the privacy
rights of Client's Customers.
Client is the owner of the Customer Database,
and has full title and rights to the Customer Database.
Each record in the Customer Database is an
actual customer of the Client and specifically not a
prospect.
Client is not bound by any contract or
agreement of any kind that conflicts with the terms of this
Agreement.
The Customer Database complies and shall
comply with applicable local, state and federal
laws/regulations, and all applicable Federal Trade
Commission regulations and/or opinions.
The data appended to the Customer Database by
MyDataBroker.com, Inc. shall be used by Client only. Client
shall use such data for Client's customer marketing and
management purposes only and Client shall not transfer
possession, right, or title of or to such data for any other
purpose whatsoever.
Any "Confirmed" bounces returned to
MyDataBroker.com, Inc. within 30 days of delivery to the
client, will result in a credit for additional
MyDataBroker.com, Inc. services equal to the value of the
returned records that have been confirmed by
MyDataBroker.com, Inc. multiplied by the per records amount
charged to the client.
Client understands and agrees that Client
shall indemnify MyDataBroker.com, Inc. for all damages
related to any breach of these representations and
warranties as set forth in the above referenced Terms and
Conditions.
Client will have sixty (60) days from date of
delivery from MyDataBroker.com, Inc. to return any email
address deemed undeliverable. MyDataBroker.com, Inc. will
replace that appended email address within thirty (30) days
of receipt of any such emails from Client. Should
MyDataBroker.com, Inc. not be in a position to replace said
undeliverable appended email address with
a valid email address, an in-kind credit may
be given for other append or email services that
MyDataBroker.com, Inc. offers, but under no circumstance
shall a refund or credit of monies be given to client.
Due to the natural attrition of data, all
data verified as undeliverable and returned to
MyDataBroker.com, Inc. within 3 business days
will be replaced with new data by
MyDataBroker.com, Inc. at no additional cost to the
customer. If no valid replacements can be supplied, the
client will receive a company credit. All data deemed
undeliverable by the client must be returned directly to
MyDataBroker.com, Inc. at returns@mydatabroker.com to verify
such undeliverability.
All data utilized or acquired is the property
of MyDataBroker.com, Inc.
If you have any questions, feel free
to call us toll free at:
800-996-8386
MyDataBroker.com offers
Business Email Lists, Consumer Email Lists and Marketing
Services, Buy Email Lists |
