E-Mail Marketing Requirements Sample Clauses

E-Mail Marketing Requirements. The e-mail marketing requirements set forth in this Section 4(h) (the “Requirements”) state the minimum standards that VENDOR must adhere to in light of current laws, rules and regulations governing the transmission of e-mail and best practices in the industry. In the event that any state or federal law, rule or regulation governing e-mail communications is enacted or amended after the Effective Date setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in such subsequently enacted or amended law, rule or regulation shall apply to VENDOR, notwithstanding anything to the contrary contained in these Requirements. VENDOR shall be responsible for ensuring that each VENDOR E-mail sent in connection with the Services is sent in accordance with all Applicable Law including, but not limited to, CAN-SPAM and the Canadian Anti-SPAM Legislation (“CASL”). Any and all costs and/or fees charged to VENDOR by its Internet Service Provider(s) related to responding to and/or managing allegations of “spam” or any other unauthorized usage complaints received from VENDOR E-mail recipients, regulatory agencies or otherwise shall be borne exclusively by VENDOR. VENDOR shall: (i) make adequate disclosures as required by law to those in the VENDOR Database regarding its e-mail privacy and security policies; (ii) respond to all complaints within three (3) business days after VENDOR becomes aware of the subject complaint(s); and (iii) provide NWMS with a copy of every complaint, immediately, upon XXXXXX’s receipt thereof. VENDOR is solely responsible for all consumer complaints associated with its e-mail marketing Services. VENDOR represents and warrants that it shall: (A) not falsify e-mail header, domain or transmission information (including, without limitation, source, destination and routing information); (B) not, unless expressly authorized by NWMS in writing, in advance, in each instance, use brand names and/or trademarks of another party as a domain, or in the subject or from lines or body, of any VENDOR E-mail; (C) not seek or obtain unauthorized access to computers for the purpose of sending any VENDOR E-mail; (D) include within all VENDOR E-mail, VENDOR’s correct point-of-origin e-mail address, transmission information and routing information; (E) include within all VENDOR E-mail, a toll-free telephone number or valid e-mail address at which recipient may contact
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Related to E-Mail Marketing Requirements

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Definitions For purposes of this Agreement:

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • NOW, THEREFORE the parties hereto agree as follows:

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