NOBLEVentures MAIL LISTS CLIENTS TERMS and CONDITIONS
PART 310-TELEMARKETING SALES RULE
NOBLEVentures MAIL LISTS CLIENTS TERMS and CONDITIONS
By ordering lists or data from NOBLE Ventures Corp you (Client / Buyer) agree to the following: lists sold strictly on a FLAT FEE or PER RECORD basis. Lists once ordered are non cancelable and non refundable. We reserve the right to cancel or amend orders at any time.
Lists are compiled from sources believed reliable but NOBLE Ventures can not be held responsible for undeliverable mail items, postage, fax costs or other incidental costs. By ordering from NOBLEVentures you agree to indemnify, waive all claims now and forever forward against NOBLEVentures and hold us harmless from any incidental or consequential damages of data use. Orders are filled according to list specifications on purchase orders. Any changes to order must be submitted in writing as an addendum to original order.
Client/Buyer must submit a sample mail piece for each mailer. Client Buyer's use of the List shall conform to generally recognized industry standards of high integrity and good taste, and shall not be obscene, pornographic, indecent, defamatory, libelous, unlawfully threatening, unlawfully harassing or in breach of any other duty or standard of care imposed by law.
Client/Buyer may not distribute, transmit, display, disclose, divulge, reveal, report, publish, resell, assign or transfer the List to any third party, create a substitute or parallel database, reproduce or create derivative works based upon the List or any portion thereof, or store or hold the List in an unsecured locations where its access cannot be adequately restricted without the prior consent of NOBLE Ventures. Unless otherwise requested and documented lists are for one time use per mailer and each list are seeded with decoys to detect unauthorized use.
Any telemarketing firm will be required to submit the telemarketing script for each order as stated by the Federal Trade Commission Telemarketing Sales Rule (see FTC TSR 16.CFR 310.3(a), 310.3(c) 310.3(d)
Client/Buyer acknowledges that the List provided hereunder is proprietary to Vendor and composes works
(i.)Works of original authorship,
(ii.)Confidential and trade secret information and
(iii.)Information that has been created developed and maintained at great expense of time and money, such that the misappropriation or unauthorized use of the List by others for commercial gain would unfairly and irreparably harm NOBLEVentures. Customer agrees that it will not commit or permit any act or omission by its agents, employees, or any third party that would impair NOBLEVentures's proprietary rights to the List. Client/Buyer may not authorize the further distribution of the List, without express written permission from NOBLEVentures, it being understood that Client/Buyer’s products and services which contain the List are provided to others who are prohibited from further r resale or redistribution.
Violation of sole use rule would harm and deprive NOBLEVentures of rightful revenue and is punishable by civil injunction. You agree that treble damages will apply and agree to an injunction against violation, use or resale. Client/Buyer acknowledge that Violation of our use terms could deprive NOBLEVentures of rightful revenue and result in lasting and irreparable damage and financial harm difficult to calculate and therefore, client/buyer agrees to pay a resale lists violation fee of no less than $20,000.00 US Dollars and grants authority and permission to the prothonotary or Clerk of any Civil Court of NOBLEVentures choice a Judgment and order for injunctive relief in the amount of $20,000.00 (Twenty Thousand U.S. Dollars) for each violation.
Client / Buyer further agree to abide by all Federal, State, and local rules regarding unsolicited Faxes or Telemarketing and agree to indemnify NOBLEVentures from any related or consequential liability as to misuse of data provided by NOBLEVentures. Client/Buyer/Mailer/Broker agree to abide http://www.ftc.gov/ftc/consumer.htm
Client / Buyer understand that NOBLEVentures is a research firm and data compiler and that all lists must be checked and sorted for duplicates, checked against US Mail standards for CASS certified deliverable address & must go through the US MAIL Standard NCOA (National Change of Address) process to check for valid addresses prior to use. Client agrees that lists found with technical errors will be brought to the attention of NOBLE in writing and by telephone within 30 business days. After 30 days NOBLE will assume there are no questions or corrections to be made and that client is satisfied with delivered data or lists product. The balance of the Terms following this paragraph is hereby incorporate as if fully stated herein. Client agrees to pay for lists fully by pre payment of Visa, MasterCard, American Express or check and agrees to waive any and all claims for charge back or unsuitability once lists are delivered.
