This Agreement takes effect on the earliest of You: 1) creating an account for use of the Services while being presented a link to this Agreement; 2) executing or electronically accepting an Ordering Document referencing this Agreement; or 3) using the Services (the earliest of the foregoing being the “Effective Date”). If You enter into this Agreement or acquire the Services on behalf of an entity, You represent and warrant that You have the authority to accept this Agreement on the entity's behalf.
In order to use the Services, You must:
By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
Last Modified on May 25, 2021
Last Updated March 14, 2019
PLEASE READ THIS ACCEPTABLE USE POLICY (THE “AUP”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (THE “SITE”). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES. YOU MAY NOT USE THE SERVICES IF YOU ARE OUR COMPETITOR.
This AUP (as modified from time to time by Campaign Monitor in its sole discretion) is a legal agreement between You (“Customer”, “You”, “Your”) and Campaign Monitor Pty Ltd (“Campaign Monitor”, “Company”) and deﬁnes the terms and conditions under which You are allowed to use the Services (as defined below). This AUP forms a part of the Agreement and takes effect as soon as You begin using the Services.
By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity's behalf.
In order to use the Services, You must:
By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
SECTION 1. DEFINITIONS. In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.
B. “Cookie Notice” means the Company’s Cookie Notice located at campaignmonitor.com/policies/#cookie-policy, as updated from time to time.
C. “Documentation” means the information provided by Company describing operation and use of the Service(s), by any means of delivery, whether at Customer’s request or otherwise, along with any other information provided to Company’s clients generally, and all such items as updated from time to time.
D. “Generative AI Services” “Generative AI Services” means functionality included in the Services that use algorithms to produce content, including, text, imagery, audio, or computer source code.
E. “Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
SECTION 2. CUSTOMER AND USER OBLIGATIONS.
A. Customer agrees to, and where applicable, shall ensure that Users agree to:
i. keep contact information for Customer’s Account updated and promptly respond to queries from Company;
ii. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Company promptly of any such unauthorized access or use;
iii. be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
iv. use the Services in compliance with Laws, the Agreement, and this AUP, as well as the Anti-Spam Policy available at cmgroup.com/anti-spam-policy/.
C. Security Requirements. Customer represents and warrants that while using the Services, Customer will:
i. use commercially reasonable security measures to protect any Customer Data transmitted to the Services, including, but not limited to, encrypting any Customer Data transmitted to the Services; and
ii. cooperate with Company’s reasonable investigations of service outages, security problems, and/or any suspected breach of the Services, any Ordering Documents, and/or this Agreement or any of its incorporated documents.
D. Customer Cooperation. Customer represents and warrants that while using the Services, Customer will immediately act upon Company’s reasonable requests to remove and/or adapt Customer Data and/or Customer’s use of the Services (e.g. to avoid hindrance of Services’ performance to other customers). Customer shall, upon request, or as needed throughout the term: 1) respond to any third-party complaints (including, but not limited to, the complaints of any Contacts or providers of any Third Party Services), 2) promptly provide any applicable information documenting the relationship or consent of the involved parties, and 3) otherwise reasonably cooperate in mitigating the impact of any such complaint.
SECTION 3. ACCESS LIMITS. The Services may be accessed by no more than the specified number of Users set forth in Customer’s Ordering Document (unless such Ordering Document specifies unlimited Users). User licenses cannot be shared or used by more than one User; provided, however, User licenses may be reassigned to replace former Users who no longer access the Services. Customer shall not use the Services: (a) in excess of the limitations set forth in the Documentation; and/or (b) in a manner adversely affecting the Services’ usability for Company and/or its Affiliates, including for Company and/or its Affiliates other clients.
SECTION 4. RESTRICTIONS ON USE.
A. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
i. inaccurately represent its organization or impersonate any other person, whether actual or fictitious;
ii. access or use the Services except as permitted in the Agreement and this AUP;
iii. host images or content on Company servers or through the Services for any purpose other than for the purpose of using the Services as permitted in the Agreement and this AUP;
iv. use the Services to store or transmit Malicious Code;
v. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
vi. use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
vii. attempt to gain unauthorized access to the Services or their related systems or networks by any means or methods, nor access the Services outside the scope of the Services as ordered via the applicable Order Form
viii. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services;
ix. use the Services to encourage or facilitate any illegal activities; or violate any Laws, including but not limited to those related to e-commerce, infringement, defamation or privacy; or
x. use the Services to compete with the Services or Company in any manner.
B. Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
i. except as expressly permitted in writing by Company, sell, resell, rent, or lease the Services or any part of the Services;
ii. remove or alter trademark, logo, copyright, or other proprietary notices or labels from the Services;
iii. copy, frame or mirror any part or content of the Services, other than in connection with Customer’s permitted use of the Services for Customer’s own internal business purposes,
iv. create derivative works based on the Services;
v. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services; or
vi. access the Services for the purposes of (a) building a competitive product or service; (b) copying or reproducing any features, functions or graphics of the Services; (c) monitoring the availability, performance or functionality of the Services; or (d) benchmarking or conducting any activities that are competitive with the Services or Company. No rights are granted to Customer other than as expressly set forth in the Agreement.
C. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, the accuracy, quality, integrity and legality of the Customer Content and the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store, transmit, link to, display, or solicit content:
i. about or relating to: (a) individuals under 18 years of age; and/or (b) pornography, nudity, adult novelty items, or escort services; financial information, stock trading, FOREX, mortgages or other loans, insurance, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of cryptocurrencies, initial coin offerings, or penny stocks; gambling related content (including, but not limited to, poker, casino games, horse and dog racing, and betting on college and pro sporting events); horoscopes, dating services, daily deals, coupons, paid surveys, lead generation services, affiliate or multi-level marketing, or Ponzi schemes; DJ/nightclub or event/club promotions/party lists; the selling of personal data of any kind, list brokers or list rental services; recruitment or job-seeking services; firearms, bombs, grenades, or other weapons; pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, or supplements; illegal goods or software (including but not limited to pirated computer programs or viruses); violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence; or any other content that Company deems inappropriate in Company’s sole discretion;
ii. except as approved by Company in writing, about or relating to: loans, insurance, horoscopes, dating services, daily deals, coupons, paid surveys, recruitment or job-seeking services, or tobacco and/or related products;
iii. that is defamatory, libelous, offensive (including hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, false, misleading, fraudulent, or otherwise objectionable (as determined by Company in Company’s sole discretion);
iv. that materially violates the: (1) industry standards, policies and applicable guidelines published by generally recognized industry associations; or (2) carrier guidelines and usage requirements; and/or
D. Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store Sensitive PII. “Sensitive PII” is defined as: 1) protected health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”); 2) "nonpublic personal information" (‘NPI”) as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 (“GLBA”); 3) data on any minor under the age of thirteen, including any such information that would be subject to the Children Online Privacy Protection Act (“COPPA”); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (the “special categories of personal data” identified in Article 9 of GDPR); or 6) social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information. As such, Customer agrees not to, and not to permit Users to transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to be in violation of this clause.
SECTION 5. COMPANY’S RIGHTS.
A. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP and the Agreement. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. Company reserves the right to limit Customer’s access to Customer’s Account at any time if Company believes, in its sole discretion, that Customer or its Users have violated or may violate any terms set forth in this AUP or the Agreement.
B. Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by Law, including, without limitation as required by legal process or court order.
C. Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer’s use of the Services for any actual or alleged breach of this AUP or the Agreement at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay any fees owed to Company.
SECTION 6. SMS TERMS
A. Applicable Definitions
i. “Carrier Requirements” means the terms and conditions set by wireless carriers and other parties (including, without limitation, Subcontractors) that provide SMS services.
ii. “SMS Services” mean, providing Services as follows: designation of short codes or long codes for use with Customer’s messaging campaigns; the collection of SMS messages from Customer as agreed to by the parties; the transmission of such SMS messages to Mobile Subscribers (as defined below) who either (1) opt-in electronically to SMS Services through Customer; or (2) are identified by Customer as individuals who have opted in to SMS Services through Customer.
B. Consent. Customer shall use SMS Services only to send SMS messages to mobile subscribers (“Mobile Subscribers”) that have consented, in accordance with Law and has Permission as defined in Company’s Anti-Spam Policy, to receive such messages and that have not opted out from receipt of such messages. Customer agrees that it will provide verification of consent by any mobile Subscriber or other party receiving SMS messages via the SMS Services to Company upon Company’s request. If Customer fails to provide verification of consent, Company reserves the right to suspend the SMS Services until Customer provides such verification. If Customer fails to provide verification within thirty days of suspension, Company reserves the right to terminate Customer’s access to the SMS Services without refund.
