By using the Constant Contact Account, Recipient agrees to the following:
- Recipient acknowledges and agrees that it has read the terms and condition on the Constant
Contact website, and agrees that it will comply with all terms and conditions set forth therein.
- Subject to verification of Recipient's eligibility, the account shall include hosting of the Recipient's
email list (of up to 10,000 email addresses) and hosting of up to 25 MB of image storage
(about 1,200 images). If the number of combined email addresses in an Recipient's account
exceeds 10,000 email addresses, the Recipient shall pay Constant Contact the difference in
price between the fee for an account with 10,000 email addresses and the fee for an account of
the actual size of Recipient's account. The additional fees described in this paragraph shall be
based on Constant Contact's then current fees, taking into account any non-profit and/or prepay
discounts.
- Recipient shall include the Constant Contact footer on all email messages transmitted under the
Constant Contact account.
- For as long as the account is valid, Recipient agrees to (a) identify Constant Contact as a
supporter (donor, partner, sponsor) of Constant Contact wherever listing of supporters exist
within the Recipients' website, collateral or other promotional material and (b) establish a
direct link from Recipient's supporter page webpage to Constant Contact's website (www.
constantcontact.com.). Constant Contact grants to Recipient, during the term of this Agreement,
a nonexclusive, non-transferable, royalty-free right to use a logo designated by Constant the
party (the "Logo") for the purposes of (i) graphically representing and establishing the link and
(ii) for identifying Recipient as a participant of Constant Contact Cares4Kids program within
Recipient's collateral and/or other promotional material.
- The account shall be valid for an initial term of one year. Thereafter, the account shall be
automatically renewed for successive one year terms (each a Renewal Term), except that
Constant Contact shall have the right to terminate the account at any time during a Renewal
Term upon thirty (30) days' written notice to Recipient. This Section 5 does not limit either party's
right to terminate the account pursuant to the terms and conditions set forth on the Constant
Contact website. Notwithstanding the foregoing, the account shall terminate immediately in the
event that Recipient's sponsor ceases to be a customer of Constant Contact.
- For as long as the account is valid, Constant Contact may display Recipient's logo on its website
and identify Recipient as a recipient of the Cares4Kids Program. Recipient grants to Constant
Contact, during the term of this Agreement, a non-exclusive, non-transferable, royalty-free right
to use Recipient's logo for the purposes of identifying Recipient as a recipient of a donated
account through the Cares4Kids Program.
- Recipient may not assign this Agreement in whole or in part without Constant Contact's prior written
consent. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts
without regard to its conflicts of laws provisions. If any provision of this Agreement is found invalid
or unenforceable, that provision shall be enforced to the maximum extent permissible, and the
other provisions of this Agreement shall remain in force. All notices under this Agreement shall be personally delivered or sent by certified or registered U.S. mail or nationally recognized express
courier, return receipt requested, to the addresses above. Either Party may change its address for
notices under this Agreement by giving written notice to the other Party by the means specified
in this Paragraph. Notices shall be effective upon receipt. No failure of either Party to exercise or
enforce any of its rights under this Agreement shall act as a waiver of such right. This Agreement
contains the entire understanding between the parties with respect to the subject matter hereof,
superseding and replacing any and all prior or contemporaneous agreements, communications,
and understandings (both written and oral) regarding such subject matter. This Agreement may
only be amended by an instrument in writing signed by both parties. The Parties to this Agreement
are independent contractors. Neither party is an agent, representative, or partner of the other party.
Neither party shall have any right, power or authority to enter into any agreement for or on behalf
of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall
not be interpreted or construed to create an association, joint venture, partnership, franchise, sales
representative or employment relationship between the parties or to impose any partnership
obligation or liability upon either Party. Each party shall bear its own costs and expenses in
performing this Agreement.
- Recipient certifies that the information provided above by Recipient is true and correct, and that Recipient shall use the Constant Contact account solely for the communications of Recipient in accordance with the terms of this Agreement.