Wisconsin Department of Tourism
E-Mail Program Agreement
Please complete form and send via fax to the Wisconsin Call Center at
608-264-6150
The
Wisconsin Department of Tourism, hereby agrees to provide
___________________________________________________________________________(Organization Name/List User),
a list of selected names from the Wisconsin Department of Tourism’s database (the List), and the List User agrees to use the List on the following terms and conditions:
1.
One-Time Use Only. The provision of the List under this Agreement is for the
one-time, one e-mailing of List User’s materials, and shall not be used for any
other purpose. The List User agrees
that the e-mail will be sent within one month of receiving the list.
2.
Title and List
Protection. The List is and at all times
shall remain the exclusive property of the Wisconsin Department of Tourism. The
List contains valuable confidential and proprietary information of the
Wisconsin Department of Tourism and the List User shall not disclose the
contents of the List to any third party, and shall not permit any third party
to enhance, modify, overlay, use, distribute, reproduce, retain or transfer the
List except that the list may be transferred to a third party technology
partner (e-mail service provider, internet service provider, web design firm,
etc.) with which the List User is contracting to launch the List User’s e-mail
campaigns, as specifically otherwise permitted by this Agreement or as
otherwise approved in writing by the Wisconsin Department of Tourism.
The List User must disclose the source of the names on the List and identify
the Wisconsin Department of Tourism as the owner of the list by stating in each
e-mail, “This e-mail was sent by a partner of the Wisconsin Department of
Tourism. You are receiving it because of your expressed interest in updates
from the Department and its partners.”
Each e-mail may contain only the name or address of the recipient of
that e-mail and may not contain any of the names or addresses of other persons
receiving the same or similar e-mail.
Nothing herein grants List User any right to use the name, trademarks or
service marks of the Wisconsin Department of Tourism. The List User agrees that
the breach of the provisions of the Agreement would cause the Wisconsin
Department of Tourism irreparable harm that is impossible to measure with
certainty, and agrees to pay the Wisconsin Department of Tourism $1,000 per
breach as liquidated damages. In addition, List User shall indemnify, defend
and hold the Wisconsin Department of Tourism harmless from and against any and
all claims, damages and losses resulting from any breach hereof.
3.
List Maintenance and
Monitoring. The List User acknowledges and agrees that the
use of the List will be monitored by the Department by various means, including
the use of decoy names, to insure compliance with the terms hereof. Upon completion of the mailing, the List
User agrees to return the list, and all whole or partial copies thereof in
whatever media the copies appear to the Wisconsin Department of Tourism’s
authorized agent, or to destroy the List and such copies. The Department implements an ongoing list
maintenance and accuracy program but cannot guarantee that all e-mail addresses
are valid. If the List User experiences
problems with the accuracy of the list, they should work with the Department to
determine what the next steps will be.
4.
User Fees, Cancellation. The List User agrees to pay the Wisconsin Department of Tourism,
at the rate in effect on the date the agreement is signed by the List User,
(currently $50 per thousand names) within 30 days after the mailing date set
forth on the invoice with a minimum charge of the per thousand rate ($50) in
effect on the date the List User signs the Agreement. Such payment shall be
made to the Wisconsin Department of Tourism. If the account of the List User is
more than 30 days past due, the List User may not purchase a list under the
program until its entire balance is paid. Once the balance is paid, the list
user shall pay in advance for all list use occurring during the next six months
or for such longer period as the Department in its discretion may determine. If
the List User cancels an order and the List file has already been produced,
List User shall pay all costs of such production.
5. Technical Requirements: The Department recommends against using home e-mail programs to
send e-mail to the names and addresses on the list you rent. E-mail software such as Microsoft Outlook
and Outlook Express are not designed to send e-mail to large quantities of
names (hundreds or thousands), and serious performance issues may occur if you
attempt to import this list into or launch a campaign from these light-duty
programs. We recommend that you
contract with an e-mail service provider to assist you in launching these
campaigns, or contract with your technology partner (web design firm, internet
service provider, etc.) if it has the capabilities to assist you.
6. Proper Use of Listserv/Distribution Lists: To help protect our e-mail customers,
replies to your mailing must under all circumstances go to the Sender only
(i.e. you or your e-mail vendor). If you will be using a listserv (or similar
distribution method) to send e-mails to your list, we require any batching of
those messages to be set up in a way that replies to the original message will
ONLY go to the Sender's ('FROM:') address. To accomplish this, the 'To:' field
of any message sent must contain only one e-mail address.
7.
E-Mail Content: The content of the e-mail
must be limited to the specific promotion of a Wisconsin tourism or travel
opportunity.
8.
Opt-In Statement: An opt-in statement must be
included in the e-mail to assist the List User in launching its own e-mail
program, and should state, “If you would like to continue receiving e-mail
updates from <<organization name>>, please click here.” (or fill
out this subscription form, or e-mail us at this address, etc.) The action they need to take should match
the technology that you have set up to add individuals to your list.
9.
Opt-Out Statement: An opt-out statement must
also be included in the e-mail content, and should say, “If you do not wish to
receive e-mails from <<organization name>>, please click here” (or
reply to this e-mail with UNSUBSCRIBE in the subject line, or e-mail us at this
address letting us know you should be removed from the list.) The action they need to take should match
the technology that you have set up for individuals to remove themselves from
your list. The List User shall maintain
this list, and if you purchase a list again from the Department, you shall
remove the names received under this Agreement from the new list.
For
the List User:
Signature:__________________________ Please Print Name:_________________________
Title:______________________________ Phone Number:____________________________
Date:______________________________ E-mail Address:____________________________