C. Restriction on use of SMS Services. Customer agrees that it may not, and may not encourage or allow any Users to, use the SMS Services in the following prohibited ways:
i. Unless otherwise agreed by Company in writing, Customer shall not to transfer, resell, lease, license or otherwise make Services available to third parties or offer them on a standalone basis;
ii. If Customer has purchased or is otherwise using a short code, then Customer will not change its use of that short code from the use stated in Customer’s application to the carrier for approval of the short code without first obtaining an amendment to Customer’s application or re-applying to the carrier for approval of the short code under the new use;
iii. Use the SMS Services to access or allow access to Emergency Services;
iv. Use the SMS Services in any manner that materially violates the: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) carrier guidelines and usage requirements;
vi. Use the SMS Services in connection with unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes;
vii. Use the SMS Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses; and/or
viii. Use the SMS Services in a way to evade unwanted message detection and prevention mechanisms (including, without limitation, spreading similar or identical messages across many phone numbers).
D. Customer Content. Customer shall be solely responsible for any content submitted to Company and/or transmitted through the SMS Services and delivered to Mobile Subscribers and will ensure that such Customer Content: 1) is appropriate for the Mobile Subscriber; 2) does not otherwise violate any applicable Laws; 3) is not subject to any cause of action for defamation or invasion of privacy; and 4) is in compliance with this AUP, and the Agreement. Customer shall obtain and maintain all Intellectual Property Rights necessary to transmit any Customer Content to its Mobile Subscribers. Company assumes no liability for any Customer Content or any SMS messages transmitted by Customer in violation of applicable Law.
E. Phone Numbers and Short Codes.
i. Porting Phone Number(s). Company, in its sole discretion, may approve or reject any request from Customer to either port in or port out a phone number for use in connection with the SMS Services. Customer agrees to fully cooperate with Company in making a request to port a phone number in or out of the Services, including completing any necessary forms. Customer agrees to pay any fees and/or costs associated with porting a phone number in or out of the Services.
ii. Short Codes. Company, in its sole discretion, may approve or reject any request from Customer to use a short code in connection with the Services. If Customer is using a short code in connection with the SMS Services, Customer agrees will not change its short code use case approved by the applicable telecommunications provider and Company without Company’s prior written approval. Customer agrees to pay any fees or costs associated with applying for, or using, a short code in connection with the Services.
iii. Withdrawal of Phone Numbers. Company may change the phone number(s) or short code(s) associated with Customer’s account at any time.
F. Identification and Opt Outs.
i. Identification. Each message must identify the Customer (the person who obtained the consent) except in follow-up messages of an on-going conversation.
ii. Opt Outs. In addition to any obligations pursuant to Laws, the initial message that you send to a mobile Subscriber must include opt out instructions as approved by Company (e.g., “Reply STOP to unsubscribe”).
i. Carrier Requirements. Customer acknowledges that transmission of SMS messages is subject to Carrier Requirements and that the Carrier Requirements are subject to change. Customer agrees to comply with any Carrier Requirements. Customer acknowledges and agrees that each carrier reserves the right to suspend SMS Services for any Customer and/or User at any time.
ii. Compliance with Laws. SMS Services are subject to various legal compliance requirements depending on the nature of Customer’s text messaging campaign, the location from where Customer is sending text messages, and the location of SMS recipients. Customer agrees to comply with all applicable Laws and industry standards related to its use of the SMS Services, including without limitation, Laws and standards which require specific information be included wherever the short code or long code is advertised, or where individuals are invited to sign up for short code or long code messages. Customer should consult with its legal counsel to ensure that its text messaging campaign conforms to all applicable legal compliance requirements.
SECTION 7. GENERATIVE AI TERMS.
A. Applicability. Section 7 (Generative AI Terms) of this AUP shall only apply to the use of the Generative AI Services by Customer.
B. Generating Content. When Customer uses Generative AI Services, Customer may be asked to input or upload material, such as an audio file, video file, document, image, or a text prompt (collectively “Input”). The Input will be used by the Generative AI Services to generate an output, such as an image, text, text effects, vector graphic, audio file, or video file, which will be displayed within the Services and Software (“Output”). The Input and Output are Customer Content and all provisions governing Customer Content in the Agreement apply to the Input and Output. The Generative AI Services, Input, and Output must be used in accordance with the Acceptable Use Policy, located at https://www.campaignmonitor.com/policies/#acceptable-use-policy, which may be modified from time to time.
