Target Prospecting Program (Program) & Target Prospecting Reports (Reports)
Program Cost:
The base monthly program fee is $49.00 for the first three property types or sub-property types selected for your report(s). There is an additional monthly fee of $5.00 for each additional property type or sub-property type selected beyond the first three property types or sub-property types selected. All Target Prospecting Program (Program) fees will be billed upon acceptance of these terms and conditions. Enrollment in the Program is for a minimum of one (1) year. All Target Prospecting Reports (Reports) are mailed USPS standard rate at a cost of $1.38 per report. Agent may choose to mail USPS first class rate for an additional $0.13 per Report. Volume discounts are $0.05 per Report when mailing more than 500 ($1.33 ea.) and $0.10 per Report when mailing more than 1,000 ($1.28 ea.). Datacore, a RSP-USA, INC. company, reserves the right to increase the cost per Report and monthly Program fees with 30 days’ notice.
Minimum Mailing Quantity and Frequency:
Reports must be mailed a minimum of every 60 days or six (6) times per year (annual contract) to a minimum of 300 commercial owners each mailing cycle. Agents may choose to mail more frequently and to more commercial owners, as desired. Reports are mailed via the USPS using standard rate delivery.
Cancellation Fee:
Once a participating agent agrees to the Program terms and conditions, they will receive access to the Program site. If an agent withdraws from the Program prior to mailing Reports or within the first three (3) Report mailing cycles, there is a cancelation fee of $500.00. Agents withdrawing from the Program after three (3) Report mailing cycles, but before the sixth (6TH) Report mailing cycle, will be charged a $250.00 cancelation fee. All cancellation requests must be made, in writing, 30 days prior to the next scheduled Report mailing cycle. Agents must mail their first Report within 60 days of receipt of their access to the Program site. If agent withdraws from the Program prior to mailing their first Report, agent will be subject to forfeiture of their Program access and will be charged a cancellation fee equal to $500.00, plus $1.00 per name on the mail list.
Billing:
Each Report mailing cycle is billed when they are prepared for review and approval by the mailing agent. You have up to 60 days from the time you are assigned access to the Program site to assist us in getting your reports printed/mailed. The base monthly program fee is billed each month during the annual contract.
In the event a Report has not gone to print, any requests by you to pull a Report after you have approved and paid for the design will result in a $25.00 fee for re-processing the job. In the event the Report was printed but not yet mailed, you will be responsible for paying $0.43 per piece in addition to the original per piece cost if you wish to send out a revised Report. It is possible some of the Reports you request to be pulled may still end up being mailed, as thousands of Reports must be sorted by hand, and some might be missed despite our best reasonable efforts to remove them.
Follow Up Phone Numbers and Email Addresses:
Follow up phone numbers and email addresses will be made available for land lines, cell phone numbers, and email addresses of property owners on mailings lists every report mail cycle, per property type or sub-property type. The phone numbers and email addresses will be delivered to agent after the initial mail list is approved by agent on the first mail cycle, and after every mail cycle, at no charge.
Use of Provided Phone and Email Lists:
Agent understands and agrees that Datacore may provide, with other products/services supplied by Datacore to agent, telephone numbers and email addresses of consumers to which the agent is sending Reports. Datacore does not guarantee a phone number or email address for each property owner on agent’s approved mail list(s). Datacore uses commercially reasonable efforts to identify which of the telephone numbers supplied by Datacore to agent are registered under one or more of the DNC Lists ("Do Not Call" lists maintained by the Federal Trade Commission, a state agency, and/or the Direct Marketing Association). In using the materials supplied by Datacore, agent represents and warrants that agent will comply with any and all federal and state laws, rules, or regulations regarding telephone solicitations and Do Not Call requirements. Agent shall indemnify, defend, and hold harmless Datacore and its representatives, successors, and permitted assigns from and against any and all claims made or threatened by any third party and all related losses, expenses, damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense, regardless of the theory of liability or the nature of the legal proceeding ("Damages"), to the extent such Damages arise out of or relate to any failure by Agent to fulfill any compliance requirement or obligation of Customer under any federal or state law, rule, or regulation relating to telephone solicitations or Do Not Call requirements.
