MONSTERCONNECT hereby grants CLIENT a license allowing access to MONSTERCONNECT's services for the duration of this Agreement.
2. Description of Service
MONSTERCONNECT provides sales prospecting solutions designed to identify and deliver prospects who are more likely to respond via phone or email (the "Services"). We do not guarantee specific results, including response rates or sales performance.
3. CLIENT Rights and Restrictions
During the Term of this Agreement, and upon CLIENT payment of all applicable fees, MONSTERCONNECT will enable CLIENT to access and use its system pursuant to and in accordance with the provisions of this Agreement and any Campaign Order, Campaign Agreement or Service Agreement.
MONSTERCONNECT reserves the right to prevent CLIENT from accessing its services if outstanding payments are due to MONSTERCONNECT from CLIENT.
CLIENT may not reverse engineer, decompile or otherwise attempt to analyze or decipher any software code in connection with the service or any other aspect of MONSTERCONNECT technology.
CLIENT must not modify any logo, branding or other identifying information on any MONSTERCONNECT software, user interface or documentation.
CLIENT may not resell, distribute, or otherwise use or allow use of any portion of the system on a timeshare or service bureau basis.
All data, insights, and information obtained or derived through the use of our Services are the sole property of MONSTERCONNECT.
CLIENT represents and warrants that its use of MONSTERCONNECT services shall comply with all applicable law.
CLIENT shall not access and/or use any portion of the system in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the operation of the system.
CLIENT agrees that no other rights are granted hereunder except as expressly set forth in this Agreement.
4. Term and Termination
Term - This Agreement shall commence on the date services are requested (including trial services) or a Campaign Order is placed by CLIENT.
Termination for Cause - either party may terminate this Agreement immediately if the other party breaches any of its obligations under this Agreement.
Effect of Termination - Upon termination of this Agreement, CLIENT will immediately discontinue all access to and use of the system and uninstall any system components.
5. Confidential Information
Each party acknowledges that during the Term it shall have access to the confidential information and trade secrets of the other party.
Each party agrees not to use or disclose the confidential information of the other.
The foregoing restrictions do not apply to any information that is in or becomes available in the public domain.
CLIENT will keep in strict confidence all passwords and other access information to the System.
6. Indemnification
CLIENT hereby agrees, at its sole expense, to indemnify and hold MONSTERCONNECT harmless from and against any loss, cost, damages, liability or expense, including but not limited to reasonable attorneys' fees.
7. Disclaimer of Warranties
CLIENT hereby acknowledges and agrees that the system is provided by MONSTERCONNECT on an "as is" basis, and CLIENT's access to and/or use of the system is at its sole risk.
MONSTERCONNECT expressly disclaims all warranties of any kind, whether express or implied.
8. Limitation of Liability
MONSTERCONNECT's maximum liability for any and all claims arising from or otherwise relating to this agreement shall be limited to the amount paid to MONSTERCONNECT during the twelve month period prior to the date of any claim.
9. General Terms
Successors and Assignees - This agreement binds and benefits the Company and assignees of the parties.
Notices - All notices must be in writing.
Governing Law - This agreement will be governed by and construed in accordance with the laws of the state of Indiana.
Modification – MONSTERCONNECT reserves the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting to our website. Continued use of the Services after modifications constitutes acceptance of the updated Terms.
Severability - If any court determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision.