Terms of Service

The following terms and conditions are intended to cover all Services on the Services Agreement. As such, there may be terms below that apply to Company services that Publisher has not selected on your Services Agreement. Therefore, only the relevant terms outlined here will apply to the specific services detailed in the Services Agreement.

Definitions:
1. "Account" means an online account registered by Publisher for the purpose of using the Services, accessible by multiple Users.
2. “Advertisements” means advertising content (including videos, images, graphics, animations, sounds, text and music)
3. “Services Agreement” means the Service Agreement, incorporating these Terms of Service.
4. “Effective Date” means the Effective Date specified in the Services Agreement.
5. “Invalid Traffic (IVT)” means non-human or fraudulent activity that generates ad impressions, such as bots, data centers, or machines. This type of traffic does not come from real users and holds no value for advertisers.
6. “Publisher” means the entity identified in the Services Agreement.
7. "Platform" means one or more Company’s proprietary technology solution for publishers enabling user engagement, moderation, analysis, and/or monetization that is described more fully in the Services.
8. “Revenue” means (a) the gross revenue generated by either party from Advertisements which were inserted by Company and displayed through use of the Services on the Publisher Properties less (b) costs and expenses incurred in providing the Services, as well as the total amount of credit card processing fees, taxes, bad debt, charge-backs, deductions, reversals, or credits and refunds, and delivery costs payable in connection with such Advertisements.
9. "Services" means the Platform set forth in the Services Agreement, including any implementation services as may be performed by Company and, if applicable, any human moderation services.
10. “Company” means the relevant legal entity that actually provide the Services which is the owner of the relevant intellectual property rights in the Services, identified in the Services Agreement.
11. “User” means each individual authorized by Publisher to access the Services through the Account.
Services
1. Subject to the terms and conditions of the Agreement, Company hereby grants Publisher a non-exclusive, non-transferable, non-sublicensable, limited right during the Term: (i) to enable the Services on the Publisher Properties in accordance the provisions of the Agreement; (ii) for its Users to access and use the services provided via the Platform; and (iii) to display and publish Advertisements, as served by Company, through the Services. Publisher is solely responsible for all activities that occur under its Account and all Users’ use of the Services, for maintaining the secrecy of its Account access credentials and for providing such access credentials only to individuals that Publisher intends to be Users.
2. Publisher will not deploy the Services on any website other than the Publisher Properties. Publisher shall not, and shall ensure its Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party; (b) use the Services in the operation of a service bureau or similar service for third parties; (c) modify, copy or create derivative works based on the Services; (d) disassemble, reverse engineer, decompile or otherwise seek access to the source code of the Services; (e) access the Services in order to build a competitive product or service (e) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (f) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (g) attempt to gain unauthorized access to the Services or its related systems or networks; or (h) remove from the Services any language or designation indicating the confidential nature thereof or the proprietary rights of Company.
3. Where applicable, and in accordance with the obligations hereunder, Company will assist Publisher to implement the Services with the Publisher Properties.
4. Publisher will comply with any and all laws, rules, regulations and relevant industry standards applicable to its performance of its obligations under the Agreement. Furthermore, Publisher shall comply with Company’s Supply guidelines.
5. Publisher shall implement a privacy policy that clearly and conspicuously explains how Publisher collects, processes, stores, uses, enhances and/or discloses any information that any person may upload or otherwise provide through the Services and shall make such privacy policy publicly available to all visitors of the Publisher Properties in a manner compliant with applicable law, including all applicable data protection laws.
6. If the Community Engagement Platform Service is provided under the Services Agreement, content posted by users on Publisher Properties (the “User Content”) will be made available to Company through the Services. As between Publisher and Company, the User Content is owned by Publisher. Publisher hereby grants to Company a non-exclusive, limited right to use such User Content for the purpose of providing the Services.
7. Neither Company nor Publisher shall encourage the posting of any User Content which may contain adult, obscene, pornographic, defamatory, libelous, infringing, abusive, or illegal content, that promotes hate or discrimination, facilitates the sale of firearms or illegal drugs, or that participates or encourages participation in, illegal activities (collectively, "Prohibited Content") or any content which infringes intellectual property rights, publicity rights, privacy rights or any other third-party rights.
8. If the Services include Community Engagement Platform Human Moderation Service, Company shall use reasonable efforts to ensure that User Content does not contain Prohibited Content.
9. In the event that Company reasonably determines in good faith that Publisher is in material breach of the provisions of this Section 2, Company may immediately suspend the Services to Publisher upon written notice to Publisher.
