User agrees that its use of Acxiom Provider Data via Salesforce Audience Studio is subject to the following terms and conditions:

  1. LICENSE and DESTRUCTION.
    • License. Salesforce grants to User a limited, non-transferable, non-exclusive license (“License”) to use the Acxiom Provider Data ordered via Salesforce Audience Studio, subject to the terms of user’s agreement with Salesforce (the “Agreement”) and these additional terms. Acxiom or the third parties who provided the data to Acxiom (“Data Providers”) retain all right, title, and interest in and to the Acxiom Provider Data, and User has no rights in the Acxiom Provider Data except as provided in the Agreement or herein.
    • Destruction. Except as provided herein, User must destroy the Acxiom Provider Data, including any copies, upon the termination of the Agreement. Upon request, User will provide written certification of destruction.
  2. TERMS AND CONDITIONS. Except as specifically provided otherwise in the Agreement, the following terms and conditions apply to the Acxiom Provider Data provided pursuant to the Agreement:
    • Permitted Use. The Acxiom Provider Data may be used to perform or support User’s marketing programs to consumers and businesses, including support of on-line targeted marketing campaigns (“Online Targeting”) through distribution to owners or operators of third-party applications or platforms (g., ad networks, data management platforms, demand-side platforms) or online, television, telephone, wireless, or other digital properties offering online advertising distribution channels (collectively, “Publishers”). When used for consumer marketing, the Acxiom Provider Data shall be used to determine a consumer’s interest in, or likelihood to respond to, a User solicitation, and not for exclusionary or discriminatory purposes.
    • Online Targeting. Where the Acxiom Provider Data are used for Online Targeting, the following terms shall apply:
      • User may use the Acxiom Provider Data to create, segment, or select a marketing-campaign audience (“Online Audience”) for an Online Targeting campaign.
      • User must contract directly with Salesforce for the use of their services, and pay the fees established in the Agreement as assessed by Salesforce, including media-buy, advertising, or data-usage fees.
    • General Restrictions. The Acxiom Provider Data are to be used solely for the marketing of User’s products and services. The Acxiom Provider Data shall not be: (i) used as a factor in establishing an individual’s creditworthiness or eligibility for credit, insurance, or employment, or in connection with credit repair services; (ii) used in individual-look-up reference applications; (iii) provided by User to any third party; (iv) used in the development of any products to be provided to a third party, including the support or sale of advertising services to a third party; or (v) used to advertise, sell, or exchange any illegal or illicit products or services, including pornography, illegal drugs, or illegal weapons.
    • Marketing Communications. All marketing communications used in connection with any list or data element provided to User shall be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation or the source of the recipient’s name and address. If requested, User will provide Acxiom with a representative sample of any marketing communication pertaining to use of the Acxiom Provider Data. Any email deployed by User using the Acxiom Provider Data will: (i) contain an opt-out provision, (ii) identify User and provide a valid physical address, and (iii) clearly express the intent of the email communication.
    • Additional Restrictions. If additional or revised restrictions are imposed on Acxiom by a Data Provider, Acxiom shall promptly advise Salesforce in writing of such additional restrictions and Salesforce shall communicate them to User. Unless a shorter time frame is required and specified in the notice, User shall have thirty (30) days to comply with the additional restrictions. If User is unable or unwilling to comply with the additional restrictions, then: (i) User shall notify Salesforce in writing and discontinue using the affected Acxiom Provider Data; (ii) Acxiom shall suspend delivery of such Acxiom Provider Data; and (iii) the applicable Agreement shall be terminated as to such Data Product.