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