The following Terms and Conditions (the ‘Terms’) shall apply to the services you (the “Advertiser”) for the WebID Marketing Solutions you have opted to avail from the Publisher as entioned
in the above/overleaf Contract Order Form.
PLEASE READ THE TERMS CAREFULLY. BY ACCEPTING THESE TERMS, EITHER BY SIGNING THIS DOCUMENT (if this document is a hard copy) OR CLICKING ON THE “ACCEPT”
BUTTON BELOW (if this document is an electronic copy), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. By
signing the Contract Order Form and you the Advertiser agree to these Terms, which will bind you the Advertiser and your representative, personnel and agents. If you do not agree
to these Terms, please do not sign and do not use the services (as specified/opted on the Order Form). Publisher and the Advertiser shall collectively be referred to as “Parties” and
individually as “Party”. The said Contract Order Form, Terms and the appendices (if any) shall form to be the entire agreement between the Parties hereof in respect of the
WebID Marketing Solutions and shall be hereinafter be referred as “Agreement”.

1. Scope.
   a. WebID Marketing Solutions will supply the Advertiser with a unique tracking pixel for their website. The advertiser is responsible for placing the tracking pixel on their website and WebID
   MS will not be held responsible for a delay in starting the campaign due to a delay in placing the tracking pixel. Once the tracking pixel is placed WebID MS will send the advertiser all
   available Audience Intelligence Data available for their website traffic as well as any additional services as described and outlined under Payment, Plan or Special Instructions Section.
   WebID MS will not be responsible for any services not listed in writing on the contract order form. By signing this Agreement, the Advertiser agrees to be personally responsible for
   payment(s) due or as shall accrue under this Agreement. Past due accounts will be charged a 10% late fee, plus any reasonable collection costs, including attorney’s fees. This
   Agreement constitutes the entire agreement between WebID Marketing Solutions and Advertiser. The Advertiser understands that campaigns are non-cancellable. No additional oral
   statements or agreements apply. If any invoice is not paid 45 days after the start of the advertisement date, the customer hereby authorizes the payment to be applied as an ACH debit
   to the customers checking, debit account, or credit card on file.
   b. Minimum Term: due to the nature of branding campaigns we recommend participating in the service for at least 6 months; however, WebID MS offers a no strings attached cancellation
   policy. Meaning you can cancel the service at any time after the first 3 months without any penalty. In order to cancel please notify us at least 5 business days before your monthly
   scheduled payment date by either calling our customer service team at 800-243-5067 or notify us in writing by emailing customerservice@webidms.net. Once your request is received
   we will cancel your service and billing for the next calendar month, if you cancel after 5 business days before your next scheduled payment we will process that payment and cancel
   your services for the following month after the request was received.
   c. OFFER CHANGES: For accounts enrolled in the Expanded Basic Plan or the Pro Plan a digital marketing coordinator will assist you with the proofing for your initial campaign set up.
   Any changes after the initial account setup is the advertiser’s responsibly. You can reach us at 800-243-5067 or email us at customerservice@webidms.net for any future campaign
   change requests.
   d. WebID MS reserves the right, at its sole discretion, to:
   i. modify and post these Terms at any time without prior notice;
   ii. suspend or terminate Advertiser’s account at any time, at its sole discretion, and without prior warning or refund if Advertiser’s account activity is reasonably believed to violate
   any of the Terms hereof or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against the Advertiser;
   iii. refuse service if the WebID MS believes that Advertiser’s conduct is harmful to the interests of WebID MS and/or any of its affiliates.
   e. WebID MS also provides services to import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type
   of messaging from advertiser. Proof of such specific consent is required as part of the certification process before the import of contact information. In addition, industry
   regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material
   described in this document.
