1. Publisher must comply with all applicable laws and regulations, including but not limited to the CAN-SPAM ACT and Section 5 of the FTC Act when promoting the offers of Company’s Advertisers.
2. Publisher will not use a falsified sender domain or a non-responsive IP address, and must disclose all IP addresses it uses to deploy emails in connection with the Platform.
3. Publisher shall not use or include a false or misleading subject line that attempts to disguise or conceal the content of the email.
4. Publisher shall include valid and responsive contact information and physical address and optionally the sender’s phone number, in each email solicitation.
5. Publisher shall not send emails for the purpose (but necessarily the sole purpose) of harvesting the email addresses in order to send future unsolicited emails.
6.Publisher must obtain each recipient’s prior affirmative (‘Opt-In’) consent to receive emails via the Platform, and must be able to provide demonstrable proof that such Opt-In consent was obtained. Upon request by Company, Publisher will promptly provide information regarding consumer responses to the email distribution and any and all records verifying that recipients consented to receive the email transmissions in question, including but not limited to, date of Opt-In, name of Opt-In individual, website from where individual Opted-In and IP address.
7. All emails must contain a clear and reasonable method for the individual to “opt-out” of receiving further email solicitations. Acceptable methods include (i) having an unsubscribe link in each email delivered which is unique to the recipient, or (ii) having a link to a non-password protected website where the individual can ‘opt-out’ from receiving further email solicitations from Publisher, and (iii) allowing the recipient to respond to a functioning return electronic email address with a message that is either blank or has ‘Unsubscribe’ in the header. In every case, the unsubscribe process must be both easy to use and effective.
8. Each email solicitation sent by Publisher or Sub-Publisher on Publisher’s behalf shall include a valid physical postal address of the party sending the email communication.
9. Any and all unsubscribe requests must be honored within ten (10) business days from receipt of request, and Publisher shall maintain electronic or tangible records confirming the removal of such emails from Publisher’s lists for verification by Company.
10. Unless otherwise directed by Company in writing, Publisher, or any of Your authorized Sub-Publisher(s) 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 email address line, header or subject line of any email transmission.
11. Publisher shall not modify the Ad in any way without the prior written consent of Company.
12. Upon request from Company, Publisher shall immediately stop sending any Emails that contain a particular Ad, or that pertain to a particular Campaign.
13. All email transmissions shall contain language in the body and both the ‘from’ line as well as the ‘subject’ line that clearly announces that the email solicitation is being sent by Publisher for the benefit of Publisher’s Email Subscribers. If there is an approved subject line available on the Platform for a particular Campaign, Publisher may only use that approved subject line. Publisher is prohibited from engaging in the following: (i) altering, modifying, or otherwise changing Company’s approved subject lines without Company’s prior written approval; or, (ii) delivering an email under this Agreement with no subject line. Suggestions for new subject lines are allowed; however, any suggestions must be approved by Company prior to being included in any Publisher emails.
14. Publisher must maintain at all times during their membership in the Network, and for a period of three (3) years after any termination from the Network, complete and accurate subscriber sign-up/registration data for every subscriber to Publisher’s Email publications. Publisher agrees that, within twenty-four (24) business hours of Company’s request, it shall provide, at a minimum, the following subscriber sign-up/registration data for any email address that Publisher sends an email to with an Ad Select Network advertisement: (1) subscriber email address used to sign-up/register for Publisher’s Email publication, (2) subscriber’s IP address, (3) date and time of subscriber’s sign-up/registration for Publisher’s Email publication, and (4) location of subscriber’s sign-up/registration (i.e., what is the original source of the subscriber email address; where did they sign-up/register for Publisher’s Email publication).
Failure to comply by the above guidelines may result in withholding of Payment and/or revocation of Publisher’s ability to use the Abax Interactive Platform.