Common use of Campaigns Clause in Contracts

Campaigns. For the purposes of this Agreement, the term “Creative Materials” shall be defined as all materials used to promote a Campaign (whether created by Advertiser or by Company), including, without limitation, text (including the subject and “friendly” from lines, and any legal or technical disclosures), graphic files, rich text, HTML images, banners, artwork, logos, and trademarks. It is understood that Company may, in its sole discretion, cease, reject, or remove any Campaign or associated Creative Materials from distribution, for any reason. Advertiser shall be solely responsible for any liability arising out of or relating to the content of all Creative Materials and any other materials to which end-users (each a “Consumer”) can link to therefrom. Advertiser hereby agrees that all Creative Materials do not and shall never: (a) misrepresent Advertiser or any of the products or services being promoted on Advertiser’s behalf; or (b) violate any applicable federal, state or local law or regulation relating to the Internet, false advertising, and/or unfair competition or business practices, including, but not limited to, privacy laws (including the right to share lead contact information with third-parties), the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”) and the e-mail marketing laws of the several states that are not pre-empted by CAN-SPAM, Section 5 of the Federal Trade Commission Act, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“TCPA”), Personal Information Protection and Electronic Documents Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, Health Insurance Portability and Accountability Act of 1996, the Fighting Internet and Wireless Spam Act, Canada’s Online Protection Legislation, and the regulations promulgated thereunder (collectively, “Applicable Laws”). If any such Applicable Laws are amended or modified, in whole or in part, then Advertiser shall ensure that the Creative Materials comply fully with all applicable requirements thereof, on and after the effective date of any such amendment or modification. Advertiser shall also provide Company with access to updated “do not e-mail” lists or other suppression lists (collectively, “Suppression Files”) in connection with each Campaign. Advertiser shall be solely responsible for complying with all Applicable Laws regarding maintaining and updating any Advertiser-generated Suppression Files. Advertiser hereby confirms the authenticity and accuracy of all claims made throughout all Creative Materials; and Advertiser acknowledges and agrees that Company has no obligation to review Creative Materials for legal, regulatory or compliance purposes. Company may, without prior notice or liability, refuse or suspend any Campaign if Company determines, in its sole discretion that such Campaign may expose Company to litigation, liability or risk of adverse publicity, or is otherwise deemed inappropriate.

Campaigns. For all PUBLISHER's that maintain their own PUBLISHER networks, PUBLISHER agrees to place the purposes of this Agreement, the term “Creative Materials” shall be defined as all materials used to promote a Campaign (whether created by Advertiser or by Company), including, without limitation, text (including the subject and “friendly” from lines, and any legal or technical disclosures), graphic files, rich text, HTML images, banners, artwork, logos, and trademarks. It is understood that Company may, Links in its sole discretion, cease, reject, or remove any Campaign or associated Creative Materials from distribution, PUBLISHER network (the "Network") for any reason. Advertiser shall be solely responsible for any liability arising out of or relating to access and use by those Publishers in the content of all Creative Materials and any other materials to which end-users PUBLISHER's Network (each a “Consumer”) can link to therefrom"Third Party PUBLISHER"). Advertiser hereby PUBLISHER agrees that all Creative Materials do not and shall never: (a) misrepresent Advertiser or it will expressly forbid any of Third Party Publisher to modify the products or services being promoted on Advertiser’s behalf; or (b) violate Links in any applicable federal, state or local law or regulation relating way. PUBLISHER agrees to maintain its Network according to the Internet, false advertising, and/or unfair competition highest industry standards. PUBLISHER shall not permit any party to be a Third Party Publisher whose web site or business practicesmodel involves content containing Objectionable Content. All Third Party Publishers must be in good standing with PUBLISHER. PUBLISHER must require and confirm that all Third Party Publishers affirmatively accept, includingthrough verifiable means, but this AGREEMENT prior to LIMITED LICENSE & INTELLECTUAL PROPERTY We grant you a nonexclusive, BY DISABLING THE LINKS OR PROVIDING YOU WITH A WRITTEN NOTICE. UPON TERMINATION OF YOUR PARTICIPATION IN ONE OR MORE OFFERS OR THIS AGREEMENT FOR ANY REASON, YOU WILL IMMEDIATELY CEASE ALL USE OF AND DELETE ALL LINKS, PLUS ALL COMPANY OR CLIENT INTELLECTUAL PROPERTY, AND WILL CEASE REPRESENTING YOURSELF AS A COMPANY OR CLIENT PUBLISHER FOR SUCH ONE OR MORE OFFERS. ALL RIGHTS TO VALIDLY ACCRUED PAYMENTS, CAUSES OF ACTION AND ANY PROVISIONS, WHICH BY THEIR TERMS ARE INTENDED TO SURVIVE TERMINATION, SHALL SURVIVE ANY TERMINATION. 6. REMEDIES In Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not limited tosuch Commissions were earned as a result of such breach. In the event of a material breach of this AGREEMENT, privacy laws (including COMPANY reserves the right to share lead disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions. 7. ANTI-SPAM POLICY You must strictly comply with third-parties), the federal CAN-SPAM Act of 2003, as amended 2003 (“CAN-SPAM”) and the e-mail marketing laws of the several states that are not pre-empted by CAN-SPAM, Section 5 of the Federal Trade Commission Act, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“TCPA”), Personal Information Protection and Electronic Documents Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, Health Insurance Portability and Accountability Act of 1996, the Fighting Internet and Wireless Spam Act, Canada’s Online Protection Legislation, and the regulations promulgated thereunder (collectively, “Applicable Laws”"ACT"). If any such Applicable Laws are amended All emails sent in connection with the PUBLISHER Program must include the appropriate party's optout link. From time to time, we may request - prior to your sending emails containing linking or modified, in whole or in part, then Advertiser shall referencing the PUBLISHER Program that you submit the final version of your email to COMPANY for approval by sending it to your COMPANY representative and upon receiving written approval from COMPANY of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the Creative Materials comply fully email complies with all applicable requirements thereof, on and after the effective date ACT. You agree not to rely upon the COMPANY approval of any such amendment or modification. Advertiser shall also provide Company your email for compliance with access to updated “do not e-mail” lists or other suppression lists (collectively, “Suppression Files”) in connection with each Campaign. Advertiser shall be solely responsible for complying with all Applicable Laws regarding maintaining and updating any Advertiser-generated Suppression Files. Advertiser hereby confirms the authenticity and accuracy of all claims made throughout all Creative Materials; and Advertiser acknowledges and agrees that Company has no obligation to review Creative Materials for legal, regulatory or compliance purposes. Company may, without prior notice or liability, refuse or suspend any Campaign if Company determines, in its sole discretion that such Campaign may expose Company to litigation, liability or risk of adverse publicityACT, or is otherwise deemed inappropriateassert any claim that you are in compliance with the ACT based upon the COMPANY approval. 8.

