Wisconsin Department of Tourism
The Wisconsin Department of Tourism, hereby
agrees to provide to
_______________________________ (Recipient/List
User),
the list of selected names from the Wisconsin
Department of Tourism’s database (the List) on the following terms and
conditions:
1. One-Time Use Only. Each provision of the List is for the
one-time, one-mailing only of List User’s materials, and shall not be used for
any other purpose. The List shall not be used for any telephone solicitation,
or any follow-up telephone calls except to persons on the List who have
responded favorably to the one-time mailing.
2. Title and List Protection. The List is and at all
times shall remain the exclusive property of the Wisconsin Department of
Tourism. The List contains valuable confidential and proprietary information of
the Wisconsin Department of Tourism and the List User shall not disclose the
contents of the List to any third party, and shall not permit any third party
to enhance, modify, overlay, use, distribute, reproduce, retain or transfer the
List, except as specifically permitted by this Agreement or otherwise approved
in writing by the Wisconsin Department of Tourism. List User shall not disclose
the source of the names on the List nor identify the Wisconsin Department of
Tourism as the owner of the List in any manner. Nothing herein grants List User
any right to use the name, trademarks or service marks of the Wisconsin
Department of Tourism. List User agrees that the breach of the provisions of
the Agreement would cause the Wisconsin Department of Tourism irreparable harm
that is impossible to measure with certainty, and agrees to pay the Wisconsin
Department of Tourism $1,000 per breach as liquidated damages. In addition,
List User shall indemnify, defend and hold the Wisconsin Department of Tourism
harmless from and against any and all claims, damages and losses resulting from
any breach hereof.
3. List Maintenance and Monitoring. List User acknowledges and agrees that the
use of the List will be monitored by various means, including the use of decoy
names, to insure compliance with the terms hereof. Upon completion of the
mailing, List User agrees to return the list, and all whole or partial copies
thereof (or any media) to the Wisconsin Department of Tourism’s authorized
agent, or to destroy the List and such copies.
If the List User experiences problems with the accuracy of the list,
they should work with the Department to determine what the next steps will be.
4. User Fees, Cancellation. List User agrees to pay the Wisconsin
Department of Tourism, at the rate then in effect, fees (currently $10 per
thousand) within 30 days after the mailing date set forth on the invoice. Such
payment shall be made to the Wisconsin Department of Tourism. If the account of
the List User is more than 30 days past due, the List User may not purchase a
list under the program until its entire balance is paid. Once the balance is paid,
the list user shall pay in advance for all list use occurring during the next
six months or for such longer period as the Department in its discretion may
determine. If the List User cancels an
order and the List labels or tapes have already been produced, List User shall
pay all costs of such production.
Signature: Please Print Name:
Title: Phone Number:
Date: E-mail Address: