Before submitting any form of marketing material to Thoughteater, please read the entire agreement below, as you will be legally bound to the terms and conditions contained within, even if you do not sign the agreement or agree to its terms. Failure to comply with the terms and conditions of the agreement outlined below may result in expenses being incurred by you and/or your company through a collection process and/or legal proceedings against you.
Contract for Reception and Analysis
Of Marketing Material
(The “CRAMM Agreement”)
THIS Contract for Reception and Analysis of Marketing Material (“CRAMM Agreement”) is made and entered into by Thoughteater Technical Solutions, Inc., a Florida corporation, (“Thoughteater,” "us," or "we") and YOUR COMPANY (“telemarketer,” "spammer," "you," "your," "marketer," or “Your Company”) (hereinafter collectively referred to as the “Parties”).
AGREEMENT is made on the day any marketing material is submitted to Thoughteater, between Thoughteater Technical Solutions, Inc. and YOUR COMPANY.
WHEREAS, "Marketing material" includes, but is not limited to telemarketing telephone calls, unsolicited email, unsolicited U.S. mail, text messages, and door hangers; and
WHEREAS, Thoughteater Technical Solutions, Inc. does not want to receive such marketing materials from marketer freely, as doing so costs Thoughteater Technical Solutions, Inc. time and resources to accept and process; and
WHEREAS Thoughteater Technical Solutions, Inc. expects to be compensated by YOUR COMPANY for the time and resources consumed receiving and processing the marketing materials submitted by Your Company in the amount of $500 per item.
NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties, intending to be legally bound, hereby agree as follows:
The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference.
2. Acknowledgment and Acceptance of Contract Terms and Conditions
To join in this contract with Thoughteater Technical Solutions, Inc., you need only to submit to Thoughteater marketing material of any type or form. By participating in the process of generating, creating, or submitting marketing materials to us, by telephone, email, personal visit, standard mail, or otherwise, you thereby affirmatively indicate your agreement to be bound by all of the terms and conditions of this contract, without contest. You will be considered to have submitted marketing materials that are sent by any third party on your behalf, or by any entity or authorized agents apparently associated with you or third party for the purpose of sending, presenting, or creating such marketing materials – whether for fee or for free. We offer to receive all further solicitations, spam or marketing material from you and your agents only on the terms set out below. If you or your agents send us any form of solicitation, spam, or marketing materials, this will be taken as your unconditional acceptance of this offer in its entirety as stated herein. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND/OR CONDITIONS STATED WITHIN THIS CONTRACT, YOU MUST NOT EVER SEND ANY FORM OF SOLICITATION, MARKETING MATERIAL, OR SPAM TO US. IN ADDITION, IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS CONTRACT, YOU MUST THEN ADD ANY AND ALL HELD CONTACT AND ADDRESS INFORMATION THAT IS SPECIFIC TO THOUGHTEATER TECHNICAL SOLUTIONS, INC. TO ANY “DO NOT CALL” OR “DO NOT MAIL” LISTS THAT MAY BE OWNED, USED, OR MAINTAINED BY MARKETER. You hereby understand and agree that as purchaser, responsible party, implementer, originator, commander, director, procurer, owner, administrator, requestor, controller or solicitor of the creation, generation, or propagation of marketing materials or of the relative address database(s), postage, telephone line or Internet bandwidth necessary for the propagation of such, it is entirely your responsibility to control whether or not we receive any further marketing materials from you or your agents. Any and all intentional, “accidental” or “erroneous” marketing material or spam deliveries made to Thoughteater Technical Solutions, Inc by you or your agents are subject to the charges, fees, and penalties as stated within this contract. There will be no exceptions made to the conditions of this contract. All of the accompanying terms and conditions apply to any and all forms of marketing material which is created, sent or generated by you or your agents and is received by Thoughteater Technical Solutions, Inc., our employees, officers or agents. The duration of this contract is to remain in effect until terminated in writing by Thoughteater Technical Solutions, Inc. The terms of this contract between you and Thoughteater Technical Solutions, Inc are non-negotiable. You may only refuse or accept these terms as they are stated herein, without modification to such by you or others. To refuse these terms, you must effectively and immediately refrain from submitting any further marketing materials to us.
