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EMAIL
APPEND SERVICE AGREEMENT
THIS
AGREEMENT, dated this the ____ day of ________, 2003, by and between MASS2ONE,
LLC ("M2O"), an Iowa limited liability company, and ______________________,
a _______________________ (the "Customer"):
1. EMAIL APPEND. Customer will provide to M2O customer records consisting
of one or more of the following data attributes: contact name, business
name, street, city, state and zip, and a unique identification number for
each record (the "Customer Record(s)") for Email Append Services.
Additional data fields may be provided with each Customer Record to facilitate
the implementation of permission-based email marketing programs. Customer
Records should be in a text, tab delimited format and a record layout should
be provided for each file containing Customer Records.
2. EMAIL APPEND SERVICES. M2O, through its email append partner Naviant,
will compare the Customer Records and Email Addresses to Naviants
proprietary opt-in email database (the "Email Append Services").
The Customer Records and Email Addresses that are matched to Naviants
data (the "Matched Record(s)") will be returned with the matching
data to Customer for Customers ongoing future use.
3. INITIAL COMMUNICATION. M2O will work with Customer to develop
email message(s) that will be sent to all Matched Records by M2Os
Email Campaign Manager® software. M2O will only send one email message
per Matched Record. The reply email and bounced email data will be provided
to Customer.
4. CONFIDENTIALITY. The Customer Records, the Email Addresses, the
Matched Records and all other information (collectively, the "Confidential
Information") submitted by Customer to M2O and to Naviant will remain
confidential and M2O and Naviant will not retain or integrate into their
own databases the Confidential Information.
5. FEES. Customer will pay to M2O $0.60 for each Customer Record
that results in a Matched Record that is deliverable. Prior to M2O conducting
Email Append Services, Customer will make a down-payment of 5% of the total
estimated fees based on the total number of Customer Records submitted.
The remaining balance is payable prior to M2O returning the Matched Records
database to Customer. In the event that the 5% down-payment exceeds the
total cost, M2O will refund any monies due at the time the Matched Records
database is returned to Customer.
6. WARRANTY. M2O makes no warranty and hereby disclaims all express
or implied warranties, including the implied warranties of merchantability,
fitness for a particular purpose, correctness, quality, accuracy, completeness
or reliability, for any service provided hereunder.
7. LIMITATION OF LIABILITY. In no event shall M2O be liable for
direct, indirect, special, exemplary, consequential, incidental, or punitive
damage or loss for any claim or cause of action related to or arising out
of this Agreement or the services performed hereunder.
By______________________________ By _________________________
Title ____________________________ Title _______________________
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