   f. Packages: The Basic Package includes a tracking pixel, an account service support representative, and a weekly report of available audience intelligence data for up to 3,000
   website visitor’s per month. Additional visitor’s information can be purchased if you exceed 3,000 visitor’s information a month. Please note not all visitors will match our database and
   not all visitors will have a name, email address, mailing address and phone number. Expanded Basic Package includes everything from the Basic Package plus an additional 1,000
   visitor’s information per month for a total of up to 4,000 visitor’s information. Plus you also have a Digital Marketing Coordinator who will help craft up to 4 custom messages we can
   automate on your behalf to be sent to your Audience Intelligence Data matches for the month. Additional visitor’s information can be purchased if you exceed 4,000 visitor’s
   information a month. Please note not all visitors will match our database and not all visitors will have a name, email address, mailing address and phone number. Pro Package
   includes everything from the Expanded Basic Package plus an additional 1,000 visitor’s information per month for a total of up to 5,000 visitor’s information. Plus you also have the
   opportunity to send up to 150 postcards per month to your Audience Intelligence Data matches for the month. Additional visitor’s information can be purchased if you exceed 5,000
   visitor’s information a month. Please note not all visitors will match our database and not all visitors will have a name, email address, mailing address and phone number.
2. Compliance.
   a. WebID MS has a no-tolerance policy towards spam. Although WebID MS does not assume the duty or obligation to monitor messages, WebID MS reserves the right, in its sole and
   absolute discretion, to monitor any and all messages created or sent by the Advertiser or any third party at any time without prior notice to ensure that they conform to guidelines and
   policies pertaining to WebID’s services. All campaigns must conform to the latest available best-practice guidelines. Advertiser can review best practices published by the Mobile
   Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), the FAQ section on www.webidms.net and guidance regarding gathering
   and protecting your website visitor’s privacy including all applicable state and federal laws. The Advertiser agrees to review before using WebID Marketing Solutions. As an example,
   and without limitation, an SMS message must include “STOP” instructions.
   b. IMPORTANT we suggest listing a Privacy Policy: This could include your company’s opt-in disclosure shown below in all of your promotional materials in all media: website, printed
   material, digital and event promotions, broadcasts, and any other promotional material. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association
   (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your account without warning as well as third-party
   legal action.
   c. The following terms and information (ending at “Warranty Disclaimer”) constitute an introduction to the concept of spam and the general contours of a responsible campaign. This general
   information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to Advertiser’s/your use of WebID’ service. In the event of any conflict
   between the information below and any law or industry regulation, Advertiser shall observe the applicable law or regulation.
   i. What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send
   messages. Before using WebID’s service, you agree to review and abide by the following linked regulations and resources and to check for any revisions, as they may be
   amended over time.
   • https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
   • Telephone Consumer Protection Act 47 U.S.C. § 227
   • http://www.mmaglobal.com/documents/us-consumer-best-practices
   • https://www.wmcglobal.com/ctia-short-code-handbook
   ii. What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its
   collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differsdepending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations
   with the recipients. Purchasing a product or service from you, participating in an event with you, or “liking” or “following” your business on Facebook or Twitter does not constitute
   consent to receiving messages from you. If the Advertiser requires confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have
   sufficient consent and may not send messages to that contact.
   e. Advertiser represents that it will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with
   our service. It also agrees to comply with all local, state, and federal regulations as well as general practices governing Advertiser’s content or promotion type.
   f. Advertiser agrees and acknowledges that WebID’s services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes
   with or diminishes others’ use or enjoyment of the services is prohibited.
   g. The following list includes but not limited to the instances of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be
   considered exhaustive:
   i. Adversely affecting the availability, reliability, or stability of WebID’s services.
   ii. Using the services in any manner that may subject WebID’s or any third party to liability, damages, or danger. Using the services in any manner that violates any applicable
   third-party policy or requirement.
   iii. Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard. Promoting or
   engaging in any illegal activity, including but not limited to fraud, in any connection with your account.
   iv. Using any property or material trademarked or copyrighted by WebID in any manner other than those expressly permitted under these Terms of Use.
