List Rental Agreement - Plan Bee Direct

• Your list will be sent in Excel format and include email addresses, full name, company names (where available), and job title.
• The emails can be used for up to one year after purchase. At the end of the one year period you will need to destroy the data, except for any people who have become clients or have opted-in to your email subscriptions. For these purposes, a contact is considered your client if you have had direct interaction with them (i.e. they have reached out to you beyond opening or clicking your emails).
• At the end of one year you can renew and rent a fresh email list. When you renew, you will have the option of supplying a list of the addresses who have become clients and the addresses that have opted out so they can be suppressed from the new list. Depending on the size of your list, there may be a suppression fee.
• Prepayment is required for released email lists.

• Be aware that well-known email broadcast services such as Constant Contact, MailChimp, MyEmma, etc. will not allow you to upload a rented third-party list. Make sure to read the terms & conditions of the broadcast service you use to ensure that they allow third-party rented lists before you sign up.
• You cannot paste the entire rented list into the to, cc, or bcc field of Outlook, Gmail, etc. (whichever email client you use). Doing a broadcast this way can cause your email account or entire domain to get blacklisted.
• You may send as many email blasts as you wish throughout the one-year period, keeping in mind best marketing practices to avoid getting flagged as spam or blacklisted.
• We expect deliverability to be in the 80-90% range. However, we do not offer a deliverability guarantee, since there are many factors that affect deliverability that are beyond our control, including corporate filters, ESP filters, content, etc. There are no refunds issued for undeliverable addresses.
• Since the records are not being updated during your one-year rental, you will most likely have a lower deliverable rate as the year progresses. Before each blast, be sure to remove any emails that bounce back with errors from the prior blast to avoid getting flagged by ISPs.
• If you attract the attention of ISPs and SpamHaus by broadcasting using the bcc field, sending blasts too frequently, and/or blasting repeatedly to outdated emails, they may block your domain, which will make it nearly impossible to email to the list and will cause difficulty reaching your own customers.
• A few general guidelines to keep in mind when creating your email creative: Do not send only images – be sure there is a mix of images and text. There must be a clear call-to-action – it should be very obvious where the recipient should click to get to the landing page on your website for more information, and that landing page should be specific to your offer. Be aware of holidays and other times (i.e., Friday at 5pm) that are not ideal for sending a commercial email.

• Purchasing a third-party list does not release the purchaser from following CAN-SPAM requirements. We have summarized the rules below, but considering each email found in violation of the rules is subject to penalties of up to $50,120, we strongly recommend that you read the Compliance Guide for Business on the Federal Trade Commission’s website here.
• Do not use false or misleading header information. The “from,” “to,” “reply-to,” originating domain name, and email address must be accurate and identify the person or business who initiated the message.
• Do not use deceptive subject lines.
• You must identify somewhere in the email clearly and conspicuously that it is an advertisement.
• Your valid postal address (street address or PO Box) must be somewhere in the email.
• On every email, there must be a clear and conspicuous method for opting out of receiving future emails from you either through an email address or a single webpage. You can create a menu to allow the recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these requests.
• You must honor a recipient’s opt-out request within 10 business days and be able to process opt-out requests for at least 30 days after you send your message. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single webpage as a condition for honoring an opt-out request. Once opted out, you cannot sell or transfer their email addresses except to transfer the address to a company you’ve hired to help you comply with the CAN-SPAM Act.

This agreement between Plan Bee Direct, LLC (Broker/Agent of List Owner) and (Mailer/End User/List Renter) is in reference to the rental of the referenced list, managed/brokered by Plan Bee Direct, LLC (PBD).

Mailer/End User/List Renter understands and agrees that the names and addresses provided are unique and valuable property of the list owner. Mailer/End User/List Renter further recognizes that they are renting the use of these names for a one‐time mailing only, unless otherwise specified below. The list rented will be monitored to prevent improper and unauthorized use. Unauthorized reuses will be billed at up to 10x the full shipped amount and will be due upon receipt.

Mailer/End User/List Renter guarantees that the list will not be copied or reproduced in any way, sold, or utilized by anyone other than the Mailer/End User/List Renter and that the List Owner/Manager shall be compensated for its use. None of the names or data will be transferred or integrated from the list to a house list. Telephone numbers and/or email addresses will not be appended by the Mailer/End User/List Renter as this list is strictly available for postal use. The use of the list name in any form is strictly prohibited, as is revealing where the names were obtained.

Mailer/End User/List Renter is permitted to perform a merge‐purge on these names solely for eliminating duplicate mailings in conjunction with that campaign. Any other use is prohibited and could be subject to penalties up to 10 times the list rental price.

Mailer/End User/List Renter is required to submit a copy of their offer, which represents the offer they are extending and is a true sample of same.

Cancellation Policy:

Mailing/Postal Lists: All cancellations must be made in writing prior to the posted mail date and are subject to a cancellation fee. Any cancellations after the posted mail date will not be honored.  A cancellation fee will be incurred if the order is cancelled after suppression of any list submitted by the Mailer/End User/List Renter.

Email Lists (Released to Mailer/End User/List Renter): Cancellations are not honored. All sales final.

Usage Terms:  One Year Unlimited Use

Payment Terms:

All costs will be approved by the Mailer/End User/List Renter in writing prior to production or shipment of any product. Prepayment is required. Plan Bee Direct and/or the list owner reserves the right to request prepayment on any order.  A purchase order is required for all invoiced orders.

Mailer/End User/List Renter hereby agrees that the above stated conditions are in effect for the full calendar year for the above referenced list and that these conditions apply to every order placed for the above referenced list within that calendar year unless your bonded lettershop has changed during that time. All third parties involved in the rental of this list will abide by the same regulations.

Mailer/End User/List Renter

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