Customer AgreementHomeAboutBlogContactIdentify blind spots, sell more products and reduce cost of sale.
(date of last revision: Mar 2, 2023)
Senex provides complete demand-side market intelligence for leaders in Marketing, Product, and Sales. Senex provides you with end-to-end mapping of your products and your markets so you can see the whole picture. The data is delivered via reports (“Platform”) and other professional services (“Professional Services”) (Platform and Professional Services collectively referred to as “Services”). Senex has agreed to provide certain such Services to Customer as set out in a Statement of Work (“SOW”), subject to the terms and conditions of this Agreement. BY ACCEPTING A STATEMENT OF WORK THAT REFERENCES THIS AGREEMENT, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT.
This Customer Agreement (the “Agreement”) governs all Services provided by Senex to Customer. In the event of any inconsistency or conflict between a term in this Agreement and a term in a SOW, the term in this Agreement shall take precedence, unless expressly stated otherwise in the relevant SOW. Terms beginning with capital letters used in this Agreement are defined in section 15 and these shall apply both to this Agreement and to each SOW.
2.1 General
2.1.1 Senex shall supply the Services specified in each SOW, subject to the terms of this Agreement. Senex shall not be obliged to supply any services that are not specified in a SOW. Each party will use reasonable endeavors to meet any deadlines specified in the relevant SOW but, unless expressly specified to the contrary, it shall not be a condition of any SOW that any deadline is met.
2.1.2 Customer’s use of the Services may require Customer to complete a registration process which requires Customer to create a user name and password. Customer is responsible for maintaining the security of its password and identification and Customer agrees to accept all risks of unauthorized access to its account.
2.2 Professional Services
2.2.1 Senex may provide Customer with certain Professional Services as specified in the SOW.
2.2.2 In the event that Customer reschedules Professional Services, Customer will be responsible for any Losses incurred by Senex. In no event may Customer cancel Professional Services.
2.2.3 The Professional Services contract ends on the End Date specified in the SOW, and any Professional Services that may not have been utilized by Customer (other than through fault of Senex) by such End Date will be forfeited, and full payment for such Professional Services shall be due to Senex.
2.2.4 Customer may enter into a SOW with Senex for the provision of Retainer Services. Customer agrees to utilize its full annual commitment, as specified in the SOW, for such Retainer Services by the End Date. Customer shall be responsible for the full annual commitment whether or not Customer has utilized the full commitment amount for such Retainer Services.
3.1 Customer shall pay to Senex the Fees specified in a SOW on the payment terms set out therein. Unless otherwise specified in a SOW, Senex shall invoice Fees annually in advance and payment is due within thirty (30) calendar days of the date of invoice. Unless otherwise specified in a SOW, Fees set out in that SOW are exclusive of any applicable sales taxes or other applicable taxes, duties or equivalent charges in relation to the Services and Customer agrees to pay all such taxes, duties or charges, if applicable, to Senex in addition to the Fees themselves.
3.2 Any Services supplied by Senex at the request of the Customer which are not specified in a SOW will be charged and/or invoiced at Senex’s then standard time and materials rate or at the rate specified in a then current SOW for substantially similar Services, if applicable.
3.3 Senex may charge Customer for all reasonable travel time, travel, accommodations and subsistence expenses incurred in providing any Services that are pre-approved by Customer in writing. Where reasonable, all such expenses will be estimated in advance in the relevant SOW.
3.4 If Customer is late in paying any invoices, then Senex may, if it wishes to do so, charge interest after the due date on all unpaid amounts. Interest will be charged at a rate of five percent (5%) per year above the Rate for the applicable time. In the event Customer is late in paying an invoice by more than 180 days, then Customer shall also be responsible for any reasonable collection costs incurred by Senex, including reasonable attorneys’ fees.
4.1 Ownership Rights. Each party retains any and all right, title and interest in and to its website(s), Intellectual Property, Customer Content (in the case of Customer), the Services and Senex Content (in the case of Senex), and all components thereof. Under no circumstances will this Agreement be construed as granting, by implication, estoppel or otherwise, any license or other right in or to any Intellectual Property of either party or other property or components thereof, other than as specifically granted in this Agreement.