Campaigns. For the purposes of this Agreement, the term “Creative Materials” shall be defined as all materials used to promote a Campaign (whether created by Advertiser or by Company), including, without limitation, text (including the subject and “friendly” from lines, and any legal or technical disclosures), graphic files, rich text, HTML images, banners, artwork, logos, and trademarks. It is understood that Company may, in its sole discretion, cease, reject, or remove any Campaign or associated Creative Materials from distribution, for any reason. Advertiser shall be solely responsible for any liability arising out of or relating to the content of all Creative Materials and any other materials to which end-users (each a “Consumer”) can link to therefrom. Advertiser hereby agrees that all Creative Materials do not and shall never: (a) misrepresent Advertiser or any of the products or services being promoted on Advertiser’s behalf; or (b) violate any applicable federal, state or local law or regulation relating to the Internet, false advertising, and/or unfair competition or business practices, including, but not limited to, privacy laws (including in cluding the right to share lead contact information with third-parties), the CAN-SPAM Act of 2003, as amended (“CAN-SPAM”) and the e-mail marketing laws of the several states that are not pre-empted by CAN-SPAM, Section 5 of the Federal Trade Commission Act, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“TCPA”), Personal Information Protection and Electronic Documents Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, Health Insurance Portability and Accountability Act of 1996, the Fighting Internet and Wireless Spam Act, Canada’s Online Protection Legislation, and the regulations promulgated thereunder (collectively, “Applicable Laws”). If any such Applicable Laws are amended or modified, in whole or in part, then Advertiser shall ensure that the Creative Materials comply fully with all applicable requirements thereof, on and after the effective date of any such amendment or modification. Advertiser shall also provide Company with access to updated “do not e-mail” lists or other suppression lists (collectively, “Suppression Files”) in connection with each Campaign. Advertiser shall be solely responsible for complying with all Applicable Laws regarding maintaining and updating any Advertiser-generated Suppression Files. Advertiser hereby confirms the authenticity and accuracy of all claims made throughout all Creative Materials; and Advertiser acknowledges and agrees that Company has no obligation to review Creative Materials for legal, regulatory or compliance purposes. Company may, without prior notice or liability, refuse or suspend any Campaign if Company determines, in its sole discretion that such Campaign may expose Company to litigation, liability or risk of adverse publicity, or is otherwise deemed inappropriate.