   v. In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights
   of publicity. Harvesting or otherwise collecting without consent personal information.
   vi. Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer
   Protection Act, and the Do-Not-Call Act.
   vii. Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail.
   viii. Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and
   E911) Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a
   misleading email address or phone number, and a forged header.
   ix. Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software.
   x. Interfering with or disrupting any network connected to WebID’s services or violating the regulations, policies, or procedures of any such network In addition to and without limitation to
   terms under the Acceptable Use Policy, WebID prohibits any use of the service in connection with any of the following types of content, products, and services:
   xi. Pornography, sexual products, otherwise sexually explicit material, and escort services. Illegal drugs and drug contraband.
   xii. Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age. Pirated computer programs, viruses, worms, Trojan horses, or other harmful
   code.
   xiii. Instructions or materials for the assembly of bombs or other weapons.
   xiv. Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the
   case of a minor). Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner.
   xv. On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age.
   xvi. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical
   sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips),
   mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college
   and professional sporting events).
   xvii. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial
   independence” offerings any libelous, defamatory, scandalous, threatening, or harassing activity.
   xviii. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality,
   disability, sexual orientation, or age Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any
   instruction, information, or assistance in causing or carrying out such violence.
   xix. Any product or service related to death (e.g., mortuaries and cemeteries).
   xx. Any product or service that is unlawful where such product or service or promotion thereof is received.
   xxi. Images of authors, artists, photographers, or others without prior express written consent form the content owner.
   xxii. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier.
3. Indemnity and Liability.
   a. The Advertiser hereby agrees to defend, indemnify, and hold harmless WebID Marketing Solutions and its business and technology partners, underlying technology creators,
   third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and
   against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any
   claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) any privacy or spam policy violation alleged
   to have been committed through any use of Advertiser’s WebID account, (iii) any other use of WebID’s service in any manner not authorized by these Terms, in violation of the
   restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure,
   failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to WebID’s system, records, data, or settings.
   b. The Advertiser agrees that WebID has the right to seek and recover all of its damages caused by it through any use of the service in an unlawful manner, in a manner that
   violates WebID’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this Agreement. Advertiser acknowledges that such
   damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. Advertiser further acknowledges and agrees that
   this provision will apply to all services from WebID Marketing Solutions and its affiliates whether or not WebID is notified of any possibility of such damages. The terms of this
   section shall survive the termination of this agreement regardless of the cause or nature of such termination.
   c. WEBID’S MARKETING SERVICE IS SOLELY AVAILABLE TO THE ADVERTISER BY VIRTUE OF EXECUTION OF THIS AGREEMENT. ACCORDINGLY, ADVERTISER’S REMEDY
   AGAINST THE PUBLISHER FOR ANY DAMAGE CAUSED TO THE ADVERTISER BY OR FROM (i) BUSINESS INTERRUPTION, (ii) LOSS OR INACCURACY OF INFORMATION,
   OR (iii) ADVERTISER’S USE OR INABILITY TO USE THE SERVICE SHALL BE SOLELY LIMITED TO CANCELLATION OF ADVERTISER’S REGISTRATION TO ACCESS THE
   SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE PUBLISHER WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
   THE ADVERTISER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM RELATING TO THE PROVISION OF THE SERVICE TO THE ADVERTISER
   AND THE PUBLISHER WOULD NOT ALLOW ACCESS AND USE OF THE SERVICE WITHOUT THIS LIMITATION.