10. Company is not liable for its failure to perform any of its obligations under the Agreement and will not be deemed in breach to the extent the failure results from Publisher’s breach of any of its obligations under this Agreement or delay in providing information, responses or other support to enable Company to perform the Services.
11. If either Party at any time during the Term wishes to change the scope or execution of the Services (including Publisher requests for additional services), the requesting Party shall submit details of the requested change to the other by email. The change shall not be effective or binding unless the Parties agree in writing the necessary variations to the charges, the implementation plan and any other relevant terms of this Agreement to take account of the change.
12. Specific Requirements. Publisher shall comply with the guidelines and specifications provided by Company, including the Company Implementation Guidelines, as applicable, when using the Services.
Intellectual Property Rights & Restrictions
1. As between Company and Publisher, all right, title and interest in the Services (including any new functionalities, features or customizations thereof that may be developed in the performance of implementation services hereunder) and any part thereof (together, the "Company Technology") are owned exclusively by Company. Publisher shall not, and shall not allow any third party to: (i) represent that it possesses any proprietary interest in the Company Technology or any part thereof (other than the limited use license granted in Section 2.1 above); (ii) directly or indirectly, take any action to contest Company Technology's intellectual property rights or infringe them in any way; and (iii) except as specifically permitted hereunder, use the name, trademarks, trade-names, and logos of Company.
2. As between Company and Publisher, all right, title and interest in the Publisher Properties are owned exclusively with Publisher. Company shall not, and shall not allow any third party to: (i) represent that it possesses any proprietary interest in the Publisher Properties or any part thereof (other than the limited right to access such Publisher Properties in connection with its performance of Services); (ii) directly or indirectly, take any action to contest Publisher's intellectual property rights or infringe them in any way; and (iii) except as specifically permitted hereunder, use the name, trademarks, trade-names, and logos of Publisher, without Publisher’s prior written consent.
3. Publisher acknowledges that all suggestions for corrections, changes, additions or modifications to the Services, and any other feedback provided by Publisher (collectively, “Feedback”) are the exclusive property of Company and Publisher hereby assigns all rights in and to any Feedback to Company.
Representations and Warranties
1. Publisher's Warranty. Publisher hereby warrants and represents that: (i) the Publisher Properties shall not display any Prohibited Content and shall not include Invalid Traffic; (ii) Publisher has obtained all of the consents, approvals and rights to collect, process, use, store, enhance and disclose the User Content and allow Company to process and use such User Content as contemplated by the Agreement; (iii) the Publisher Properties, content thereon and the products and services offered by Publisher do not infringe upon, misappropriate or otherwise violate any third party's rights, including but not limited to intellectual property rights, privacy rights and publicity rights; (iv) Publisher has fully complied with any third-party licenses, permits and authorizations required in connection with such Publisher Properties; (v) to Publisher’s knowledge, the Publisher Properties do not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; (vi) the Publisher Properties do not install any hidden components or bundle any additional software; and (v) Publisher has complied with all applicable rules, regulations, orders and law.
2. Company Warranties. Company hereby warrants and represents that: (i) Services be performed in a professional manner, and with due care, skill, and diligence; (ii) to Company’s knowledge, the Services do not infringe, misappropriate, or otherwise violate any intellectual property right of any third party; and (iii) to Company’s knowledge, the Services do not contain any viruses, worms, Trojan horses or other harmful or destructive code or content.
Considerations
1. Advertisement Revenue. Company shall pay the Publisher the Revenue Share set forth in the Services Agreement (the "Revenue Share").
2. Payment Terms. Company shall pay Publisher the Revenue Share as follows:
  1. Company shall pay Publisher the Revenue Share on a monthly basis within 60 days of the end of such month with respect to Revenue generated in such month, provided such Revenue Share due to Publisher is equal to no less than US$200. If the Revenue Share is equal to less than US$200, such amounts shall be accrued and deferred until such month in which the Revenue Share is equal to or exceeds US$200.
  2. If Publisher owes Company money at the end of the month for a Service, Company will invoice Publisher at the end of each calendar month for amounts owed. Publisher shall pay within 30 days of receipt of invoice or when the invoice is made available on the Company portal.
  3. All payments shall be made in US dollars by wire transfer to the account designated in the Subscription.
  4. All payments are based on Company’s internal tracking system, unless otherwise set forth in the Services Agreement.
  5. Taxes. All amounts payable under the Agreement are exclusive of any taxes (including, without limitations, sales tax, VAT, and similar taxes to the extent applicable). The Company shall be entitled to deduct and withhold any amount from any payment under this Services Agreement as required to be deducted or withheld under any applicable law. To the extent that amounts are so withheld and timely paid over to the relevant tax authorities such withheld amounts, will be treated for all purposes of this Agreement as having been paid to the Publisher.
