SMS Marketing Sample Clauses

SMS Marketing. By using our standard or premium SMS marketing module, you represent and warrant that any recipient of promotional SMS sent by you via the ClubReady System has provided their prior express written consent to such communications, as “prior express written consent” is defined by the Telephone Consumer Protection Act and its implementing regulations adopted by the Federal Communications Commission (collectively, the “TCPA”). ClubReady makes no claim that the ClubReady System will not be considered an autodialer or automated telephone dialing system within the meaning of the TCPA. You will be solely responsible for the content of any promotional SMS that you sent to End Users via the ClubReady System and will honor all requests by End Users (or any individual who is the intended recipient of a promotional SMS) to opt-out from such communications, or revoke their consent, where prior express written consent had previously been provided. You can update the communication preferences for all End Users associated with your club or studio through your ClubReady account by selecting the End User and opting them out from future promotional SMS communications. Because promotional SMS are transmitted through the ClubReady System via major telecommunications companies and mobile network operators, ClubReady is not responsible for, and cannot guarantee, the successful or timely transmission of any SMS communication to an intended recipient. ClubReady, as a neutral host and the provider of a technology platform, shall have no obligation to screen, review or edit promotional SMS sent by you using the Platform. ClubReady shall not be liable to you or any party for or in connection with your use of the SMS marketing module, and you will defend, indemnify hold ClubReady harmless for any loss, liability or claim (including, without limitation, attorneys’ fees and court costs) related to or arising out of your use of the SMS marketing module.
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SMS Marketing use of TEXT MESSAGES services for the dissemination, invitations, incentives for purchase or commercial transaction of any product or service, such as, but not limited to: (i) the act of encouraging the purchase / use of a product / service of the company or ADVERTISERS that subcontract it; (ii) TEXT MESSAGES that have advertising, promotional or marketing connotations, or that show preference for any company or brand. They must be previously and expressly requested and authorized, in writing by the CLIENTS with FORMAL AUTHORIZATION (OPT IN); and (iv) TEXT MESSAGE that is not characterized as merely informative messages from a service provision contracted by the CLIENT, such as, but not limited to: (a) informational messages about medical consultations; (b) informational bank transaction messages (TORPEDO FINANÇAS) etc.

Related to SMS Marketing

  • Sales and Marketing Subdistributor shall market, promote, and solicit orders for the Products to prospective and existing Customers (excluding the Excluded Customers) consistent with good business practice and the highest professional standards in the industry, in each case using its best efforts to maximize Product sales volume in the Territory in accordance with Distributor’s Product marketing strategies, channel and pricing guidelines, and sales policies, and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor;

  • Advertising and Marketing Except in so far as herein expressly provided, the Service Provider shall not make or issue any formal or informal announcement (with the exception of Stock Exchange announcements), advertisement or statement to the media in connection with this Agreement or otherwise disclose the existence of this Agreement or the subject matter thereof to any other person without the prior written consent of SARS.

  • Marketing Vendor agrees to allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPS’ name and logo or any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to xxxx@xxxx-xxx.xxx. For marketing efforts directed to TIPS Members, Vendor must request and execute a separate Joint Marketing Disclaimer, at xxxxxxxxx@xxxx-xxx.xxx, before TIPS can release contact information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art, music, or any other intellectual property (“Property”) or Vendor Data utilized, provided, or approved by Vendor during the course of the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property rights and/or claims arising from the Vendor’s (including Vendor’s officers’, employees’, agents’, Authorized Resellers’, subcontractors’, licensees’, or invitees’) unauthorized use or distribution of Vendor Data and Property.

  • Regulatory Affairs Development and production of medical products and processes fall under the purview of the Food and Drug Administration (FDA) and research on these products involving animal or human studies is regulated by other laws, directives, and regulations. Project Awards under this Agreement that involve work in support of or related to FDA regulatory approval will address contingencies for Government access to regulatory rights in the event of product development abandonment or failure. Efforts conducted under this OTA shall be done ethically and in accordance with all applicable laws, directives, and regulations. The Government shall ensure performance includes regulatory expertise and guidance for candidate medical countermeasure development efforts:

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