Prospecting Report Branding:
Agency Branding - All Reports are designed and branded for an entire agency’s use and previously reviewed and approved by agency management. All agency branded designs are available at no cost to the mailing agent.
Custom Branding – A complete custom design for Report(s), albeit within the structure of our Report design, is included in the Program. Agents may add a personal logo, image, other artwork, or replace any “theme” images of agency-branded Reports while maintaining the approval agency-branded design and color schemes. Custom Branding includes the preparation of your supplied photos, images and design requests within the Report layout. You may choose any background imagery from our extensive library that we utilize to create your customized look. Any request for specific imagery that we do not have in our library needs to be supplied to us. There are several design templates that you may choose to apply to your Report’s Custom Branding design, or you can elect to provide us with your own artwork within our size guidelines. Once you have selected your design elements and finalized your Custom Branding, a member of our creative staff will review and ‘proof’ your design. You will receive the first draft of your Custom Branding design within 15 business days of receipt of design proof. After receipt of Custom Branding proofs, you will be allowed up to two (2) rounds of creative revisions.
A concierge custom design is also available. A member of our creative staff will take your information and provided photos to create a unique Custom Branding design for your Report. Once we receive a completed branding survey issued to you and any artwork needed, branding will be scheduled. You will receive the first draft of your Custom Branding design within 15 business days of being scheduled. After receipt of Custom Branding proofs, you will be allowed up to two (2) rounds of creative revisions.
Should you not be able to provide information and/or photos to allow Custom Branding to be completed within 60 days of your program start, Agency Branding will be put in place in order to begin your Program marketing effort and remain compliant with the 60-day mailing frequency requirement associated with Reports.
Beyond two (2) rounds of creative revisions, all additional creative revisions to any branding option may incur additional design fees at the rate of $100.00/hour with a minimum billing of $25.00 for 15 minutes. All marketing materials supplied through Datacore are copyrighted and are to be used solely with this system. Datacore retains all ownership of personal branding files, but upon request, can provide ownership to you for an additional fee, with the exception of our proprietary template files.
Protection under U.S. Copyright and Patent Law
Agency Branding - All Reports are designed and branded for an entire agency’s use and previously reviewed and approved by agency management. All agency branded designs are available at no cost to the mailing agent.
Custom Branding – A complete custom design for Report(s), albeit within the structure of our Report design, is included in the Program. Agents may add a personal logo, image, other artwork, or replace any “theme” images of agency-branded Reports while maintaining the approval agency-branded design and color schemes. Custom Branding includes the preparation of your supplied photos, images and design requests within the Report layout. You may choose any background imagery from our extensive library that we utilize to create your customized look. Any request for specific imagery that we do not have in our library needs to be supplied to us. There are several design templates that you may choose to apply to your Report’s Custom Branding design, or you can elect to provide us with your own artwork within our size guidelines. Once you have selected your design elements and finalized your Custom Branding, a member of our creative staff will review and ‘proof’ your design. You will receive the first draft of your Custom Branding design within 15 business days of receipt of design proof. After receipt of Custom Branding proofs, you will be allowed up to two (2) rounds of creative revisions.
A concierge custom design is also available. A member of our creative staff will take your information and provided photos to create a unique Custom Branding design for your Report. Once we receive a completed branding survey issued to you and any artwork needed, branding will be scheduled. You will receive the first draft of your Custom Branding design within 15 business days of being scheduled. After receipt of Custom Branding proofs, you will be allowed up to two (2) rounds of creative revisions.
Should you not be able to provide information and/or photos to allow Custom Branding to be completed within 60 days of your program start, Agency Branding will be put in place in order to begin your Program marketing effort and remain compliant with the 60-day mailing frequency requirement associated with Reports.
Beyond two (2) rounds of creative revisions, all additional creative revisions to any branding option may incur additional design fees at the rate of $100.00/hour with a minimum billing of $25.00 for 15 minutes. All marketing materials supplied through Datacore are copyrighted and are to be used solely with this system. Datacore retains all ownership of personal branding files, but upon request, can provide ownership to you for an additional fee, with the exception of our proprietary template files.
