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EXHIBIT 10.28
Please read this document carefully! After you thoroughly read and understand
the agreement, please initial at the end of the asterisked (*) paragraphs, sign
and return via fax to Novus. Signing this document is your acceptance of the
agreement outlined below!
LIST RENTAL AGREEMENT
The undersigned List User unconditionally warrants that it (or he/she) will
license and use the following list:
[ ] Golf Digest [ ] Gold World [ ] Golf Digest Women [ ] GSO [ ] Avid Golfer
Prospects [ ] Golf Co. Masterfile
*Whether such list is supplied on Cheshire labels, magnetic tape, cartridge or
diskette, for one time telemarketing only; and that List User will not
disclose, transfer, duplicate, reproduce or retain the list in any form, not
permit any agent, contractor or third party to do so, except in the computer
processing activity necessary to obtain the names in a useable form for the
said one time telemarketing from a list supplied on magnetic tape(s),
immediately after which the names shall be completely erased from all storage
devices upon which they reside, including the magnetic tape(s); nor otherwise
impair the exclusive rights of the List Owner in such list. List User agrees
that it shall not impair any copyright or other proprietary rights in the
names, and List User is strictly prohibited from relicense, resale, or
redistribution of the names. /s/ A C (Initial here)
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*The use of the list shall be limited solely and exclusively to the specific
telemarketing place agreed to by the List Owner. List User agrees not to name
or imply the name of the list to the subscriber in the telemarketing effort.
/s/ A C (Initial here)
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List User agrees to indemnify and hold harmless Novus Marketing and List Owner
from any and all claims, damages, losses, or expenses, however incurred,
resulting from use of said list contrary to the provisions of this warranty by
List User or any of those parties described above. The prevailing party in any
action shall be entitled to recover all incurred costs incidental to
litigation, including attorney's fees; liability shall not be limited to the
amount of the List User's order.
*It is understood and agreed that List Owner's list has been and will be
monitored to prevent improper and unauthorized uses of the list, by
combination of one or more methods of computer control, and/or planted and/or
varied names and addresses, or a combination of these or other methods; to all
of which List User consents and agrees to telemarket.
/s/ A C (Initial here)
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List User agrees that its use of the list shall comply with all federal, state
and local laws, statutes, rules, regulations and ordinances, and all
telemarketing or other marketing programs shall conform to generally recognized
standards of high integrity and good taste.
List User understands that there is no guarantee by Novus List Management or
List Owner as to the accuracy of the names, and they may contain a degree of
error such that the risk of any loss or injury shall be borne by List User. NLM
and the List Owner shall not be liable to any party for any loss of profits, or
consequential, incidental or punitive damages.
Payment terms are cash upon receipt of invoices unless other arrangements are
agreed to by both parties.
ALL OF THE ABOVE TERMS ARE BINDING ON ALL FUTURE LIST RENTALS, UNLESS
AMENDED IN WRITING BY BOTH PARTIES.
List User expressly agrees to be bound by the foregoing:
President
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List User Title
/s/ Xxxxxxx X. Xxxxxxxxx, Xx. XXXX XXXXXX DIRECT
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Authorized Signature Company Name
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Date & Order Number
