i. OIEM will provide clients professional solutions for all of their email marketing
needs.
ii. OIEM will provide clients with statistics and clicker "prospect" after the campaign
has been completed.
iii. OIEM will provide tracking reports with full statistics for each email marketing
campaign including emails delivered, opened, and clicked.
iv. Client provides mailer and landing web site.
v. "Unsubscribes" will be processed by OIEM.
2. FEES FOR SERVICES:
For each of the Products described above, the fee will be provided by OIEM and paid by
client at the time the service is ordered.
3. REFUND POLICY AND REPLACEMENT:
Due to the nature of our product, You agree and acknowledge that OIEM maintains a no
refund policy on all products and services offered. OIEM will replace all hard bounces of
emails that exceeds 75% when using OIEM's deployment services. OIEM does
not guarantee its data if deployed by your own service or an outsource deployment service. If You are
dissatisfied with any product or service offered by OIEM Your exclusive remedy is to
discontinue use of the service without refund of any kind whatsoever.
4. WARRANTIESdelivered
6. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless OIEM, its parents, subsidiaries,
affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates,
officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any
service offered by OIEM or Your violation of this Agreement, including without limitation,
claims or suits for libel, violation of rights of privacy or publicity, interference with property rights,
trespass, violations of Federal or State Law including but not limited to Can-Spam violations, copyright
infringement, trademark infringement, patent infringement or plagiarism. OIEM may, at its
sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You.
The assumption of such defense or control by OIEM, however, shall not excuse any of Your
indemnity obligations.
7. FORCE MAJEURE:
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or
accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of
materials, fuel or utilities or for any other cause beyond its control.
8. ASSIGNMENT:
Neither party may assign its rights or obligations under this Agreement without the prior written
consent of the other party.
9. RELATIONSHIP OF THE PARTIES:
The parties are independent contracting entities, and there is no partnership or agency relationship
between them. Further, You may not use the OIEM name in Your advertising or marketing as
the source of Your data without express written permission from OIEM.
10. INTENDED FOR USERS OVER 18:
OIEM web site is intended for use by individuals 18 years of age or older only.
11. ENTIRE AGREEMENT:
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions
described herein are the only representations, warranties, and understandings between the parties with
respect to the products and/or services described herein.
12. DISPUTES:
In the event of a dispute, You agree to attempt to resolve the dispute by contacting feedleadcalls@gmail.com prior to taking any other action. Failure to contact OIEM to attempt a dispute resolution
prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any
right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement
and Your use of the OIEM web site are governed by the laws of the State of Pennsylvania,
and the courts of general jurisdiction located within Allegheny County, Pennsylvania, will have exclusive
jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and
OIEM. In addition to the foregoing, in the event of any breach or violation of this
Agreement, OIEM shall be entitled to enforce all of its legal remedies for the breach or
wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory
damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These
remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise
due under Agreement.
13. SEVERABILITY:
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be
invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect
the validity of the remaining portions of Agreement and further agree to substitute for the invalid
provision a valid provision which most closely approximates the intent and economic effect of the invalid
provisions.
14. HEADINGS:
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of
this Agreement.
15. DATABASE PURCHASES AND LEGAL COMPLIANCE:
You agree that any use of this data will be in compliance with all applicable state and federal laws,
including, but not limited to, the CAN-SPAM Act of 2003, The Gramm-Leach Bliley Act, FTC Telephone Sales
Rules, and Your own privacy policies. If using this data to send e-mail messages, such compliance includes,
but is not limited to: (1) not using forged, false or misleading header information; (2) not using false or
misleading subject lines; (3) including the sender's physical address (not a P.O. box); (4) clearly
identifying the e-mail message as an advertisement; (5) providing an opt-out notice with a functioning
opt-out mechanism via e-mail or the Internet which is operational for at least 30 days after sending the
message; (6) honoring opt-out notices within 10 business days of receipt of each opt-out request; and (7)
for e-mail messages with sexually explicit material, including a warning in the subject line and requiring
an additional step to view the material after opening the message. If the use of this data includes making
telephone sales calls, such compliance includes, but is not limited to, scrubbing the list against
government Do Not Call lists. If reselling, sharing, renting or transferring this data, such compliance
includes, but is not limited to, not reselling, sharing, renting or transferring the e-mail addresses of
recipients who have opt-ed out of receiving e-mail messages. You agree not to sell, share, rent or transfer
this data to or with any person or entity which does not agree to use this data in compliance with all
applicable state and federal laws including, but not limited to, the CAN-SPAM Act of 2003, The Gramm-Leach
Bliley Act, FTC Telephone Sales Rules, and Your own privacy policies. You agree to indemnify Route 72, its
clients, owners, officers, partners, members, managers, employees, agents, subsidiaries, and their
respective successors and assigns, against any and all claims, damages, liabilities, costs and expenses
(including reasonable attorney's fees) arising from or related to Your breach or alleged breach, or the
breach or alleged breach of any person or entity to whom You may have sold the data, of the promises and
obligations herein.
16. PROTECTION OF DATA:
You agree to follow all applicable state and federal laws concerning the protection and use of personal
record data including but not limited to The Gramm-Leach Bliley Act and the FTC Telephone Sales Rules and
Your own data protection policies.
This Agreement was last revised on February 1, 2011.