3. Compliance with Laws
This is a contract for marketing materials reception and analysis services. If you choose to utilize our marketing material reception and analysis services, then you do so knowing that you will be charged for such services by Thoughteater. Thoughteater Technical Solutions, Inc hereby notifies you that we do not want to receive any marketing material, house visits, office visits, solicitation telephone calls, or spam from you , your subsidiaries, partners, officers, agents, employees and/or affiliates without receiving compensation from you for use of our time and resources. We are unwilling to receive marketing material freely because it costs us time, resources, and money to accept, process, and respond to. To avoid service charges and possible legal action, You must ensure that we are effectively removed from any and all of your mailing, marketing, or spam delivery lists and added to your ‘Do not call’ lists immediately, effectively, and permanently. Neither you nor your affiliates, partners, agents, employees, or providers are authorized to submit any mailing, phone call, or email message to any individual or business in any way that claims, indicates or suggests that the mailing, phone call, or email has been sent from or on behalf of Thoughteater or its employees, officers, or agents. Such act shall be treated as a forgery and fraud, which is punishable under Federal law. You may not divulge, offer, submit, enter, share, or otherwise provide any Thoughteater addresses, phone numbers, or names to any other entity for any purpose other than for the removal of such data from lists and databases used for the delivery of marketing materials. If you send us any marketing materials other than in accordance with the terms and conditions of this contract, we will take this to mean that you plan to use our services without paying for them. If you ever try to use our services without paying for them, we reserve our right to take any legal action available to us without further notice to you. Actions available to us may include, but are not limited to, initiating legal proceedings against you for negligence or breach of contract, which may result in substantial damages being awarded against you in a court of law, and which may also result in our notification to media entities, government agencies, ISP’s, and consumer advocacy organizations (such as the Better Business Bureau), etc. of your inability to responsibly manage and control sensitive or personal data. Claims made by you that you have little or no control of which recipients you or your agents send marketing materials to will not exempt you from the terms and conditions outlined in this contract. The unauthorized use of our time, resources, property, domain, telephone wire, storage space, processors, memory, electricity, bandwidth, personnel, or computing facilities is a crime in and across many states and countries.
4. Modifications to Service
We reserve the right to vary the terms of or terminate this offer of service at any time (even after you have accepted or refused it). This contract agreement supersedes and voids any previous requests for information or marketing materials made by Thoughteater to you. Any new terms will apply to all marketing materials that you send after Thoughteater has made available the revised terms. The newest terms and conditions will supersede previous provisions wherever conflicts between different contract revisions exist. You can view the latest terms and conditions of this contract at http://thoughteater.com/cramm.html. It is entirely your responsibility to stay informed of the latest contract changes by viewing the latest contract version published and maintained at the above internet address. You may also request a printed copy of the latest contract version by sending a self-addressed 4⅛ by 9 ½ inches stamped envelope to Thoughteater Technical Solutions, Inc. You should always review the latest contract version before sending any marketing materials to Thoughteater.
5. Help the Children
Some or all of the monies collected from marketers as payment for our services may be donated to domestic charities who are directly involved in helping underprivileged American children fight disease, illiteracy, poverty, drug dependency, pregnancy, gang involvement, abuse or neglect.
Thoughteater Technical Solutions, Inc. offers to receive marketing materials, solicitation telephone calls, house visits, office visits, and spam from you or your authorized agents for processing, analysis, and response (as described below, in “Definitions”) by us or any of our authorized agents for a fee (as outlined within this contract).
7. Cost of Service
You must pay Thoughteater Technical Solutions, Inc five hundred US dollars ($500) for each separate item of marketing material, solicitation telephone call, standard mailing, or spam that you send to us. You must also pay us for any such duplicate items that you send to us. You must pay us as such, even if we or our authorized agents do not process, analyze or respond to the marketing material or spam which was submitted to us by you or your agents. Sales calls and marketing efforts which are in the form of house visits and office visits performed by you or your agents to locations owned, rented, or maintained by Thoughteater shall be charged at the rate of $500 per hour, with a one-hour minimum charge per visit. You may also be required to pay other persons or businesses as well if they have engaged in a similar contract with you. We may join with any of those persons or businesses for the purpose of efficiently collecting payments from you if legal action is necessary to collect our fees from you.
