Vital Marketing Ltd (a California corporation) will design and produce for Customer its local-content, personalized marketing postcards featuring Customer’s photographic image and contact information.  Vital Marketing will mail these postcards via United States Postal Service (USPS) Standard Mail™ to Customer’s designated mailing lists and deliver to Customer the number of Additional Cards requested by Customer.

Set-up Fee and Pricing

            Upon approval Vital Marketing will charge Customer’s Payment Account for the designated Setup Fee.  Prior to production of postcards Vital Marketing will notify Customer via the fax number or email address provided by Customer of the number of postcards to be distributed for Customer and will charge Customer’s Payment Account, in advance of production, at the Unit Prices indicated on the current Price Sheet.  Development of additional mailing lists and graphics work may require additional set-up fees.

Customer’s Approvals

            Vital Marketing will provide Customer via the fax number or email address provided by Customer images and information on production planned at the request of customer.  Approval of the image and production will be deemed given by Customer at the expiration of the deadline stated in the email or fax if Customer has not notified Vital Marketing of any change request or error.

Additional Responsibilities of Vital Marketing

            Vital Marketing may provide the mailing list for Customer’s requested Geographic Area and that list shall remain the property of Vital Marketing.  Customer will reimburse Vital Marketing for the cost of obtaining and USPS “Move Update” certification of the list.

            Vital Marketing will maintain mailing lists and make reasonable additions and changes requested by Customer.  Changes not requiring USPS “Move Update” certification will be made without charge.

            Vital Marketing’s responsibility shall be limited to the production and mailing of the postcards and shall not extend to timely mail delivery or loss of postcards, which Customer acknowledges is beyond Vital Marketing’s control.

            Vital Marketing shall use its best efforts to avoid any duplicate or overlapping Geographic Areas for its Customers.  Customer acknowledges that Vital Marketing does not restrict the addresses in any of its Customer’s Personal Mailing Lists.  Customer may elect, as Customer’s sole remedy, to terminate mailing to duplicate addresses.

Responsibilities of Customer

            Customer is responsible for providing photographs, logos or artwork of sufficient size and quality to allow for good reproduction.  Changes to the approved layouts will be made without the payment of additional graphic design fees.

            If Personal Mailing List postcards are ordered Customer shall provide the mailing list and the list shall remain the property of Customer. 

            Customer shall maintain the Payment Account(s) to allow for timely payment to Vital Marketing.  Customer will notify Vital Marketing in writing of any proposed change in Payment Account(s) at least 15 days in advance of a scheduled mailing submission.  Should payment be refused on Customer’s registered Payment Account(s), Customer agrees to a Ten Dollar ($10.00) rebilling charge.

Graphic Design

            Vital Marketing is the owner of all right, title and interest in all work it does which becomes a part of any postcard series.  Customer shall hold Vital Marketing harmless for the use of any images or designations that Vital Marketing incorporates into the design at Customer’s request.

Damage Limitation

            Except as provided herein, there are no expressed or implied warranties, including the implied warranty of merchantability or fitness for a particular purpose.  In no event will Vital Marketing’s liability exceed the fee that Customer actually paid under the terms of this Agreement.

Complete Agreement

            This Agreement represents the complete understanding between Customer and Vital Marketing and may be altered only by a written amendment signed by both Customer and Vital Marketing.

Changes or Termination of Agreement

            Changes or termination of this Agreement shall be communicated in writing via email or fax to the addresses designated by Customer and Vital Marketing at least fifteen (15) days before any effected schedule mailing submission.