Common use of SPAM POLICY Clause in Contracts

SPAM POLICY. 8.1 Acquire Interactive is dedicated to ensuring compliance with the Controlling the Assault of Non- Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), as amended from time to time. 8.2 Publisher represents and warrants that, with respect to any email containing or promoting a Posting that Publisher “initiates” or “sends” (as those terms are defined by the CAN-SPAM Act), it will fully comply with the CAN-SPAM Act, all rules and official guidance promulgated by the Federal Trade Commission pursuant to the CAN-SPAM Act, the Federal Communications Commission’s rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable laws, rules and regulations. Without limiting the generality of the foregoing requirement, Publisher will comply with the following requirements with respect to any email containing or promoting a Posting that Publisher initiates or sends: (i) the "FROM" line shall clearly and accurately identify the sender or company that is “sending” or “initiating” the e-mail (as those terms are defined by the CAN-SPAM Act). Notwithstanding the foregoing requirement, Publisher shall not place the name of the Advertiser, the subject of the advertisement or any false or misleading information in the FROM line; (ii) the "SUBJECT" line must be reasonably related to the subject matter of the message; (iii) the email must contain a clearly displayed, labeled, and functioning (for at least thirty days after the message is sent) unsubscribe link for both the Publisher and Advertiser. Each unsubscribe link must provide for a universal unsubscribe from receipt of commercial email from Publisher and/or Advertiser, such that any request for removal via the link results in removal from all of Publisher's and/or Advertiser's lists, as applicable. Each link must require the message recipient to do no more than visit a single web page (and not submit any information other than email address) in order to unsubscribe; (iv) the email must include a statement that identifies the email as a commercial solicitation. This may be in the header, body or footer of the email; and (v) the email must contain a valid postal address for the sender. This postal address should be listed at the top or bottom of each email. 8.3 Publisher will comply with the following additional requirements: (i) Publisher may only deliver emails to individuals who have provided consented to receive email offers; (ii) in the event of a spam complaint, Publisher will provide the following information to the filer of the complaint within one (1) business day of receipt of the complaint: (a) the website at which the filer of the complaint signed up; (b) a link to the privacy policy of the sign up site evidencing a privacy policy which clearly indicates the filer of the complaint has given permission to the publisher to receive email offers; (c) the date the filer of the complaint signed up (and the time if available); and (d) the I.P. address from which the filer of complaint signed up. 8.4 If Acquire Interactive determines in its sole discretion that Publisher has violated this Section 8 of the Agreement, Acquire Interactive will terminate Publisher, with or without notice, and any commission fees earned but not yet paid will be forfeited by Publisher. All decisions by Acquire Interactive are final. 8.5 Publisher acknowledges that it is Acquire Interactive's policy to comply with government investigations under the CAN-SPAM Act.

