eBrandIT™ Terms of Service for Commercial/Promotional Email
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Customers must ensure that the following is clearly and conspicuously disclosed at the point of collection of email address and related personal information (a link to a privacy statement is insufficient):
1. The nature of commercial or promotional email to be sent and the types of entities that will be providing content, excluding those messages sent to recipients with whom there is a prior business relationship; and
2. Any sharing or renting of the recipient’s email address and/or related personal information that will result in additional commercial or promotional email from (1) Affiliates and/or (2) Third Parties.
Customers must ensure that consent with appropriate disclosure or a prior business relationship exists prior to sending commercial or promotional email.
1. Acceptable forms of consent include:
• Double Opt-In: (sometimes referred to as ‘Confirmed Opt-In’): The recipient affirmatively requests to add his/her email address to a mailing list. The Recipient receives a confirmation email and the Recipient confirms his/her request by replying or visiting a provided URL.
• Opt-In with Verification: The recipient affirmatively requests to add his/her email address to a mailing list. The Recipient receives a verification email notifying him/her of the subscription and providing clear unsubscribe instructions.
• Opt-In: The recipient affirmatively requests to add his/her email address to a mailing list.
2. A prior business relationship exists where (1) the recipient has purchased a product or service from the email address list owner within the past 18 months, (2) the recipient consensually provided his/her email address and (3) the recipient has not unsubscribed or opted out from commercial or promotional email, or otherwise terminated the relationship. An affiliate or third party may not rely on a prior business relationship for sending commercial or promotional email.
3. If the Customer has not collected the recipient’s email address and/or related personal information directly, the Customer must perform due diligence to ensure that appropriate notice was provided, and relevant consent obtained, as required herein.
4. Email addresses may be rented or shared from third parties or to third parties on a temporary basis to send emails relevant to the consent obtained by the email address list owner. Email addresses may only be purchased from a third party or sold to a third party through a co-registration process subject to the restrictions listed below.
5. Co-registration: The following requirements must be met to be considered a co-registration:
• The email address list owner that purchases the email addresses was explicitly, clearly, and conspicuously named at the point of email address collection;
• Each act of consent (e.g., a check box) resulted in the addition of an email address to only one list; and
• Proof of consent, including the date, time, originating IP address, and location (e.g., a URL) where the address collection occurred can be produced by the Participating Customer upon request.
6. A Customer may not send Email to email addresses that have been obtained by harvesting or dictionary-style attacks. |
Customers must ensure that the recipient’s requests to discontinue receipt of commercial or promotional email are honored.
1. Every commercial or promotional email sent under these program requirements must include an unsubscribe option. removal instructions must be clear, conspicuous, and easily understood. This should be as close to a ‘one-click’ process (such as selecting a URL) as possible.
2. All unsubscribe mechanisms must adhere to the following:
3. Easy to Use: Unsubscribe mechanisms may include a reply to the commercial or promotional email sent to the recipient or an online process described in that commercial or promotional email with a URL. The unsubscribe process must not require a recipient to provide any information other than the recipient’s email address, unless the recipient has been clearly and conspicuously notified at the point of collection that receiving commercial or promotional email is a requirement to receive a service, in which case a username and/or password may be required.
• Timely: A recipient’s request to unsubscribe must be processed, and the request must become effective within 10 business days from receipt.
• Persistent: Unsubscribe mechanisms must be functional for no fewer than 30 days following the sending of the commercial or promotional email.
• Indefinite: A recipient’s request to unsubscribe is valid and must be honored indefinitely, or until the recipient provides his or her new consent, as defined in these program requirements, to receive commercial or promotional email.
• Absolute: Once a recipient has unsubscribed, commercial or promotional email may not be sent and the recipient’s email address or related personal information may not be sold, leased, or otherwise shared with third parties.
• Flexible: If a recipient contacts the customer with an ‘out of band request’ for an unsubscribe, for example, via postal mail, email to another account at the customer (e.g., abuse@customer.domain or postmaster@customer.domain), or through a telephone call, those unsubscribe requests should be acted on in a timely manner.
4. In cases where a recipient is clearly and conspicuously notified at the point of collection that receiving commercial or promotional email is a requirement to receive a service, the unsubscribe option may be provided through a link in every commercial or promotional email to a more general account administration tool (for example, ‘account settings’ or ‘account preferences’), and may require a login at a specified web page.
5. Accountability
Customers must ensure that the mail infrastructure used to send email is well maintained and operated in a responsible manner.
• There should, if possible, be one or more dedicated IP address(es) for sending email through the Product.
• The complaint rate for IP address(es) enrolled in the Product must not be excessive.
