LIST MANAGEMENT AGREEMENT
5-STAR LISTS, Inc. is hereby appointed LIST MANAGER for:
hereinafter referred to as LIST OWNER.
LIST MANAGER will perform all functions of list management and will handle all matters pertaining to rental of the LIST OWNER’S list(s).
All uses of the LIST OWNER’S Mailing List will be subject to the terms of this agreement and processed through LIST MANAGER and its service bureau at the agreed upon rates and commission.
LIST MANAGER recognizes LIST OWNER as the owner of the names, and agrees that LIST MANAGER has no right or title to them.
LIST OWNER represents that the names and addresses are the property of LIST OWNER, that these names and addresses are clear of any claims of any third parties, and that LIST OWNER has no knowledge of any claims that would affect the renting of the list to any third parties; that LIST OWNER has not wrongfully secured this list and that entering this agreement will not constitute any violation of any claim to which the LIST OWNER has knowledge.
LIST MANAGER will review sample mailers on all orders for competitive and inappropriate offers. LIST OWNER has the option to also review and approve rentals when the LIST OWNER’S list is in excess of 25,000 names.
LIST MANAGER will keep accounting records on all Mailing List Rentals, and will provide LIST OWNER with a summary report as Royalty payments are made.
LIST MANAGER will perform all functions of promotion to solicit rental of the LIST OWNER’S mailing list. Such activities may include advertising, direct mail, trade shows, publicity, telemarketing, and personal sales calls at NO COST to the LIST OWNER.
LIST MANAGER will deduct any recognized discounts—such as list broker commissions, discounts for fundraisers and multi-usage rentals, and/or net names arrangements where applicable—from the gross list rental revenues.
LIST OWNER will receive a royalty payment of seventy (70) percent of all net revenues received by LIST MANAGER whether paid by list brokers, direct mailers, joint venture partners or other sources for all mailing list rentals or other usage.
Net revenues collected on orders will be remitted to LIST OWNER within 30 days, following payment received by 5-STAR LISTS, Inc.
LIST MANAGER is not liable for uncollected mailing list rental revenues resulting from disputes, non-payment, bankruptcies, deductions, or other activities beyond its control.
LIST MANAGER will designate a service bureau to maintain the file for list rental purposes. Nominal service bureau charges of $10 per thousand names ($10/M) for list rental fulfillment will be charged against the gross list rental revenues and deducted from the royalty remittance.
Mailing list exchanges—when requested by LIST OWNER—will incur service bureau charges ($10/M) and a twenty percent (20%) list management fee, which will be deducted from the LIST OWNER’S account net 30 days from the transaction.
LIST OWNER agrees to provide LIST MANAGER with complete updates on the mailing list monthly, quarterly or whenever possible to keep the file current and active.
This non-exclusive Agreement shall be effective for a term of one year commencing with the date of acceptance by LIST OWNER. The Agreement will be automatically renewed annually unless it is canceled by either party giving at least thirty (30) days prior to the end of any contract term.
In the event of cancellation, LIST MANAGER reserves the right to fulfill orders for up to ninety (90) days that result from previous marketing efforts. All funds owed to LIST OWNER will be forwarded to the LIST OWNER, as they are collected.
ACCEPTED BY: ____________________________________
If this Agreement meets with your approval, please print this form, complete and sign it, and then mail or fax it to 5-Star Lists, Inc. at 508 N. Second St., Fairfield, IA 52556. Fax: 641-472-5729. Questions? Call 641-472-2332.
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