Direct
Bill Data Access.
Company shall: (i) hold the Direct Bill Data in
confidence; (ii) provide access to the Direct Bill
Data only to its employees to whom access is required
and to the extent necessary for proper use hereunder,
and (iii) require that its employees hold the Direct
Bill Data in confidence. Company shall be fully
responsible to Direct Bill for the acts and omissions
of its own employees. Company’s obligations
under this Section shall survive any termination
of this Agreement. Direct Bill may seek injunctive
or other equitable relief against the breach or
threatened breach of any of the foregoing covenants
without the necessity of a bond or proving irreparable
harm in addition to any other legal remedies that
may be available.
End User.
Company represents and warrants that it is, or
represents, the end user of the Direct Bill Services
and Direct Bill Data provided herein. For purposes
of this Agreement, the “end user”
definition shall encompass: (i) databases that
utilize Direct Bill Services and Direct Bill Data
for their own internal use on a non-resale basis;
(ii) brokers representing end users or its databases
for non-resale use; (iii) packagers of various
services for end-users (non-resale use); and (iv)
any database which is non-resale oriented and
is utilized for that enterprise’s internal
use purposes. If Direct Bill reasonably determines
or suspects that Company is reselling or remarketing
information made available under this Agreement
in a manner not permitted hereunder, Company acknowledges
and agrees that Direct Bill may terminate this
Agreement for cause and all payments due Direct
Bill by Company shall become immediately due and
payable. Direct Bill may seek injunctive or other
equitable relief against the breach or threatened
breach of any of the foregoing covenants without
the necessity of a bond or proving irreparable
harm in addition to any other legal remedies that
may be available.
No Eligibility Decisions.
- Company shall not use the Direct Bill Services
and Direct Bill Data in any manner to determine
any consumer’s eligibility for credit,
insurance or employment, or any other purpose
of whatsoever kind or nature covered by the
- Federal Fair Credit Reporting Act (15 U.
S. C. Sec. 1681 et seq.) or any similar state
and local laws, statutes, rules and regulations.
- Company agrees not to use any Direct Bill
Services or Direct Bill Data provided under
this Agreement for any purpose that is in direct
violation of the privacy obligation policy and
any other terms and provisions of the Graham-Leach-Bliley
Act (15 U. S. C. Sec. 6801 et seq.) or any similar
state and local statutes, rules and regulations.
Solicitations, Ad Copy.
Solicitations used by Company or its end users
in connection with the Direct Bill Services and
Direct Bill Data: (i) shall not disclose the source
of the recipient’s name and address; and
(ii) shall not contain any indication that Company
or its end users possesses any information about
the recipient other than name and address. Any
ad copy used by Company shall not include any
references to Direct Bill, Direct Bill Services
or Direct Bill Data without the express written
consent of Direct Bill, which consent may be withheld
for any reason.
Ad Copy & Script
Retention and Review.
Company shall retain two copies of each mail piece
and telemarketing script utilizing or used in
connection with the Direct Bill Services and Direct
Bill Data for at least twelve (12) months after
the applicable mail drop date or telemarketing
script use. Upon request from Direct Bill within
such twelve (12) month period, Company shall obtain
and deliver to Direct Bill any requested mail
piece or telemarketing script copy within five
(5) days of Company’s receipt of Direct
Bill’s written request.
Compliance.
Company shall use the Direct Bill Services and
Direct Bill Data in compliance with all federal,
state and local laws, statutes, rules and regulations.
Further, Company agrees to abide by such legislation
and rules and regulations which may be enacted
or adopted after the date of this Agreement pertaining
to the Direct Bill Services and Direct Bill Data
which is the subject of this Agreement by any
federal, state or local government authority
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