For more information, or if you're seeking a more detailed list, please contact Jana Cole regarding member lists or send us a signed copy of the agreement with your information attached.
Ownership: That the Delta Upsilon membership roster is the sole property of Delta Upsilon Fraternity, Inc.
Access: That access to the Delta Upsilon membership file is a privilege, not a right of membership, and that any violation of this Agreement may result in the Member's loss of this privilege and/or the loss of the Member's membership in the Fraternity.
Liquidated Damages: That Member agrees that he will pay as liquidated damages to Delta Upsilon Fraternity, Inc. $100 per addressee of each letter or email message that is in violation of this agreement.
Term: That Member has license to use the Fraternity membership roster for a period of 180 days from the date first above written.
Use: That Member may use the Delta Upsilon membership roster to facilitate the organization or re-organization of an alumni chapter or collegiate chapter alumni association, or to solicit for donations to a chapter heritage fund that is a fund account within the Delta Upsilon Foundation, Inc., but may not be used for any commercial purpose nor may it be used to solicit for any organization, public or private, for profit or non-profit, nor may it be used to solicit for any political purpose.
Sale and Distribution: That the Delta Upsilon membership roster may not be sold or in any way distributed or released to any party inside or outside of the membership of Fraternity without the written consent of the Fraternity.
Violation of Law: That Member may not use, for himself or on behalf of any organizational component of the Fraternity (Collegiate Chapter, Chapter Alumni Association, Chapter Housing Corporation, Alumni Club) the Delta Upsilon membership roster to promote any activity that violates the Constitution, Laws, or Policies of the Fraternity or the laws of the Federal government or of any state or of any political subdivision of a state.
Agency: That the Member is not an agent of the Fraternity, and that he will refrain from representing himself to be an agent of the Fraternity.
Indemnification: That the Member indemnifies the Fraternity against any legal action that may arise from his use of the membership file in any form that violates this agreement.
Notices: Any notice required or permitted to be given under this Agreement shall be sufficient if in writing, and if sent by first class mail to addresses first above written.
Waiver of Breach/Reformation, Savings Clause: The waiver or non-enforcement by Fraternity or Member of a breach of any provisions of this Agreement by Fraternity or Member shall not operate or be construed as a waiver of any subsequent breach by Fraternity or Member.
Assignment: Member acknowledges that the services and activities to be rendered by him on behalf of the Fraternity or an affiliated unit of the Fraternity are unique and personal. Accordingly, Member may not assign any of his rights or delegate any of his duties or obligations under this Agreement without prior written consent of Fraternity and any such assignment is void.
Severability: Every provision of this Agreement is entitled to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
Amendments: No alterations, modifications, amendments or changes herein shall be effective or binding upon the parties unless the same shall have been agreed to in writing by all the parties hereto.
Section Headings: Section and other headings in this Agreement are for reference purposes only, and are in no way intended to describe, interpret, define or limit the scope or extent of any provision hereof.
Counterpart Execution: This agreement may be executed by any number of counterparts with the same effect as if all parties hereto had signed the same document. All counterparts shall be construed together and shall constitute one agreement.
Indiana Law: It is the intention of the parties that the laws of Indiana, without reference to the choice of law principles thereof, govern the termination and validity of this Agreement, the construction of these terms and the interpretation of the rights and duties of the parties. Any litigation with respect to this Agreement shall commence in the Circuit Court for the County of Marion, Indiana or in the U. S. District Court for the Central District of Indiana.
Rights Cumulative: The rights of Fraternity hereunder shall be cumulative and the enforcement by Fraternity of any right shall not affect in any way the ability of Fraternity to enforce any other right hereunder.
Entire Agreement. This instrument contains the entire agreement of the parties and may not be changed orally but only by agreement in writing signed by the party against whom the enforcement of any waiver, change, modification or discharge is sought.