C. Restrictions on use of Generative AI Services. Customer agrees that it may not, and may not encourage or allow any Users to, directly or indirectly use Generative AI Services for the following:
i.child sexual abuse material or any content that exploits or harms children;
ii. activity that has high risk of physical harm;
iii. political campaigning or lobbying;
iv. engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information;
v. offering tailored financial advice without a qualified person reviewing the information;
providing medical advice or providing instruction on how to cure or treat a health condition;
vi. high risk government decision-making.
D. Customer Content. Customer shall be solely responsible for any content created using the Generative AI Services and will ensure that any such Customer Content: a) is accurate and appropriate for Customer’s use; b) does not otherwise violate any applicable Laws; c) is not subject to any cause of action for defamation or invasion of privacy; and d) is in compliance with this AUP, and the Agreement. Customer shall obtain, maintain, and be fully responsible for any and all Intellectual Property Rights necessary to transmit any Customer Content to its Subscribers. Company assumes and shall have no liability for Customer’s use of Generative AI Services.
E. Personal Data. Customer is prohibited from inputting or uploading any personal data (any information that identifies an individual (directly or indirectly)) into the Generative AI Services.
i. Customer Responsibilities. Customer is solely responsible for the creation and use of any Output. Company disclaims all warranties, express or implied, regarding the Output, including any warranties that the Output will not violate the rights of a third party or any applicable law.
ii. Suitability of Output. Use of the Generative AI Services may produce Output that is unexpected or unsuitable for some Customers. The Output may not be unique and other users of the Generative AI Services may generate the same or similar Output.
G. Disclaimers. Customer may choose to use Generative AI Services at Customer's sole discretion. Company will have no liability or indemnification obligations for any harm or damage arising out of or in connection with Generative AI Services, including Customer’s access thereto or use thereof.
Last Updated on October 5, 2023
By applying for the Campaign Monitor Referral Partner Program (the “Program”), you are agreeing to be bound by this Campaign Monitor Referral Partner Program Agreement (the “Partner Program Agreement”). This Partner Program Agreement is entered into by you on behalf of your company (“Referral Partner”) and (ii) Campaign Monitor Pty Ltd. ( “Company”). By completing a program registration or application process, you acknowledge that Referral Partner has reviewed and accepts all of the terms of this Partner Program Agreement and that you are duly authorized to act on behalf of Referral Partner to bind it to this Partner Program Agreement.
The Parties agree as follows:
This Partner Program Agreement was last updated on August 24th, 2021
PLEASE READ THIS ANTI- SPAM POLICY (THE “ANTI-SPAM POLICY”) CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT CAMPAIGNMONITOR.COM (THE “SITE”) OR OFFERED BY OR ON BEHALF OF CAMPAIGN MONITOR PTY LTD. OR ITS AFFILIATES. IF YOU DO NOT ACCEPT THIS ANTI-SPAM POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
As an email service provider, Campaign Monitor takes an active role in reducing spam and supporting regulatory and best-practice guidance that fosters a fair, respectful and effective email marketing community. In consideration of the many anti-spam laws in effect throughout the world and best practice guidance from industry leaders, we have created this anti-spam policy to simplify the requirements we place on our customers. Your adherence to this policy will help maintain a high reputation for our sending infrastructure which, in turn, will boost the deliverability and effectiveness of messages you send using our services.
Throughout this Anti-Spam Policy references to “Company” are references to Campaign Monitor and references to “Customer” are to you, a user of the Services.
SECTION 1. DEFINITIONS. In addition to terms defined elsewhere in this Anti-Spam Policy, the definitions below will apply to capitalized words in this Anti-Spam Policy. Capitalized words in this Anti-Spam Policy that are not otherwise defined herein shall have the meaning ascribed in the Agreement or Acceptable Use Policy (as applicable).
A. “Acceptable Use Policy” means Company’s Acceptable Use Policy located at https://www.campaignmonitor.com/policies/#acceptable-use-policy, as updated from time to time.