  6. Costs. Except as expressly provided in the Agreement, each party shall bear its own costs and expenses incurred in rendering performance of the Agreement.
Technical Support: During the Term, Company will provide Publisher with technical support for the Services during Company's normal working hours (Monday – Friday, 9:00 – 18:00 +2 EST), unless otherwise stated in the Services Agreement.
Confidentiality: During the Term, each party may have access to certain non-public proprietary, confidential and/or trade secret information or data of the other party, whether furnished before or after the Effective Date, and regardless of the manner in which it is furnished, which is either marked or identified as confidential or, which given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (together, the "Confidential Information"). Confidential Information shall exclude any information that (i) is now or subsequently becomes generally available in the public domain through no fault or breach on the part of the receiving party; (ii) the receiving party can demonstrate in its records to have had rightfully in its possession prior to disclosure of the Confidential Information by the disclosing party; (iii) receiving party rightfully obtains from a third party who has the right to transfer or disclose it, without default or breach of the Agreement; (iv) the receiving party can demonstrate in its records to have independently developed, without breach of the Agreement and/or any use of or reference to the Confidential Information of the disclosing party. The receiving party agrees: (a) not to disclose the disclosing party’s Confidential Information to any third parties other than to its directors, officers, employees, advisors or consultants (collectively, the "Representatives") on a strict “need to know” basis only and provided that such Representatives are bound by written agreements to comply with the confidentiality obligations as protective as those contained herein; (b) not to use or reproduce any of the disclosing party’s Confidential Information for any purposes except to carry out its rights and responsibilities under the Agreement; (c) to keep the disclosing party’s Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information, which shall in any event be no less than a reasonable degree of care. Notwithstanding the foregoing, if receiving party is required by legal process or any applicable law, rule or regulation, to disclose any of disclosing party’s Confidential Information, then prior to such disclosure, receiving party will give prompt written notice to disclosing party so that it may seek a protective order or other appropriate relief. The parties' obligations with respect to Confidential Information shall expire five years from the date of termination or expiration of the Agreement, unless a longer period of protection applies under applicable law, either as trade secret information or otherwise. For avoidance of doubt, the Services and all designs, engineering details, and other technical, financial, marketing, commercial and other information pertaining to the Services (including the Company Technology) shall be considered Confidential Information of Company.
Data Protection and Privacy: Company shall process personal data as necessary to perform the Services, in accordance with the terms of the Data Sharing Addendum.
Disclaimer of Warranties: EXCEPT FOR THE WARRANTIES PROVIDED IN SECTION 4, COMPANY PROVIDES THE USAGE OF THE SERVICES TO PUBLISHER ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION AND COMPANY DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO CONTENT, INCLUDING ADVERTISEMENTS, PROVIDED THROUGH THE SERVICES. COMPANY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR USER CONTENT OR FOR ANY THIRD-PARTY CONDUCT, INCLUDING FOR ANY PROHIBITED CONTENT OR CONTENT THAT IS OTHERWISE OFFENSIVE, INDECENT, OBJECTIONABLE OR DEFAMATORY. PUBLISHER UNDERSTANDS AND AGREES THAT THE DISCLAIMER OF WARRANTIES IN THE AGREEMENT IS A FUNDAMENTAL PART OF THIS AGREEMENT AND THAT COMPANY WOULD NOT AGREE TO ENTER THE AGREEMENT WITHOUT SUCH DISCLAIMER.
Indemnification
1. Publisher's Indemnities. Publisher shall defend, indemnify and hold harmless Company and its officers, directors and employees (the “Company Indemnified Parties”), from and against any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by any Company Indemnified Party in connection with any claim made or brought by a third party against an Company Indemnified Party arising out of or related to: (a) the Publisher Properties and any content thereon (including the User Content); (b) Publisher's violation of any applicable laws; and (c) the Excluded Activities (as defined in Section 10.2 below).