If you continue to send spam or U.S. mail to Thoughteater, or if you continue to initiate telephone calls to Thoughteater after this contract has been submitted to you, you hereby unconditionally agree to and accept our policy of product testing as described within this contract. Product testing may be conducted to further analyze marketer's marketing platform. Furthermore, you hereby grant full indemnification to Thoughteater and its officers from any and all damages incurred by you that may or may not have occurred as a result of our testing. As part of our marketing reception and analysis service to you, Thoughteater may test the reliability, stability, security, and effectiveness of your website(s), telephone number(s) and other communication formats using a variety of testing methods. The testing methods employed by Thoughteater may include, but are not limited to, performing resilience testing of your website(s), email address(es) and telephone number(s); sharing of your website(s), email address(es) and telephone number(s) with third party entities that will assist us in our testing; and other various methods to test the integrity of your website(s) and telephone numbers. Changes may be made to your website(s) or telephone systems by Thoughteater during our testing as a means of notifying you that your website(s) and/or telephone number(s) are not secure. Thoughteater, during our course of testing of your website(s) and telephone number(s), may enter or provide bogus credit card and contact information to test the programming integrity and security of the shopping cart portion of your website(s) or telephone system(s). If you wish for Thoughteater to increase the frequency and severity of our testing simply send more marketing materials to Thoughteater. Again, if you do not agree to any of the terms of this Contract for Reception and Analysis of Marketing Materials, simply do not submit any further marketing materials to Thoughteater via email, telephone or standard U.S. mail.
9. Special Service Plans
You may opt to take advantage of our “Premium Plan” service plan which allows you to submit up to 10 items of marketing material, solicitation telephone calls, location visits, or spam to us each month for a low monthly rate of $2,000. That’s a savings of over 60% off of our regular “per item” pricing! If the quantity of marketing material or spam received from you (any combination or type) exceeds 10 within any given month, normal charges will apply to all items in excess of 10. The monthly fee of $2,000 must be received in our offices by the first day of the month. Otherwise these discounted rates will not apply. Cancelled or invalid checks will incur additional fees of $30 per item. “Premium Plan” clients are subject to the “Damage”, “Inundation”, “Investigation”, and late fees as stated below. To take advantage of the Premium Plan, you must notify us in writing that you wish to do so, and that you agree to the terms of this contract. Such notification must be accompanied by a check for $2,500, to cover the first month of the term and the $500 one-time registration fee. Additionally, you must make sure that we receive your monthly payments prior to the first day of each month of the term of the Premium Plan. The Premium Plan is available to you in terms of 12-month cycles. If you terminate the plan prematurely (by non-payment or otherwise), you will be retroactively reverted back to our regular pricing structure (as described above) and will be subjected to additional administration fees of $500 for each lapsed month which requires billing reassessment.
10. Payment for Services
You must mail your payment by check to Thoughteater Technical Solutions, Inc within five working days of the submission of your marketing material. If you do not know where to send payment, you must clearly state this in the marketing material and provide us with a quick and convenient way to notify you of our mailing address. Failure to comply will result in additional charges being applied to you. Each marketing item must be uniquely identified, and each payment must clearly identify the relevant item or items. You must notify us of your complete business name and full business address in each marketing item. All services are “net 5 days” payment terms. No invoice will be sent to you, unless payment is not received from you promptly. All marketing materials are subject to the “Damage”, “Inundation”, “Investigation”, and late fees as outlined below in “Fees and Penalties”.