C. “Anti-Spam Laws” means any and all Laws regulating the transmission of electronic messages.
D. “Contact(s)” means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise ‘processed’ (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
E. “Customer List” is a list of Contacts uploaded to the Services or created on or via the Services.
F. “Distribution Email Address” means an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
G. “Permission” means permission obtained from an individual to receive communications from Customer, in compliance with Section 3 below, that was either: 1) obtained within the preceding 12 months; or 2) obtained at any time and ongoing communications have been sent to the individual over the course of the preceding 12 months.
H. “Privacy Notice” means the Company’s Privacy Notice located at https://www.campaignmonitor.com/policies/#privacy-policy, as updated from time to time.
I. “Spam”, as used herein, is any message sent by a User: 1) to an individual who has not given the User their Permission to do so; and/or 2) is marked as “spam” or “junk” mail by the recipient, including via any ISP feedback loops.
J. “Transactional Messages” will have the meaning ascribed by Anti-Spam Laws.
K. “Transactional Email Feature” means the feature of the Services that allows a User to automatically send communications upon the occurrence of a trigger action.
SECTION 2. REQUIRED CONTENT
A. Customer understands and agrees that Customer is the “sender” (as that term is defined by Anti-Spam Laws) of any emails sent by Customer via the Services.
B. Unsubscribe Link. Unless expressly agreed by Company in advance in writing, Customer must ensure that all emails sent through Customer’s Account contain a Company (or other Company-approved) “unsubscribe” link, in form and substance satisfactory to Company, that: 1) allows Contacts to instantly and permanently unsubscribe themselves from the applicable Customer List, 2) presents unsubscribe instructions in a clear and conspicuous way, and 3) remains operational for a period of 30 days after sending the email. Customer must monitor, correct, and process unsubscribe requests immediately and ensure that Users do not remove, disable or attempt to remove or disable such link. Customer understands that instead of using the unsubscribe link provided, some Contacts may use other means to submit a request to Customer to opt them out of receiving such messages. In such cases, Customer agrees to unsubscribe any such Contact manually, by changing the Contact's mailing status to "opt-out" within 10 business days of the opt-out request using the tools provided inside Customer’s Account.
C. Contact Information. Each email must clearly and accurately identify the individual or organization that authorized the sending of the email (“Authorizing Party”). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. For example, if a marketing agency is sending an email on behalf of its client, the client must be identified. To the extent required by law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
D. Other Required Information. Customer shall ensure that communications sent through Customer’s Account are truthful and include subject lines that are in no way false or misleading as to the nature of the content contained in the email. All emails must state the reason the Contact is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at abc.com.”
SECTION 3. PERMISSION
A. Customer Representations. Customer represents and warrants that Customer has provided all disclosures required by Law in conjunction with obtaining Contact’s Permission. Customer further represents and warrants that Customer has not used any false or misleading information, names, email addresses, subject lines, or other information for the purpose of or in connection with obtaining Contact’s Permission.
B. Obtaining Permission. Customer must retain records of any Permissions received and shall provide such records to Company immediately upon request. Permissions must be obtained in one of the ways described below. A Contact:
i. fills out or opts in via a web form subscribing to receive marketing communications from Customer; provided that the form does not contain any pre-selected fields;
ii. completes an offline form that expressly indicates their willingness to receive marketing communications from Customer;
iii. gives Customer their business card; provided that Contact was informed that by providing the business card to Customer, Contact was indicating their willingness to receive marketing communications from Customer;
iv. has a clear relationship with Customer, as an individual that (a) pays dues or a subscription fee to belong to Customer’s organization, or (b) has purchased a good or service from Customer within the preceding 6 months, in the course of which Customer obtained that Contact’s email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
v. otherwise provides Customer with their express written permission to receive marketing communications from Customer.
C. Scope of Permission. Customer shall not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given Customer Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact will be exclusive to Customer and will not extend to Customer’s Affiliates, unless such Permission was also granted to such Customer Affiliate.
SECTION 4. APPROVALS, RESTRICTIONS, & COMPLIANCE
A. Account Approval. Company may request specific information about Customer’s Permission practices and email marketing activities prior to allowing access to the Services and Company’s sending infrastructure. Should Company’s trained compliance team, in its reasonable discretion, find cause to delay or withhold access, to the Services and Company’s sending infrastructure, Customer will be notified promptly. Customer may not send any emails using the Services until Customer’s Account has been reviewed by a member of Company’s trained compliance team.