2. Company's Indemnities. Company shall defend, indemnify and hold Publisher and its officers, directors and employees (the “Publisher Indemnified Parties”) harmless, from and against any damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by any Publisher Indemnified Party in connection with any claim made or brought by a third party against an Publisher Indemnified Party arising out of an allegation that the Services infringe any intellectual property right of a third party. The foregoing indemnification shall not apply with respect to any claims relating to: (i) any modification made to the Services by anyone other than Company; (ii) use of the Services with any service or software not provided or authorized in writing by Company, (iii) use of the Services other than as contemplated by the Agreement, (iv) Publisher’s use of the Services or portion thereof after Company has terminated the Agreement or such portion of the Services in accordance with this Section 10.2 (items (i)-(v) shall collectively be referred to as “Excluded Activities”). If in Company’s opinion the Services may be infringing, Company may in its discretion (x) obtain a license to enable Publisher to continue to use the potentially infringing portion of the Services, (y) modify the Services to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using commercially reasonable efforts, terminate the Agreement or access to the infringing portion of the Services. COMPANY’S OBLIGATIONS IN THIS SECTION 10.2 SHALL BE ITS SOLE AND EXCLUSIVE LIABILITY TO PUBLISHER AND PUBLISHER’S SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INVOLVING THE SERVICES.
3. Indemnification Procedure. The indemnified party shall provide the indemnifying party with: (a) prompt written notice of such claim (provided that the failure to provide prompt notice will only relieve the indemnifying party of its obligations to the extent it is materially prejudiced by such failure); (b) sole control over the defense and settlement of such claim; and (c) information as may be reasonably requested by the indemnifying party. The indemnified party may employ counsel at its own expense to assist it with respect to such claim; provided, however, that if such counsel is necessary because the indemnifying party does not assume control, the indemnifying party will be responsible for the expense of such counsel. Neither party shall have authority to settle any claim on behalf of the other.
Limitation of Liability: EXCEPT FOR WILLFUL MISCONDUCT, COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF THE REVENUE SHARE PAID BY COMPANY TO PUBLISHER DURING THE SIX (6) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Terms and Termination
1. The Agreement shall be for the term set forth in the Services Agreement. If not term is stated in the Services Agreement, then this Agreement shall commence on the Effective Date and shall remain in effect for an initial period of one (1) year ("Initial Term"); thereafter, the Agreement will be automatically renewed for successive one year periods unless either party notifies the other party in writing of its intent not to renew at least thirty (30) days prior to the end of the then-term (the “Initial Term” and each “Renewal Term” thereafter shall be referred to collectively as the "Term").
2. Company may terminate the Agreement at any time by providing the Publisher with 60 days’ prior written notice.
3. Either party may terminate the Agreement by giving written notice to the other party if: (i) the other party breaches a material provision of the Agreement and fails to cure the breach within seven days after being given written notice thereof; (ii) the other party is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party; or any petition by or on behalf of such party is filed under any bankruptcy or similar laws. Upon termination or expiration of the Agreement for any reason whatsoever, Publisher will immediately cease use of the Services and each party shall return to the other party all of the other party's Confidential Information then in its possession. Sections 1, 3, 7, 9, 10, 11, 12.3, 13, 14, 15 and 16 shall survive any expiration or termination of this Agreement.
Force Majeur: Neither party shall be liable for any loss, damage, or penalty resulting from such party's failure to perform its obligations hereunder when such failure is due to events beyond its reasonable control, such as, without limitation, flood, earthquake, fire, acts of God, pandemics, epidemics, military insurrection, civil riot, or labor strikes.
Governing law; Jurisdiction: The Agreement is governed by and construed exclusively in accordance with the laws of the State of New York, without regard to the principles of conflict of laws. Any and all disputes and controversies arising out of or in connection with the Agreement shall be brought exclusively before the federal or state courts in New York County. Each party hereto hereby irrevocably waives, to the fullest extent permitted by the applicable law, any and all right to trial by jury in any legal proceeding arising out of the relating to this Agreement or the transactions contemplated hereby.
Publicity: Company may issue a press release, case study, or general marketing communications concerning its involvement with Publisher, including mentioning Publisher as a client on Company's website. Subject to applicable trademark guidelines as may be provided by Publisher in writing, Publisher grants to Company a non-exclusive license to use Publisher's trademark solely for this purpose.
Miscellaneous
1. Assignment. Neither party may transfer or assign its rights or obligations under the Agreement to any third party without the prior written approval of the other party, except for an assignment to an affiliated company or to a successor of all assets or stock of a party via a merger, reorganization, acquisition of substantially all assets or stock of the applicable party or such similar transaction. Any purported assignment contrary to this section shall be void.
2. Legal Action and Dispute. Should Publisher decide to initiate any claim, suit, proceeding, dispute related (directly or in directly) (“Claim”) to the Services provided under the Services Agreement, Publisher shall initiate and/or file such action against the actual and specific legal entity that delivered and provided those Services. For clarity, any claim must be directed to the legal entity which actually provided and responsible for the service in question, as outlined in our Services Agreement.