4.2 License to Senex Platform. Subject to the terms and conditions herein, in exchange for full payment of the applicable Fees, Senex hereby grants Customer a limited, revocable, non-exclusive, non-transferable (except as provided for in section 14.1 herein), non-sublicensable, worldwide license to use the Platform solely for the purposes described in this Agreement and the applicable SOW. All rights not expressly granted to Customer in this Agreement or the applicable SOW are reserved by Senex and its licensors. Except as expressly permitted by Senex, Customer shall not: (a) license, sublicense, sell, resell, rent, share, transfer or assign, the Platform in any way; (b) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by applicable law) or create derivative works based upon the Platform, the underlying technology or any of Senex’s Intellectual Property; (c) use any data mining, robots or similar data gathering or extraction methods; or (d) use any of the Platform for any purposes other than for its intended purposes as set out in this Agreement or the applicable SOW. This license shall terminate automatically upon termination or expiration of the associated SOW.
4.3 License to Customer Content and Data – Customer hereby grants Senex a non-transferable (except as provided for in section 14.1 herein), royalty-free, non-exclusive, worldwide license to perform such acts in connection with Customer Content and Data as is necessary to provide the Services and as described in an applicable SOW. The foregoing license includes, without limitation, permission for Senex to: (a) aggregate, publicly display, distribute, modify (only upon Customer request), reproduce, and store Customer Content and Data solely to provide the Services; (b) use Customer’s Name in connection with any Customer Content and Data; (c) offer, provide open access to, distribute, and transmit Customer Content and Data on or through senexglobal.com (or other website wholly-owned and/or operated by Senex) and/or sub-domains thereof or via such technologies as are or may in the future be supported by Senex. Such license shall apply with respect to any form, media, or technology now known or later developed. For the avoidance of doubt, the parties expressly agree and acknowledge that the Services do not include taking title to any of Customer Content and Data. This license shall terminate automatically when Customer Content and Data is deleted from the Senex Platform, except to the extent that: (i) Senex is obliged by applicable law to retain a copy of any Customer Content and Data, in which case this license will expire upon the expiry of that legal obligation; or (ii) Senex reasonably needs to retain a copy of any Customer Content and Data for the purpose of any actual or potential legal proceedings, in which case this license will expire upon the later of the final resolution of those proceedings or the expiry of the applicable limitation period. Customer may, at any time, ask Senex to unpublish the Customer Content and Data from the Senex Platform. This obligation shall not prevent Senex from retaining copies of the relevant Customer Content and Data for the purposes of this section 4.3.
4.4 License to Marks. Subject to the terms and conditions of this Agreement, Customer grants Senex a non-transferable (except as provided in section 14.1 herein), non-exclusive, royalty-free right to reproduce and publicly display Customer logos, trademarks, trade names and other similar identifying material or Intellectual Property (the “Marks”) that Customer provides in any Customer Content and Data to the extent necessary in connection with the Services. Senex agrees not to alter the Marks or use the Marks apart from providing the Services as directed by Customer without Customer’s written consent. This license and all sublicenses thereto shall terminate automatically when all Customer Content and Data is deleted from Senex’s platform.
4.5 Deliverables from Professional Services. In the performance of the Professional Services, Customer may hire Senex to create certain custom Deliverables for Customer exclusively, as specified in a SOW. Deliverables shall be owned by Customer, and Senex fully assigns to Customer all right, title and interest in and to such Deliverables. In the event such Deliverables contain Stock Content, Customer agrees that it only has a non-exclusive license to use such Stock Content solely as provided for in the Deliverables in accordance with this Agreement.
5.1 Each party hereby represents and warrants to the other party that: (a) it has all necessary authority to enter into and perform its obligations under this Agreement without the consent of a third party or breach of any contract or agreement with any third party, and (b) all persons performing any obligations hereunder have entered into all necessary agreements in order for it to comply with the terms and conditions of this Agreement.
5.2 Senex represents and warrants that the Services will be provided with reasonable care and skill and by means of appropriately qualified and skilled personnel in a professional and workmanlike manner.
5.3 Customer specifically represents and warrants that: (a) any Customer Content and Data and its distribution and/or publication or other use, as envisaged in this Agreement or the applicable SOW, does not and shall not infringe or misappropriate any third party’s rights, including without limitation any Intellectual Property Rights or publicity rights or otherwise breach applicable laws; (b) Customer has obtained all necessary rights, permissions and authorizations in order to license the Customer Content and Data as described herein, including rights in any stock images or data subscriptions; and (c) any obligation to pay third party license fees as a result of distribution of Customer Content and Data pursuant to this Agreement shall be Customer’s sole obligation. Senex does not make any warranties regarding the validity of the Customer Content and Data.