4. Non-Circumvention. Advertiser acknowledges that Publisher’s business was built and is based on Publisher’s goodwill, public perception, and customer relations; that
   Publisher has spent considerable time and effort developing certain customers, sources, and other business contacts (“Publisher’s Contacts”), which provide it with a
   material competitive advantage; and that as a result of the ad services, Publisher has introduced Advertiser to Publisher’s Contacts, which otherwise would not have been
   known or available to Advertiser. In consideration of the foregoing, Advertiser represents and warrants that, for the duration of this Contract and for a period of two years
   thereafter, Advertiser shall not: (1) circumvent, avoid, or bypass Publisher, either directly or indirectly, in order to avoid payment of fees or commissions, or otherwise benefit,
   either financially or otherwise, from any information supplied to Advertiser in the context of any transaction with Publisher’s Contacts; (2) conduct business with any of
   Publisher’s Contacts, at any time or in any manner, without the prior written permission of Publisher; or (3) have any contact with Publisher’s Contacts, at any time or in any
   manner, without the prior written permission of Publisher. For the purpose of this Paragraph, the term “Advertiser” shall include any of Advertiser’s officers, directors,
   shareholders, employees, and other agents. Advertiser agrees the covenants contained in this Paragraph relate to matters which are of a special unique and extraordinary
   character and that Publisher cannot be reasonably or adequately compensated in damages in an action at law in the event Advertiser breaches any of the covenants in this
   Paragraph. Therefore, Advertiser agrees that Publisher shall be entitled, as a matter of course, without the need to prove irreparable injury, to an injunction, restraining order
   or other equitable relief from any court of competent jurisdiction, restraining any violation or threatened violation of any of such terms by Advertiser and such other persons
   as the court shall order, Advertiser agrees to pay costs and legal fees incurred by Publisher in obtaining such injunction.
5. Miscellaneous Terms.
   a. Any notice, demand or communication required or permitted to be given to either Party, shall be in writing and shall be sent either through overnight courier or certified mail to
   the addresses mentioned in the Contract Order Form.
   b. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina withoutgiving
   effect to any choice or conflict of law provision or rule of any other jurisdiction. Any claim or cause of action arising under this Agreement shall be brought only in the Federal
   Courts located in North Carolina and the parties hereby consent to the exclusive jurisdiction of the North Carolina courts.
   c. Advertiser may not assign the Agreement, in whole or in part (by operation of law or otherwise), without WebID’s prior written consent; Publisher may assign the Agreement in
   its sole discretion at any time without notice to the Advertiser. The obligations of Publisher under this Agreement may be provided or fulfilled by any subcontractor of Publisher.
   Subject to the foregoing, the Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
   d. Nothing in this Agreement prevents Publisher from seeking an immediate injunction or similar remedy from a court of competent jurisdiction to prevent or restrain breaches of
   the Agreement.
   e. No amendment or other variation of this Agreement shall be effective unless it is in writing, is dated, expressly refers to this Agreement, and is signed by a duly authorized
   representative of each Party.
   f. It is agreed between the Parties that the relationship of Publisher with the Advertiser is that of an independent contractor and that the obligations and responsibilities of Publisher
   to the Advertiser are limited to those specifically set forth herein. Nothing in this Agreement shall be deemed to create any agency, partnership, joint venture unincorporated
   association, co-operative entity or other joint relationship between the Parties hereto or constitute any Party the agent of the other Party for any purpose or entitle any Party to
   commit or bind the other Party in any manner or give rise to fiduciary duties by one Party in favor of the other Party.
   g. The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity
   or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or
   unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
   h. Neither Party shall be liable for any loss to the other Party caused by the failure to observe the terms and conditions of this Agreement, wherein such failure is occasioned by
   any cause beyond the other Party’s reasonable control i.e. occurrence of events such as act of God, war, insurrection, riot, fire, flood, epidemic, earthquake, strikes,
   lock-outs, labor controversy, civil commotion, act of terrorism, any change/repudiation of law, statute, act, rules, regulations, policies, bye-laws or similar cause. The Party
   having any such cause shall promptly notify the other Party in writing of the nature of such cause and the expected delay.
   If you have any questions, concerns, or comments about the Terms of Use, you may contact our customer service at 800-243-5067.
   Note: Please re-check the dates and amount values before submitting.
