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BioEmail targeted email and BioAddress postal lists and delivery service - Rental AgreementUpdated: 10th March 2008 Biotechnology, Pharmaceutical and Life Science Email and Postal addresses for rentalPLEASE PRINT A COPY This Agreement is between BioPortfolio Limited (the “Broker”) and the purchaser of the List (the “Customer”). The Customer wishes to rent an email, postal or telephone contact / mailing list consisting of email or postal addresses or telephone numbers from BioPortfolio's suppliers (the "List Supplier(s)"). These List Supplier(s) have developed proprietary email, postal and telephone databases (the “Lists”) in order to permit distribution or contacting of third parties in respect of email, mailing or telephone calling of promotional materials such as product literature, event announcements, newsletters etc (the “Mailing”) to contact telephone numbers, email or postal addresses selected from the Lists. BioPortfolio as the Broker for the List Supplier wishes to rent the Lists to the Customer on behalf of the List Supplier. Details on the List Supplier will be made available following receipt of payment from the Customer. In consideration of the mutual promises set forth herein, the parties agree as follows with respect to the rental of the List(s): 1. The List is furnished to the Customer for one-time use only unless agreed prior to initial delivery. The List may not be reused, copied or duplicated in any fashion. The Customer will take reasonable precautions to see that this requirement is met and assumes all liability for damages associated with any violation. 2. Prepayment is necessary on all first orders. For subsequent orders the Customer agrees to pay to BioPortfolio the amount invoiced for rental of each List within (14) days of Customer’s receipt of BioPortfolio’s invoice. 3. The purchased List contains unique, proprietary information, and is the sole and exclusive property of the List Supplier. The List Supplier reserves all rights to each List, and nothing contained in this Agreement transfers or assigns any proprietary rights to the List from BioPortfolio or the List Supplier to the Customer. 4. Customer shall not release, copy, alter, assign, transfer, sell or extract data from the List for any purpose, and shall not publish the List or any portion of the List in any form. Customer shall not use the List for solicitation of any kind, solicitation of funds, or data collection. 5. All Lists are monitored for unauthorized usage. Customers that reuse a List without prior consent will be subjected to penalties and may lose their right to future rentals. Penalties will include the full purchase price of the List plus a flat penalty fee of $2,000.00 for each occurrence. 6. At the time the Customer requests the List, the Customer shall submit to BioPortfolio for its review and approval, a complete copy of the Mailing which the Customer plans to distribute (“the Mailing Content”) to addresses on the List. If the Customer fails to submit a complete copy of Mailing Content to BioPortfolio, the List will not be released to Customer. 7. Without the express written permission of BioPortfolio, the Customer a. purport in any way to represent BioPortfolio or the List Supplier in any Mailing8. The Customer when using the List will ensure that they abide by all national, state and federal regulations is respect of email and postal Mailing and the Mailing Content. The Customer shall indemnify and hold harmless BioPortfolio and the List Supplier against any claim, damage, expense, liability, or obligation incurred by reason of use of the List. 9. BioPortfolio reserves the right to deny rental of List to any entity, with or without cause. 10. The Customer understands that the List counts vary daily due to ongoing list maintenance and that some email, postal and telephone addresses become non-viable due to individuals changing employer, changes in domain names, SPAM filters and other similar reasons associated with the internet. BioPortfolio therefore assumes no liability if the counts ordered or the utility of the List differ from the actual counts received. In addition BioPortfolio cannot guarantee the accuracy of the mailing addresses or telephone and fax numbers as individuals and organizations change their contact details on a regular basis. The Customer agrees that by using the LIST they do so on their own volition and accept all costs associated with returned mail and telephone calls. |
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