5.4 Senex reserves the right to take down any Customer Content and Data if Senex, in its sole reasonable discretion believes: (a) use or publication of such Customer Content and Data infringes the rights of a third party or breaches applicable law; (b) use or publication of such Customer Content and Data is or may be directly or indirectly harmful to Users, to Senex or its subsidiaries, affiliates or to other third parties; or (c) for any conduct by Customer that violates this Agreement or any applicable laws or regulations, and Senex agrees to provide notice to Customer of such take-down, to the extent permitted by applicable law.
6.1 This Agreement commences on the date it is accepted by Customer by the execution of a SOW, and shall continue in full force and effect until all SOWs executed in accordance with this Agreement have either expired or been terminated.
6.2 Unless stated otherwise in a SOW, each SOW has an initial term of twelve (12) months starting on the date of acceptance by both parties (the “Initial Term”). Upon expiration of the Initial Term and each subsequent term, each SOW will automatically renew for successive renewal terms of twelve (12) months unless either party terminates by providing written notice to the other party at least thirty (30) calendar days prior to the end of the previous term.
6.3 Either party may terminate this Agreement if: (a) the other party commits a material breach of this Agreement and such breach is not cured within thirty (30) days of receipt of notice from the non-breaching party; or (b) the other party becomes insolvent, bankrupt, liquidated or is dissolved or ceases substantially all of it business.
7.1 Senex shall keep confidential any confidential information which Customer supplies to Senex in connection with this Agreement or with a SOW and Customer agrees to do the same in relation to any confidential information which Senex supplies to Customer. Confidential information will include SOWs, this Agreement, all information marked as being confidential and any other information which might reasonably be assumed to be confidential. Senex may disclose confidential information to its own third party suppliers only if necessary and only for purposes related to a SOW.
7.2 The obligations as to confidentiality in this Agreement will not apply to any information which: (a) is available to the public other than because of any breach of this Agreement; (b) is, when it is supplied, already known to whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; (c) is independently obtained by whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or (d) is required to be disclosed by law or by any court or tribunal with proper authority to order its disclosure (but only to the extent of such requirement of disclosure and provided the recipient prompt notice of the required disclosure to the disclosing party, to the extent permitted by applicable law).
7.3 Notwithstanding any other part of this section 7, Senex shall be permitted to tell others about the Services it provides to Customer in general terms, including making reference to Customer’s identity, but without disclosing the commercial terms on which they were supplied including any fees.
8.1 Customer agrees to indemnify, defend and hold Senex and its officers, directors, shareholders and employees harmless from any third party claim, damages, loss or liabilities (including reasonable legal costs): (a) made by any third party due to or arising out of Customer Content published, transmitted or otherwise made available through the Services; (b) arising from Customer’s use of the Services which contravenes any applicable law or regulation, including but not limited to data and privacy laws; or (c) arising from use of Personal Information as further set forth in section 9 below.
8.2 Senex shall indemnify and hold Customer, its officers, directors, shareholders and employees harmless from any third party claim, damages, loss or liabilities (including reasonable legal costs) suffered or incurred by Customer directly as a result of any claim that the Senex technology used to provide the Service infringes the Intellectual Property Rights of any third party. For the avoidance of doubt, Senex is not responsible for claims relating to the Customer Content.
8.3 A party seeking to enforce an indemnity under this section 8 will: (a) give the indemnifying party prompt notice of the claim or action concerned; (b) provide reasonable cooperation with the indemnifying party in the management, defense and settlement of such claim or action, at the indemnifying party’s request and expense; and (c) use commercially reasonable endeavors to mitigate its losses incurred in connection with the claim or action.
9.1 Customer may be entitled to receive from Senex certain Personal Information with respect to Users who have subscribed to, or interacted with, Customer Content and Data, or other similar content and data. Customer agrees that once such Personal Information is transferred to Customer, Customer acts as a controller of such Personal Information and Customer represents and warrants that its storage and use of such Personal Information is in accordance with all applicable laws, and with any privacy policies Customer has published. Customer is responsible for providing complete and accurate information about its proposed uses of Personal Information to Users and for obtaining all necessary consents for those uses, as may be applicable. Customer understands and agrees that Senex is not responsible for the use of Personal Information by Customer.
9.2 Senex shall disclose Users’ Personal Information to Customer in accordance with the provisions of the applicable SOW, subject to the requirements of applicable laws, including but not limited to data protection laws. To the extent that such laws prevent or restrict Senex from disclosing User Personal Information to Customer, compliance by Senex with the requirements of such laws shall not constitute a breach of this Agreement or any SOW.
9.3 The parties agree that Senex does not sell any Personal Information to Customer and only provides Personal Information to Customer pursuant to a business purpose. Customer represents and warrants that it will not sell any Personal Information provided to Customer pursuant to this Agreement.