All unpaid fees subject to 20% interest from date of invoice, and consents to suit in jurisdiction of NOBLEVentures choice. Buyer consents to all terms & conditions as amended by NOBLEVentures Corporation from time to time. Prices & Products subject to change without notice.
PAYMENT & GUARANTEE: Customer agrees to provide NOBLEVentures a 30 day letter of guarantee for all orders placed with NOBLEVentures. Furthermore customer agrees to personally guarantee any and all debt incurred under valid signed contract in accordance with the total face value of the proposed contract. All orders must be guaranteed by a valid US Credit Card MasterCard, VISA, American Express, Discover, and check. Any and all defaulted amounts owed per contract will be debited to the guaranteeing representative or officer’s credit card. Default occurs 10 days after a payment date is missed, although all orders must be prepaid, a single exception may be made if made with owner of NOBLEVentures.com. Only in this manner will NOBLEVentures enter in to business relations for the sale of fax lists, data, databases or information or goods and services of any kind. None of these terms shall prevent NOBLEVentures from suing in the court of its choice to enforce any contract entered into by client. All data and lists orders are final and non refundable. In the event that terms are granted, the credit card guarantees by company officer or representative will remain in force.
OFFICER NAME ______________________________ TITLE _________________
PART 310-TELEMARKETING SALES RULE Top
§ 310.3 Deceptive telemarketing acts or practices.
(a) Prohibited deceptive telemarketing acts or practices. It is a deceptive telemarketing act or practice and a violation of this Rule for any seller or telemarketer to engage in the following
(1) Before a customer pays for goods or services offered, failing to disclose
Truthfully, in a clear and conspicuous manner, the following material information:
(i) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the sales offer; 2
(ii) All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the sales offer;
(iii) If the seller has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the customer that this is the seller's policy; or, if the seller or telemarketer makes a representation about a refund, cancellation, exchange, or repurchase policy, a statement of all material terms and conditions of such policy;
(iv) In any prize promotion, the odds of being able to receive the prize, and, if the odds are not calculable in advance, the factors used in calculating the odds; that no purchase or payment is required to win a prize or to participate in a prize promotion and that any purchase or payment will not increase the person's chances of winning; and the no-purchase/no payment method of participating in the prize promotion with either instructions on how to participate or an address or local or toll-free telephone number to which customers may write or call for information on how to participate;
(v) All material costs or conditions to receive or redeem a prize that is the subject of the prize promotion;
(vi) In the sale of any goods or services represented to protect, insure, or otherwise limit a customer's liability in the event of unauthorized use of the customer's credit card, the limits on a cardholder's liability for unauthorized use of a credit card pursuant to 15 U.S.C. 1643; and
(vii) If the offer includes a negative option feature, all material terms and conditions of the negative option feature, including, but not limited to, the fact that the customer's account will be charged unless the customer takes an affirmative action to avoid the charge(s), the date(s) the charge(s) will be submitted for payment, and the specific steps the customer must take to avoid
(2) Misrepresenting, directly or by implication, in the sale of goods or services any of the following material information:
(i) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of a sales offer;
(ii) Any material restriction, limitation, or condition to purchase, receive, or use goods or services that arête subject of a sales offer;
(iii) Any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer;
(iv) Any material aspect of the nature or terms of the seller's refund, cancellation, exchange, or repurchase policies;
(v) Any material aspect of a prize promotion including, but not limited to, the odds of being able to receive a prize, the nature or value of a prize, or that a purchase or payment is required to win a prize or to participate in a prize promotion;
(vi) Any material aspect of an investment opportunity including, but not limited to, risk, liquidity, earnings potential, or profitability;
(vii) A seller's or telemarketer's affiliation with, or endorsement or sponsorship by, any person or government entity;
(viii) That any customer needs offered goods or services to provide protections a customer already has pursuant to 15 U.S.C. 1643; or
(ix) Any material aspect of a negative option feature including, but not limited to, the fact that the customer's account will be charged unless the customer takes an affirmative action to avoid the charge(s), the date(s) the charge(s) will be submitted for payment, and the specific steps the customer must take to avoid the charge(s).