Postcards (when applicable):
As on option, postcards are available and can be designed, printed, and mailed to the prospect list you select/edit through the Datacore Program. Panoramic postcards (11” x 5.5”) are printed full-color on heavy premium card stock. All postcards are mailed USPS standard rate at a cost of $0.86 per postcard. Agent may choose to mail USPS First-Class rate for an additional $0.13 per postcard. Volume discounts are $0.05 per postcard when mailing more than 500 ($0.81 ea.) and $0.10 per postcard when mailing more than 1,000 ($0.76 ea.). Any participating agent may mail postcards to any prospects regardless of their Report property category and prospect assignments. There are several design templates that you may choose to apply to your postcard design, or you can elect to provide your own artwork within our size guidelines. Postcards can be mailed at any time during your annual contract to a minimum of 100 prospects per mail cycle. Agents may choose to mail more frequently and to more prospects, as desired.
NOTE: In the event a postcard order has not gone to print, any requests by you to pull a postcard order after you have approved and paid for the design will result in a $25.00 fee for re-processing the job. In the event the postcard was printed but not yet mailed, you will be responsible for paying $0.43 per piece in addition to the original per piece cost if you wish to send out a revised postcard. It is possible some of the cards you request to be pulled may still end up being mailed, as thousands of postcards must be sorted by hand, and some might be missed despite our best reasonable efforts to remove them.
Testimonials/Success Stories:
Datacore reserves the right to share your success stories/testimonials with other agents.
Our Service:
Datacore provides the service of composing, printing, and mailing marketing materials. Commercial Target Prospecting Report mailing lists are included. All data, as well as other information/materials to facilitate in executing your marketing efforts (e.g., the "Services"), is included for all marketing pieces.
Modifications to Site:
Datacore reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Sites (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.
User Information:
As part of your use of the Site, you may provide certain information to Datacore. Except for applicable credit card and related information, any information or material you transmit to the Site or otherwise provide to Datacore is considered non-confidential and non-proprietary and Datacore has no obligations of confidentiality with respect to the same (see Privacy Policy for more information). You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you.
Financial Considerations:
By agreeing to these terms and conditions, you understand that all fees and costs related to your use of this Program and any other requested materials or services provided by Datacore will be charged to your credit card by Datacore. You agree to maintain a current and valid credit card for billing all products and services by Datacore. When agents participate as a team with costs split between team members, if one member fails to make payment when due, the remaining member(s) will be billed for the entire amount due. You will have the ability to change credit cards used for billing by notifying Datacore, in writing, immediately after the change.
Protection under U.S. Copyright and Patent Law:
The Target Prospecting Report is protected by U.S. Patent (No. 7,076,448) and all websites, marketing letters, postcards and other materials supplied through Datacore are copyrighted and are to be used solely with this system. You may neither use nor copy any of the materials provided for any other prospecting either through personal contact or other mailing efforts. All content included on this Site and other Sites built through the network of companies at Datacore (including text, graphics, logos, button icons, images, data compilations, and software) ("Content") is the property of Datacore (and as applicable, its licensors). All Content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to Datacore.
User Conduct:
You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services. You warrant and agree that, while accessing the Site or any Content and during or as a result of using any Service, you shall not:
- harass, threaten, embarrass, or cause distress or discomfort upon another party;
- transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
- violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls);
- upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and
- upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).
Disclaimers; Liability:
Although Datacore believes that our Products and Services are reliable and fully available, Datacore makes no guarantees with respect to any of the foregoing. CONSEQUENTLY, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND DATACORE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE PRODUCTS AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, DATACORE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS, SERVICES, OR ANY OF THE SOFTWARE AND WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. DATACORE EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall Datacore (including its directors, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Products, the Services, web sites or any of the software) even if Datacore has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall Datacore liability to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed a sum equal to one monthly program fee and/or costs paid by you associated with the specific mailing or portion thereof. Full credits for mailing issues will not be considered unless it was caused by major data discrepancies not reviewed by you.
No Refunds:
No refunds on monthly fees or charges associated with the branding, production, printing and/or mailing of materials will be issued for any reason.
For more information please contact:
Datacore
5110 Lena Road
Bradenton, Florida 34211
E-mail: info@datacorecre.com
Web: www.Datacorecre.com
Owned/operated by RSP USA Inc.