   The following Terms and Conditions (the ‘Terms’) shall apply to the services you (the “Advertiser”) for the WebID Marketing Solutions you have opted to avail from the Publisher as entioned
   in the above/overleaf Contract Order Form.
   PLEASE READ THE TERMS CAREFULLY. BY ACCEPTING THESE TERMS, EITHER BY SIGNING THIS DOCUMENT (if this document is a hard copy) OR CLICKING ON THE “ACCEPT”
   BUTTON BELOW (if this document is an electronic copy), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. By
   signing the Contract Order Form and you the Advertiser agree to these Terms, which will bind you the Advertiser and your representative, personnel and agents. If you do not agree
   to these Terms, please do not sign and do not use the services (as specified/opted on the Order Form). Publisher and the Advertiser shall collectively be referred to as “Parties” and
   individually as “Party”. The said Contract Order Form, Terms and the appendices (if any) shall form to be the entire agreement between the Parties hereof in respect of the
   WebID Marketing Solutions and shall be hereinafter be referred as “Agreement”.
6. Scope.
   a. WebID Marketing Solutions will supply the Advertiser with a unique tracking pixel for their website. The advertiser is responsible for placing the tracking pixel on their website and WebID
   MS will not be held responsible for a delay in starting the campaign due to a delay in placing the tracking pixel. Once the tracking pixel is placed WebID MS will send the advertiser all
   available Audience Intelligence Data available for their website traffic as well as any additional services as described and outlined under Payment, Plan or Special Instructions Section.
   WebID MS will not be responsible for any services not listed in writing on the contract order form. By signing this Agreement, the Advertiser agrees to be personally responsible for
   payment(s) due or as shall accrue under this Agreement. Past due accounts will be charged a 10% late fee, plus any reasonable collection costs, including attorney’s fees. This
   Agreement constitutes the entire agreement between WebID Marketing Solutions and Advertiser. The Advertiser understands that campaigns are non-cancellable. No additional oral
   statements or agreements apply. If any invoice is not paid 45 days after the start of the advertisement date, the customer hereby authorizes the payment to be applied as an ACH debit
   to the customers checking, debit account, or credit card on file.
   b. Minimum Term: due to the nature of branding campaigns we recommend participating in the service for at least 6 months; however, WebID MS offers a no strings attached cancellation
   policy. Meaning you can cancel the service at any time after the first 3 months without any penalty. In order to cancel please notify us at least 5 business days before your monthly
   scheduled payment date by either calling our customer service team at 800-243-5067 or notify us in writing by emailing customerservice@webidms.net. Once your request is received
   we will cancel your service and billing for the next calendar month, if you cancel after 5 business days before your next scheduled payment we will process that payment and cancel
   your services for the following month after the request was received.
   c. OFFER CHANGES: For accounts enrolled in the Expanded Basic Plan or the Pro Plan a digital marketing coordinator will assist you with the proofing for your initial campaign set up.
   Any changes after the initial account setup is the advertiser’s responsibly. You can reach us at 800-243-5067 or email us at customerservice@webidms.net for any future campaign
   change requests.
   d. WebID MS reserves the right, at its sole discretion, to:
   i. modify and post these Terms at any time without prior notice;
   ii. suspend or terminate Advertiser’s account at any time, at its sole discretion, and without prior warning or refund if Advertiser’s account activity is reasonably believed to violate
   any of the Terms hereof or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against the Advertiser;
   iii. refuse service if the WebID MS believes that Advertiser’s conduct is harmful to the interests of WebID MS and/or any of its affiliates.
   e. WebID MS also provides services to import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type
   of messaging from advertiser. Proof of such specific consent is required as part of the certification process before the import of contact information. In addition, industry
   regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material
   described in this document.
   f. Packages: The Basic Package includes a tracking pixel, an account service support representative, and a weekly report of available audience intelligence data for up to 3,000
   website visitor’s per month. Additional visitor’s information can be purchased if you exceed 3,000 visitor’s information a month. Please note not all visitors will match our database and
   not all visitors will have a name, email address, mailing address and phone number. Expanded Basic Package includes everything from the Basic Package plus an additional 1,000
   visitor’s information per month for a total of up to 4,000 visitor’s information. Plus you also have a Digital Marketing Coordinator who will help craft up to 4 custom messages we can
   automate on your behalf to be sent to your Audience Intelligence Data matches for the month. Additional visitor’s information can be purchased if you exceed 4,000 visitor’s
   information a month. Please note not all visitors will match our database and not all visitors will have a name, email address, mailing address and phone number. Pro Package
   includes everything from the Expanded Basic Package plus an additional 1,000 visitor’s information per month for a total of up to 5,000 visitor’s information. Plus you also have the
   opportunity to send up to 150 postcards per month to your Audience Intelligence Data matches for the month. Additional visitor’s information can be purchased if you exceed 5,000
   visitor’s information a month. Please note not all visitors will match our database and not all visitors will have a name, email address, mailing address and phone number.
7. Compliance.
   a. WebID MS has a no-tolerance policy towards spam. Although WebID MS does not assume the duty or obligation to monitor messages, WebID MS reserves the right, in its sole and
   absolute discretion, to monitor any and all messages created or sent by the Advertiser or any third party at any time without prior notice to ensure that they conform to guidelines and
   policies pertaining to WebID’s services. All campaigns must conform to the latest available best-practice guidelines. Advertiser can review best practices published by the Mobile
   Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), the FAQ section on www.webidms.net and guidance regarding gathering
   and protecting your website visitor’s privacy including all applicable state and federal laws. The Advertiser agrees to review before using WebID Marketing Solutions. As an example,
   and without limitation, an SMS message must include “STOP” instructions.
   b. IMPORTANT we suggest listing a Privacy Policy: This could include your company’s opt-in disclosure shown below in all of your promotional materials in all media: website, printed
   material, digital and event promotions, broadcasts, and any other promotional material. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association
   (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your account without warning as well as third-party
   legal action.
   c. The following terms and information (ending at “Warranty Disclaimer”) constitute an introduction to the concept of spam and the general contours of a responsible campaign. This general
   information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to Advertiser’s/your use of WebID’ service. In the event of any conflict
   between the information below and any law or industry regulation, Advertiser shall observe the applicable law or regulation.
   i. What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send
   messages. Before using WebID’s service, you agree to review and abide by the following linked regulations and resources and to check for any revisions, as they may be
   amended over time.
   • https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
   • Telephone Consumer Protection Act 47 U.S.C. § 227
   • http://www.mmaglobal.com/documents/us-consumer-best-practices
   • https://www.wmcglobal.com/ctia-short-code-handbook
   ii. What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its
   collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differsdepending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations
   with the recipients. Purchasing a product or service from you, participating in an event with you, or “liking” or “following” your business on Facebook or Twitter does not constitute
   consent to receiving messages from you. If the Advertiser requires confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have
   sufficient consent and may not send messages to that contact.
   e. Advertiser represents that it will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with
   our service. It also agrees to comply with all local, state, and federal regulations as well as general practices governing Advertiser’s content or promotion type.
   f. Advertiser agrees and acknowledges that WebID’s services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes
   with or diminishes others’ use or enjoyment of the services is prohibited.
   g. The following list includes but not limited to the instances of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be
   considered exhaustive:
   i. Adversely affecting the availability, reliability, or stability of WebID’s services.
   ii. Using the services in any manner that may subject WebID’s or any third party to liability, damages, or danger. Using the services in any manner that violates any applicable
   third-party policy or requirement.
   iii. Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard. Promoting or
   engaging in any illegal activity, including but not limited to fraud, in any connection with your account.
   iv. Using any property or material trademarked or copyrighted by WebID in any manner other than those expressly permitted under these Terms of Use.
   v. In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights
   of publicity. Harvesting or otherwise collecting without consent personal information.
   vi. Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer
   Protection Act, and the Do-Not-Call Act.
   vii. Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail.
   viii. Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and
   E911) Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a
   misleading email address or phone number, and a forged header.
   ix. Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software.
   x. Interfering with or disrupting any network connected to WebID’s services or violating the regulations, policies, or procedures of any such network In addition to and without limitation to
   terms under the Acceptable Use Policy, WebID prohibits any use of the service in connection with any of the following types of content, products, and services:
   xi. Pornography, sexual products, otherwise sexually explicit material, and escort services. Illegal drugs and drug contraband.
   xii. Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age. Pirated computer programs, viruses, worms, Trojan horses, or other harmful
   code.
   xiii. Instructions or materials for the assembly of bombs or other weapons.
   xiv. Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the
   case of a minor). Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner.
   xv. On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age.
   xvi. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical
   sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips),
   mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college
   and professional sporting events).
   xvii. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial
   independence” offerings any libelous, defamatory, scandalous, threatening, or harassing activity.
   xviii. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality,
   disability, sexual orientation, or age Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any
   instruction, information, or assistance in causing or carrying out such violence.
   xix. Any product or service related to death (e.g., mortuaries and cemeteries).
   xx. Any product or service that is unlawful where such product or service or promotion thereof is received.
   xxi. Images of authors, artists, photographers, or others without prior express written consent form the content owner.
   xxii. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier.
8. Indemnity and Liability.
   a. The Advertiser hereby agrees to defend, indemnify, and hold harmless WebID Marketing Solutions and its business and technology partners, underlying technology creators,
   third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and
   against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any
   claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) any privacy or spam policy violation alleged
   to have been committed through any use of Advertiser’s WebID account, (iii) any other use of WebID’s service in any manner not authorized by these Terms, in violation of the
   restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure,
   failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to WebID’s system, records, data, or settings.
   b. The Advertiser agrees that WebID has the right to seek and recover all of its damages caused by it through any use of the service in an unlawful manner, in a manner that
   violates WebID’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this Agreement. Advertiser acknowledges that such
   damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. Advertiser further acknowledges and agrees that
   this provision will apply to all services from WebID Marketing Solutions and its affiliates whether or not WebID is notified of any possibility of such damages. The terms of this
   section shall survive the termination of this agreement regardless of the cause or nature of such termination.
   c. WEBID’S MARKETING SERVICE IS SOLELY AVAILABLE TO THE ADVERTISER BY VIRTUE OF EXECUTION OF THIS AGREEMENT. ACCORDINGLY, ADVERTISER’S REMEDY
   AGAINST THE PUBLISHER FOR ANY DAMAGE CAUSED TO THE ADVERTISER BY OR FROM (i) BUSINESS INTERRUPTION, (ii) LOSS OR INACCURACY OF INFORMATION,
   OR (iii) ADVERTISER’S USE OR INABILITY TO USE THE SERVICE SHALL BE SOLELY LIMITED TO CANCELLATION OF ADVERTISER’S REGISTRATION TO ACCESS THE
   SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE PUBLISHER WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
   THE ADVERTISER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM RELATING TO THE PROVISION OF THE SERVICE TO THE ADVERTISER
   AND THE PUBLISHER WOULD NOT ALLOW ACCESS AND USE OF THE SERVICE WITHOUT THIS LIMITATION.
9. Non-Circumvention. Advertiser acknowledges that Publisher’s business was built and is based on Publisher’s goodwill, public perception, and customer relations; that
   Publisher has spent considerable time and effort developing certain customers, sources, and other business contacts (“Publisher’s Contacts”), which provide it with a
   material competitive advantage; and that as a result of the ad services, Publisher has introduced Advertiser to Publisher’s Contacts, which otherwise would not have been
   known or available to Advertiser. In consideration of the foregoing, Advertiser represents and warrants that, for the duration of this Contract and for a period of two years
   thereafter, Advertiser shall not: (1) circumvent, avoid, or bypass Publisher, either directly or indirectly, in order to avoid payment of fees or commissions, or otherwise benefit,
   either financially or otherwise, from any information supplied to Advertiser in the context of any transaction with Publisher’s Contacts; (2) conduct business with any of
   Publisher’s Contacts, at any time or in any manner, without the prior written permission of Publisher; or (3) have any contact with Publisher’s Contacts, at any time or in any
   manner, without the prior written permission of Publisher. For the purpose of this Paragraph, the term “Advertiser” shall include any of Advertiser’s officers, directors,
   shareholders, employees, and other agents. Advertiser agrees the covenants contained in this Paragraph relate to matters which are of a special unique and extraordinary
   character and that Publisher cannot be reasonably or adequately compensated in damages in an action at law in the event Advertiser breaches any of the covenants in this
   Paragraph. Therefore, Advertiser agrees that Publisher shall be entitled, as a matter of course, without the need to prove irreparable injury, to an injunction, restraining order
   or other equitable relief from any court of competent jurisdiction, restraining any violation or threatened violation of any of such terms by Advertiser and such other persons
   as the court shall order, Advertiser agrees to pay costs and legal fees incurred by Publisher in obtaining such injunction.
10. Miscellaneous Terms.
    a. Any notice, demand or communication required or permitted to be given to either Party, shall be in writing and shall be sent either through overnight courier or certified mail to
    the addresses mentioned in the Contract Order Form.
    b. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina withoutgiving
    effect to any choice or conflict of law provision or rule of any other jurisdiction. Any claim or cause of action arising under this Agreement shall be brought only in the Federal
    Courts located in North Carolina and the parties hereby consent to the exclusive jurisdiction of the North Carolina courts.
    c. Advertiser may not assign the Agreement, in whole or in part (by operation of law or otherwise), without WebID’s prior written consent; Publisher may assign the Agreement in
    its sole discretion at any time without notice to the Advertiser. The obligations of Publisher under this Agreement may be provided or fulfilled by any subcontractor of Publisher.
    Subject to the foregoing, the Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
    d. Nothing in this Agreement prevents Publisher from seeking an immediate injunction or similar remedy from a court of competent jurisdiction to prevent or restrain breaches of
    the Agreement.
    e. No amendment or other variation of this Agreement shall be effective unless it is in writing, is dated, expressly refers to this Agreement, and is signed by a duly authorized
    representative of each Party.
    f. It is agreed between the Parties that the relationship of Publisher with the Advertiser is that of an independent contractor and that the obligations and responsibilities of Publisher
    to the Advertiser are limited to those specifically set forth herein. Nothing in this Agreement shall be deemed to create any agency, partnership, joint venture unincorporated
    association, co-operative entity or other joint relationship between the Parties hereto or constitute any Party the agent of the other Party for any purpose or entitle any Party to
    commit or bind the other Party in any manner or give rise to fiduciary duties by one Party in favor of the other Party.
    g. The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity
    or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or
    unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
    h. Neither Party shall be liable for any loss to the other Party caused by the failure to observe the terms and conditions of this Agreement, wherein such failure is occasioned by
    any cause beyond the other Party’s reasonable control i.e. occurrence of events such as act of God, war, insurrection, riot, fire, flood, epidemic, earthquake, strikes,
    lock-outs, labor controversy, civil commotion, act of terrorism, any change/repudiation of law, statute, act, rules, regulations, policies, bye-laws or similar cause. The Party
    having any such cause shall promptly notify the other Party in writing of the nature of such cause and the expected delay.
    If you have any questions, concerns, or comments about the Terms of Use, you may contact our customer service at 800-243-5067.
    Note: Please re-check the dates and amount values before submitting.