terms & conditions
All orders submitted to and accepted by American Student Marketing are with the
express understanding that the broker and/or client (mailer) 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
should review these Terms and Conditions on the day of their order. These Terms
and Conditions supercede any and all other terms and conditions, including those
contained within or noted on the client's order (mailer and/or broker), any prior
agreement between the parties, those found on any listing service's website (such
as MIN) 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.
List Usage
Lists are rented for a one-time use only. Lists may not be duplicated, reproduced
or transferred without prior written authorization from American Student Marketing.
By their orders, brokers/mailers agree that they will adhere to the foregoing restrictions
and any other guidelines posted in or with these Terms and Conditions. American
Student Marketing lists are protected against unauthorized use. Any use of lists
not compliant with these Terms and Conditions will be subject to additional billing
and/or damages.
Reuse of Lists
Lists may be available for unlimited usage for one year. Click here
to inquire about pricing and terms.
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).
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. Orders are typically shipped via
FedEx 2 Day service unless otherwise specified by the broker/client. Orders may
also be delivered via email or FTP. 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.
Sample Mailing Piece/Telemarketing Script
Sample mailing piece/telemarketing script is required for approval prior to shipping
initial order and any subsequent reuse. For email file, a sample email message (HTML
and text) is required prior to order. Click here to email samples.
Pricing Payment
American Student Marketing’s pricing of the lists and its services in effect on
the date of order acceptance shall govern and supercede 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. If American Student Marketing is required to hire a lawyer
or collection agency to collect on orders, broker/mailer shall also be liable for
attorneys fees and other costs of collection.
Guarantee of Payment
Each order submitted to American Student Marketing is submitted with the expressed
understanding that payment for the order is guaranteed by the submitting party,
independent of any broker, client or mailer payments and regardless of any relationship
between a broker, client or mailer. Payment is due American Student Marketing net/30
days after the date of the invoice. If the submitting party is not in agreement
with this guarantee of payment, they should not submit an order at American Student
Marketing.
Cancellation Policy
The parties hereby understand and agree that all orders (list rental orders, postal
orders, insertion orders) are non-cancelable upon our delivery of the data file.
Full payment is required for all orders cancelled on or after delivery of the 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.
Accuracy of List Counts
Lists are continually being updated in real-time. 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. We 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 advertisements to the records contained in
its lists, but we cannot guarantee deliverability to telephone numbers, addresses,
email accounts or other records. However, broker/client is only charged for those
numbers, addresses, accounts and records which are accurate or otherwise working
or in service. American Student Marketing will not be liable for any direct, indirect,
incidental, special or consequential damages sustained through the use of our list
and in no event shall American Student Marketing’s liability, if any, exceed the
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 lists
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
lists or any transmission is error-free or not subject to bugs or viruses.
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.