DMIA Mailing List Rental Contract Purchaser's Name: _________________________________ Company Name: __________________________________ Address: _________________________________________ E-mail: __________________________________________
Insert Company Name: ___________________________________("Licensee") has requested a license to use Document Management Industries Association's (known as DMIA here after) proprietary mailing list of names and addresses of DMIA members (the "Mailing List") for limited purposes pursuant to the terms of this Letter Agreement, and DMIA is willing to grant such license. Intending to be legally bound, Licensee and DMIA agree as follows: 1. Any Mailing List furnished and licensed pursuant to this Agreement, whether in hard copy or electronic format, ("Licensed List") shall be the subject of a DMIA-supplied "Order Form" which shall be submitted to DMIA by Licensee and shall not be effective until accepted by DMIA in its sole discretion. In the event Licensee makes subsequent requests for Licensed Lists, each must be the subject of a separate Order Form. DMIA may at any time and for any reason deny a request by Licensee for a Mailing List. Each request, if accepted by DMIA, constitutes a separate license and shall be attached to and made a part of this agreement. 2. DMIA hereby grants Licensee a limited personal, nontransferable, nonexclusive license to use the Licensed List for a single, one time mailing which is germane to the interests of DMIA members and which does not, in the sole opinion of DMIA, tend to mislead, misinform or deceive or which may be distasteful in content or presentation. Licensee's mailing pursuant to this license must be completed within six (6) months from DMIA's sending of the Licensed List to Licensee or such license shall automatically expire. 3. Prior to use of the Licensed List, Licensee shall provide DMIA with a statement of purpose and sample materials that will be mailed using the Licensed List ("Mailing Materials"). DMIA, in its sole discretion, may decline to approve any part of or all of such matter for mailing. 4. This mailing list is for direct mail purposes only. Licensee agrees that it will not use the Mailing List in mailing periodicals, soliciting franchises, or mailing surveys. Telemarketing to the persons on this list is EXPRESSLY PROHIBITED unless approved by DMIA. 5. Licensee shall: (a) not copy or otherwise reproduce the Licensed List; and (b) not at any time assign or otherwise permit the Licensed List to pass into the hands of any other party, except an independent agent acting for the Licensee pursuant to this Agreement ("Mail House"). Any prohibited use by Licensee or agent acting for the Licensee shall constitute a material breach of this Agreement. 6. Licensee understands that the confidentiality of the Licensed List and the data contained within the Licensed List is of the utmost importance to DMIA. Licensee agrees that the Licensed List will not be rented, sold, or utilized by a person other than Licensee. Accordingly, the Licensee expressly agrees that it will not disclose or deliver to any person, party, firm, or corporation the Licensed List or the data contained within the list, other than to a Mail House, except as provided for in this Agreement or as expressly authorized by DMIA in writing. 7. If there is a violation of this Agreement, damages shall include a minimum of twice the amount of fees paid, in addition to injunctive relief and such other relief as is authorized by law, including reasonable attorney fees, court costs and expenses. 8. The fee for each Licensed List is as set forth by DMIA on the applicable Order Form. No cancellations will be accepted by DMIA after the Licensed List has been sent to the Licensee. If the cancellation notice is received prior to printing the Licensed List, there is no cancellation fee. If the cancellation notice is received after printing but before the Licensed List is provided to the Licensee, there is a cancellation fee equivalent to twenty percent (20%) of the total bill. 9. DMIA will make every effort, but will not be liable for failure to meet scheduled delivery/mailing dates or errors in production. 10. This Agreement: (a) may not be assigned by Licensee without the written consent of DMIA; (b) shall be binding upon and inure to the benefit of the parties' lawful successors and assigns; and (c) shall be governed by the laws of the Commonwealth of Virginia. 11. This Agreement is effective as of the latter of the two dates below and can be terminated at any time by either party. If you accept these terms, countersign in the indicated space below. |
| Date: The foregoing is agreed to and accepted: Licensee: __________________________ By: ________________________________ Name: ______________________________ Title: _______________________________ E-mail: _____________________________ Date: _______________________________ | Accepted by DMIA: DMIA Authorized Signature of Acceptance: Date: _______________________________ |