RESPONSIVE DATA MARKETING EMAIL POLICY
The following Acceptable Use Policy ("AUP"), together with our Affiliate Terms and Conditions, which are expressly incorporated herein by reference, (the "Terms and Conditions" and together with the AUP, the "Agreement"), is the binding legal agreement between Responsive Data, LLC ("Company") and you ("You" or "Your"), the user of Company's website (the "Site"). You agree to use the Site, the Company's advertising network service ("Service") and any additional products and/or services offered by Company in the future only in accordance with the Agreement. Notwithstanding the foregoing, this AUP is not an exhaustive recitation of all rules, regulations, standards and legal requirements governing Your conduct: (i) as an Affiliate (as that term is defined herein below) of Company; and/or (ii) in connection with Your use of e-mail for marketing purposes under the Agreement. Company reserves the right to make changes to the Site, the Service and/or the terms and conditions of the Agreement at any time. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Service after any such modification and posted notification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Site for any updates and/or changes. The Agreement applies to and governs Your relationship with the Company in all matters including, without limitation, as an Affiliate Partner of our Service ("Affiliate"). For purposes of the Agreement, "Affiliate" means the company or entity registering with Company as a Service Affiliate and, without limitation, any parent entities, owners, subsidiaries, affiliates, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same. If You do not agree to the terms and conditions contained within the Agreement in their entirety, You are not authorized to register as an Affiliate, use the Service and/or Site in any manner or form whatsoever. Any capitalized terms not defined herein shall have the same meaning as set forth in the Terms and Conditions.
Where authorized by both Company and the applicable Advertiser, the following terms apply to all e-mail campaigns transmitted by Affiliate on behalf of such Advertiser(s). Company will allow such Programs to be included in any and all Affiliate E-mails and/or e-mail-based Creative transmitted by Affiliate that comply with all applicable federal, state, provincial, foreign and local laws, ordinances, rules, regulations, statutes, court orders, judgments and decrees that govern email marketing and/or communications, as well as the most stringent industry standards including, but not limited to, CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography & Marketing Act or any successor legislation) and any and all Federal Trade Commission implementing regulations as determined in the joint discretion of Company and the applicable Advertiser. As referenced herein and throughout the Agreement, the terms "reasonable" and "unreasonable" shall be judgments made by Company and, where applicable, Advertiser, and no other party. Company and, where applicable, Advertiser, reserve the right, completely, jointly and exclusively, to establish the test for reasonability with regards to any conditions as set forth herein.
Without limitation, the conditions set forth herein shall apply equally to You, your parent entities, owners, subsidiaries, predecessors or successor entities and any agents, officers, directors, employees acting on behalf of You as well as any of Your affiliates, partners, distributors or other third parties with whom you do business while governed by the Agreement (collectively, "Affiliate Third Parties"). All Affiliate Third Parties must be approved by Company prior to their assisting You in connection with any Program governed by the Agreement. You are responsible for ensuring that any and all such Affiliate Third Parties agree, in writing, to terms and conditions no less restrictive than those contained herein, and You must submit all such written representations to Company if requested by Company. Company reserves the right to reject Your request to work with any Affiliate Third Parties and may restrict Your right to use any previously approved Affiliate Third Parties at any time and for any reason.
All Affiliate e-mails and/or e-mail-based Creative transmitted by Affiliate must, at a minimum, comply with all applicable laws relating thereto and adhere the following obligations, as determined by Company and, where applicable, Advertiser, in their joint and exclusive discretion:
1. Internet Protocol Disclosure.
You shall disclose all Internet Protocol ("IP") addresses with which You conduct any and all transactions, business, and operations as a part of the Affiliate relationship with Company.
2. Informed Recipient Consent.
You shall distribute such e-mails and/or e-mail-based Creative only to those recipients who have expressly agreed via "Confirmed Opt-in" or "Verified Opt-in" (often referred to as 'opt-in') to receive such transmissions from you. In addition, you shall maintain electronic and/or tangible records evidencing the subscription of such e-mails to your lists for verification by Company as required. This verification information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. If requested You shall explain and provide examples of the mechanisms that You use (historically and currently) to obtain and build Your list of subscribers.
3. Distributor Location.
You shall distribute such e-mails and/or e-mail-based Creative that include a valid sender domain name and/or responsive IP address. You shall only distribute such e-mails and/or e-mail-based Creative from a valid sender domain name and/or responsive IP address that You have authorization to utilize for the purposes of sending commercial e-mail.
4. Intended Recipient Disclosure.
You shall distribute such e-mails and/or e-mail-based Creative that clearly indicate the email address to which the e-mail and/or e-mail-based Creative is sent (the intended recipient's email address) in the body of the message or in the 'TO:' line of the email.
5. E-mail and/or E-mail-based Creative Content.
You shall only use approved Subject and From lines, Copy, Text and HTML. Suggestions for new Subject and From lines, Copy, Text and HTML are allowed, however they must be approved by Company prior to being posted in Company for Your use;
6. Appropriate E-mail and/or E-mail-based Creative Content.
Company strictly forbids the display of sexually-explicit materials via e-mail and/or e-mail-based creative transmitted by You, which include e-mails and/or e-mail-based Creative from Company. No e-mail and/or e-mail based Creative may display content that fails to satisfy all of the requirements of Section 2 of the Terms and Conditions. You represent and warrant that Your e-mail marketing will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, offensive, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others.
