This Addendum to ACCUFAX Div., Southvest Inc. Business Information Services Agreement for Internet
Delivery (the "Addendum") is made as of Thursday, October 10, 2024 via: 44.200.122.214, by and between ACCUFAX Div.,
Southvest Inc.("Distributor" or "Reseller"), Experian Information Solutions, Inc. ("Experian") and
("Subscriber").
WHEREAS, Distributor (or Reseller) and Subscriber have entered into a Business Information Services
Agreement, dated Thursday, October 10, 2024 via: 44.200.122.214 (the "Agreement") whereby Distributor (or Reseller)
provides certain on-line business credit reporting services ("Services") to Subscriber; and
WHEREAS, Subscriber has requested access to certain services offered by Experian through an Internet
connection ("Internet Credit Delivery Services" or "ICDS"), and Experian desires to allow such access based on
Subscriber's and Distributor's (or Reseller's) agreement to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Experian,
Distributor (or Reseller) and Subscriber agree as follows:
- Subscriber shall obtain Internet access to ICDS only through the individual Subscriber employees who are
specifically approved by Experian upon the written request of Subscriber and on the terms and conditions
contained in this Addendum (each an "Authorized Employee"). Subscriber shall request Internet access in
writing in a form approved by Experian from time to time. Authorized Employees will be assigned unique access
identification numbers ("User ID") and passwords. Experian's approval of requests for Internet access may be
granted or withheld in its sole discretion. Experian may add to or change its requirements for granting Internet
access to ICDS at any time [including, without limitation, the imposition of fees relating to Internet Access upon
reasonable notice to Distributor (or Reseller)], and reserves the right to change passwords and to revoke any
authorizations previously granted. Distributor (or Reseller) shall notify Experian, in writing, whether or not
Subscriber has signed a certification agreeing to comply with the federal Fair Credit Reporting Act relating to its
use of Experian's Business Owner Profile ("BOP") and Small Business Intelliscore ("SBI") services. Subscriber
may not access BOP or SBI services through an Internet connection unless such certification has been
executed.
- Only Authorized Employees shall utilize Internet access, and only through the User ID and password assigned to
such employee by Experian. Subscriber shall request User ID's and passwords only for those employees of
Subscriber who have a legitimate need to access ICDS in performing his or her duties for Subscriber. Prior to
requesting User ID's for Authorized Employees, Subscriber shall provide adequate training regarding the
requirements to this Addendum and applicable laws. Subscriber will ensure that each Authorized Employee (i) is
familiar with the requirements specified herein, and agrees to comply with such requirements, (ii) agrees not to
disclose the User ID and password assigned to the Authorized Employee to any other person, and (iii) agrees
not to order business credit reports or other data from Experian's site except in performance of Employee's
official duties for Subscriber.
- Subscriber acknowledges and agrees that it is responsible for all activities of Subscriber’s employees in utilizing
Internet access and for assuring the facilities for receipt of information provided to it through the Internet are
secure and in compliance with the Agreement. Subscriber shall not retransmit or otherwise make available to
any person ICDS (including any of the information therein) on or through the Internet or other generally
accessible network or delivery method.
- Subscriber agrees to notify Experian in writing immediately if it wishes to delete any employee as an Authorized
Employee or if any Authorized Employee is terminated or otherwise loses his or her status as an Authorized
Employee.
- Subscriber acknowledges and agrees that this Addendum is in addition to the requirements of Distributor's (or
Reseller's) membership application process, including Access Security Requirements (except where expressly
modified by this Addendum) which are applicable to Distributor's (or Reseller's) provision of BOP reports and SBI
services. Subscriber will abide by any additional or further security procedures specified by Experian or
Distributor (or Reseller) from time to time.
- Subscriber shall use its best efforts to ensure the confidentiality of all User ID's and passwords issued by
Experian to Subscriber's employees. Subscriber shall indemnify Experian against any damage or disruption to
Experian systems or business caused by Subscriber’s employees, subcontractors, subcontractor employees or its clients whether as a result of their access to such systems or compromise of password confidentiality or
otherwise.
- Subscriber understands that its use of Experian networking and computing resources may be monitored and
audited by Experian, without further notice.
- Experian may from time to time audit the security mechanisms Subscriber maintains to safeguard access to
Experian information, systems and electronic communications. Audits may include examination of systems
security and associated administrative practices.
- If Experian or Distributor (or Reseller) believes that Subscriber has breached a material obligation contained in
this Addendum, Experian or Distributor (or Reseller) may terminate this Addendum immediately by providing the
other parties notice of termination.
- Experian shall have no obligation or liability for or on account of any mechanical or other breakdown, malfunction
or defect in the Internet connection accessed by Subscriber. EXPERIAN MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS ADDENDUM.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES
WILL EXPERIAN HAVE ANY OBLIGATION OR LIABILITY TO SUBSCRIBER FOR ANY CLAIM, INJURY OR
DAMAGE RELATING TO, ARISING OUT OF, OR RESULTING FROM SUBSCRIBER'S INTERNET ACCESS
TO THE SERVICES.
- NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES
SHALL A PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT DAMAGES ARISING FROM
THE LOSS OF BUSINESS, DATA, PROFITS OR GOODWILL WHICH ARE NOT DIRECT DAMAGES)
INCURRED OR SUFFERED BY THAT PARTY BY REASON OF THE OTHER PARTY’S PERFORMANCE OR
NONPERFORMANCE UNDER THIS ADDENDUM, OR FOR ANY OTHER REASON, EVEN IF APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES.
- Except as expressly amended by this Addendum, the Agreement remains in full force and effect. The terms of
this Addendum shall prevail in the event of any inconsistency between this Addendum and the Agreement.
IN WITNESS WHEREOF, Subscriber, Distributor (or Reseller) and Experian have each caused this
Addendum to be executed by their respective duly authorized representatives as of the date first above written. By typing your member name below exactly as it appears on the 'Member Information' tab, you are electronically signing this document.
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