11. Fees and Penalties
Penalty charges are in addition to normal charges. Payments not received by us within 15 business days of our receipt of the relative article(s) of marketing material will accrue a 30% monthly late fee until paid in full. Cancelled or invalid checks will incur additional fees of $30 per item. States, over or through which such spam has traveled to reach us, may allow for additional charges to be collected from marketer. If ever the frequency of any spam exceeds three (3) (any combination of marketing types, including duplicate items) per day, there will be an ‘Inundation’ penalty of 30% per day of such inundation – in addition to normal charges. If the marketer’s door-to-door salesperson performs a marketing visit to a location owned, rented, or operated by Thoughteater which has a “No Solicitors” sign conspicuously displayed on or near the location entrance, there shall be a $1,000 ‘Ignorance’ fee charged to the marketer. If ever the combined visits to a single location, that is owned, rented, or operated by Thoughteater, by marketer’s salesperson exceeds three (3) per month, there shall be an inundation penalty of $1,000 charged to the marketer for each visit in excess of three (3). Any materials that are blank, or are without content, shall incur a ‘taunt’ penalty of $500 each. If ever the combined file size of any electronic spam exceeds three hundred kilobytes (300kb) or any combination of standard-mailed spam or facsimile combined exceeds a weight of 3oz per day, or telephone call or voice mail combined exceeds 3 minutes in length per day, there will be an inundation penalty of 30% per day of such inundation – in addition to normal charges. Any electronic mailing that is configured to be displayed as ‘high importance’ to the recipient shall incur an additional 10% charge for each such item. If marketer divulges, offers, submits, enters, or otherwise provides any addresses included in the ‘Forbidden Addresses’ section of this contract to any other entity for any purpose other than to remove such address from a marketing material delivery list, marketer shall be assessed an “Enhanced Inundation” penalty of $100,000. If either you or your affiliates, partners, agents, employees, or providers ever send any mailing, phone call, or email message to anyone in any way that improperly or inaccurately suggests, claims, indicates, or states that the mailing, phone call, or email was sent from any of the ‘Forbidden Addresses’ specified within this contract, you will be charged a “Big No-No” penalty of $10,000 per recipient of such mailing, plus $10,000 for every piece of email received by Thoughteater in response to such forged mailing. In addition, if Thoughteater suffers any loss of internet service or denial of service which is caused directly or indirectly by such forged mailing, however intermittent, you will be charged $1,000 for each hour that we suffer so (one hour minimum). Any mailing sent by marketer or marketer’s authorized agents that contains viruses, bombs, Trojan horses, worms, spyware, adware, malware, offensive material, pornographic material, sexually oriented material, or otherwise morally, physically, financially, electronically, or structurally damaging contents, will incur additional ‘Damage’ fees of at least, but not limited to, $1,000 per item, at our discretion. Damage fees will be assessed for all potentially damaging Spam, regardless of the degree of damage actually experienced from, caused by, or deployed by such spam. Such damaging Spam may also incur further expense to marketer that is at least twice, but is not limited to being twice, proportionate to the amount of overall monetary, moral, and other quantifiable damages suffered by Thoughteater Technical Solutions, Inc, or its Authorized Agents as a result, directly or indirectly, of the creation or delivery of such damaging Spam. Criminal charges may also be filed against marketer as a result of such damaging Spam. Any form of Spam or marketing material sent by marketer in which marketer or marketer’s authorized agents employ any type of means which are intended to mask, hide, disguise, adulterate, or alter the delivery information (such as email header forgery, spoofing, or ip masking) of the Spam or marketing material in any way will be subject to an additional “Investigation” fee of $200 per item.
12. Forbidden Recipient Addresses
Telephone numbers included in the scope of this contract as ‘forbidden recipient addresses’ are any telephone numbers that are owned, leased, used, or maintained by Thoughteater Technical Solutions, Inc. or it officers. Such numbers include, but are not limited to, 407-448-7004.
Email addresses which are included under the scope of this contract between marketer and Thoughteater Technical Solutions, Inc. are the following: any aliases or email addresses in the thoughteater.com, deltonabonafide.com, stormsafety.net, deltonachat.com, or mymugshotstory.com internet domains. In other words, forbidden email addresses are any and all email addresses that end with any of the aforementioned domain names.
For the sake of instant messaging, any computers, telephones or IP addresses that are used, owned, managed or maintained by Thoughteater Technical Solutions, Inc. or its officers are to be considered as forbidden addresses.