7. Distributor Contact Detail Disclosure.
You shall distribute such e-mails and/or e-mail-based Creative that include valid and responsive contact information of the sender, list manager or list owner; this includes Your physical address (A physical mailing address cannot be a post office box) and optionally your phone number. You must not use any invalid or erroneous e-mail header information (including, without limitation, source, destination, IP address, and routing information).
8. Transparency in Operation.
You shall distribute such e-mail and/or e-mail-based Creative that include a functioning unsubscribe link; such unsubscribe link must remain active for no less then thirty (30) days after e-mail delivery. Company reserves the right to add address(es) should Affiliate fail to include same, but Company is in no way responsible for including such address(es) where Affiliate fails to do so;
9. Disclosure of Methods.
You shall seed Your List(s), including Sub-Affiliate list(s), with You@ResponsiveData-Compliance.com
10. Unsubscribe Requests.
You shall process any and all unsubscribe requests within three (3) or less business days. In addition, You shall maintain electronic and/or tangible records evidencing the removal of such e-mail address(es) from your lists for verification by Company as required. This term includes any and all deleted e-mail address(es) sent by Company via e-mail;
11. Complainant and Recipient Enquiries.
You shall answer all complainants' and/or recipients requests and/or enquiries for details regarding where the complainant �opted-in' to receive e-mail marketing within seventy-two (72) hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions as to how one is able to get such information must be stated clearly in the body of the email.
12. Suppression List.
You shall download the Company Suppression List and remove any and all such e-mail addresses appearing therein from the Affiliate E-mails prior to engaging in e-mail marketing in connection with approved Advertiser Programs. Company shall make available, at a Company-designated area of the Site, a suppression list ("Company Suppression List"), updated on a regular basis, generated from e-mail marketing activities associated with various Programs transmitted by and/or through the Service. You agree to check the Company Suppression List regularly (no less than daily). You agree to process any new unsubscribe requests within three (3) days of such requests being added to the Company Suppression List. No less than daily during the term of this Agreement, You shall deliver, via e-mail, Your own list of suppressed e-mail address(es) that You collect in connection with Your e-mail marketing activities associated with any and all Programs ("Your Suppression List"). If no such e-mail address(es) are supplied to Company by You on a given day during the term of this Agreement, then Company may conclude that no such address(es) were collected on that day by You. The Company Suppression List, Your Suppression List and login provided by Company are deemed to be confidential information of Company. The Company Suppression List and Your Suppression List may not be used by You for any purpose other than to comply with applicable laws regulating e-mail transmissions.
13. Solicitation Disclosure.
You shall distribute such e-mail and/or e-mail-based Creative that include language in the body of the e-mail and/or e-mail-based Creative that clearly and conspicuously identifies that the message is an advertisement or solicitation.
14. Privacy Policy.
You shall distribute such e-mail and/or e-mail-based Creative that include an associated privacy policy that meets the test of reasonable commercial best practices applicable to privacy policies. Your e-mail marketing must adhere to Your applicable privacy policy, in both letter and in spirit, in all respects and with no exceptions. The subject privacy policy must be available for viewing from each domain associated with Your e-mail transmission;
15. E-mail Address Harvesting.
Company strictly forbids e-mail and/or e-mail-based Creative that promote Company Program sent for the purpose (but not necessarily the sole purpose) of harvesting the e-mail address(es) in order to send future unsolicited e-mails.
16. Control Over the Distribution Process.
You shall immediately cease distribution of e-mail and/or e-mail-based Creative solicitations promoting Company represented Advertisers' Program(s) upon notice from Company to You requesting that You terminate e-mail solicitations of one or more of the Company represented Advertisers' Program(s). You shall be permitted to use brokers or third parties to deliver e-mail and/or e-mail-based Creative. You must require that all distributors of the Company's Program(s) act in compliance with the terms of this Agreement. You are responsible for ensuring that any and all such third parties agree, in writing, to terms and conditions no less restrictive than those contained herein, and You must submit all such written representations to Company if requested by Company. Company reserves the right to reject Your request to work with any third parties at any time and for any reason. You must also have agreement from all such third parties to fully and completely indemnify Company for all damages arising from their breach of any of the obligations set forth herein and You must have the ability to terminate distribution with or procurement by any such third party immediately. You shall be solely responsible for any breach of these obligations by any such third party.
17. Infringement.
Your Program promotion via e-mail and/or e-mail-based Creative must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; and, must not result in any consumer fraud, product liability or breach of contract to which You are a party or cause injury to any third party;
18. Intellectual Property.
You shall not use Company or its' represented Advertisers' names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Company identifying information in the originating or return e-mail address line, header or subject line of any e-mail and/or e-mail-based Creative transmission unless otherwise directed by Company in writing.
19. A Clear History.
You must have a strong track record of compliance with the terms and conditions of this AUP, as well as applicable laws, rules, regulations and industry standards. You shall immediately alert Company in the event that any litigation or investigation ensues concerning Your, Your parent entities, subsidiaries, and/or Your affiliates e-mail practices (regardless of whether such litigation relates to Affiliate's relationship with Company).
20. Truthfulness.
You must be clear, complete and forthcoming in all statements to Company, its Advertisers and such e-mail and/or e-mail-based Creative recipient.
