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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) which 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 (95%) 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.
8. GOVERNING LAW. This Agreement will be construed in accordance with
the substantive and procedural laws of the state of Iowa.
9. ENTIRE AGREEMENT. This is the entire agreement between the parties
and hereby supercedes all other agreements, negotiations, discussions or
advertising material related to the subject matter hereof.MASS2ONE, LLC.
Customer:
By______________________________ By _________________________
Title ____________________________ Title _______________________
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