Terms and Conditions: Warranty and Remedies. Xperience warrants that the Data be as current, accurate and complete as may be achieved using the source data and data processing methods normally employed by Xperience and it’s data partners in the ordinary course of its business; provided, however, the Data and the Xperience Services are not warranted as being error free. THE FOREGOING IS A LIMITED WARRANTY AND XPERIENCE, LATIN XPERIENCE MAKES AND CLIENT RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.

Manner of Use: Client agrees that it will use the data in accordance with all federal, state and local laws applicable and relevant to Direct Marketing Associations Guidelines. The data shall not be duplicated, retained or reused for any other purpose. The data may not be used to enhance a file or list owned by any third party, to develop any list, or to prepare, publish or maintain any directory. Xperience and the CLIENT hereby declare that in the carrying out of its activities they comply, in all cases, with any obligations under European law on the protection of personal data and its automated treatment, and demands and verifies, in the case of possible interventions by third parties (personalizers, manipulators of personalized deliveries), their compliance with said obligations.

Client Obligations: The CLIENT agrees and warrants that he has no reason to believe that the legislation applicable to him prevents him from fulfilling his obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the guarantees provided by the Clauses, he will notify the change to Xperience. The obligations of the CLIENT with relation to the data and information provided by Xperience, are as follows:
To Use them solely for the purposes ser out in the order form.

Not disclose, assign, rent nor let them be available to third parties, directly or indirectly, partly or fully, against payment or free of charge. Are understood included within third parties any company, either affiliates, joint companies, partly-owned, etc. juridical or economically linked to the CLIENT.

To destroy or send back the support/s, once it/they has/have been used or the period for using them stated in the order form ended.

To update them when Xperience notifies him that it is necessary to do it, which shall occur when a user exercises his right to amend or cancel.

To notify Xperiennce the data (at least name and full address) of the data subjects who are willing to cancel or amend some of their data and only notified it to the CLIENT. If he requires appointing a company rendering processing services (i.e. of personalization or mail distribution), Xperience allows the delivery of the file to such company, although in an agreement at least the obligations included in Art. 12 of the LOPD shall be stated.

Not to reproduce them, neither free of charge or against payment.

Not to reuse them beyond the use/s agreed upon herein, except when a right to use has been acquired on a telephone address. In this case, the address can be reused as many times it is required for obtaining a reply from the consumer.

To process the personal data in accordance with the mandatory data protection principles and to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Having regard to the state of the art and the cost of their implementation, such measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected.

To deal promptly and properly with all reasonable inquiries from Latin Xperience, or the data subject relating to his processing of the personal data and to cooperate with the competent supervisory authority in the course of all its inquiries and abide by the advice of the supervisory authority with regard to the processing of the data.

Not to collect any data from the data subjects included in the data base.

Limitation of Liability. Xperience’s liability for any claim, regardless of the form of action, whether in contract, tort or negligence, for any damages resulting from or in any manner connected with the Data or Xperience Services, shall be limited to the lesser of (i) Client’s actual direct damages related thereto, or (ii) the amount of the fees paid by client for the Data or Xperience Services which are in error. In no event shall Xperience be liable for any other damages whether indirect, incidental, special or consequential including, but not limited to, lost business and lost profits, whether foreseeable or not, even if advised of the possibility of such damages.

Indemnity. Client agrees to indemnify and hold Xperience harmless from and against any claim made by any third party which arises from or is in any way connected with the use of any Data, or the performance of any services by client. The obligations of client under this Section shall survive any termination of this Agreement.

Permitted Use of the Data. The Data may be used solely for one single mailing.

Seeding: All Data is seeded to detect any unauthorized use or duplication thereof.

Cancellation Charges: Cancellation charges include: $100.00 processing cancellation fee. $8.00/M run charge for records processed, and all customer formatting and data processing changes fees, if applicable.

Acceptance and Delivery: The order is conditional on Xperience acceptance. The amount of information to be delivered to the CLIENT will depend on the potential of the selection present in the data base at the date of the order and not at the date of the initial offer. The CLIENT shall state in the order form the address for delivery. Xperience may claim from the CLIENT that this later bears the costs arising from a mistake of delivery attributable to an action or omission of this later. In all cases, the risk of loss or damage shall be understood as transferred to the CLIENT from the moment when the delivery takes place. In no case will a late delivery give rise to an indemnity for damages. Should a late delivery of an order be due to a case of force majeure, the CLIENT may not annul it. Considered as force majeure, inter alia, for this purpose strike or temporary unavailability of the computer system.

Xperience & CAN-SPAM Act Compliance Notice to our Customers, Advertisers, Agencies Affiliates, Partners and Others. The CAN-Spam Act introduced to the congress on 2003 was signed by the President on Dec, 16 2003. It went into effect on January 1, 2004.

Xperience welcomes the new Federal Legislation and we ensure our full compliance to the Act. Furthermore, we are taking action to ensure that our clients, affiliates, partners or other parties that work with us, are also in full compliance with the new law.

Please find below the link to the document for the CAN-SPAM Legislation:http://www.spamlaws.com/federal/108s877.html

Summary of Requirements for all commercial e-mails:

• Must provide a clear and conspicuous notice of the opportunity to opt-out.
• Must provide a functioning opt-out.

• Internet Based.
• Must work and continue to work 30 days after transmission.
• Opt outs must be removed within 10 days.

• Must provide a valid physical postal address of the sender.
• Must use a valid header.

• No materially false or misleading headers.
• No false pretenses.
• Must have an accurate From Line.
• No False identification of the computer used.

• Must use a valid subject line. It can not knowingly be misleading or false.

Furthermore, this new legislation prohibits a number of fraudulent practices that Xperience will not tolerate, endorsed or practiced. Xperience’s efforts to comply with this legislation, forbids any relationship with any partner or marketer that transmits email messages that:

• Uses any computer without authorization, or intentionally initiates the transmission of multiple commercial electronic mail messages from or through such a computer.
• Uses scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit, or enable another person to transmit any email or knowingly uses any relay or retransmission of an email from a computer or computer network that has been accessed without authorization.
• Uses a computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages.
• Is accomplished through the intentional transmission from any electronic mail addresses or online user accounts, the registration of which were obtained using information that materially falsifies the identity of the actual registrant.
• Is accomplished through the intentional transmission from any Internet Protocol address, the access to which was obtained through a media affiliate’s false representation of itself to be the registrant or the legitimate successor in interest to the registrant of such Internet Protocol addresses.
• Uses any falsified or forged electronic mail transmission information or other routing information in any manner.

Xperience’s guidelines to ensure that all campaign/broadcasts are in full compliance with the CAN-SPAM legislation and to help us operate as efficiently as possible.

• As a Xperience marketer, broker or partner, you are 100% responsible for any offer that you market or re-broker to 3rd party mailers.
• You must comply with all federal laws, including the Federal CAN-SPAM Law and Federal and States that relate to state trespass, contract or tort laws as well as laws related to fraud or computer crime.
• All advertisements must use a valid a non-deceptive subject line.
• All messages must contain a valid physical postal address from the marketer.
• All marketers need to provide us with their list of opt-out no less than 2 days before the campaign is scheduled to broadcast.
• As a Xperience client, partner, agency, affiliate, you agree to indemnify and hold Xperience and Xperience officers harmless from any and all claims, suits or liabilities arising as a results of any errors, omissions, negligence or violations of the law on your part or any of your affiliates, clients or associates.

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