Terms and Conditions: Data Sales/Rentals
Copyright 2011 Sachs Strategies, LLC. All rights reserved.
Web Hosting by Yahoo!
9141 Reisterstown Road, #40 Owings Mills, MD 21117
ph: (410) 404-8413
info@sachstrategies.co
Web Hosting by Yahoo!
9141 Reisterstown Road, #40 Owings Mills, MD 21117
ph: (410) 404-8413
info@sachstrategies.co
Terms
1. Copy Approval
Advertiser must deliver to Sachs Strategies, LLC. (“SSLLC”) the content of the advertisement Advertiser is
contracting SSLLC to broadcast (the “Copy”) no less than three (3) days prior to the desired email broadcast
date. If SSLLC is not given three (3) days notice of approval for broadcast, SSLLC will not be responsible for a
broadcast going out later then clients desired broadcast date or time. No refunds or rebroadcasts will be
issued. SSLLC requires a email, fax, or postal confirmation for broadcast approvals from client. All Copy shall
be subject to SSLLC approval. SSLLC reserves the right to reject any Copy that advertises or promotes any
product or service involving illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia,
adult films or other media, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of
material. By reserving this right, SSLLC shall not be legally obligated for any failure to advise the nature of any
such Copy.
2. Details of Broadcast and Service
Any email or mobile messages broadcast by SSLLC shall identify the source of the recipient's data collection
and shall contain an opt-out feature that allows the recipient to electronically communicate his desire to be
removed from the SSLLC (or affiliate) database. Client gives SSLLC permission to drive traffic to desired
website and or landing pages provided by client using owned, rented, or third party data. SSLLC also reserves
the right to fix, change, or update the clients creative/ad if needed into any format needed for traffic and or
delivery. SSLLC will not be held responsible or liable for any unsatisfactory results or data sent by its staff,
partners, or outsource company. If a client cancels a campaign or invoice after testing process has begun,
client is subject to pay up to 18% of total invoice.
3. Hardware, Software, Tracking, and Database
SSLLC shall obtain and maintain the computer hardware and software necessary to perform its obligations
under these Terms and Conditions. Such hardware and software shall not be dedicated hardware or software.
Nothing in these Terms and Conditions shall grant any right, title or interest in or to the SSLLC (or affiliate)
database, hardware or software. All data is self reported including email data, postal data, phone data, and all
selects and information fields. Client acknowledges that SSLLC will not be held responsible for false information
reported, accuracy of data, non deliverables, and any tracking discrepancies of all data or broadcast.
4. Payment
Advertiser shall pay in full the fees charged by SSLLC on the invoice by the date due.
a. If advertiser is doing an email campaign, payment is due before the broadcast.
b. If advertiser is using SSLLC for HTML creative design, payment is due before any work is done.
c. Terms must be approved by Management and is subject to credit check.
SSLLC does not offer refund of any type (see LIMITATION OF LIABILITY). If Advertiser fails to pay the full
amount of the charges detailed in any SSLLC invoice within thirty (30) days of such invoice, the unpaid
amounts of such invoice shall accrue interest at a rate of 18% per annum. Additionally, Advertiser agrees to
pay all of SSLLC’s cost of collection of such charges, including without limitation SSLLC reasonable attorneys'
fees if applicable.
5. Late Fees
In addition to the terms described in Section 4, if Advertiser fails to pay the full amount of the charges detailed
in any SSLLC invoice within thirty (30) days of such invoice, Advertiser shall pay SSLLC a Late Fee in the
amount of 18% of the charges detailed in such SSLLC invoice.
6. LIMITATION OF LIABILITY
SSLLC CAN NOT GUARENTEE RESULTS. IN NO EVENT SHALL SSLLC BE LIABLE FOR INDIRECT, SPECIAL,
EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE (INCLUDING
LOST PROFITS). THE LIMIT OF SSLLC’s LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO
THESE TERMS AND CONDITIONS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TO SSLLC
UNDER THE INVOICE.