9.4 Except as provided herein, in the event Customer provides Senex with Personal Information relating to its employees, agents or contractors in connection with this Agreement for internal business operational purposes in providing the Services, e.g., email addresses for billing or support purposes, then Senex will only use that Personal Information in connection with providing the Services to Customer hereunder, and Senex will not further retain, disclose, collect, sell, or use such Personal Information for any other purpose. In the event a Customer representative, such as an employee, agent or contractor, signs up with the Senex Platform as a User, then Senex may use any Personal Information provided by such User pursuant to the Senex Privacy Policy, as a User of the Senex Platform.
During the term of this Agreement, Customer grants a non-exclusive, royalty-free license to use the Customer logo and/or name in Senex’s advertising, literature and websites solely in connection with the marketing of Senex Services, e.g., listing Customer as a customer of the Senex Services. Senex will adhere to any trademark guidelines given by Customer in connection with use of its logo or name.
MARKET DATA IS PROVIDED, AND CUSTOMER AGREES THAT THE MARKET DATA IS PROVIDED, ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOMER AGREES THAT: SENEX AND ITS AFFILIATES; THE SENEX PLATFORM AND ITS AFFILIATES; AND ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, AND ANY LICENSOR TO EXCHANGE, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON- INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
12.1 CUSTOMER AGREES THAT: SENEX AND ITS AFFILIATES; SENEX PLATFORM AND SENEX SERVICES; AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS AND ANY LICENSOR TO EXCHANGE: (i) DO NOT GUARANTEE THE SEQUENCE, ACCURACY OR COMPLETENESS OF THE MARKET DATA, NOR SHALL ANY OF THEM BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN MARKET DATA, OR IN THE TRANSMISSION THEREOF, OR FOR ANY OTHER DAMAGES ARISING IN CONNECTION WITH CUSTOMER’S RECEIPT OR USE OF MARKET DATA, WHETHER OR NOT RESULTING FROM NEGLIGENCE ON THEIR PART, A FORCE MAJEURE EVENT OR ANY OTHER CAUSE. (ii) SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, LIABILITY OR OTHER DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE MARKET DATA THEREUNDER, INCLUDING BUT NOT LIMITED TO: (a) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF, THE SITE OR THE MARKET DATA; OR (b) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY CUSTOMER, ITS CUSTOMERS OR ANY OTHER ENTITIES OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS. (c) LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 CUSTOMER EXPRESSLY ACKNOWLEDGES THAT SENEX, PLATFORM AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO THE AGREEMENT AND THE MARKET DATA, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MARKET DATA OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY CUSTOMER OR ANY THIRD PARTY IN CONNECTION WITH THE USE OF THE MARKET DATA.
12.3 IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY, OR ANY PART THEREOF, SHOULD BE DEEMED INVALID OR INEFFECTIVE, THE CUMULATIVE LIABILITY OF SENEX, PLATFORM, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS SHALL NOT EXCEED THE ACTUAL AMOUNT OF LOSS OR DAMAGE, OR THE SUM OF FIFTY DOLLARS ($50.00), WHICHEVER IS LESS.
The party that Customer is contracting with under this Agreement is Senex Inc., a Kentucky corporation. Notices in connection with this Agreement should be sent to Senex Inc. at 832 Lake Forest Parkway, Louisville, KY 40245.
This Agreement is governed by the laws of the State of Kentucky, and is subject to the exclusive jurisdiction of the courts of Louisville, Kentucky, USA.
14.1 Change of Control
Neither this Agreement nor any of the rights or obligations of either party under this Agreement, nor any SOW, may be assigned or transferred without the prior written agreement of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, the prior written agreement of the other party shall not be required in respect of assignments of this Agreement, any of the rights or obligations of either party under this Agreement, or any SOW, to a successor in interest, or pursuant to a merger, corporate reorganization, or a sale or transfer of all or substantially all of said party’s assets.
14.2 Entire Agreement
This Agreement and any SOW, addenda and amendments attached hereto set forth the entire agreement of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with the respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on any party unless agreed to in writing by both parties. In the event Customer issues a purchase order, or other order confirmation, or any documentation, which contains terms or conditions contrary to this Agreement, the terms of this Agreement shall prevail and any such contradictory terms or conditions shall have no force or effect.
14.3 Insurance
Both parties shall have in place and shall maintain professional indemnity and other relevant insurance coverage at a level commensurate with its potential liabilities under and in connection with this Agreement.