• Email address list maintenance systems must be employed to reliably receive and process bounces and other replies from receiving networks. Permanent delivery errors from email sent from IP address(es) enrolled in the Product must be processed by removing the recipient’s email address and should not exceed 10% of all messages sent from IP addresses enrolled in the Product.
• The IP address(es) enrolled in the Product must have valid reverse DNS entries. The IP address(es) of the host name(s) of the reverse DNS entry must match the IP address(es) of the sending mail servers. |
Customers must ensure that Email is truthful and accurately identify the source of the message.
1. The domain name or message headers must not be falsified or obscured in any way.
2. The subject line and content of every Email must not be false or misleading. |
Customers must ensure that all parties involved in the sending of email cooperate with the program administrator to resolve any issues regarding program requirements by responding in 5 business days of notice, and by taking corrective action within 15 business days of notice.
1. Customers must create and maintain the standard role email accounts abuse@customer.domain and postmaster@customer.domain for all of their domains that send email in order to facilitate handling complaints and other issues.
2. Customers must register with abuse.net, and maintain accurate contact information in the “whois” database.
3. Customer agrees to maintain current and correct contact information with Mondial by sending timely updates to support@mondialteknology.com |
Mondial will review, upon receiving a valid Customer purchase order and Product Activation Form, the prior commercial email history of the Customer. Review of the Customer email history will include one or more of the following steps.
• Review of Customer complaint rate as specified on generally Internet “abuse” websites
• Review of Customer email Abuse history Internet “abuse” websites
• Assess if Customer has a complaint rate equal to or exceeding one (1) SpamCop complaint per million emails sent in the prior month.
The Customer will provide to Mondial a written statement indicating the “Consent” method used for Commercial/Promotional email or complete and Accept a Mondial provided Consent questionnaire. Failure by Customer to provide Consent information will result in a suspension of Product activation. |
Mondial will facilitate the assessment of Customer commercial email standards infractions. Any Customer infraction information received by Mondial will be processed in the following manor.
• First infraction - Infraction information provided to Mondial will be forwarded to Customer contact. Customer may provide Mondial their findings related to the infraction and changes in Customer commercial/campaign email processes.
• Second infraction - Infraction information provided to Mondial will be forwarded to Customer contact. Customer will advise within 10 business days of their findings related to the infraction and changes made by the Customer on their commercial/promotional email processes.
• Third infraction - Infraction information provided to Mondial will be forwarded to Customer contact. Customer will advise within 10 business days of their findings related to the infraction and changes made by the Customer on their commercial/promotional email processes. If Customer has not modified their commercial/promotional email processes to comply with Federal, State and/or Local laws, Product for the Customer will be suspended until such time as Customer has been recertified by Mondial as compliant with Acceptable Use Policies.
Any assessments or fines by independent commercial email compliance Services (such as BondedSender) and charged to Mondial, related to Customer email transiting the will be charged to Customer along with a 35% handling fee. |
Customer: The term “Customer” means a company, company division, subsidiary, or organization that contracts with the . In instances where the Customer did not collect the email addresses directly, but rather is acting as an agent for the Email Address List Owner, the Customer must ensure that the Program Requirements are satisfied by the Email Address List Owner.
Email Address List Owner: The term “Email Address List Owner” means a company, company division, subsidiary, co-branding partner, or organization that is connected together by a common marketing brand and owns the list of email addresses that is being used under these Program Standards.
Recipient(s): The term “Recipient” means the individual who receives an Email Message covered by these Product Requirements.
Email: The term “Email” means any email that is sent by the Customer or on behalf of the Customer
Commercial or Promotional Email: The term “Commercial or Promotional Email” means any electronic email that is business-related or an endorsement and is sent by the Customer or on behalf of the Customer other than a Transactional or Relationship Email. Examples of Commercial or Promotional Email include, but are not limited to marketing, promotional, and fundraising emails, newsletters, and surveys.
Transactional or Relationship Email: The term “Transactional or Relationship Email” means any electronic mail message sent by the Customer or on behalf of the Customer the primary purpose of which is:
• to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the Customer;
• to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the Recipient;
• to provide any of the following regarding a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the Customer:
i. notification concerning a change in the terms;
ii. notification of a change in the recipient's standing or status; or
iii. at regular periodic intervals, account balance information or other type of account statement.
• to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
• to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the Customer.
Affiliate: The term “Affiliate” means an entity that is not connected to the Customer by a common marketing brand, but is related to the Customer by corporate or organizational structure.
Third Party: The term “Third Party” means a commercial entity that is unrelated by corporate structure to a Customer and that is not acting as the Customer’s agent.
Related Personal Information: The term “Related Personal Information” means other personal information provided by the Recipient at the time of email address collection.
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