Each party shall perform all of its activities, obligations and responsibilities contemplated under
this Insertion Order in compliance, in all material respects, with all applicable legal
requirements.
Each party shall cooperate and work in good faith with one another in the performance of this
Insertion Order until the termination hereof
EIC. EIC shall retain sole and exclusive right, title, and interest in the Data and to all
applicable copyrights, trade secrets, trademarks, patents, and other intellectual and proprietary
rights in the Data. Advertiser shall have neither title nor other rights of ownership of the Data.
Notwithstanding the foregoing, in the event a consumer included in the Data completes a request for
information or completes an action resulting from an offer from Advertiser, then Advertiser will be
deemed to own any such record as a new record independent from the Data.
Once submitted by Advertiser to EIC, this Agreement is non-cancelable.
All rates are listed net amounts due to EIC. Any agency fees shall be in addition to the amounts
listed above. All accounts must be paid in full in advance except by express written agreement prior
to submission of this Insertion Order. Featured school profiles will be made live after receipt of
payment.
Advertiser hereby grants to EIC a limited, nonexclusive, non-transferable, royalty-free license,
effective throughout the Term, to use, display and publish the logos, trademarks and service marks
of Advertiser in connection with EIC’s activities related thereto.
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or joint venture
among EIC and Advertiser.
Except to the extent that this Agreement may be governed by Federal law, this Agreement shall be
governed by the laws of the State of Florida, without reference to its principles of conflict of
laws.
Each of the parties hereto agrees in no event shall any party have a remedy of, or be liable to the
other for: (1) indirect, special or consequential damages or (2) punitive or exemplary damages. Each
of the parties hereby expressly waives any right or claim to indirect, special, consequential,
punitive or exemplary damages they may have or which may arise in the future in connection with any
such proceeding, claim or controversy, whether the same is resolved by arbitration, mediation,
judicially or otherwise.
No Warranties/Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES, AND
EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS, LIABILITY OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, EACH PARTY SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE REVENUE
FROM OR SUCCESS OF THE CAMPAIGN.
Term
12 months, with automatic renewal each year.
Refund Policy
We work closely with each client to ensure that they make the best use of the services we offer. In
the unlikely event that any client is dissatisfied with the service and results that they have
received, we will offer make-good additional services.
Delivery Information
After payment has been received and Advertiser’s profile is complete, any applicable leads will be
delivered within 24 hours to Advertiser. Leads are delivered in real-time, and as such, will vary in
time and day they’re delivered to Advertiser.
Please return your completed form to:
- Fax to +1 (904) 212-0412 or
- Email to bdavis@envisageinternational.com
