Terms and Service Agreement
You acknowledges that you shall not conduct marketing and promotional campaigns in a manner so as not to: promulgate advertising that is, in any way, false or misleading, misuse or misappropriate another party’s intellectual property and/or other third party rights of any kind, send obscene messages to any recipients, and to conduct illegal or immoral activities of any kind as per current, applicable law. You agree not to take any actions inconsistent with this policy, and to make your employees and agents aware of such policies in order to ensure compliance herewith.
I agree to correspond with Yellow Letters Complete in a timely manner and correspond to requests. If I do not respond to Yellow Letters Complete’s attempts to contact me within 5 business days, Yellow Letters Complete may proceed with my order using commercially reasonably means. I further acknowledge that Yellow Letters Complete assumes no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Yellow Letters Complete’s expected delivery date is not and cannot be guaranteed. The order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, holidays, etc. The order may also be delayed due to delays in getting the necessary steps of order processing done in a timely manner by the customer (approval of Proof, providing mailing list, providing correct contact information, and other unforeseen situations that may arise during the order process.)
If I am providing a mailing list to Yellow Letters Complete, I agree to provide all of the data necessary to use all of my Mail at the time I approve the Proof. If I do not provide all of the leads to Yellow Letters Complete within this timeframe, Yellow Letters Complete may, at their discretion, cancel any unused Mail remaining on the order without refund after 60 days.
Yellow Letters Complete is a Mail fulfillment service ONLY and is in no way responsible or liable for any actual or anticipated results from said mailings. Yellow Letters Complete does not give marketing or other advice but only provides a marketing solution. I am solely responsible for the content of my materials and any results of the mailer.
I understand that I will review and sign off for approval the Mail that will be mailed to my mailing list. I understand that no changes can be made once the Proof has been approved, even in the event that the phone number, email address, or fax number changes. I am fully aware that I may request a refund for the letter portion of my money up until the time my Proof is sent to me. All orders for leads are submitted immediately upon order, and as such refunds for leads are not possible. In the event of cancellation of the Mail portion of an order, I agree to pay costs incurred up to the time of cancellation with a minimum charge of 50% of the retail price of the Mail portion of the order. My payment for Mail is guaranteed.
Any correspondence in writing and suggesting approval of the Proof will be considered a Proof Approval. Once my Proof has been approved, all monies paid by me are not refundable under any circumstances. If I choose to purchase a mailing list from Yellow Letters Complete, I understand and accept that the list is not being compiled or provided by Yellow Letters Complete. They are only locating and offering the list as a service.
You shall indemnify, defend, and hold harmless Yellow Letters Complete, its parents, subsidiaries, and affiliated companies, and its and their respective employees, officers, directors, shareholders, and agents (each a “Yellow Letters Complete Indemnitee”) from and against any and all Loss incurred by a Yellow Letters Complete Indemnitee based upon or arising out of any third-party claim, allegation, demand, suit, or proceeding (each, a “Claim”) made or brought against any Yellow Letters Complete Indemnitee with respect to any products or services which Yellow Letters Complete prepared or performed for You hereunder to the extent that such Claim relates, in whole or substantial part, to: (i) the inaccuracy of any information supplied by You or your agents to Yellow Letters Complete including, without limitation, information concerning Your products and services, the products or services of Your competitors; (ii) the use of any marketing, branding, research, advertising, packaging, trademark, software, hardware or other materials, or components thereof, furnished by You or your agents to Yellow Letters Complete to be included in any materials or products; (iii) the use of any materials or data provided or created by Yellow Letters Complete.
EXCEPT AS SET FORTH IN THIS AGREEMENT, ALL SERVICES ARE PROVIDED on an “AS IS” and “AS AVAILABLE” basis, AND YELLOW LETTERS COMPLETE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL YELLOW LETTERS COMPLETE BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND/OR EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YELLOW LETTERS COMPLETE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE SUM OF THE FEES PAID BY YOU HEREUNDER. ANY CLAIMS MADE PURSUANT TO THIS SECTION MUST BE MADE WITHIN ONE YEAR OF THE INCIDENT TO WHICH THEY RELATE OR FOREVER BE BARRED.
If I purchase a lead list through Yellow Letters Complete, Yellow Letters Complete will use its best efforts to fulfill the filters requested, but no guarantee can be or will be made that there are enough of these leads in the zip codes or county provided to cover the order unless a count has been run. In such a case Yellow Letters Complete will provide leads that match the requested filters as closely as reasonably possible. The industry benchmark for undeliverable mail is 10%. Yellow Letters Complete makes no representation or warranty, express or implied, regarding the accuracy or completeness of data to be delivered, results to be obtained with the data, or that the list has been scrubbed against any regulatory or self-regulatory DNC Registry. You acknowledge that these data processes are inclusive and specific to the customer supplied database and are individually produced; therefore, they are not returnable or refundable. In the event of cancellation of a leads order, You agree to pay costs incurred up to the time of cancellation with a minimum charge of 75% of the retail price of the leads portion of the order. My payment for leads is guaranteed. Data is for list rental purposes only.
I agree that the only mailing I will send to the leads provided to me is the mailing Yellow Letters Complete prepares for me. If Yellow Letters Complete is not preparing a mailing for me, I agree to send a copy of my mailer to Yellow Letters Complete for their review and comment the only mailing or contact that I will initiate with these leads is mailing item I have given to Yellow Letters Complete. I will not sell or otherwise distribute this mailing list to any other party.
I agree that I will not inform these leads or their representatives that I purchased this list from Yellow Letters Complete in my letter, in conversations in person, over telephone, in email, or through any other means of communication. I further agree that I will not say anything presumptuous to these leads or their representatives either in my letter or in conversations with these leads or their representatives.
Yellow Letters Complete is not responsible for the accuracy of the list and will not be held responsible for the results from mailing to a list provided to Yellow Letters Complete including any errors, incorrect names, duplicates on the mailing list, or any other responsibility for the mailing list. It is my full responsibility to clean the mailing list before I deliver it to Yellow Letters Complete.
If I want to remove names from the list for the second, third, or any subsequent touch, I will compile the names/addresses to be removed and email the names/addresses to Yellow Letters Complete in one batch, one week prior to the scheduled mail date. I understand that only the first batch of removals I submit to Yellow Letters Complete will be removed for the next touch.