Appears in 1 contract

Sources: Publisher Terms and Conditions

SPAM POLICY. 8.1 9.1 Acquire Interactive is dedicated to ensuring compliance with the Controlling the Assault of Non- Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), as amended from time to time. 8.2 Publisher 9.2 Lead Provider represents and warrants that, with respect to any email containing or promoting a Posting that Publisher Lead Provider “initiates” or “sends” (as those terms are defined by the CAN-SPAM Act), it will fully comply with the CAN-SPAM Act, all rules and official guidance promulgated by the Federal Trade Commission pursuant to the CAN-SPAM Act, the Federal Communications Commission’s rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable laws, rules and regulations. Without limiting the generality of the foregoing requirement, Publisher Lead Provider will comply with the following requirements with respect to any email containing or promoting a Posting that Publisher Lead Provider initiates or sends: (i) the "FROM" line shall clearly and accurately identify the sender or company that is “sending” or “initiating” the e-mail (as those terms are defined by the CAN-SPAM Act). Notwithstanding the foregoing requirement, Publisher Lead Provider shall not place the name of the Advertiser, the subject of the advertisement or any false or misleading information in the FROM line; (ii) the "SUBJECT" line must be reasonably related to the subject matter of the message; (iii) the email must contain a clearly displayed, labeled, and functioning (for at least thirty days after the message is sent) unsubscribe link for both the Publisher Lead Provider and Advertiser. Each unsubscribe link must provide for a universal unsubscribe from receipt of commercial email from Publisher Lead Provider and/or Advertiser, such that any request for removal via the link results in removal from all of PublisherLead Provider's and/or Advertiser's lists, as applicable. Each link must require the message recipient to do no more than visit a single web page (and not submit any information other than email address) in order to unsubscribe; (iv) the email must include a statement that identifies the email as a commercial solicitation. This may be in the header, body or footer of the email; and (v) the email must contain a valid postal address for the sender. This postal address should be listed at the top or bottom of each email. 8.3 Publisher 9.3 Lead Provider will comply with the following additional requirements: (i) Publisher Lead Provider may only deliver emails to individuals who have provided consented to receive email offers; (ii) in the event of a spam complaint, Publisher Lead Provider will provide the following information to the filer of the complaint within one (1) business day of receipt of the complaint: (a) the website at which the filer of the complaint signed up; (b) a link to the privacy policy of the sign up site evidencing a privacy policy which clearly indicates the filer of the complaint has given permission to the publisher Lead Provider to receive email offers; (c) the date the filer of the complaint signed up (and the time if available); and (d) the I.P. address from which the filer of complaint signed up. 8.4 9.4 If Acquire Interactive determines in its sole discretion that Publisher Lead Provider has violated this Section 8 9 of the Agreement, Acquire Interactive will terminate PublisherLead Provider, with or without notice, and any commission fees earned but not yet paid will be forfeited by PublisherLead Provider. All decisions by Acquire Interactive are final. 8.5 Publisher 9.5 Lead Provider acknowledges that it is Acquire Interactive's policy to comply with government investigations under the CAN-SPAM Act.

Appears in 1 contract

Sources: Lead Provider Agreement

SPAM POLICY. 8.1 Acquire Interactive 7.1 PartnerWeekly is dedicated to ensuring compliance with the Controlling the Assault of Non- Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), as amended from time to time. 8.2 Publisher 7.2 Lead Provider represents and warrants that, with respect to any email containing or promoting a Posting that Publisher Lead Provider “initiates” or “sends” (as those terms are defined by the CAN-SPAM Act), it will fully comply with the CAN-SPAM Act, all rules and official guidance promulgated by the Federal Trade Commission pursuant to the CAN-SPAM Act, the Federal Communications Commission’s rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable laws, rules and regulations. Without limiting the generality of the foregoing requirement, Publisher Lead Provider will comply with the following requirements with respect to any email containing or promoting a Posting that Publisher Lead Provider initiates or sends: (i) the "FROM" line shall clearly and accurately identify the sender or company that is “sending” or “initiating” the e-mail (as those terms are defined by the CAN-SPAM Act). Notwithstanding the foregoing requirement, Publisher Lead Provider shall not place the name of the Advertiser, the subject of the advertisement or any false or misleading information in the FROM line; (ii) the "SUBJECT" line must be reasonably related to the subject matter of the message; (iii) the email must contain a clearly displayed, labeled, and functioning (for at least thirty days after the message is sent) unsubscribe link for both the Publisher Lead Provider and Advertiser. Each unsubscribe link must provide for a universal unsubscribe from receipt of commercial email from Publisher Lead Provider and/or Advertiser, such that any request for removal via the link results in removal from all of PublisherLead Provider's and/or Advertiser's lists, as applicable. Each link must require the message recipient to do no more than visit a single web page (and not submit any information other than email address) in order to unsubscribe; (iv) the email must include a statement that identifies the email as a commercial solicitation. This may be in the header, body or footer of the email; and (v) the email must contain a valid postal address for the sender. This postal address should be listed at the top or bottom of each email. 8.3 Publisher 7.3 Lead Provider will comply with the following additional requirements: (i) Publisher Lead Provider may only deliver emails to individuals who have provided consented to receive email offers; (ii) in the event of a spam complaint, Publisher Lead Provider will provide the following information to the filer of the complaint within one (1) business day of receipt of the complaint: (a) the website at which the filer of the complaint signed up; (b) a link to the privacy policy of the sign up site evidencing a privacy policy which clearly indicates the filer of the complaint has given permission to the publisher Lead Provider to receive email offers; (c) the date the filer of the complaint signed up (and the time if available); and (d) the I.P. address from which the filer of complaint signed up. 8.4 7.4 If Acquire Interactive PartnerWeekly determines in its sole discretion that Publisher Lead Provider has violated this Section 8 7 of the Agreement, Acquire Interactive PartnerWeekly will terminate PublisherLead Provider, with or without notice, and any commission fees earned but not yet paid will be forfeited by PublisherLead Provider. All decisions by Acquire Interactive PartnerWeekly are final. 8.5 Publisher 7.5 Lead Provider acknowledges that it is Acquire InteractivePartnerWeekly's policy to comply with government investigations under the CAN-SPAM Act.

