Indigenous Link, a division of Competitive Edge Media Group Inc. (‘CEMGI’) will provide advertising and marketing services to the Customer in consideration of payment based on the rates as specified in the proposal and the promises contained in this Agreement. The Customer agrees to allow CEMGI to name us as a client of CEMGI. This Agreement is effective with the terms as shown in the proposal. CEMGI reserves the right to cancel this agreement with 14 days written notice and will provide a refund for any unused services.
The Customer requests the one-time rental use of fax, mail, or email data from CEMGI unless multi-use rental is specified in the proposal. The Customer acknowledges the names, addresses, and fax numbers on these lists are the unique and valuable intellectual property of CEMGI. The Customer receives all of these in confidence. All responseTRAC Tracking Tools assigned to this campaign are to be used with CEMGI Advertising only.
The Customer agrees all images, graphics, ad copy, ads developed by CEMGI are to remain the sole property of CEMGI. The Customer will only reuse the list, images, graphics, ad copy, ads, and files with the express written approval of CEMGI. The Customer agrees not to copy or enter into any computer databases, or otherwise reproduce, the addresses, fax and phone numbers, and names provided to the Customer by CEMGI. The Customer also agrees not to provide or release in any fashion whatsoever any information obtained directly or indirectly from CEMGI services to any other company(s) or individual or to act as an agent for such third party. The Customer agrees that any unauthorized use of CEMGI database(s) or derived work products, in whole or in part, will result in terminaƟon of this contract and is a violation of CEMGI intellectual property and may be subject to damages.
The Customer agrees to indemnify and hold harmless CEMGI from any and all claims, damages, losses, expenses, arising out of the content of any message preapproved by an authorized signature of the Customer (via phone, fax, or email). It is the sole responsibility of CEMGI to use our Direct Fax and Direct Mail services in accordance with all local, provincial, federal, and foreign laws and regulations, including but not limited to, laws and regulations pertaining to telemarketing, facsimile advertising, mail, email, web, and personal data privacy, and CEMGI agrees to indemnify and hold harmless the Customer from any and all claims, damages, losses, expenses arising out of the services provided by CEMGI for the Customer related to those responsibiliƟes. The Customer acknowledges that a breach of these terms is grounds for termination of this agreement.
This Agreement shall govern the conditions of disclosure by Indigenous Link of any and all ‘Private and Confidential’ information including but not limited to inquiries, resumes, applications, registrations, request for literature and information requests collected and collated on behalf of the Customer. With regard to the ‘Private and Confidential’ Information, Indigenous Link hereby agrees:
• Not to use the information therein except for evaluating the effectiveness of the services provided
• To safeguard the information against disclosure to others with the same degree of care as exercised with its own information of a similar nature
• Not to disclose the information to others, without the express permission of the Customer
• That the secrecy obligations of Indigenous Link with respect to the information shall continue indefinitely
This agreement shall be interpreted and governed by the laws of the province of Manitoba with regards to its rules governing conflicts of law, and the parties agree to submit to the exclusive jurisdiction of the province or federal courts located in the District of Winnipeg, Manitoba, Canada to resolve any disputes arising hereunder.
Helping Build Bridges to Indigenous Communities Since 1999