Physical addresses included in the scope of this contract as ‘forbidden recipient addresses’ are any physical addresses or post-office boxes that are owned, leased, or maintained by Thoughteater Technical Solutions, Inc. or its officers. Such addresses include, but are not limited to, 1941 Kirkwood Street, Deltona, FL 32738, and the P.O. Box noted on the contact page of the Thoughteater.com web site.
Also signified by this legal contract is the agreement by all parties that Thoughteater Technical Solutions, Inc and their authorized agents are entitled to configure their telephony and web servers to call marketer’s 800 number(s) (or any other phone or fax number owned or operated by marketer), and to ‘hit’ web server(s) or email server(s) owned and operated by your company or your company's authorized agents with random data packets frequently to continuously signal marketer of our receipt of marketer’s marketing materials or Spam or to test marketer’s technological reliability and stability. Likewise, we may configure our email servers to frequently email receipt confirmations to marketer and marketer’s authorized agents as often as 300 times per minute, or more. Included in this contract is the agreement between both parties that we have the right to freely distribute to others marketer’s phone numbers, email addresses, web addresses, physical addresses, IP addresses, service providers’ information, and domain information via the internet, web, email, or otherwise, so that others may configure their computers to contact marketer and marketer’s ISP using the phone, fax, mail, internet, or email regularly for reasons similar to those stated directly above, with similar indemnification as provided for Thoughteater Technical solutions, Inc by marketer’s agreement to this contract.
14. Protections of Contract Provisions
The provisions of this Contract are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This provision shall survive the termination of any other arrangements contained herein.
15. Further Protections of Contract
Copying, redistribution, modification and/or production of derived works of this Thoughteater CRAMM contract (in whole are in part) are permitted only under explicit written authorization from Thoughteater Technical Solutions, Inc. Violations are punishable by law.
The following definitions indicate how terms and words are used in this document. If marketer has any questions regarding the intended meaning of any portion of this contract, marketer should direct those questions, without any accompanying or attached spam or marketing material, to email@example.com. Such contract inquiries made to Thoughteater by marketer will not incur expense to marketer, provided inquiries include no accompanying or attached spam or marketing materials. “Contract” is used in reference to the pages of this document, and the terms and provisions contained within the pages, in their entirety and collectively. The term “Authorized agents” is used in reference to any affiliates, subsidiaries, parents, providers, shareholders, directors, officers, employees, agents, employees, staff, partners, consultants, and representatives, or similar entity that have been authorized or directed by a company or individual to act on behalf of that company or individual. Any reference of "Marketer," “Telemarketer”, “Client”, “You”, “Your”, or “Yours” is representative to YOUR COMPANY. "ThoughtEater," “We”, “Us”, “Our”, and “Ours” are in reference to Thoughteater Technical Solutions, Inc., a Florida corporation. “Marketing Material” shall mean any standard-mail item, telephone call, voice mail, facsimile, data transmission, flyer, brochure, door hanger, newspaper, magazine, pamphlet, software application, instant electronic message, text message, internet broadcast, or email that was created or distributed with the primary or partial intent being to promote, sell, buy, give, offer, portray, solicit, convey, take or receive services, products, information, or ideas to or from individuals or businesses. The term “Spam” is used In reference to any form of marketing material that, whether intentionally or erringly, is delivered to or received by any individual or business who has requested to not receive any marketing material from the sender, or who has not requested to receive any marketing material from the sender. The term ‘Spam’ is to include, but is not limited to, forms of marketing or promotion such as email, Microsoft Windows system messages, telephone calls, door-to-door salespersons, and standard mail via US Postal service. “Process”, for the purpose of this contract, is used to describe the act of receiving, accepting, refusing, handling, reading, assimilating, comprehending, filtering, discussing, moving, deleting, discarding, filing, assessing, criticizing, storing, evaluating, or organizing any form of marketing material or Spam. Similarly, “Analysis” is used to describe any of the following acts, as performed on marketing material or spam: deductive reasoning, opinion forming, gaining of understanding of, question forming, research, contacting others in regard to, or analyzing. “Response” is used to indicate the act of acknowledging to the sender(s) of marketing material or spam that such has been received. “Service” is meant to indicate the process of Thoughteater Technical Solutions, Inc. receiving spam from marketer or marketer’s authorized agents for processing, analysis, or response by us or any of our authorized agents. “Forbidden Recipient Addresses” are any and all addresses of any physical, virtual, or electronic type that are listed as such within this contract, or are owned, leased, or maintained by us or our authorized agents.