7. Indemnification
Advertiser shall indemnify, defend and hold harmless SSLLC against all third party claims, actions and liabilities
(including all reasonable costs, expenses and attorneys' fees) arising from or in connection with (a)
Advertiser's product(s), services or the content of the Advertiser's copy, including without limitation any claim
alleging any violation of any third party's intellectual property rights; or (b) Advertiser's breach of any of its
obligations, representations or warranties under these Terms and Conditions. SSLLC shall promptly notify
Advertiser in writing of all such claims and shall accommodate Advertiser's reasonable requests for cooperation
and information.
8. WARRANTIES
SSLLC MAKES NO WARRANTY WHATSOEVER AS TO THE EMAIL ADVERTISEMENTS, EXPRESS OR
IMPLIED. THIRD PARTIES PROVIDE THE EMAIL ADVERTISEMENTS ON AN “AS IS” BASIS. SSLLC
EXPRESSLY DISCLAIMS ANY WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN
EQUITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR PERFORMANCE OR
ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
9. Force Majeure
Neither party shall be liable for delays or nonperformance of these Terms and Conditions 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.
10. Assignment
Neither party may assign its rights or obligations under these Terms and Conditions without the prior written
consent of the other party.
11. Relationship of the Parties
The parties are independent contracting entities, and there is no partnership or agency relationship between
them.
12. Entire Agreement
The Terms and Conditions described herein and in the invoice specifically incorporating these Terms and
Conditions are the only representations, warranties, and understandings between the parties with respect to
the products and/or services described herein. In the event of any conflict between these Terms and
Conditions and any other document (including, without limitation, the Invoice and any Advertiser invoice,
insertion order, or purchase order), the provisions of these Terms and Conditions shall govern. The waiver of
any right, breach, or default shall not constitute a waiver of any other right or of any subsequent breach or
default.
13. Disputes
Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these
Terms and Conditions. The law of the State of Maryland shall apply to any resulting claim or action, and the
exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be
held in Baltimore County, Maryland.
14. Severability
Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions
are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed
from these Terms and Conditions without affecting the validity or enforceability of any other provision
15. Headings
The headings of these Terms and Conditions are for convenience only and shall not be used to construe the
meaning of this Agreement.
1. Copy Approval
Advertiser must deliver to Sachs Strategies, LLC. (“SSLLC”) the content of the advertisement Advertiser is
contracting SSLLC to broadcast (the “Copy”) no less than three (3) days prior to the desired email broadcast
date. If SSLLC is not given three (3) days notice of approval for broadcast, SSLLC will not be responsible for a
broadcast going out later then clients desired broadcast date or time. No refunds or rebroadcasts will be
issued. SSLLC requires a email, fax, or postal confirmation for broadcast approvals from client. All Copy shall
be subject to SSLLC approval. SSLLC reserves the right to reject any Copy that advertises or promotes any
product or service involving illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia,
adult films or other media, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of
material. By reserving this right, SSLLC shall not be legally obligated for any failure to advise the nature of any
such Copy.
2. Details of Broadcast and Service
Any email or mobile messages broadcast by SSLLC shall identify the source of the recipient's data collection
and shall contain an opt-out feature that allows the recipient to electronically communicate his desire to be
removed from the SSLLC (or affiliate) database. Client gives SSLLC permission to drive traffic to desired
website and or landing pages provided by client using owned, rented, or third party data. SSLLC also reserves
the right to fix, change, or update the clients creative/ad if needed into any format needed for traffic and or
delivery. SSLLC will not be held responsible or liable for any unsatisfactory results or data sent by its staff,
partners, or outsource company. If a client cancels a campaign or invoice after testing process has begun,
client is subject to pay up to 18% of total invoice.
3. Hardware, Software, Tracking, and Database
SSLLC shall obtain and maintain the computer hardware and software necessary to perform its obligations
under these Terms and Conditions. Such hardware and software shall not be dedicated hardware or software.