Appears in 1 contract

Sources: Lead Provider Agreement

SPAM POLICY. 8.1 Acquire Interactive PartnerWeekly is dedicated to ensuring compliance with the Controlling the Assault of Non- Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), as amended from time to time. 8.2 Publisher represents and warrants that, with respect to any email containing or promoting a Posting that Publisher “initiates” or “sends” (as those terms are defined by the CAN-SPAM Act), it will fully comply with the CAN-CAN- SPAM Act, all rules and official guidance promulgated by the Federal Trade Commission pursuant to the CAN-SPAM Act, the Federal Communications Commission’s rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable laws, rules and regulations. Without limiting the generality of the foregoing requirement, Publisher will comply with the following requirements with respect to any email containing or promoting a Posting that Publisher initiates or sends: (i) the "FROM" line shall clearly and accurately identify the sender or company that is “sending” or “initiating” the e-mail (as those terms are defined by the CAN-SPAM Act). Notwithstanding the foregoing requirement, Publisher shall not place the name of the Advertiser, the subject of the advertisement or any false or misleading information in the FROM line; (ii) the "SUBJECT" line must be reasonably related to the subject matter of the message; (iii) the email must contain a clearly displayed, labeled, and functioning (for at least thirty days after the message is sent) unsubscribe link for both the Publisher and Advertiser. Each unsubscribe link must provide for a universal unsubscribe from receipt of commercial email from Publisher and/or Advertiser, such that any request for removal via the link results in removal from all of Publisher's and/or Advertiser's lists, as applicable. Each link must require the message recipient to do no more than visit a single web page (and not submit any information other than email address) in order to unsubscribe; (iv) the email must include a statement that identifies the email as a commercial solicitation. This may be in the header, body or footer of the email; and (v) the email must contain a valid postal address for the sender. This postal address should be listed at the top or bottom of each email. 8.3 Publisher will comply with the following additional requirements: (i) Publisher may only deliver emails to individuals who have provided consented to receive email offers; (ii) in the event of a spam complaint, Publisher will provide the following information to the filer of the complaint within one (1) business day of receipt of the complaint: (a) the website at which the filer of the complaint signed up; (b) a link to the privacy policy of the sign up site evidencing a privacy policy which clearly indicates the filer of the complaint has given permission to the publisher to receive email offers; (c) the date the filer of the complaint signed up (and the time if available); and (d) the I.P. address from which the filer of complaint signed up. 8.4 If Acquire Interactive PartnerWeekly determines in its sole discretion that Publisher has violated this Section 8 of the Agreement, Acquire Interactive PartnerWeekly will terminate Publisher, with or without notice, and any commission fees earned but not yet paid will be forfeited by Publisher. All decisions by Acquire Interactive PartnerWeekly are final. 8.5 Publisher acknowledges that it is Acquire InteractivePartnerWeekly's policy to comply with government investigations under the CAN-SPAM Act.

Appears in 1 contract

Sources: Publisher Terms and Conditions