(3) Causing billing information to be submitted for payment, or collecting or attempting to collect payment for goods or services or a charitable contribution, directly or indirectly, without the customer's or donor's express verifiable authorization, except when the method of payment used is a credit card subject to protections of the Truth in Lending Act and Regulation Z,3 or a debit card subject to the protections of the Electronic Fund Transfer Act and Regulation E.4 Such authorization shall be deemed verifiable if any of the following means is employed:
(i) Express written authorization by the customer or donor, which includes the customer's or donor's signature; 5
(ii) Express oral authorization which is audio-recorded and made available upon request to the customer or donor, and the customers or donor's bank or other billing entity, and which evidences clearly both the customer's or donor's authorization of payment for the goods or services or charitable contribution that are the subject of the telemarketing transaction and the
customer's or donor's receipt of all of the following information:
(A) The number of debits, charges, or payments (if more than one);
(B) The date(s) the debit(s), charge(s), or payment(s) will be submitted for payment;
(C) The amount(s) of the debit(s), charge(s), or payment(s);
(D) The customer's or donor's name;
(E) The customer's or donor's billing information, identified with sufficient specificity such that the customer or donor understands what account will be used to collect payment for the goods or services or charitable contribution that are the subject of the telemarketing transaction;
(F) A telephone number for customer or donor inquiry that is answered during normal business hours; and
(G) The date of the customer's or donor's oral authorization; or
(iii) Written confirmation of the transaction, identified in a clear and conspicuous manner as such on the outside of the envelope, sent to the customer or donor via first class mail prior to the submission for payment of the customer's or donor's billing information, and that includes all of the information contained in §§ 310.3(a)(3)(ii)(A)-(G) an d a clear and conspicuous statement of the procedures by which the customer or donor can obtain a refund from the seller or telemarketer or charitable organization in the event the confirmation is inaccurate; provided, however, that this means of authorization shall not be deemed verifiable in instances in which goods or services are offered in a transaction involving a free-to-pay conversion and preacquired account information.
(4) Making a false or misleading statement to induce any person to pay for goods or services or to induce a charitable contribution.
(b) Assisting and facilitating. It is a deceptive telemarketing act or practice and a violation of this Rule for a person to provide substantial assistance or support to any seller or telemarketer when that person knows or consciously avoids knowing that the seller or telemarketer is engaged in any act or practice that violates §§ 310.3(a),
(d), or § 310.4 of this Rule.
(c) Credit card laundering. Except as expressly permitted by the applicable credit card system, it is a deceptive telemarketing act or practice and a violation of this Rule for:
(1) A merchant to present to or deposit into, or cause another to present to or deposit into, the credit card system for payment, a credit card sales draft generated by a telemarketing transaction that is not the result of a telemarketing credit card transaction between the cardholder and the merchant;
(2) Any person to employ, solicit, or otherwise cause a merchant, or an employee, representative, or agent of the merchant, to present to or deposit into the credit card system for payment, a credit card sales draft generated by a telemarketing transaction that is not the result of a telemarketing credit card transaction between the cardholder and the merchant; or
(3) Any person to obtain access to the credit card system through the use of a business relationship or an affiliation with a merchant, when such access is not authorized by the merchant agreement or the applicable credit card system.
(d) Prohibited deceptive acts or practices in the solicitation of charitable contributions. It is a fraudulent charitable solicitation, a deceptive telemarketing act or practice, and a violation of this Rule for any telemarketer soliciting charitable contributions to misrepresent, directly or by implication, any of the following material information:
(1) The nature, purpose, or mission of any entity on behalf of which a charitable contribution is being requested;
(2) That any charitable contribution is tax deductible in whole or in part;
(3) The purpose for which any charitable contribution will be used;
(4) The percentage or amount of any charitable contribution that will go to a charitable organization or to any particular charitable program;
(5) Any material aspect of a prize promotion including, but not limited to: the odds of being able to receive a prize; the nature or value of a prize; or that a charitable contribution is required to win a prize or to participate in a prize promotion; or
(6) A charitable organization's or telemarketer's affiliation with, or endorsement or sponsorship by, any person or government entity.