FBA Membership Mailing List Agreement
The Fairfax Bar Association (FBA) and the undersigned user of FBA membership names and addresses (User) hereby agree to the following:
1. Permissive Uses of Mailing Labels. The FBA Membership Mailing Labels will be made available on pre-printed address labels. Payment must be made at the time the order is placed. FBA Membership Mailing Labels may be purchased by the Users listed below. Please select your intended use of the labels:
_____ A) FBA Members. Refers to Regular or Associate FBA Members in Good Standing. FBA Members may purchase FBA Membership Mailing List for the following purposes:
§ Change of address notice
§ Firm-related announcements
§ FBA Board Elections
§ Fairfax Judicial Elections Cost: $150.00
____ B) FBA Members. FBA Members in good standing may purchase FBA Membership Mailing List for the following purposes:
§ MCLE Programs
§ Seminars or Trainings
§ Political Campaigns
§ Sales of Products or Services Cost: $250.00
____ C) Non-Members. Non-Members of the Fairfax Bar Association may purchase the FBA Membership Mailing List for the following purposes:
§ MCLE Programs
§ Change of address notice
§ Firm-related announcements
§ Seminars or Trainings
§ Political Campaigns
§ Sales of Products or Services Cost: $350.00
Please select preferred method of sorting labels:
___zip code; ____ alphabetically
Add $10.00 for postage and handling. Date needed by: ___________ (Please allow 7 business days for the processing of labels.)
2. Prior to granting permission to use FBA list(s), Purchaser/User will furnish a sample copy of material to be mailed so that the FBA may ensure it complies with this Agreement.
3. Purchaser/User may use FBA list(s) for an approved use one-time only for the purpose of a single mailing. Purchaser/User may not duplicate, copy, retain, or store the list (names and addresses) or any portion thereof, in any manner, or use it to update or create their own list(s). User will not at any time permit any FBA names and addresses to pass into the hands of any other person, association, organization or company except for mailing or elimination of duplicates from other names and addresses owned and rented by user. Any prohibited use of the mailing list by User shall constitute a material breach of this Agreement.
4. FBA membership list(s) shall not be used in conjunction with any communication which, in the opinion of the FBA, would tend to mislead, misinform or deceive, or which is distasteful in content or presentation.
5. Use of FBA membership list(s) may not be approved for CLE providers that have not been approved as a Virginia State Bar MCLE provider.
6. FBA membership list(s) shall not be used in connection with any fund-raising effort or for any lobbying activity for or against legislation without the prior written permission of the FBA.
7. Campaign and political mailings are permissible; however, the mailing material must clearly specify that the material is a “paid political announcement.”
8. The FBA may enforce this Agreement by way of claim for damages, temporary restraining order, preliminary or permanent injunction, specific performance, or otherwise. The Executive Director or designee may deny subsequent requests for use of the membership list from any entity when the Executive Director or designee has reasonable cause to believe that the entity has used the FBA’s list in violation of this Agreement, regardless of whether the FBA has taken any formal action to enforce this Agreement.
9. Purchaser is granted a one-time, non-exclusive license to use the labels for a single mailing. The compilation of member’s names and addresses remain the proprietary property of the FBA.
10. This Agreement extends to all sales of FBA names and addresses, regardless of the form or medium on which they are supplied to User.
11. User will hold the FBA harmless against any damages or claim of damage, court and other costs and reasonable attorney fees, arising out of any actual or alleged impropriety or illegality of mailed matter, or infringement of trademark, trade name or copyright belonging to others.
12. For material breach of this Agreement, User will be liable to the FBA for all damages (plus reasonable attorney fees, court costs and expenses, including expenses incurred in investigation, and loss of income).
13. This Agreement shall be construed and interpreted in accordance with the law of the Commonwealth of Virginia.
14. The FBA list is made available and delivered to the user “as is.” The FBA does not guarantee the currency or accuracy of any listing on the FBA list, although “updates” are continually made to the membership database.
______________________________ ________________________________
User FBA Representative
___________ ____________
Date Date
Contact information for delivery of labels (if different from User):
Name:___________________________________________________________
Firm: ____________________________________________________________
Address:_________________________________________________________
City: ________________ State: ____________ Zip:_______________
Contact telephone number: _________________; Email: __________________