Our Website, www.Adult-Empire.com, (hereinafter “Site”
or “we”), adopts the following Spam Policy, (or “Policy”), governing
the transmission of unsolicited email by the Site, or on the Site’s
behalf:
I. Introduction
This Spam Policy was adopted pursuant, and is intended to be compliant
with, the “Controlling the Assault of Non-Solicited Pornography and
Marketing Act of 2003,” or the “CAN-SPAM Act of 2003,” (hereinafter
“the Act” or “the CAN-SPAM Act”). Any and all prior statements of
policy relating to unsolicited email made by the Site in writing or
otherwise, are hereby rescinded and replaced by this Policy.
The Site respects the right of consumers to control the flow of unsolicited
email into their computer inboxes. We therefore strictly enforce a
“No Illegal Spam” Policy. Any affiliate, promoter, employee, contractor
or agent of this Site caught violating this Policy will be immediately
terminated, forfeit all unpaid commissions, and may be reported to
law enforcement authorities. Our strong preference is to avoid any
promotion that relies upon unsolicited email in any form. All promotions
should instead utilize verifiable, opt-in recipients and address lists.
However, all email promotions are required to comply with the specifics
set forth herein.
II. Effective Date
The Site will be strictly enforcing this new Spam Policy effective
Midnight, E.S.T., December 31, 2003.
III. Types of Commercial
Messages Covered by This Policy
Any form of bulk electronic message transmission, whether through
email or other technological means, are considered Spam, and therefore
covered by this Policy. This includes newsgroup postings, chat room
messages and other similar message delivery systems.
IV. Unsolicited
Email Policy
Any form of bulk electronic message transmission, whether through
email or other technological means, are considered Spam, and therefore
covered by this Policy. This includes newsgroup postings, chat room
messages and other similar message delivery systems.
A
The header must contain no false or misleading transmission information,
and must not contain any IP Address, domain name or email address
that was obtained by means of false or fraudulent pretenses or representations.
B
The header information must clearly state if another computer is used
to relay or retransmit the message, thus disguising its origin.
C
The message must not contain deceptive subject lines that mislead
the recipient about any material fact regarding the contents or subject
matter of the message.
D
The message must include a return address or comparable mechanism
to allow the recipient the opportunity to request not to receive future
commercial electronic mail messages from the sender at the address
where the electronic mail was received (hereinafter “opt out device”).
The return email address in the opt out device must be capable of
receiving such removal messages or communications for no less than
thirty (30) days after the transmission of the original message. No
additional commercial electronic mail messages may be sent to an individual
who has indicated his or her desire not to receive such messages from
the sender. This prohibition also applies to any person acting on
behalf of the sender. Moreover, the sender shall not sell, lease,
exchange or otherwise transfer or release the electronic mail address
of the recipient who has indicated such desire to stop receiving such
messages, other than messages transmitted for compliance with the
Act or other provision of law.
V. Opt-In Only Policy
In order to utilize the requirements of this section, the recipient
of the bulk electronic messages must have consented to receive the
email, either through a clear and conspicuous request for such consent,
or at the recipient’s own initiative. Alternatively, the recipient’s
affirmative consent can be obtained from a third party if the recipient
communicated such consent, and was given clear and conspicuous notice
at the time the consent was communicated that the recipient’s electronic
mail address could be transferred to the third party for the purpose
of initiating commercial electronic mail messages. Although the preceding
requirements applicable to unsolicited email shall serve as a guideline
for all email promotions, the following mandatory provisions apply
to opt-in only email transmissions:
A
Messages must not deceive or mislead recipients.
B
Messages must not contain falsified header information.
C
Messages must not contain false or misleading subject lines.
VI. Special Requirements
for Sexually-Oriented Email
The following special requirements apply to unsolicited electronic
mail containing sexually-oriented material.
A
The subject line must contain the terms “sexually-oriented material”
or such similar warning as required by rules to be adopted by the
Federal Trade Commission (“FTC”) in consultation with the Attorney
General within the time specified in the Act, i.e., within one-hundred
twenty (120) days of January 1, 2004.
B
Such messages may only initially contain, absent any further actions
by the recipient, the mandatory information for unsolicited emails
listed in Section IV and instructions how to access, or a mechanism
designed to access (such as a hyperlink) the sexually-oriented material.
In other words, and for avoidance of doubt, no sexually-oriented images,
drawings or other depictions are permitted to be contained within
unsolicited adult-oriented spam. Any affiliate, agent, employee or
promoter caught violating this provision will be immediately terminated
from the Site’s program, and all commissions then earned but unpaid
shall be forfeited.
C
Such messages shall also contain such marks, notices or disclaimers
required by the FTC, in consultation with the Attorney General, as
identified in any rules or regulations promulgated and published in
the Federal Register within the time frame contained in the Act, i.e.
one-hundred twenty (120) days from January 1, 2004.
VII. Indemnification
All affiliates, agents, employees or other promoters using any form
of electronic commercial mail promotion agree to indemnify and hold
this Site harmless from any and all claims, charges, counts, debts,
suits or other allegations arising from violations of the Act, or
other applicable laws regulating transmission of commercial email.
The Site shall provide immediate notice of any and all such claims,
however the Site shall select its own attorneys to defend such claims,
at the sole and exclusive expense of the affiliate, agent, employee
or promoter responsible for the alleged violation.
VIII. Incorporation
by Reference
This Spam Policy is hereby incorporated by reference into any Affiliate
Agreement in place and utilized by the Site. By continuing to avail
oneself of the benefits and obligations of affiliate promotion, all
affiliates thereby acknowledge the applicability and enforceability
of these provisions as part of the existing Affiliate Agreement. By
continuing to perform under the Affiliate Agreement, after receipt
of notice of this Spam Policy, Affiliate thereby manifests his or
her assent to these terms. All remaining terms contained in the Affiliate
Agreement, not inconsistent herewith, shall remain in full force and
effect.
IX. Resources
To report any violation of this Policy, please contact our customer
service department.
To Read the CAN-SPAM law, click here: http://www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf
Federal Trade Commission Website: www.ftc.gov
|