1
Exhibit 10.16
YesMail
(Network Partner Agreement)
This Network Partner Agreement (the "Agreement") is made and entered into
as of (the "Effective Date") by and between xxxxxxx.xxx, inc. ("YM"), a Delaware
corporation, and COMPANY NAME ("COMPANY"), a corporation.
WHEREAS, YM provides email list management ("YM Management") services and
email marketing services ("YM Email").
WHEREAS, COMPANY provides ________________________ (the "COMPANY Service");
WHEREAS, the parties hereto wish to provide services one to the other; and
WHEREAS, the parties wish to memorialize the terms of this arrangement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the adequacy, sufficiency and receipt of which are hereby acknowledged, the
parties agree as follows:
1. Affiliation.
a. Upon execution of this Agreement, COMPANY shall become a YM Network
Partner and hereby grants to YM the exclusive right to manage the
COMPANY/YM Member List (YM Management) and exclusive right to send email to
the COMPANY/YM Members on behalf of advertisers (YM Email). "COMPANY/YM
Members" means those COMPANY users who have voluntarily agreed to receive
YM Email from YM and YM clients. "COMPANY/YM Member List" means the list of
COMPANY/YM Members as that list is amended from time to time. COMPANY/YM
Members does not include COMPANY newsletter subscriber base or any other
subscriber or registration list of the COMPANY.
b. COMPANY agrees that, during the term of this Agreement, COMPANY shall
not enter into a relationship with any other provider of services similar
to the services provided by YM.
c. COMPANY hereby agrees to promote YM via. the COMPANY web site, or
through other means as it sees fit for the purpose of building the
COMPANY/YM Member List. The extent, content and frequency of such promotion
shall be in the sole discretion of COMPANY; provided, however, that YM
shall have the right to review and approve the use of any YM branding.
d. YM shall perform the work and make payments to COMPANY in accordance
with the description and specifications as set forth in section 2 of this
Agreement;
1
2
e. COMPANY shall perform the work for YM in accordance with the
description and specifications as set forth in section 3 of this Agreement;
f. All changes to the requirements, specifications, or delivery during
the term of this Agreement shall require notification to the other party
and both parties shall agree in writing on any necessary adjustments to
accommodate such changes as set forth in Section 10.
2. Requirements of YM.
YM agrees to perform the following:
a. Abide by the COMPANY privacy policy, as amended from time to time, as
such policy is posted on the COMPANY web site and as it pertains to the
COMPANY/YM Members. YM further agrees to safeguard the names, email
addresses and any other information obtained from COMPANY/YM Members
(collectively, "Member Data") and agrees not to sell, license, assign,
transfer, disclose, or otherwise convey the Member Data to any third party.
b. Provide COMPANY a single point of contact with YM to assist with
operational execution, internal sales coordination, reporting and analysis,
and other YM business;
c. Provide COMPANY, during the term of this Agreement (the Term) and only
for use in the performance of this Agreement, with unique tags in HTML/Java
or other appropriate languages (the Tags) (in which COMPANY will not have
or acquire any proprietary or property rights or interests, including any
intellectual property rights), which shall be placed appropriately by
COMPANY to enable YM to capture and manage member information as specified;
d. Co-brand all YM Email as a service of COMPANY and YM so subscribers
clearly understand the source of the communication. New COMPANY/YM Members
will also see the COMPANY and YM brands when initially contacted
(confirmation process) and when modifying their account (unsubscribe
process, modification/addition of interest categories) at the
Xx.XxxXxxx.xxx site. The plain text opt-in message co-branding is further
specified in Exhibit A.
e. Utilize commercially reasonable efforts to sell YM Email through the
YM Network which include COMPANY/YM Members as appropriate, at such prices
as YM shall deem appropriate. COMPANY/YM Members that had previously joined
the YM Network prior to becoming COMPANY/YM Members will not receive YM
Email on behalf of COMPANY.
f. Provide COMPANY ability to communicate directly with COMPANY/YM
Members via email through YM. COMPANY may send a maximum of one email
distribution to
2
3
COMPANY/YM Members per month for it's own customer relationship use with an
aggregate limit of 250,000 per month. Additional emails may be distributed
for COMPANY for the prevailing fee (currently $0.01/email and not to exceed
$0.05/email).
g. Share revenue from the sale of YM Email to COMPANY/YM Members. Net
revenue after outside agency commissions, (nominally in the range of 15% to
20% of gross revenues and not to exceed 25% of the gross revenue), will be
divided at an equal split of 50% to YM and 50% to COMPANY. YM shall make
such payment to COMPANY at the earlier of 10 days after the end of the
month in which YM receives payment from it's customers or 90 days after the
announcement has been sent. Such payment shall be made once per month from
YM to COMPANY.