B. Bulk Uploads. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Company’s prior written approval, which may be withheld in Company’s sole discretion.
C. Company API. The Services provide API Calls (“Calls”) to facilitate certain account activities without relying on the Services’ main application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Company's efforts to facilitate Permission-based sending via the Services. Company may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by Company, will be grounds for immediate termination of Customer's account.
D. Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Company’s Permission policy or which represent untenable risk to the reputation of Company’s sending infrastructure. Customer shall not:
i. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, or purchased, loaned, or rented lists;
ii. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them);
iii. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient’s willful, sender-specific consent;
iv. use the Transactional Email Feature to send non-Transactional Messages to Contacts unless you have Permission to do so;
v. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or otherwise conduct any illegal activities; or
vi. take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission as required by this Anti-Spam Policy.
E. Compliance. Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails sent using the Services. Customer represents and warrants that Customer has complied with all notice, disclosure, consent, and other requirements imposed by applicable Laws prior to uploading information about a Contact to Customer’s Account. Customer further represent and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws in connection with Customer’s use of the Services.
SECTION 5. COMPANY’S RIGHTS AND OBLIGATIONS
A. Contacts. Company will not use Contacts’ information for any purpose other than those related to the Services and as otherwise described in Company’s Privacy Notice.
B. Monitoring. Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, to ensure compliance with the terms of this Anti-Spam Policy. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. In addition, Company reserves the right, but has no obligation, to:
i. scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, Customer will be informed and required to include Company’s unsubscribe link before sending additional email messages or Customer Content via the Services.
ii. monitor and meter the number of kilobytes of data transferred when sending email messages.
iii. monitor any and all Customer Content and Customer’s use of the Services to ensure compliance with this Anti-Spam Policy.
C. Abuse Complaints & Remediation. Emails sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email campaigns sent from Customer’s Accounts do not generate a number of complaints in excess of industry norms. If Customer’s complaint rate exceeds industry norms, Company may take action to prevent or repair damage to the sending reputation of its sending infrastructure, including suspending Customer’s Account. In the event that Company sends Customer a notification regarding excessive spam complaints, Customer must respond to Company’s requests promptly and act in good faith by participating in the creation and/or execution of any remedy. If Customer is unresponsive, does not implement remediation measures in accordance with Company’s recommendations within thirty (30) days of Company’s notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its reasonable discretion), then Company may suspend Customer’s use of the Services until the issue is resolved or until the end of the period specified by the contract.
D. Right to Terminate. Company may, in its reasonable discretion, remove any Customer Content, suspend, or terminate (without refund) Customer’s use of the Services for any actual breach of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer’s obligation to pay fees owed to Company.
If you feel you have received SPAM from our customer, write to us at [email protected]. If we find that our anti-SPAM policy has been violated, we may terminate the violator’s account.
Last Updated on September 20, 2022
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March 8, 2023
We consider vulnerability research conducted according to this policy to be:
You are expected, as always, to comply with all applicable laws. If legal action is initiated by a third party against you and you have complied with this policy, we will take steps to make it known that your actions were conducted in compliance with this policy.
If you submit a report through our bug bounty program which affects a third party service, we will limit what we share with any affected third party. We may share non-identifying content from your report with an affected third party, but only after notifying you that we intend to do so and getting the third party's written commitment that they will not pursue legal action against you or initiate contact with law enforcement based on your report.
Please note that we cannot authorize out-of-scope testing in the name of third parties, and such testing is beyond the scope of our policy. Refer to that third party's bug bounty policy, if they have one, or contact the third party either directly or through a legal representative before initiating any testing on that third party’s systems or services. This is not, and should not be understood as, any agreement on our part to defend, indemnify, or otherwise protect you from any third party claim based on your actions.
That said, if legal action is initiated by a third party, including law enforcement, against you because of your participation in this bug bounty program, and you have complied with this Safe Harbor Policy and have not acted in bad faith, upon your written request, we will inform the third party that your actions were conducted in compliance with this Safe Harbor Policy.
If at any time you have concerns or are uncertain whether your security research is consistent with this Safe Harbor Policy, please submit a report in advance as set forth in the security text file located here.
Note that the Safe Harbor applies only to legal claims under our control; it does not bind independent third parties.
Last updated on February 23, 2022