3. Injunctive Relief. Publisher agrees that certain breaches of the Agreement by it may result in irreparable harm to Company, the extent of which would be difficult and/or impracticable to assess, and where money damages would not be an adequate remedy for that breach including, without limitation, infringement of the Company Technology, a breach of Section 2.2 and breach of confidentiality obligations. Accordingly, Company shall be entitled to seek any and all remedies available at law or in equity, including, without limitation, injunctive relief or specific performance.
4. Independent Contractors. The parties and their respective personnel are and will be independent contractors and neither party by virtue of the Agreement will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
5. Anti-Bribery. Each of the Parties shall comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.
6. Waiver. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy
7. Notices. Any notice or other communication given to a Party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by overnight courier to the address on the Services Agreement, or, for non-legal matters or claims for indemnity, by email with return receipt to the email on the Services Agreement.
United Kingdom Additions. When ADYOULIKE LIMITED is identified as Company in the Services Agreement, then the following provisions shall apply and supersede any conflicting provisions herein:
1. Employees. It is not intended that the provision of the Services pursuant to this Agreement will give rise to a relevant transfer for the purposes of: the Transfer of Undertakings (Protection of Employment) Regulations 2006; or any equivalent legislation dealing with the safeguarding of employees' rights in the event of transfers of undertakings or businesses, or a service provision change, in whole or part whether enacted pursuant to or in accordance with the principles of the EU Acquired Rights Directive 2001/23/EC (and/or the Regulations or otherwise, in each case as amended, repealed or replaced from time to time) (hereinafter, the "Regulations"). The Regulations shall not apply on commencement of the Services or this Agreement. Neither Party shall have any liability to the other for any current or former employees, staff, contractors, consultants, agents, officers and workers or any third party engaged by the other Party (hereinafter, a "Relevant Person") on the commencement of the Services or this Agreement. Subject to Section 17.1, each Party shall indemnify the other (and any affiliate, subcontractor or supplier of the other) against all employment liabilities suffered or incurred as a result of: any claim or demand made or brought by any Relevant Person or any claim submitted on behalf of a Relevant Person by a trade union or employee representative or otherwise on the grounds that their employment and/or any liabilities in connection with that employment, its termination or cessation howsoever arising (including for the avoidance of doubt as a result of its termination or non-acceptance into employment) have or should have transferred pursuant to the Regulations, and any claim or demand made or brought by any person whomsoever on the grounds that there has been a failure in whole or in part to inform and/or consult under Regulation 13 of the Regulations in connection with any relevant transfer under the Regulations.
2. Governing Law. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Publisher Obligations regarding the Email services provided under the Services Agreement. When PowerInbox Inc. (d/b/a Jeeng) is identified as Company in the Services Agreement, then the following provisions shall apply:
1. Publisher shall ensure that: (i) all emails promoting Company’s advertising brands, offers, and/or promotions, shall include a mechanism to allow recipients to unsubscribe from receiving future commercial emails from Publisher; (ii) the mechanism used to unsubscribe recipients of emails that promote the Company advertisers’ brands, offers and/or promotions do not require the recipient to (1) take any steps other than replying to the email or visiting a single webpage; (2) make any payment; or (3) provide any personal identifiable information other than the email address at issue and opt-out preferences; (iii) its spam filter does not block unsubscribe requests and that it will keep the unsubscribe mechanism active for at least thirty (30) days after each message is sent; (iv) it will honor all opt-out requests within ten (10) business days and will not send further commercial email message falling within the scope of the opt-out request to the recipient after such time; (v) it regularly checks that its opt-out mechanism continues to function properly and that it regularly scrubs any email lists against Publisher’s do-not-email list; and (vi) all emails sent featuring Company’s advertisers’ name or any offers associated with Company or Company’s advertisers comply with the CAN-SPAM Act.
2. Specifically, in addition to a compliant unsubscribe mechanism, Publisher shall ensure that all emails will not use a false or misleading header, include complete and accurate header information, identify the Publisher as the sender in the “From” line, include the Publisher’s formal name and current street address, use accurate information in the “To” and “Reply” lines, and include accurate routing information, including the domain name. Further, Publisher shall ensure that the Publisher’s use of the “Subject” line accurately describes the email’s content and avoids language that may mislead recipients about a material fact regarding the email’s contents or subject matter.

Updated: October 14, 2024