WATERLOW DIRECT MARKETING
DATAFEED AGREEMENT
In this Agreement;
‘List Owner’ means Waterlow Direct Marketing (WDM), a division of Wilmington Group plc or a third party for whom WDM is acting as an agent.
‘List Renter’ means any party to whom the List Owner agrees to supply any Mailing List.
‘Mailing List’ means all information and material forming the subject of this Agreement between the List Owner and the List Renter, including but not limited to all data, address lists, telemarketing lists, labels, magnetic media and all other media and their contents.
Schedule of Datafeed
| List Renter |
|
| Commencement Date: |
|
| Term: |
12 months from the Commencement Date |
| Description of data provided: |
|
| Frequency of update: |
The data will be re-supplied every 3 months during the Term |
| Permitted Use: |
Each name may be used for a maximum of four mailings. All mailing pieces/telemarketing scripts are subject to prior approval by the list owner. |
| Order Value and payment schedule: |
£ + VAT will be invoiced upon signature of this agreement, payable 30 days after the date of invoice. |
- The List Owner has the right to decline any order or to refuse to supply any Mailing List to any List Renter in its absolute discretion and without explanation. The acceptance of any order or the supply of any Mailing List to any List Renter shall not in any circumstances confer any right for the List Renter to be supplied in
the future with the same, or any other Mailing List on the same or similar terms, or at all.
- Any Mailing List supplied by the List Owner to the List Renter shall be used only for the Permitted Use detailed above. All mailing materials or telemarketing scripts must be submitted to, and approved in writing by, the List Owner prior to the commencement of any mailing or telemarketing campaign by the List Renter. The List Renter shall indemnify the List Owner against any loss, damage, or expense which the List Owner may incur as a direct or indirect consequences of the use by the List
Renter of any Mailing Lists or of any breach of this condition. If the use of any Mailing List during the Term exceeds that specified in the Permitted Use then the List Owner will invoice the List Renter for a further amount equal to the total Order Value above for any such excess mailing.
- The List Renter warrants that any use by it of any Mailing List will comply in all respects with all applicable Data Protection legislation and any other applicable Act of Parliament or statutory instrument and with all published codes of practice applicable to the List Renter, including (without limitation) the British Code of Advertising Practice and Direct Marketing Association Code of Practice. No Mailing List may be used for illegal purpose, including the mailing of obscene or libellous
material.
- The List Renter shall not duplicate or reproduce all or any part of the Mailing List, save insofar as may be absolutely necessary for the Permitted Use of the Mailing List, and any duplicates or reproductions made shall be returned to the List Owner for destruction immediately upon expiry of the Term of this Agreement.
- The List Renter acknowledges that the Mailing Lists constitute confidential business information, and are the property of the List Owner.
- The List Renter acknowledges that any use of Mailing Lists for the compilation of databases or circulation lists is strictly prohibited. The List Renter acknowledges that they will not capture any data relating to any entry on the Mailing Lists save for the details of any such entry where they become a bona fide paying customer in response to a campaign run in accordance with the Permitted Use.
- The List Renter shall not disclose or communicate all or any part of the Mailing List to any person (other than to such of its officers or employees whose position makes it necessary to receive such disclose or communication for the purpose of the Permitted Use of the Mailing List) and shall ensure that no disclosure or communication is made by any of its officers or employees. The List Renter specifically understands and acknowledges that each mailing will be monitored to prevent
improper or unauthorised use by ‘seeding` by a combination of one or more methods of planted or varied names and addresses. Such copyright, database right and all other intellectual property rights as may subsist in the Mailing List shall at all times remain vested in the List Owner.
- The List Renter acknowledges and enters all contracts on the basis that whilst the List Owner has used all reasonable endeavours to ensure the accuracy of names and addresses included in any Mailing List no warranty is given, whether express or implied, that any such names or addresses are accurate or complete and the List Owner shall not be liable for any error or shortage in any Mailing List or for any consequential loss, damage or expense. The List Owner shall not be liable for
any damage in transit, shortage of delivery or non-delivery of the Mailing Lists, unless notified in writing within 7 working days of the date of despatch.
- A cancellation fee of 50% of the total order value will be charged in the event of the order being cancelled before the data has been released by the List Owner. Cancellations will not be accepted once the data has been dispatched and no refund will be granted thereafter.
- Either party may terminate this Agreement by giving not less than 6 months written notice in advance. Such notice may not be issued prior to the end of the first 3 months of this Agreement. Does not apply for fixed term contract
- The construction, validity and performance of these Conditions shall be governed by English Law and each party hereto submits to the jurisdiction of the English courts.
I have read and agree to the above terms and conditions; Name_____________________________________________________
Position___________________________________________________
Company__________________________________________________
Signed_________________________Date____________________
