CASL Indemnification for Supplied Client Email Lists


The following compliance provisions and indemnification are made on between:


BERNINA of Canada
108-620 Alden Road
Markham, ON L3R 3L5
Herein referred to as 'BERNINA'

Herein referred to as ‘Dealer’


Under this agreement BERNINA will deploy commercial electronic messages (CEMs) and email marketing services on behalf of Dealer. Dealer certifies that any list supplied to BERNINA is complaint, as it relates to Canada’s Anti-Spam Legislation (CASL), The Canadian Radio-Television and Telecommunications Commission (CRTC), The Competition Bureau, & The Office of the Privacy Commissioner. This agreement and indemnification applies to both existing and supplied email marketing lists supplied by Dealer to BERNINA.


Dealer agrees to release, indemnify, and hold BERNINA, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement.


If BERNINA is threatened with suit by a third party, it may seek written assurances from Dealer concerning this agreement to indemnify BERNINA; failure to provide those assurances may be considered to be a breach of Dealer's Agreement and may result in cancellation of any ongoing services and legal action against Dealer.


BERNINA warrants that all applicable CASL requirements are met with when sending Commercial Electronic Messages on behalf of Dealer. BERNINA warrants that any and all unsubscribe requests will be honoured within 10 business days and will be removed from Dealer's email marketing list before the list is returned to Dealer.


This agreement will remain in effect until it is revoked in writing by either party.



Martin Favre, President
BERNINA of Canada

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