American Student Marketing American Student Marketing

terms & conditions

All orders (online marketing, email marketing, postal direct marketing) submitted to and accepted by American Student Marketing are with the express understanding that the broker /mailer/client have read, understand and agree to the Terms and Conditions herein on the date the order is received. These Terms and Conditions are subject to change at any time, and the broker/mailer /client should review these Terms and Conditions on the day of their order. These Terms and Conditions supersede any and all other terms and conditions, including those contained within or noted on the broker/mailer/client order, any prior agreement between the parties, those found on any listing service's website (such as MIN, NextMark, SRDS) or any other third party website (such as a list broker's), and constitute the entire agreement between the parties. Orders may require the execution of an insertion order prior to processing; notwithstanding this the parties will remain bound by these Terms and Conditions.

List Usage

The list (data file) is rented for a one time use only and for the approved customer campaign. The list may not be duplicated, reproduced, transferred or disseminated without prior written authorization by American Student Marketing. The list remains the proprietary property of American Student Marketing and nothing in these Terms and Conditions shall be construed to grant customer any ownership right in, or license to, the list. American Student Marketing maintains all rights, title and interest in the list rented to the customer. By their orders, brokers/mailers agree that they will adhere to the foregoing restrictions and any other guidelines contained in these Terms and Conditions. The list is protected against unauthorized use. Any use of the list not compliant with these Terms and Conditions may be subjected to additional billing and/or unspecified damages.

Reuse of Lists

Lists may be available for unlimited usage for one year. Click here to inquire about pricing and terms.

List File Handling

The list should be retained only for as long as necessary to fulfill the approved customer campaign, and other related campaign activities. The list contains confidential consumer information and should be deleted, purged or destroyed from any and all data storage devices of the parties that received, accessed, processed or, in any way, utilized the list within a reasonable time after the conclusion of the campaign. These include, but are not limited to, the broker, mailer/end user, letter shop, and fulfillment bureau. As the list contains confidential consumer information, please treat the list as you would your own confidential information (and in accordance with the best practices as detailed by the Interactive Advertising Bureau, http://www.iab.net/media/file/data-primer-final.pdf and the Direct Marketing Association, http://dmaaction.org/issues/privacy-and-data-security). Unauthorized use of the list and failure to adhere to these list file handling requirements may result in additional billing and/or unspecified damages.

Turnaround Time

Normal production time may require up to three business days from the date the order is placed. Same-day or rush service is available upon request (additional charge may apply).

Sample Campaign Creative

Sample campaign creative is required for approval prior to shipping initial order and any subsequent reuse. For email campaign, a sample email message (HTML and text) is required prior to order. Click here to email samples.

Email Suppression Files

It is the sole responsibility of the mailer to provide an email suppression file in our standard format unless otherwise previously agreed upon in writing. Suppression files must be submitted as a plain text file containing one email address per line followed by a CR/LF pair used as the record terminator and no additional information. Inclusion of additional information or additional data fields will cause the suppression process to fail. American Student Marketing will assume no liability due to improperly formatted suppression files.

Shipping and Delivery

Production time varies depending on the intricacy of your request. Please call to verify delivery time or the status of your order. Postal orders are typically shipped via email or FTP unless otherwise specified by the broker/client. AMERICAN STUDENT MARKETING SHALL IN NO EVENT BE LIABLE TO BROKERS OR CLIENTS FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FOR DELAYS IN SHIPMENT OR DELIVERY, OR FAILURE TO NOTIFY CLIENTS OF DELAYS, OR ANY ERRORS IN FILLING OF ORDERS.

Online Marketing Campaigns

For more information about targeted online marketing campaigns, please click here

Email Marketing Campaigns

For more information about targeted email campaigns, please click here

Postal Direct Marketing Campaigns

For more information about targeted postal direct marketing campaigns, please click here

Pricing Payment

American Student Marketing’s pricing of the list and its services in effect on the date of order acceptance shall govern and supersede any other pricing. Any listed or quoted pricing is exclusive of any applicable taxes. Sales, use, excise and other taxes due, or which American Student Marketing is required to charge, on sale of products and/or services shall be invoiced to and paid by broker/mailer. New accounts may require prepayment by check with initial order. Once credit is established, typical terms are net/30 days after the commencement of the campaign. Minimum charge of $500 per order will apply. American Student Marketing reserves the right to modify the terms of payment at any time. Payments which are not received by the due date are subject to interest at 1.5% per month, or the highest amount allowed by applicable law, whichever is lower. A $50 fee will be assessed on all returned checks. If American Student Marketing is required to hire an attorney or collection agency to collect payment on orders, broker/mailer shall also be liable for attorney's fees and other costs of collection.

Guarantee of Payment

Each order submitted to American Student Marketing, LLC is submitted with the expressed understanding that payment for the order is guaranteed by the submitting party, independent of any broker, mailer or client payments and regardless of any relationship between a broker, mailer or client. Payment is due American Student Marketing, LLC net/30 days after the date of the invoice. Invoices that are more than thirty (30) days overdue may incur a finance charge of 1.5% per month (not to exceed the rate permitted by law). If American Student Marketing, LLC is required to hire an attorney or collection agency to collect payment on an invoice, submitting party shall also be liable for reasonable attorney’s fees and other costs of collection. If the submitting party is not in agreement with this guarantee of payment, they should not submit an order to American Student Marketing, LLC.

Cancellation Policy

The parties hereby understand and agree that all orders (list rental orders, postal orders, email campaign orders, insertion orders) are non-cancelable upon our delivery of the list (data file). Full payment is required for all orders cancelled on or after delivery of the list (data file). Email campaigns are non-cancelable once the campaign's initial email test has been deployed. Email campaigns must be deployed within 10 days of the order's initial deployment date. Online marketing campaigns are non-cancelable upon client approval of the campaigns demo website and acknowledgement of a successful lead delivery test.

Accuracy of List Counts

The list is continually being updated in real-time, and available for counts online. All counts provided are accurate counts based on a query to the list database. Available counts at the time of the actual order may differ from a previous count request. American Student Marketing, LLC cannot be responsible for shortages or overruns of lists or mailing pieces due to such changes.

Deliverability

American Student Marketing has used its reasonable commercial efforts to ensure the accuracy and deliverability of campaigns to the records in the list; however we cannot guarantee deliverability to every mailing addresses or email account contained therein. However, broker/client is only charged for those numbers, addresses, accounts and records which are accurate or otherwise working or in service.

Warranty

American Student Marketing will not be liable for any direct, indirect, incidental, special or consequential damages sustained through the use of the list and in no event shall American Student Marketing’s liability, if any, exceed the rental cost of the list. American Student Marketing is not making, and hereby disclaims, all express or implied warranties whatsoever relating in any respect to the list and American Student Marketing performance of its duties hereunder, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the generality of the foregoing, no warranty is given that the list or any transmission is error-free or not subject to trojans, worms, viruses or bugs.

Miscellaneous

This Agreement will be interpreted and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles.