InvestorPlace Media, LLC
LIST RENTAL AGREEMENT
Date _______________________

This List Rental Agreement ("Agreement") is entered into by ___________________________ ("List Renter"), and InvestorPlace Media, LLC. (InvestorPlace). 

This Agreement governs the terms for List Renter's rental from InvestorPlace of the lists specified on the purchase orders to be submitted pursuant to the Agreement, beginning with purchase order number _________________________. The following defined terms are used in this Agreement:

  1. a. List Renter is the person specified above, which is the only person authorized to use the List.
  2. b. List Broker is the party serving as the agent of List Renter for the purpose of renting the List from InvestorPlace.
  3. c. The List refers individually to the particular list described in the applicable purchase order, and refers collectively to all lists rented pursuant to purchase orders submitted under this Agreement.

By acceptance of this Agreement, the parties agree that:

  1. The terms and conditions set forth herein will apply to all rentals of the List by List Renter from InvestorPlace, including the purchase order submitted with this Agreement and all subsequent purchase orders submitted by List Renter. Actual orders for the rental of a List will be placed on purchase orders, which must be signed by either List Renter or List Broker. Each purchase order will constitute a one-time rental of the applicable List by List Renter from InvestorPlace. The purchase order will provide the List Renter's single maildate which is subject to the approval of InvestorPlace. Facsimile signatures will be accepted by all parties. InvestorPlace reserves the right to refuse any proposed purchase order for any reason whatsoever.
  2. The List is unique and cannot be readily compiled from materials available to the general public. The List, including all names and addresses contained therein and the copyright of InvestorPlace with respect thereto, will at all times remain the sole and exclusive property of InvestorPlace (and/or any third party from whom InvestorPlace has obtained its rights to the List). Neither List Renter nor any of its employees, agents or contractors may reproduce the List or any portion of the List in any form, except for usage by mailing houses in connection with mailings to persons on the List.
  3. InvestorPlace has seeded the List with decoy names and addresses to detect and prevent improper and unauthorized usage. List Renter agrees that InvestorPlace will monitor the List to prevent improper or unauthorized use. Neither List Renter nor any of its employees, agents or contractors will use any method to detect, remove or alter decoy names and addresses.
  4. List Renter will furnish InvestorPlace with samples of all proposed mailing pieces to be mailed to the persons named in the applicable List. InvestorPlace will approve or disapprove all mailing pieces within 10 days of receipt. No deviation in or alteration of any approved mailing may be made without InvestorPlace's written consent. The one-time use of the List is limited solely and exclusively to the offer and package described in the approved sample mailing piece.
  5. Except as otherwise agreed in writing, upon completion of the one-time usage pursuant to a purchase order, List Renter will dispose of or return to InvestorPlace all magnetic tapes, diskettes and other material furnished by InvestorPlace. List Renter will not at any time disclose, transfer, duplicate, reproduce or retain the List or any portion of the List in any form or manner whatsoever, nor will List Renter permit any employee, agent, contractor or other third party to do so, whether the List is on labels, magnetic tape, diskette or otherwise.
  6. Neither List Renter nor any of its employees, agents or contractors will, in any mailing (including promotional pieces) or in any other way, mention the name of, or make any reference to, InvestorPlace or any of its trademarks and service marks, any editor, or any InvestorPlace publication or other InvestorPlace product associated with any List, nor will List Renter or any of its employees, agents or contractors mention or make reference to any comment or remark written or spoken by any editor or other InvestorPlace personnel associated with any List without InvestorPlace's prior written consent.
  7. The List is being rented solely for purposes of mailings to persons on the List. Accordingly, personal and/or telephone, fax or electronic solicitation of any person whose name and address is included on the List by List Renter, or any employee, agent, contractor or other third party associated with List Renter, is prohibited without InvestorPlace's prior written consent.
  8. Since the violation by List Renter or any of its employees, agents or contractors of any of the provisions of paragraphs 1 through 7 above would cause InvestorPlace irreparable damage which would be difficult if not impossible to measure, the parties agree that if List Renter or any of its employees, agents or contractors takes any action in violation of any of the provisions of paragraphs 1 through 7 above, List Renter will pay InvestorPlace for each violation, as liquidated damages and not as a penalty, an amount equal to eight (8) times the aggregate rental price due under this Agreement for rental of the specific List that is the subject of the violation. These liquidated damages will be an additional remedy, and will not be a limitation to any other remedy available to InvestorPlace. Consistent with the foregoing, should List Renter or any of its employees, agents or contractors engage in or perform, either directly or indirectly, any of the acts prohibited by paragraphs 1 through 7 above, it is agreed that InvestorPlace will be entitled to (a) recover from List Renter all costs and expenses incurred by InvestorPlace in the enforcement of its rights (including attorneys' fees), and (b) full injunctive relief, to be issued by any court of competent jurisdiction, enjoining and restraining List Renter, and all other persons associated with List Renter, from continuing such violative acts.
  9. PPI reserves the right to request access to List Renter's lists pursuant to a reciprocal agreement. List Renter agrees to allow PPI access to their list for new launches 6 months or 5,000 names from original order date. If List Renter does not permit reciprocal rental, PPI has the right to immediately terminate all rights of List Renter to the List or, alternatively, to charge a non-reciprocal premium rental price of $30/M for the List.
  10. List Renter agrees to indemnify, defend and hold harmless InvestorPlace, its employees, agents and affiliates, from all claims, damages, losses or expenses, however incurred, relating to any violation of this Agreement by List Renter, any of its employees, agents or contractors, or any other person associated with List Renter.
  11. List Renter agrees to make full payment for each one-time rental of the List within 30 days of the maildate unless alternate terms have been agreed to by both parties. If cancellation of a List purchase order is made after the purchase order is processed, a running charge of $10.00 per thousand names will be due immediately. If cancellation of a List purchase order is made after the maildate, the purchase order must be paid in full. In the event of cancellation, all magnetic tapes, diskettes and other material must be returned to InvestorPlace. All cancellations must be in writing.
  12. List Renter shall have full responsibility for all actions of any of its employees, agents or contractors with respect to the List and/or the performance of this Agreement. InvestorPlace will have no responsibility whatsoever for the outcome of any of List Renter's mailings.
  13. Unless caused by InvestorPlace's gross negligence or willful misconduct, InvestorPlace's entire liability under this Agreement for any cause whatsoever (whether in contract or in tort) will be limited to general money damages actually incurred by List Renter (and no other relief), in an amount not to exceed the aggregate rental payments theretofore paid by List Renter for all one-time rentals of the specific List that is the subject of the violation. UNDER NO CIRCUMSTANCES WILL InvestorPlace BE LIABLE FOR ANY LOST PROFITS, ANY CLAIM OR DEMAND AGAINST LIST RENTER OR LIST BROKER BY ANY OTHER PARTY, OR SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, EVEN IF InvestorPlace HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES BY THE LIST RENTER.
  14. This Agreement is to be construed under the laws of the State of Maryland, and, together with all purchase orders that may be submitted under this Agreement, constitutes the entire agreement of the parties with respect to its subject matter. This Agreement may be modified only by written amendment signed by authorized officers of all parties.

I, the undersigned, have read and understand the fourteen points listed above.

LIST RENTER
 		      LIST OWNER/MANAGER
 
____________________________________      InvestorPlace Media, LLC
Firm Name      Firm Name
 
____________________________________      ____________________________________
Authorized Signature      Authorized Signature
 
____________________________________      ____________________________________
Print Name and Title      Print Name and Title
 
____________________________________      ____________________________________
Date      Date

List Rental Agreement Rev. 02/07