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Terms of Service

D&B Direct Trial Registration

Version 1.0 - 05/24/2012 3:30PM

I have read the Trial Order Terms (D&B Direct) below, and by clicking “Agree” , hereby agree that my Company is bound by its terms and that I have the authority to enter into this Trial Order on behalf of my Company.

Trial Order Terms (D&B Direct)

This Trial Order takes effect when you click “Agree”. This Trial Order is between Dun & Bradstreet, Inc. (“D&B”) and the entity named in the registration completed by you (“Company”). In consideration of the mutual obligations set forth in this Trial Order, the sufficiency of which is hereby acknowledged, each party agrees to the terms and conditions below:

1.        Non-Production Trial Service.  D&B hereby grants a limited, revocable, non-exclusive, non-assignable and non-transferable right and license (“License”) to Company to use the D&B Direct API services (“Services”), but without access to D&B’s production databases, solely for the internal purpose of testing the API functionality, familiarizing itself with the Services and to understand their uses and applications (“Trial Purposes”).  

2.         Production Trial Service. If Company is approved by D&B for a Production Trial, in D&B’s sole discretion, then D&B grants an additional License to Company to use the Services with access to D&B’s production databases, subject to the Service Terms, solely for Trial Purposes.

3.         Service Terms:

a.   Limits. 1,000 API service calls per day

b.   Term of License.  The term of the Production Trial License shall begin on the date of delivery of the unique Access ID (the “APIKEY”), or the date the APIKEY is given Production access, as applicable, and will expire 90 days thereafter (“Test Period”).   D&B reserves the right to terminate this Trial Order prior to the end of the Test Period at its sole discretion.

4.         Restrictions.  For each License, Company will be entitled to and issued one APIKEY for one application or use case.  Any additional applications or use cases shall require an additional license.  Company may not make any commercial or production use of the Services whatsoever. Company may not copy or otherwise reproduce any part of the Services. The Services may only be accessed and used within the one application or use case.  License rights granted hereunder are intended to be construed narrowly and all rights not expressly granted herein are reserved to D&B. Load testing cannot be performed.  Company shall not perform or permit bulk/batch downloads or robotically or otherwise automatically harvest data using the Services unless it has received D&B’s prior written approval.  D&B reserves the right to limit the volume of inquiries placed at any time.  Company shall not remove any copyright or other proprietary notices from the Services.  The Services may be accessed by Company only in the United States.  Company shall not share its user IDs and passwords outside the U.S., nor may it share Information with persons located outside the U.S.  Company will not use data from the Services as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or (ii) employment.  In addition, Company will not use any data from the Services to engage in any unfair or deceptive practices and will use the Services only in compliance with applicable state, local, federal or foreign laws or regulations, including but not limited to laws and regulations promulgated by the Office of Foreign Asset Control, applicable export restrictions, and/or those laws and regulations regarding telemarketing, customer solicitation (including fax and/or e-mail solicitation), data protection and privacy.

5.         Security.  Company will implement and maintain security measures with respect to the Services in Company's possession that effectively restrict access to the Services only to authorized users with a need to know, and protect the Services from unauthorized use, alteration, access, publication and distribution. In no event shall such security measures be less restrictive than those Company employs to safeguard its most confidential information.   In the event of an actual or suspected breach of such security measures, Company shall notify D&B within 24 hours.

6.         Copyrights and Other Proprietary Rights.   The Services are proprietary to D&B and may include copyrighted works, trade secrets, or other materials created by D&B at great effort and expense.  Company will not contest the validity or D&B’s ownership of, or impair the value of, the Services in any way.

7.         DISCLAIMERS; LIMITATIONS ON LIABILITY. D&B MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY ASSUMES ALL RISKS IN CONNECTION WITH ITS USE OF THE SERVICES.  IN NO EVENT SHALL D&B BE LIABLE TO COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF GOOD WILL, OR LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF D&B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Third parties that provide information, software or services to D&B for use in providing the Services are entitled to the benefits and protections of this Section 7 to the same extent as D&B.  This Trial Order is not intended to, nor may be deemed to create any rights of enforcement in any person who is not a signatory.

8.         Audit.  D&B reserves the right, on reasonable notice to Company, to enter Company’s premises to audit Company's compliance with the terms of this Trial Order and Company agrees to fully cooperate with D&B in such regard.

9.         Assignment.  Company may not assign any of its rights or obligations under this Trial Order.  All attempted assignments of rights or obligations are void.

10.       Governing Law.   The laws of the State of New Jersey, (without giving effect to its conflicts of law principles) govern all matters, including tort claims, arising out of or relating to this Trial Order, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

11.       Entire Agreement, Amendment, Waiver.  This Trial Order embodies the entire agreement and understanding between the parties relating to the subject matter hereof, and supersedes all prior proposals, agreements and understandings relating to such subject matter.  This Trial Order may not be amended except in writing signed by both parties hereto.  No waiver of any condition, term or provision of this Trial Order shall be deemed to be a waiver of any preceding or succeeding breach of such condition, term or provision or of any condition, term or provision hereof.

12.      Publicity.  Neither party will use the name or trademarks of the other party in any news release, publicity, advertising, or endorsement, without the prior written approval of the other party.  Company will not disclose this Trial Order or any details regarding the Trial to any third party without D&B’s consent.

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