All Advertising Material and any content used by Publishers in the promotion of any Offer must be pre-approved in writing by DMM or be obtained from DMM. If Publisher is approved by DMM to send link out traffic from a website, all Advertising Materials used to drive traffic to that website must be approved by DMM. If the Publisher disseminates any Advertising Material not approved by DMM, Publisher shall forfeit all Publisher Commissions.
Email. The Publisher covenants and agrees that neither the Publisher nor any Sub-Publisher contracted by the Publisher will, with respect to any Offer, send or cause to be sent any email except and unless use of email is expressly permitted by the Offer. Publisher shall comply with all applicable statutes, rules or regulations, including but not limited to the CAN SPAM Act of 2003, the California Business and Professions Code, and other applicable advertising laws. Publisher shall only execute Offers utilizing Opt-in email data to which Publisher has direct access, meaning the Publisher owns or has been granted custody of email data under a list management relationship and has prompt access to all Opt-in records and unsubscribe requests for all managed email addresses. Upon request by DMM, Publisher shall provide DMM the name, date, time and IP address where the User signed up or gave permission with respect to such email campaign within two (2) business days of the commencement of such email Campaign. Emails shall not contain or include a falsified header, sender, domain name or non-responsive email address. Publisher shall not:
- use any name other than Publisher’s, its Affiliates, or as requested by the Client in the Offer description or approved by DMM in writing;
- use false or misleading subject lines that attempt to disguise or conceal the content of the email of that makes any false or deceptive claims, including but not limited to claims falsely suggesting a prior relationship or that a recipient has “won” something; or
- send any commercial email to any person who has requested not to receive email from Publisher and/or DMM or use any name contained in DMM’s Suppression List. Every email shall contain a functioning opt out mechanism. The opt out mechanism must:
- contain a return email address or other Internet-based mechanism clearly displayed that enables a User to request not to receive future email messages from the Publisher;
- be clear, conspicuous and relay the recipient directly to the opt-out location;
- be active and operable for at least, thirty (30) days following the transmission of the electronic mail; and
- at no time be subject to any barrier preventing the recipient from submitting their electronic mail address, such as, but not limited to, a monetary cost or misleading language. A list of unsubscribing recipients as a result of email sent pursuant to Offers hereunder must be provided to DMM not less than weekly. Every email sent by the Publisher shall include a valid physical postal address of the entity principally responsible for sending the email communication, as well as the Client unsubscribe link found in the Advertising Materials. Offers provided by DMM for the purpose of email marketing will include in the Program Site a Suppression List for the Offer. The Publisher shall download the Suppression List and scrub it against their list no more than three (3) calendar days before the Publisher emails the Offer to its recipients. Publisher acknowledges and agrees that DMM is not responsible for any failure by a Client to make available or to maintain any electronic mail Suppression List for any Client. In no circumstance will the Publisher send any electronic mail to any electronic mail address listed on a Suppression List for any Offer. The Suppression List made accessible to the Publisher will be used solely for the intended purpose, as stated in this section. Indication of the Suppression List being used for any alternative purpose, including, but not limited to, leasing, selling, or emailing the Suppression List directly, gives DMM the sole discretion to terminate the Publisher’s membership in the Program immediately, cease any and all payments to the Publisher, and seek any and all remedies under law and equity. The Publisher represents and warrants that it will, within two (2) business days following receipt of an electronic mail address submitted through the opt out mechanism, or otherwise upon receipt of notice (howsoever delivered to the Publisher) from any person that an electronic mail is to be removed from the Publisher’s mailing list, remove such electronic mail address or addresses from the Publisher’s own mailing list.
Publisher understands that any breach of the foregoing by it or its Sub-Publishers automatically forfeits the right and claim to any revenue generated from such practices, and Publisher’s and/or its Sub-Publisher(s)’ account may be terminated.