cannot run any email marketing campaigns for AffiliateBOT offers
until you have agreed to the following terms and conditions.
read this entire document carefully, as it is an important part of
the contractual agreement BizCentral Inc. (“Company”)
and you as a registered affiliate at the site (“AfiiliateBot.com”).
It sets forth the rights and responsibilities of each of the parties
with respect to each other. This document can and does change from
time to time, and may change without prior notice, so it is important
that you review this document periodically in order to assure your
continued compliance with the terms upon which your use of the
AffiliateBot Network is conditioned. By Affiliate’s continued
participation in the AffiliateBot Network, Affiliate is fully subject
to any and all changes to this Agreement as they are posted.
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 this AUP, 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
All Affiliate e-mails and/or
e-mail-based Creative transmitted by You or any parent entities,
owners, subsidiaries, affiliates, predecessor or successor entities,
and any agents, officers, directors or employees acting on behalf of
You must, at a minimum, comply with all related applicable laws and
adhere the following obligations, as determined by AffiliateBot.com
and the applicable Merchant(s), in their joint and exclusive
Marketing Messages: All artwork and copy delivered
by AFFILIATEBOT.COM to affiliate under this Agreement may not be
changed or modified in any respect without the prior written consent
of AFFILIATEBOT.COM. In addition, any marketing materials from
AFFILIATEBOT.COM's affiliate program sent through email must be on an
OPT-IN basis only.
GATHERING AND LIST USE
may not send bulk email to individuals unless a prior business
relationship exists between the Affiliate and the individual.
strictly forbids any 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 AffiliateBot.com. Strictly no
e-mail and/or e-mail based Creative may display content that fails to
satisfy all of the requirements of the AffiliateBot.com Term of Use.
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.
must comply with the requirements of the CAN-SPAM Act of 2003 as
amended and any other applicable laws governing email communications
or downloadable software applications, including without limitation,
Affiliates may not use
false or misleading header information. The emails "From,"
"To," and routing information, including the originating
domain name and email address, must be accurate and identify the
person who initiated the email.
Affiliates may not use
deceptive subject lines. The subject line cannot mislead the
recipient about the contents or subject matter of the message.
Affiliates must give
email recipients an opt-out method. Affiliates must provide a return
email address or another Internet-based response mechanism that
allows a recipient to ask the Affiliate not to send future email
messages to that email address, and Affiliates must honor the
Affiliates must identify
the commercial email as an advertisement and include the sender's
valid physical postal address. Affiliate emails must contain clear
and conspicuous notice that the message is an advertisement or
solicitation and that the recipient can opt-out of receiving more
commercial email from the Affiliate. The email must include a valid
physical postal address from the Affiliate.
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 your reply email.
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.
must use all commercially reasonable business practices to maintain
security and privacy of email addresses and all other contact
information of email recipients.
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.
A Clear History
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 You, Your parent entities, subsidiaries, and/or Your
affiliates e-mail practices (regardless of whether such litigation
relates to Affiliate’s relationship with Company).
must be clear, complete and forthcoming in all statements to Company,
its Advertisers and such e-mail and/or e-mail-based Creative
must redirect all links in the emails and not embed any AffiliateBot
links directly into those emails.