17. Release and Indemnification
The marketer hereby waives, releases, forgives, discharges and relinquishes any and all claims that marketer now has or may have against Thoughteater Technical Solutions, Inc., or their authorized agents which are connected with, arise out of, relate to or are incidental to any Thoughteater Technical Solutions, Inc. action, inaction or transaction. Marketer hereby agrees to indemnify, defend and hold Thoughteater Technical Solutions, Inc. and their Authorized agents harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by or as a result of Thoughteater Technical Solutions, Inc. or their Authorized agents arising out of or in connection with the performance of its duties as described in this Contract including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any Thoughteater Technical Solutions, Inc. transaction and/or by any other person and/or as a result of the marketer taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. Marketer further agrees to indemnify and hold Thoughteater Technical Solutions, Inc. and their authorized agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of marketer's use of the Service, the violation of these rules, guidelines, terms and conditions by marketer, or the infringement by marketer, or other user of the Service using marketer's computer, domain, name, or identity or of any intellectual property or other right of any person or entity. By sending to Thoughteater Technical Solutions, Inc marketer’s marketing materials or Spam, marketer agrees that any interruptions of marketer’s services that marketer may experience due to our responding to marketer’s emails as described above, are not directly attributable to Thoughteater Technical Solutions, Inc and, as such, marketer hereby indemnifies Thoughteater Technical Solutions, Inc and agrees that no legal action may be taken against Thoughteater Technical Solutions, Inc or our Authorized Agents by marketer or marketer’s authorized agents regarding such incidental service interruptions.
18. Limitation of Liability
NEITHER THOUGHTEATER TECHNICAL SOLUTIONS, INC. NOR ITS OFFICERS SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR MESSAGES SENT OR TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE OR RESULTING FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR ALTERATION OF MARKETER’S OR OUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THOUGHTEATER TECHNICAL SOLUTIONS, INC. OR ITS OFFICER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Thoughteater Technical Solutions, Inc. makes no promises, guarantees, or warranties, either express or implied, of merchantability or fitness for any specific purpose regarding our products or Services. Thoughteater further asserts and marketer understands that marketer may experience no benefit or gain whatsoever from the use of our services. In fact, Thoughteater Technical Solutions, Inc. hereby cautions marketer that use of our services may incur substantial expense to marketer or marketer’s authorized agents. Furthermore, we make no claim that any of the Forbidden Recipient Addresses listed herein will ever be active or able to receive marketing material or Spam from marketer or marketer’s authorized agents. Additionally, we make no claim that any or all marketing material or Spam received by us or our Authorized Agents will be fully processed, analyzed, or responded to.
Time is of the essence of this contract. This contract is made in the State of Florida and shall be governed by Florida law. This is the entire contract between the parties and may not be modified or amended except by a written document signed or submitted by Thoughteater Technical Solutions, Inc. This contract may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this contract. Signatures from either of the parties are not necessary to the execution of this contract. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this contract. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this contract shall be entitled to recover its reasonable attorney’s fees from the other party for all matters, including but not limited to appeals. Volusia County, Florida, shall be proper venue for any litigation involving this contract. This contract may not be assigned or delegated by either party without the prior written consent of Thoughteater Technical Solutions, Inc.
IN WITNESS WHEREOF, Thoughteater Technical Solutions, Inc. signifies their acceptance of this contract as legally binding, as of the day and year first above written, by their action of submitting this contract to the marketer by way of electronic or standard mail from an email address owned, rented, or operated by Thoughteater Technical Solutions, Inc or its officers.
IN WITNESS WHEREOF, the marketer signifies their acceptance of this contract as legally binding, as of the day and year first above written, by their action of sending any electronic marketing materials, solicitation telephone calls, house or office visits, standard mail, or other spam to any of the forbidden recipient addresses (as noted above) after the day and year first above written.