AAPG is a membership organization that, from time to time, as an incident to its functions, rents to parties such as User the names of its conference registrants (the “List”). User desires to rent the names of the conference registrants upon the terms and conditions set forth herein.
THEREFORE, in consideration of the covenants, agreements and promises contained herein, the parties agree as follows:
AAPG hereby rents to User the names of its conference registrants for a one-time mailing only by User for the purpose of
- User shall pay the rate of $300.00 to AAPG for the use of such names on a one-time basis (delivered by email).
- User shall use the names on a one-time basis only and shall not retain a copy of any or all of the names of the registration list of AAPG in any form whatsoever. User shall be entitled to mail or email to each name only one time, except that User shall be entitled to mail again to those persons who respond to the one-time mailing contemplated by this agreement.
- AAPG and User agree that the list of the names of the conference registrants is a confidential list and is an asset that has value unique to it. User shall not disclose all or any portion of the names on such list to any third party, except as specifically authorized by AAPG in writing.
- All costs associated with the mailing contemplated by this agreement shall be at the expense of User, and User shall hold AAPG harmless therefrom.
- In the event a dispute arises over the use of the names by User and litigation arises between the parties hereto, the prevailing party shall be entitled to recovery of a reasonable attorney fee from the other party.
- This agreement comprises the entire agreement between the parties, and all preceding negotiations are hereby cancelled and held for naught, except as provided for herein, and no amendment to this agreement shall be effective except as such is agreed to in writing by AAPG.
- This agreement is entered into at Tulsa, Oklahoma, and shall be construed according to the laws of the State of Oklahoma.