Market Edge Communications - Data Management and Fulfillment Terms of Service

Market Edge Communications, Inc.: Standard Data Management and Fulfillment Terms and Conditions

Updated: 1/01/03

An integral part of an advertising and marketing program is the response from published advertisements. The hospitality industry has historically been a major consumer of printing and postage in literature fulfillment. By tradition, consumers were use to “shopping” for travel by requesting brochures from anybody and everybody. In more than 90% of cases, a purchase was never culminated. With the growth of the Internet, brochure requests have diminished as consumers are better able to satisfy their immediate need for information online. However, the need to handle these leads efficiently and, above all, economically remains high.

Market Edge Communications, Inc.’s data management and marketing message fulfillment services are designed to allow the client of be free of the time constraints in compiling, decision-making, and message fulfillment required for each and every list.

The following are Standard Data Management and Fulfillment Services Terms and Condition of Service:

Data Management

1. Market Edge Communications, Inc. will receive, process, index, and store all response leads from any media source desired by the client. Upon an analysis of the data, Market Edge Communications, Inc. will choose the best names from which to mail a follow-up literature pieces. Based upon source and age of the list, Market Edge Communications, Inc. will assign a “value” to the list as a determinant for response and follow-up frequency. Market Edge Communications, Inc. will determine the best method to reply to the information request. In virtually all cases, it may be better to fulfill via email versus postal mailings.

2. The client acknowledges that Market Edge Communications, Inc. may choose the best timing of the mail pieces. In many cases, Market Edge Communications, Inc. may combine lead lists of the same client, and respond at a time more appropriate to the seasonal buying patterns. Additionally, with uncertainty in the age of the list as compiled by the media service, this strategy is valuable to conserving costs and avoiding unnecessary waste.

3. Typically, Market Edge Communications, Inc. will charge $.10 per name received for mailing lists received from or on behalf of the client. This charge is from data management services only. Fulfillment production and delivery charges will be billed separately.

4. By utilizing Market Edge Communications, Inc.’s services, the client acknowledges that the value to an advertising lead cannot be determined, and the extent of value in Market Edge Communications, Inc. data management and fulfillment services is the actual cost to Market Edge Communications, Inc. to produce the desired messages.

5. Client will indemnify, defend and hold harmless Market Edge Communications, Inc. and its employees, officers, directors and agents (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the mailing lists provided to Market Edge Communications, Inc., including any violation of any required service agreements and/or acceptable use policies.

Fulfillment Services

1. Market Edge Communications, Inc. will produce an email or postal-delivered response (“message”) to all final recipient lists based upon the best option available. Email will always be the preferred method of response.

2. At Market Edge Communications, Inc. discretion, and based upon the assigned value to the list, the list may receive multiple messages based upon seasonal or demographic buying patterns.

3. When printing services are determined, the need for and frequency of message alteration will be an important determinant. At Market Edge Communications, Inc.’s discretion, print-on-demand services may be employed if it is determined to be the most effective choice for message delivery.

4. If messages are undelivered, for whatever reason, after final billing by Market Edge Communications, Inc., then Market Edge Communications, Inc. will replace those impressions/messages with an equal number of impressions/messages from a future list. The delivery method will be solely at the discretion of Market Edge Communications, Inc.

Unless an exclusively negotiated Data Management and Fulfillment Services Terms and Condition of Service exists, by demonstrating intent to request said services and/or pay presented invoices for said services by Market Edge Communications, Inc., Client acknowledges and agrees to the Standard Data Management and Fulfillment Services Terms and Condition of Service. The Data Management and Fulfillment Services Terms and Condition of Service may be modified from time-to-time and Client signifies acceptance of terms via expressed approval to engage these services and via payment of presented invoices for work performed by Market Edge Communications, Inc.

Market Edge Communications, Inc. and Client acknowledge each party may desire to negotiate modification of specific terms stated below, and modification of any terms can only be made through a separate executed Data Management and Fulfillment Services Terms and Condition of Service agreement.

IN NO EVENT SHALL MARKET EDGE COMMUNICATIONS, INC. OR ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF MARKET EDGE COMMUNICATIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Market Edge Communications, Inc.’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the data management and fulfillment services which gave rise to such damages, losses and causes of actions during the 6-month period prior to the date the damage or loss occurred or the cause of action arose.