DATA USAGE TERMS

Client acknowledges that the Data shall at all times remain the intellectual property of TargetSmart and its licensors and third party data owners (collectively the “Data Owner”) who provided the Data to TargetSmart, and that Client has no proprietary rights whatsoever in the Data.

Permitted Uses / Restrictions:

Client may use the Data provided pursuant to this Agreement, subject to the following:

1. Client affirms that in using voter lists or copies thereof, Client or its affiliates will not use them for commercial, improper or illegal purposes. Client further affirms that in using the commercially sourced non-voter lists or copies thereof, Client or its affiliates will not use them for improper or illegal purposes and that the information.

2. Client and its affiliates acknowledge that users of the voter lists certify and affirm knowledge of and compliance with all laws and regulations that govern the acquisition and use of voter files and agree to abide by federal, state and local laws governing acceptable use of the voter file.

3. Client and its affiliates can use any and all parts of the file for any legitimate political purposes such as recognized political campaigns, voter registration drives, political voter contact, GOTV, political fundraising, or political polling and research as permitted under applicable local, state and federal laws and regulations.

4. Client and its affiliates are expressly prohibited from using any or all of the voter data for any non-political purpose. Client or its affiliates cannot allow the data in whole or part to be used to append any data element to any database that will be used for any non-political purpose as described above.

5. Client and its affiliates agres not to sell, transfer, trade, or give license to any of the voter or consumer data to any other entity, other than third-party processors and affiliates, without the knowledge or approval of TargetSmart Communications.

6. Client and its affiliates agree to complete any state or local affidavits or forms needed to legally use the voter files. As example, but not limited to, regulations in the state of California, which require an affidavit of permissible use, signed by the Secretary of State’s office which must be supplied by Client prior to receiving voter lists for that state. Client or its affiliates are responsible for fulfilling these requirements in California and/or other states with similar requirements.

7. All communications used in connection with any list created by or for Client or its affiliates derived from the voter file shall (i) be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; and (ii) comply with all applicable federal and state laws, rules and regulations; and (iii) not contain material that is threatening, hateful, or racially or ethnically objectionable.

8. TargetSmart reserves the right to review and pre-approve the Client’s or its affiliates' intended use of the data if TargetSmart has reason to believe that the Client or an affiliate are using the  information in a manner not permitted by this agreement.

9. Inquiries - Client shall be responsible for accepting and responding to any external inquiries arising out of Client’s use of TargetSmart data. No reference to TargetSmart shall be made in written or oral communication in responding to inquiries without TargetSmart’s prior written approval.