EXTENDED RENTAL AGREEMENT FOR POLITICAL USE OF “TVC MASTERFILE” MAILING LIST
1. ______________________________________________________ of the address ________________________________________________________________________ (“Renter”) desires to rent and use a list of certain names and data managed by American Mailing Lists Corporation, (“AMLC”). The Viguerie Company (“List Owner”) owns the TVC Masterfile. AMLC, as list manager for the TVC Masterfile, shall provide such select of names to the Renter under an extended but limited rental period for the fee set forth as part of this Agreement for the time period through November 4, 2014. For good and valuable consideration the parties agree as set forth below.
2. AMLC agrees that the list shall/may be used by Renter through November 4, 2014. Renter may use the list an unlimited number of times during that period for its own direct mail, email and telemarketing communications. Renter gets to keep the names of respondents and related donor data to its own communications to the list and own such names and data. However, Renter’s rights to use the list acquired from AMLC under this Agreement expire November 4, 2014.
3. Renter agrees that its principals, treasurer, employees, consultants and Agent(s) shall not duplicate, sell, rent, lease, exchange or in any way transfer the List Owner’s list in any way or on any medium, or use the data in any manner inconsistent with this Agreement or in violation of any state law or federal law, whether for consideration or not. This includes but is not limited to copying, renting, exchanging, lending or sharing the list, or using data on or from the list to enhance any other file(s), list(s) or database(s). Renter agrees that it shall be the exclusive user of the list. No local, county or state committee may share the list or portions thereof with any candidate or candidate committee, and no candidate or candidate committee shall share the list with any party committee.
4. Renter agrees that it and its Agent(s) shall erase the list provided by the List Owner via AMLC, and any and all copies, upon expiration of the term of the rental period (November 4th, 2014), and provide confirmation of such in writing to AMLC with date of erasure upon AMLC’s request.
5. Renter agrees that the list is the sole property of the List Owner, and also acknowledges and agrees that the use of the list will be monitored by various means, including the use of decoy names. Renter acknowledges that it has read, understands and will comply with the [OTHER TERMS AND CONDITIONS].
6. In the event of misuse of the list, the List Owner will be entitled to recover as liquidated damages a sum equal to ten times the invoice, any actual damages, and reasonable attorney fees incurred in recovering the damages and/or enforcing this Agreement, and Renter agrees that List Owner and AMLC may seek relief and damages at equity, including injunctive and other equitable relief.
7. This Agreement shall be construed under the laws of Virginia. Renter irrevocably consents to jurisdiction in the Commonwealth of Virginia. This Agreement is binding on the Renter, the Renter’s committee, its treasurer and any individuals or Agent(s) that are provided access to the list. Renter agrees that its usage of the list will comply with all federal and state laws. Renter agrees to indemnify and compensate AMLC and the List Owner for any damages, including reasonable attorney fees, at law or equity caused by Renter, its principals, treasurer, employees, consultants and Agent(s).
Seen, agreed and accepted this ___ day of ________________, 2014:
For Renter : __________________________ Print name: _________________________
Renter’s Treasurer: ___________________________ Print name: _______________________
Name and Address of Renter: ____________________________________________________
ADDITIONAL TERMS AND CONDITIONS
FOR EXTENDED RENTAL AGREEMENT FOR POLITICAL
USE OF “TVC MASTERFILE” MAILING LIST
Renter agrees that it will use the list only for its own communications, and for no other purpose. This is not a sale, but an extended rental that expires November 4, 2014. The person who has acted to obtain the list is an authorized principal or agent of the Renter. The rights extended to Renter under this this Agreement are nontransferable. Renter acquires no ownership interest in the list, but may keep the names and data of respondents to mailings, emails, telephone calls or other communications made by Renter as its own.
Renter warrants that it is and has been truthful in its representations used to obtain the list, and warrants and represents it is not in the business of renting, licensing, selling, reselling, or creating lists and/or databases for business or commercial purposes.
AMLC and List Owner (collectively, “List Provider”) reserves the right at any time to add or withdraw products. List Provider provides the list “as is,” and make no warranties of any kind, whether express or implied. Renter acknowledges that the list has not been run against any “do not call” lists, and that it is Renter’s obligation for compliance of any laws regulating calls to names on the list.
Renter acknowledges that it is independently aware of regulation laws governing the solicitation and reporting of contributions. Renter acknowledges that it has not relied on any advice of the List Provider, and agrees that List Provider will not be liable of any loss, damage or injury caused in whole or in part by List Provider’s providing the list. Renter waives any and all claims against the List Provider arising out of this transaction. No damages sought by or awarded to Renter from List Provider ever may exceed what Renter paid List Provider. Renter acknowledges that List Provider is not an agent or fiduciary for Renter.
Renter acknowledges that charges are exclusive of sales, use or other taxes, and it is Renter’s obligation to pay such taxes if and where applicable.
Renter acknowledges that certain names and data provided may be seeds (aka, salt or decoy names), i.e., not real donors.