This agreement (“Agreement”) is between {subscriberOrganization}, {contact}, ("Subscriber") and Alaska Center for the Performing Arts, Inc., 621 West Sixth Avenue, Anchorage AK 99501, (“ACPA”), sometimes doing business as CenterMail (“CenterMail”) and CenterTix (“CenterTix”), and is effective from {todaysDate17} through {subscriptionEnd} (“Subscription Period”).
Subscriber certifies that the identity set forth above is its true legal identity and that the Subscriber’s principal contact, designated as {contact}, has full authority to make all mailing-related decisions on behalf of Subscriber.
Services Delivered by CenterMail
CenterMail agrees to deliver and perform the mailing services described in the applicable CenterMail Subscriber Agreement and its Appendices, during the Subscription Period, at the purchased subscription level. CenterMail adheres to all requirements of the federally mandated Can Spam Act.
Subscription Fees
Subscriber agrees to pay to CenterMail the subscription fees set forth in Appendix A for the selected subscription level. Payment of fees shall be due as follows:
A. Payment in full is due when submitting a Subscriber Agreement or Direct Mail Addendum.
B. Checks should be made payable to “ACPA, Inc.”
C. To receive an invoice, please contact the Primary CenterMail Contact. Subscription fees cannot be pro-rated and are non-refundable.
Subscription Terms
Subscriber must sell tickets through CenterTix during the Subscription Period.
CenterMail services are to be used solely for distribution of appropriate performing-arts-related information and materials.
CenterMail administrators must authorize exceptions to A or B above, and the CenterMail appendices.
Subscribers may upgrade a subscription level at any time without penalty, see Appendix A for details.
Subscribers may not downgrade their subscription level during the Subscription Period.
ACPA Use of Names
ACPA is free to use names and addresses associated with ticket sales for ACPA-related purposes.
ACPA will abide by the CenterMail Usage Regulations set forth in Appendix B when selecting lists.
List Generation & Maintenance
LIST GENERATION
Recipients join CenterMail via an opt-in process exclusively. As a result, only people that opt-in will be included in CenterMail list generation regardless of purchase history.
A. Anyone who buys a ticket through CenterTix will be invited to join our mailing list.
B. Ticket buyers opting into our mailing list during the CenterTix customer account creation process will be assigned all existing marketing criteria regardless of event category of the purchase. Customers opting into our mailing list via all other sources will complete an online form where they may select the marketing codes that interest them.
ACPA will not enter customer information collected by Subscriber into its databases except when associated with a ticket purchase.
LIST SELECTION - Each campaign can be targeted for recipient’s event interest which is managed by the recipient. Subscriber must complete and submit a separate eBlast Request Form for each campaign sent. See Appendix B for a list of member event interest codes.
Force Majeure
Failure by CenterMail or Subscriber to perform any obligation of this Agreement due to force majeure shall not be deemed a violation or breach of this Agreement.
Force majeure shall include without limitation, fire, flood, earthquake, strikes or work stoppages, any interruption of utility services, suspension or interference with a performance or event caused by acts of God or acts of public enemy, riots or similar occurrences, order of court or an administrative agency of municipal, state or federal government, including orders of the Municipal Fire Marshall.
In the event of force majeure, CenterMail and Subscriber shall be excused from further performance under this Agreement, without liability, except that Subscriber shall pay all fees for mailing services incurred up to the time of termination.
Termination of Use by CenterMail
CenterMail may terminate this Agreement without liability if Subscriber fails to perform any of its obligations set forth herein, in which event Subscriber shall pay all fees for mailing services incurred up to the time of termination, including the Subscription fee, if applicable.
Indemnification
Subscriber agrees to indemnify, defend and hold harmless CenterMail and the Municipality of Anchorage and their employees, officers and representatives, against any and all costs, liability, damage or expense (including expense of legal services) claimed by anyone (including claims of employees, contractors or subcontractors of Subscriber) by reason of damage to persons or property resulting directly or indirectly from any act, incident or accident occurring as a result of negligent or wrongful acts or omissions of the Subscriber or its officers, employees or agents, except to the extent of the negligence of CenterMail or the Municipality of Anchorage, or any of their officers, agents or employees.
Applicable Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska.
Jurisdiction and venue for any legal action involving this Agreement shall lie with the courts of the State of Alaska, Third Judicial District, at Anchorage, or the U.S. District Court for Alaska.
Assignments
Unless otherwise allowed in writing by CenterMail, any assignment by Subscriber of its interest in any part of this Agreement, or any delegation of duties under this Agreement shall be void.
Regulations Included
CenterMail and Subscriber agree that the Regulations and related attachments, as they exist at the time this Agreement is signed, are incorporated by reference in this Agreement as if fully set forth herein, and said Regulations and related attachments shall be binding on both parties.
Integration
This Agreement, including the Usage Regulations, Ticketing Services and Regulations, and all related attachments, represents the entire and integrated agreement between ACPA and Subscriber regarding CenterMail services, and supersedes all prior or contemporaneous negotiations, representations or agreements, whether written or oral.
Nothing contained herein shall be deemed to create a contractual relationship between any party and the Municipality of Anchorage, or a contractual relationship between ACPA and any third party, and nothing contained herein shall be deemed to give any third party a claim or right of action against ACPA or the Municipality of Anchorage.
Usage Regulations and Related Attachments
Subscriber acknowledges receipt, review and understanding of the Usage Regulations, Ticketing Services and Regulations, and all related attachments.
Parties Bound and Benefited
This Agreement shall be binding upon and inure to the benefit of the successors in interest of the parties hereto.