Terms & Conditions

ProPhase Marketing (PPM) makes no warranty or representation that its program will meet Merchant’s requirements for generating customer loyalty. PPM makes no warranty or representation that its program will produce specific response rates or sales results. CLIENT will receive copies of all sample materials for their records, in the Start-Up Kit. CLIENT agrees to allow samples, name, logo, and testimonials in ProPhase Marketing advertising and marketing. To opt out, please contact Merchant Services. Billing for setup fees is done immediately. Program Start Date and monthly fees will begin upon receipt of your Start-Up Kit. If you cancel your program between setup and prior to your Program Start Date, setup fees apply.

TERMS AND CONDITIONS STATEMENT:

CLIENT authorizes PPM to bill credit card or debit card, checking or savings account listed, every month my account ranges from $0.01 to $10,000.00, for all services received during the previous month and the next month’s database fee. If amount due exceeds this range, PPM will notify CLIENT prior to billing. CLIENT will be subject to a $20.00 late payment fee if bill is over 25 days past due. If account is placed on hold, a $50.00 reactivation fee will be added to bill upon reactivation of my account. Billing will occur on the 1st of every month unless otherwise agreed. If annual pre-payment has been selected, billing will occur annually with automatic renewal and
PPM will attempt to debit the billing account provided us.

CLIENT agrees to notify PPM if CLIENT cancels the credit card or checking/savings account on file or receives a new card to provide new/updated information for billing purposes.

CLIENT understands that PPM will invoice all charges per this Terms and Conditions agreement. CLIENT understands that PPM may communicate important information about my program and membership via mail, phone, fax, SMS, IM or e-mail.

CLIENT is responsible for any damage to the equipment outside of normal day-to-day wear and tear. CLIENT is responsible for any personal injury resulting from the misuse of the equipment.

If CLIENT cancels PPM Services and do not return the data collection tablet(s) to PPM, a charge per each tablet in my possession will be collected via credit card or checking/savings account debit. CLIENT agrees that all payments will be made in USD (US dollars).

Both parties agree that all information exchanged must be regarded as confidential and proprietary.

All customer lists generated from the operation of CLIENT program shall remain the property of the CLIENT. PPM will act as “custodian” for this information. PPM will not sell or rent customer information without express permission for any reason other than to assist with communicating with customers.

CLIENT must be completely satisfied with programs or PPM will arrange to have all equipment and materials returned to at any time during the first sixty (60) days from shipment of kit.  If you have selected annual pre-payment and are not completely satisfied, PPM will refund 80% of your pre-payment amount if notified before account becomes Active; once Active, no refund will be given.

All month to month pricing, unless otherwise noted, is subject to change with thirty (30) days written notice. All annual pricing, unless otherwise noted, is subject to change on an annual basis with thirty (30) days notice.

If a merchant with an online sales presence exceeds 10,000 members to increase database fee based on the number of loyalty members. We reserve the right to adjust your database fee if your sent emails exceed 50,000 per month per location.

Additional equipment and materials may be ordered for a fee at any time.

The term of this Agreement shall begin upon acceptance of service and setup fees. Monthly fees will begin three weeks after startup kit arrives or upon receipt of first transaction or profile record, whichever occurs first, and shall continue until we receive cancellation notification from the Merchant for month to month service. Contract service requires a notification of cancellation thirty (30) days from renewal date. If no cancellation notice is received CLIENT account will automatically renew.

All notices required or permitted in this Agreement shall be in writing and sent to CLIENT and PPM at the addresses stated in this Agreement or to the addresses as either party may from time to time advise in writing. This Agreement, together with any attachments hereto, represents the only Agreement between the parties concerning the subject matter hereof and supersedes all prior representations, understandings, and agreements, whether written or oral, and may not be altered, amended, or modified, except by formal agreement in writing from both parties. No modification or amendment of this agreement shall be effective unless in writing, agreed upon, and signed by both parties.

Warranty, Disclaimer, Assumption of Risk, and Indemnification of Software and Services for ProPhase Marketing, LLC

DEFINITION: The term “person” as used in this section includes not only a natural person but any entity, (including natural persons), who holds a copyright in, or published, developed, designed, modified, distributed, redistributed, or in any way contributed to this software or marketing program.

NO WARRANTIES: To the extent permitted by applicable law, neither ProPhase Marketing, LLC, nor any person, either expressly or implicitly, warrants any aspect of this software or marketing program, including any output or results of this software or marketing program. Direct Mail comes with risk. ProPhase Marketing, LLC does not guarantee results from a direct mail campaign. You, the Customer, acknowledges that ProPhase Marketing’s responsibility is limited to preparing mail pieces and completing delivery to the United States Postal Service®. Customer acknowledges that ProPhase Marketing, LLC shall not be liable for USPS performance failures or delivery delays. Unless agreed to in writing, this software and marketing program is being provided “As Is”, without any warranty of any type or nature, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and any warranty that this software or program is free from defects.

ASSUMPTION OF RISK: The risk of any and all loss, damage, or unsatisfactory performance of this software or marketing program rests with you as the user. To the extent permitted by law, neither ProPhase Marketing, LLC, nor any person either expressly or implicitly, makes any representation or warranty regarding the appropriateness of the use, output, or results of the use of this software or marketing program in terms of its correctness, accuracy, reliability, being current or otherwise. Nor do they have any obligation to correct errors, make changes, support this software or program, distribute updates, or provide notification of any error or defect, known or unknown. If you rely upon this software or marketing program, you do so at your own risk, and you assume the responsibility for the results. Should this software or marketing program prove defective, you assume the cost of all losses, including, but not limited to, any necessary servicing, repair or correction of any property involved.

DISCLAIMER: In no event, unless required by applicable law or agreed to in writing, shall ProPhase Marketing, LLC, or any person be liable for any loss, expense or damage, of any type or nature arising out of the use of, or inability to use this software or marketing program, including, but not limited to, claims, suits or causes of action involving alleged infringement of copyrights, patents, trademarks, trade secrets, or unfair competition.

INDEMNIFICATION: To the extent permitted by law through your usage, you, the user, agree to indemnify and hold harmless ProPhase Marketing, LLC, its officials and employees, and any person from and against all claims, liabilities, losses, causes of action, damages, judgments, and expenses, including the reasonable cost of attorneys’ fees and court costs, for injuries or damages to the person or property of third parties, including, without limitations, consequential damages and economic losses, that arise out of or in connection with your use, modification, or distribution of this software or program, its output, or any accompanying documentation.

Last updated April 2017