"THIS AGREEMENT is made and entered into this ---- day of 20 , ---- between the NATIONAL SAFETY COMPLIANCE,
INC., acting by and through the State of California, DEPARTMENT OF MOTOR VEHICLES, herein called SELLER, and
, herein called BUYER. BUYER desires to purchase information from SELLER'S record under the terms and conditions
and at the rates set forth in the "NSC Employer Pull Notice Program, Information For Enrollment," attached
hereto
and hereby incorporated and made a part of this contract. SELLER will furnish information in accordance with the
terms specified below:
1. SELLER will furnish said information as soon as possible after receipt of request, and will
furnish
a subsequent report each time a record is updated under the following conditions while the BUYER'S
notification
request remains valid and uncanceled: abstracts of conviction, failure to appear notices, failure to pay
notices,
accidents, suspensions, revocations or any other actions taken against the driving privilege or certificate.
2. BUYER will not use any information or portions of information acquired under the provisions of
this contract
for any purpose other than administering company policies in regard to the driving record requirements of
employees. BUYER will not sell, assign or otherwise transfer any of the information or portions of
information
acquired under the provisions of this contract. For breach of this condition, or if the buyer fails to pay
money owed the seller within 45 days of billing, the SELLER may elect to cancel this contract immediately
upon
notice to the BUYER.
3. All sensitive data, documentation, or other information, which is designated confidential by SELLER
and
is inadvertently made available to BUYER will be protected by BUYER from unauthorized use and disclosure.
4. BUYER agrees to defend, indemnify and hold harmless SELLER and its officers, agents and employees
from any
and all claims, actions, damages and losses which may be brought or alleged against SELLER, its officers,
agents or employees by reason of the negligent, intentional, improper or unauthorized use or dissemination
by BUYER, or its officers, agents or employees of accurate information furnished to BUYER by SELLER under
this Agreement.
5. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed
by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on
any of the parties hereto.
6. This Agreement is not assignable by BUYER either in whole or in part.
7. BUYER and its agents or employees shall act in an independent capacity and not as officers,
employees or agents of SELLER.
8. This Agreement is subject to any restrictions, limitations or conditions enacted by the Legislature
which
may affect the provisions or terms of this Agreement in any manner.
9. Except for the election of SELLER to cease furnishing information or to cancel this contract upon
notice
as above provided, this contract shall continue until canceled by either party upon at least thirty (30)
days written notice to the other.
I agree.
I disagree