By purchasing Leads from New England Marketing North America, L.P., ("NEM"), a Massachusetts limited partnership maintaining its principal offices 10 Cornerstone Drive, North Easton , Massachusetts , and as a material inducement to cause NEM to agree to sell me Leads, I hereby agree to be bound by the following terms and conditions.

1. PAYMENT TERMS.

I hereby agrees to remit payment in full for each order placed for Leads with NEM via check-by-fax, , credit card, or wire transfer to the following account: If I am paying by credit card, then this shall serve to confirm that I am the holder of the credit card provided to NEM, or have been authorized by the holder of said card, to use it to pay for the Leads and related charges as per these terms and conditions. I hereby authorize NEM to bill my credit card for all charges due. It is agreed that in the event that my business with NEM is conducted by telephone or fax, it will not be necessary for the credit card to be present for any legitimate charges to be valid. It is further agreed that this authorization is negotiated in North Easton , Massachusetts.

2. REPRESENTATIONS AND WARRANTIES.

I hereby represent and warrant as follows:

a. That I have the full right and authority to agree to these terms and conditions and to perform all the obligations hereunder; that the execution and performance of these terms and conditions will not breach any agreement with any third party; and that the provisions set forth herein are binding upon and enforceable against me except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights.

b. That I will not engage in any deceptive or unlawful trade practice; that I will not violate any state or federal law regulating commercial electronic mail, including, but not limited to, the CAN-SPAM Act of 2003; that I will not cause any electronic email to be distributed to any person that has not previously "opted-in" and/or consented to receiving such messages and/or information; that I will use accurate email headers and subject lines; that I will include my legal name and a physical mailing address in all email directed to Leads; that (if required by law) I will use the term "ADVERTISEMENT" or "ADV" in subject headings; that I will include a conspicuously located mechanism in emails directed to Leads allowing them to "opt-out"; that I will comply with all "opt-out" requests received; that I will maintain accurate records concerning all communications with Leads; that I will not advertise or solicit the purchase of pornography to the Leads; and that I will strictly comply with the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry").

c. That I will comply with the EC Directive on Privacy and Electronic Communications as adopted by each EU member state, to the extent applicable to the my use of the Leads.

d. That I will not resell or otherwise transfer to any third parties any of the Leads without first obtaining NEM's consent.

3. DISCLAIMER. 
 
I acknowledge and agree as follows: That NEM does not guarantee that the Leads I have acquired from it will generate revenue to me or any third party.  That NEM does not guarantee that the Leads provided can be contacted by me or that the Leads provided are not otherwise available from another source separate from NEM.  That NEM makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads.  That NEM exercises no control over, and accepts no responsibility for, the acts and/or omissions of the Leads.  That NEM has not compared the Leads against the Federal Do Not Call Registry and makes no representation regarding whether the use by Company of the Leads is authorized pursuant to the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry"). I hereby acknowledge that the Leads are provided on an "as is, as available" basis.

I further acknowledge and agree that NEM MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THIS AGREEMENT, IF ANY, AND SPECIFICALLLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. REMEDIES.

In all cases involving a failure of the Leads to conform to the express terms set forth in these terms and conditions (if any), I acknowledge and agree that NEM's sole obligation, and my sole and exclusive remedy, is for NEM to provide a credit to me in an amount equal to the amount actually paid to NEM for the corresponding Lead(s) if, and only if, I notify NEM within 72 hours of my receipt of the corresponding Lead(s) of a failure by the Lead(s) to conform and said non-conformance is confirmed by NEM. I shall not be entitled to any refund if I fail to comply with applicable laws and/or violate any of the representations and warranties set forth in paragraph 2 above.

5. INDEMNITY.

I hereto agree to indemnify, defend and hold NEM harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys' fees and related costs, which (1) arise solely or in part from my act(s) and/or omission(s); or (2) arise from or are related to a breach by me of any express warranty or representation contained herein. Additionally, NEM agrees to indemnity, defend and hold me harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines penalties, costs, and expenses, including attorneys' fees and related costs, which (1) arise solely or in part from NEM's act(s) and/or omission(s); or (2) arise from or are related to a breach by NEM of any express warranty or representation contained herein (if any).  

