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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

 

 
MyDataBroker.com is fully compliant with CAN-SPAM Act of 2003 © 2007 MyDataBroker.com. All Rights Reserved.
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