The undersigned Virtuoso Member Agency (“Member” or “you”) hereby requests permission to participate in the Virtuoso Marketing History Update Program (the “Program”). To be eligible for the Program, Members must use Sabre® ClientBase® and must sync with the Sabre central database.
In consideration for Virtuoso, Ltd. (“Virtuoso” or “we”) making the Program available to Member for Member’s own convenience, and for Member’s ability to participate in the Program, Member acknowledges and agrees to the following terms and conditions:
- In order to make the Program available, Virtuoso has obtained an API data feed license from Sabre. As part of that license, we will provide certain client marketing history information concerning your Virtuoso marketing activities (the “Marketing History Information”) to Sabre in order for Sabre to update your ClientBase profile for each applicable client via the Sabre API data feed.We will determine the format and frequency of updates of the Marketing History Information. You acknowledge that you can access the same Marketing History Information on Virtuoso.com, but you desire to participate in the Program so that the Marketing History Information will be automatically updated in your ClientBase profile for each applicable client via the Sabre API data feed.
- You hereby consent to our transfer of such Marketing History Information to Sabre as described herein, and you agree that you will give any necessary notifications to and obtain any necessary consents from the individuals to whom the information relates for such uses and disclosures.
- The Marketing History Information to be provided under the Program is currently anticipated to include the date of the marketing, the subject or topic of the marketing, and a hyperlink to the marketing. However, we may, in our discretion, add to, discontinue, and/or modify one or more categories of information provided as part of the Marketing History Information, or any other feature or function of the Program at any time. We may discontinue or suspend the Program or your participation therein at any time. Your participation in the Program will automatically terminate in the event of the termination of your Virtuoso Membership Agreement (the “Membership Agreement”) or if you otherwise no longer meet the eligibility requirements for participation in the Program.
- You agree to comply with (and ensure that all of your owners, employees, contractors, affiliates, and other representatives comply with) these terms and conditions and all other terms, limitations, and participation requirements applicable to participants in the Program, as modified by Virtuoso from time to time.
- THE PROGRAM AND THE MARKETING HISTORY INFORMATION ARE PROVIDED AT YOUR REQUEST AND ARE SOLELY FOR YOUR CONVENIENCE AND GENERAL INFORMATION IN CONNECTION WITH YOUR INTERNAL BUSINESS PURPOSES. THE PROGRAM AND THE MARKETING HISTORY INFORMATION ARE PROVIDED ON AN “AS IS” “WHERE IS” BASIS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, 336010.2 AVAILABILITY OR USEFULNESS OF THE PROGRAM OR THE MARKETING HISTORY INFORMATION. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED BY ANY THIRD PARTIES NOR FOR ANY OTHER ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING SABRE. WE ARE NOT RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY WAIVE, ALL DIRECT AND INDIRECT LOSSES AND DAMAGES ARISING FROM THE PROGRAM OR THE MARKETING HISTORY INFORMATION, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, INCORRECT OR INCOMPLETE INFORMATION, OR ANY OTHER DIRECT OR INDIRECT LOSS OR DAMAGE ATTRIBUTABLE TO YOUR PARTICIPATION IN THE PROGRAM. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT ANTI-VIRUS PROTECTION AND FOR MAINTAINING YOUR OWN ARCHIVE OF THE MARKETING HISTORY INFORMATION.
- Your participation in the Program is subject to and governed by these terms and conditions and the terms of the Membership Agreement (which is incorporated herein by reference), including without limitation, its confidentiality restrictions. These terms and conditions are additional requirements for your participation in the Program and they do not alter, amend, or supersede the Membership Agreement.
- These terms and conditions and your participation in the Program are governed by the laws of the State of Texas, U.S.A., without regard to its provisions on conflicts of law. Exclusive venue of any dispute arising in connection with these terms and conditions and/or your participation in the Program will lie in Tarrant County, Texas.