6. GOVERNING LAW; SEVERABILITY. 

These terms and conditions, and my purchase of Leads from NEM, are governed by the laws of the State of Massachusetts without giving effect to its conflict of law provisions.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms and conditions.  Section headings are for convenience only and will not be considered part of these terms and conditions.  If any portion of these terms and conditions are ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.

7. ASSIGNMENT.

I may not assign these terms and conditions to any third party without NEM's express written consent.

8. ENTIRE AGREEMENT. 

These terms and conditions, together with the specific details concerning the number of Leads and the price I am to pay for them, shall constitute the entire agreement and understanding between me and NEM with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects.  Any different or additional terms in any documents furnished by me are specifically objected to and will not become part of my agreement with NEM.  My agreement with NEM man only be amended or superseded only by a written instrument executed by me and NEM. 

By signing this agreement and/or (if applicable) clicking the "I Agree" button, I do hereby agree to be bound by the these terms and conditions.

We here at New England Marketing enforce a "Zero Tolerance" policy in regards to unsolicited, commercial e-mail (also known as "Spam"). In this regard, we take all take all commercially reasonable efforts to ensure that we and/or our customers are completely compliant with all applicable Spam-related legislation. This includes the CAN-SPAM Act of 2003, as well as (if and/or when applicable) the EC Directive on Privacy and Electronic Communication as adopted by individual EU Member States

To implement our Zero Tolerance Policy regarding unsolicited, commercial e-mail, we contractually require that all our customers comply with all applicable Spam-related laws and adhere to the following requirements when sending e-mail to leads acquired from us:

• Message Content. We require our customers to use accurate e-mail headers, "from" lines, and subject lines.
• Name and Mailing Address. We require our customers to include a legal name and a physical mailing address in the emails they send to the leads they have acquired from us.
• Message Labels. To the extent required by law, we require our customers to clearly and conspicuously label advertisements in the subject line.
• Opting Out. We require our customers to include a conspicuously-lcated, cost-free mechanism by which recipients can "out-out" of receiving any further commercial email. We also require that our customers honor all opt-out requests.
• Don't Hide. We require our customers to send e-mail only from e-mail accounts that have been registered using accurate registration information. E-mail headers must contain valid IP addresses and domain names..
• Records. We require our customers to keep records that help prove compliance. This way, we will have an easier chance of investigating and resolving complaints we receive.
• Pornography. We expressly forbid our customers to use the leads they purchase from us to advertise or solicit the purchase of pornography.

We vigorously enforce our Zero Tolerance Spam Policy and thereby take seriously all complaints we receive regarding any purported violation of applicable laws. In this regard, we vigorously investigate all legitimate complaints and take whatever steps we believe may be justified, which may include terminating our relationship with a customer.

If you believe that you have received e-mail that violates our Zero Tolerance Spam Policy and/or any applicable law, please contact our Spam Compliance Officer at SpamComplianceOfficer@NewEnglandMarketing.com. Upon our receipt of your complaint, we will initiate an investigation and take whatever remedial action we believe is appropriate to minimize the dissemination of unwanted and unsolicited commercial electronic mail to our leads.

Because we know that some people believe telemarketers to be nothing more than a horrible intrusion and annoyance, we here at New England Marketing require all of our customers to strictly comply with the Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (aka "National Do Not Call Registry"). We accomplish this by including a provision in the contracts we use with our customers that expressly obligates our customers to comply with the National Do Not Call Registry. Failure by our customers to comply with the National Do Not Call Registry may cause us to immediately terminate our business relationship with them.

We respect your requests to not be contacted at home and expect our customers to do the same. For this reason, if you believe that any of our customers have violated the National Do Not Call Registry, please contact us.

For more information on the National Do Not Call Registry, including recent amendments to the regulation and information on how to file a complaint for alleged violations, go to www.ftc.gov.