Nothing in these Terms and Conditions shall grant any right, title or interest in or to the SSLLC (or affiliate)
database, hardware or software. All data is self reported including email data, postal data, phone data, and all
selects and information fields. Client acknowledges that SSLLC will not be held responsible for false information
reported, accuracy of data, non deliverables, and any tracking discrepancies of all data or broadcast.
4. Payment
Advertiser shall pay in full the fees charged by SSLLC on the invoice by the date due.
a. If advertiser is doing an email campaign, payment is due before the broadcast.
b. If advertiser is using SSLLC for HTML creative design, payment is due before any work is done.
c. Terms must be approved by Management and is subject to credit check.
SSLLC does not offer refund of any type (see LIMITATION OF LIABILITY). If Advertiser fails to pay the full
amount of the charges detailed in any SSLLC invoice within thirty (30) days of such invoice, the unpaid
amounts of such invoice shall accrue interest at a rate of 18% per annum. Additionally, Advertiser agrees to
pay all of SSLLC’s cost of collection of such charges, including without limitation SSLLC reasonable attorneys'
fees if applicable.
5. Late Fees
In addition to the terms described in Section 4, if Advertiser fails to pay the full amount of the charges detailed
in any SSLLC invoice within thirty (30) days of such invoice, Advertiser shall pay SSLLC a Late Fee in the
amount of 18% of the charges detailed in such SSLLC invoice.
6. LIMITATION OF LIABILITY
SSLLC CAN NOT GUARENTEE RESULTS. IN NO EVENT SHALL SSLLC BE LIABLE FOR INDIRECT, SPECIAL,
EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE (INCLUDING
LOST PROFITS). THE LIMIT OF SSLLC’s LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO
THESE TERMS AND CONDITIONS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TO SSLLC
UNDER THE INVOICE.
7. Indemnification
Advertiser shall indemnify, defend and hold harmless SSLLC against all third party claims, actions and liabilities
(including all reasonable costs, expenses and attorneys' fees) arising from or in connection with (a)
Advertiser's product(s), services or the content of the Advertiser's copy, including without limitation any claim
alleging any violation of any third party's intellectual property rights; or (b) Advertiser's breach of any of its
obligations, representations or warranties under these Terms and Conditions. SSLLC shall promptly notify
Advertiser in writing of all such claims and shall accommodate Advertiser's reasonable requests for cooperation
and information.
8. WARRANTIES
SSLLC MAKES NO WARRANTY WHATSOEVER AS TO THE EMAIL ADVERTISEMENTS, EXPRESS OR
IMPLIED. THIRD PARTIES PROVIDE THE EMAIL ADVERTISEMENTS ON AN “AS IS” BASIS. SSLLC
EXPRESSLY DISCLAIMS ANY WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN
EQUITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR PERFORMANCE OR
ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
9. Force Majeure
Neither party shall be liable for delays or nonperformance of these Terms and Conditions 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.
10. Assignment
Neither party may assign its rights or obligations under these Terms and Conditions without the prior written
consent of the other party.
11. Relationship of the Parties
The parties are independent contracting entities, and there is no partnership or agency relationship between
them.
12. Entire Agreement
The Terms and Conditions described herein and in the invoice specifically incorporating these Terms and
Conditions are the only representations, warranties, and understandings between the parties with respect to
the products and/or services described herein. In the event of any conflict between these Terms and
Conditions and any other document (including, without limitation, the Invoice and any Advertiser invoice,
insertion order, or purchase order), the provisions of these Terms and Conditions shall govern. The waiver of
any right, breach, or default shall not constitute a waiver of any other right or of any subsequent breach or
default.
13. Disputes
Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these
Terms and Conditions. The law of the State of Maryland shall apply to any resulting claim or action, and the
exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be
held in Baltimore County, Maryland.
14. Severability
Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions
are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed
from these Terms and Conditions without affecting the validity or enforceability of any other provision
15. Headings
The headings of these Terms and Conditions are for convenience only and shall not be used to construe the
meaning of this Agreement.