14.4 Force Majeure
Neither party will be responsible for, except for Fees owed, any delay, interruption or other failure to perform under this Agreement due to acts of God or circumstances beyond the direct control of the responsible party but only for so long as such conditions persist, including without limitation, epidemics or Internet or third party service failures.
14.5 Severability
If any provision (or portion thereof) of this Agreement is illegal or unenforceable under applicable law, that provision (or portion thereof) shall be struck and all other provisions of this Agreement will continue in full force and effect.
In this Agreement, the following definitions shall apply:
(i) “Affiliate” means any entity, which directly or indirectly controls, is controlled by, or is under common control with such person or entity, as applicable. “Control”, for the purposes of this definition, means direct or indirect ownership of control of more than 50% of the voting interests of the subject entity.
(ii) “Senex” means Senex Inc.;
(iii) “Senexglobal.com” means a website that is wholly-owned and/or operated by Senex and/or sub-domains thereof;
(iv) “business purpose” shall have the same meaning as prescribed in the CCPA.
(v) “CCPA” means the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.198), as may be amended from time to time.
(vi) “Customer” means the person or entity that is accepting this Agreement and its Affiliates;
(vii) “Customer Content and Data” means all content and data that is provided to Senex and published by Senex within reports, CSVs, Excels and any Senex platform by or on behalf of Customer, or otherwise provided to Customer to Senex in connection with creation of the Deliverables, including, without limitation, sales data, market data, marketing data, customer data, video, music, audio, photographs, images, text, any digital file, likenesses, any live event and all Intellectual Property therein;
(viii) “Deliverables” means custom content or data that Customer hires Senex to create for Customer exclusively, as provided for in a SOW.
(ix) “End Date” means the end date of the initial SOW term, or the expected date of delivery, as noted in the SOW.
(x) “Fees” mean charges for the Services specified in a SOW, which are owed to Senex;
(xi) “Intellectual Property Rights” or “Intellectual Property” means all legal and beneficial title and/or interest in all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks, trade secrets, trade names, rights to domain names, rights in get-up and trade dress, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications, rights to apply for and obtain, and renewals or extensions of, rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
(xii) “Losses” means expenses incurred by Senex as a result of rescheduling of Professional Services, including without limitation, time to provide Professional Services, out of pocket expenses, or loss of inventory.
(xiii) “Personal Information” means any information relating to any individual or household, who can be identified, directly or indirectly, from that information, whether in isolation or in combination with any other available information, and shall include any information that is considered personal information under the CCPA.
(xiv) “Platform” means all Senex reports and market intelligence and the technology platform accessed through senexglobal.com.
(xv) “Professional Services” means certain managed services performed by Senex as described in a SOW, including without limitation, market intelligence, data modeling, primary market research, secondary market research, strategic analysis, competitive analysis, sales analysis and forecasting, related to Customer deliverables.
(xvi) “Rate” means Federal Funds Rate;
(xvii) “Retainer Services” means Professional Services as stated for in a SOW, whereby the Customer commits to a certain annual amount to be used for various Professional Services, to be agreed to by the parties, during a 12-month period, and whereby Customer pays in advance a retainer portion of the annual commitment quarterly, or as otherwise specified in the SOW.
(xviii) “sell” shall have the same meaning as prescribed in the CCPA.
(xix) “Services” means both the Platform license and Professional Services specified in a Statement of Work;
(xx) “Statement of Work” or “SOW” means a proposal signed by both parties setting out the Services to be provided by Senex;
(xxi) “Stock Content” means content or data licensed by Senex from a third party stock content or data provider.
(xxii) “User” means a person who has completed a registration with Senex or a Senex Affiliate.
(xxiii) “Market Data” means information and data pertaining to the market for products manufactured and sold through distributors, retailers or direct. These data are measured by units shipped or sold at prices defined by Senex, as well as measures that can be calculated from the data.
If Customer believes that anything on Senex infringes on any copyright which it owns or controls, it may file a notification of such infringement with our Designated Agent as set forth below:
Notification of copyright infringement should be sent by mail, fax or email to:
Designated Agent: Robert Tancula
Address: 832 Lake Forest Parkway, Louisville, KY 40245
Telephone Number: +1 502 314 7924
Email Address: bob.tancula@senexglobal.com
In accordance with the Digital Millennium Copyright Act (DMCA), Senex has adopted a policy of limiting access to senexglobal.com and/or terminating, in appropriate circumstances and at Senex’s sole discretion, Users or account holders who are deemed to be infringers.
Customer AgreementHomeAboutBlogContact