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June 25th, 2003, 01:41 PM #1
- Join Date
- January 18th, 2005
1) Does anyone understand what item 3 means?
2) I especially like item 2: Indemnification.
Look Bosley, If I'm stupid enough to use a spam list that results in damages to you, you're welcome to sue me. (I'll agree not to use a spam list, but I'm not going to INDEMNIFY you for a lousy $6 a lead.) This clause alone is enough to cause me to steer wide of the program.
By applying to the Bosley Medical Program to promote www.bosley.com, you agree to comply with the following requirements:
1. E-mail Solicitations: All e-mail solicitations must originate from "opt-in" or "negative opt-in" sources only, and requires a viable "opt-out" option through a link for consumers wishing not to receive further advertisements, solicitations, or communications from the Publisher. (A negative opt-in refers to user acceptance of a clearly visible pre-checked opt-in choice). The Publisher will remove any e-mail record from mailing list for which the publisher cannot identify the date and website from which the user opted-in or accepted a negative opt-in to receive e-mail offers.
2. Indemnification. The Publisher will indemnify Bosley Medical from any, loss, cost, claim or demand which arises out of spam being sent to persons whose addresses appear on lists purchased from the publisher, although those individuals have opted-out of e-mail solicitations.
3. Non-Compete: During the time of this agreement and for a period of 6 months from the end of this agreement, the publisher agrees that they will not engage, contract with, nor license Bosley Medical in any digital marketing relationship, nor permit any person, firm, or entity associated with the publisher to represent or engage Bosley Medical in any digital marketing relationship.
4. Non-Disclosure: During the time of this agreement and thereafter the agreement, the Publisher will not disclose any of Integrated Media Solutions negotiated rates or deals.
5. Email Approval: The publisher must receive written approval from Bosley and/or Bosley’s agent Integrated Media Solutions on each "opt-in" or "negative opt-in" email blast before the list is sent out. The seed list/approval email list should include the following addresses; firstname.lastname@example.org and email@example.com and firstname.lastname@example.org. The seed list should be included in ALL blasts.
April 2nd, 2008, 06:36 PM #2
- Join Date
- April 2nd, 2008
# 3 means you can not do any online / internet marketing 6 months after ward.
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