h. Create a separate agreement with preferential pricing levels to permit
COMPANY to utilize the network for self-promotion;
i. Provide real-time access to records and tools to monitor and manage
COMPANY/YM Member List;
j. Provide real-time access to records showing revenues earned by
COMPANY. During the term of this Agreement and for six (6) months after the
expiration or any termination of this Agreement, an independent third-party
representative of COMPANY, reasonably acceptable to YM, upon reasonable
notice and upon execution of a mutually acceptable non-disclosure agreement
and during YM's normal business hours, shall have the right to conduct an
audit of the relevant portions of YM's books of account to verify
compliance with this Agreement. YM shall immediately pay any overdue
payments revealed by such audit(s), together with interest thereon at the
rate of 1.5% per month (or the maximum permitted by applicable law, if
less) from the due date until paid. COMPANY shall bear the costs of the
audit; provided, however, if the audit reveals overdue payments in excess
of five percent (5%) of the total amount payable for the period subject to
the audit, then YM shall pay the costs of such audit.
k. Abide by the YM Communication Rules as further specified in Exhibit B;
[OPTIONAL ITEMS
Give COMPANY the right to reject any message to COMPANY/YM Members that
COMPANY believes is not in COMPANY's interest. Such shall be accomplished
by providing COMPANY with one business day to review any email or other
message prior to its dispatch to COMPANY/YM Members. COMPANY will have the
right to reject such message by sending veto message to YM via electronic
mail within such period, in which case YM will not distribute such message
to COMPANY/YM Members. However, if no such "veto message" is received, the
message shall be deemed acceptable
3
4
YM shall send an announcement to ##### of its members who have requested
information about Internet related topics, announcing COMPANY. The
announcement shall be made during the term of this agreement and the
material to be included shall be drafted by COMPANY and is subject to the
reasonable approval of YM.
Provide the WebPromote 200 directory submission service for up to ####
COMPANY websites.
Provide one ($10,000 value) sponsorship position within WebPromote Weekly.
YM sales personnel will contact COMPANY to provide further details. Rate
card and further information is available at HYPERLINK
xxxx://xxx.xxxxxxxxxx.xxx and HYPERLINK xxxx://xxx.xxxxxxx.xxx.
YM will not send email announcements to COMPANY list members on behalf of
the following companies: one, two, three, four, five.
YM will not send email announcements to COMPANY list members if targeting
the following interest categories: one, two, three, four, five.
SAMPLE REVENUE GUARANTEE. Provide a minimum revenue guarantee of $0.04 per
average number of COMPANY/YM Members per month. Opt-in members joining
during a calendar month (x) shall be credited in the month following (x+1)
and payment made in the following month (x+2). Aggregate usage of the
COMPANY list shall be tracked and such minimum guarantee check would be
issued in cases where the actual revenue share earned by COMPANY fell below
$0.04/month. Within 10 days of executing this agreement, YM shall issue a
check for $25,000 as an advance payment against such revenue guarantee..
[Notwithstanding the foregoing, the COMPANY'S sole remedy for a breach of
this section shall be to terminate the Agreement pursuant to paragraph
6(b), or, at the COMPANY'S option, to leave the Agreement in full force and
effect with the exception of the COMPANY requirement of exclusivity
pursuant to paragraph 3(d)]]
3. Requirements of COMPANY.
COMPANY agrees to perform the following:
a. Abide by the YM Communication Rules as further specified in Exhibit B
and the YM Privacy/Permission Statement as further specified in Exhibit C
as they pertain to COMPANY/YM Members;
4
5
b. Provide a single point of contact to assist with development and
implementation of sales and marketing strategies, technical and sales
coordination, operational execution, and other required communications;
c. Provide access to complete COMPANY/YM Member List, opt-in member
database, categories, and demographics if available that YM will represent;
d. Not engage, contract with, license or permit any person, firm or
entity other than YM and its employees to sell or represent COMPANY/YM
Member List or Member Data for the purpose of dedicated email
communications (single message with single sponsor). Nothing in this
Agreement shall prohibit COMPANY or its designees from selling,
representing or sending email magazines (e-zines)/email newsletters
(multiple sections of content with multiple advertisers).
e. Not sell, license, assign, transfer, disclose, or otherwise convey to
any third party the COMPANY/YM Member List or Member Data. Nothing in this
Agreement shall prohibit COMPANY or its designees from sending email or
other communications to COMPANY users regarding the COMPANY Service.
f. Use commercially reasonable efforts during the Term to continue and
maintain the COMPANY Web Site and the Web Sites Pages in a manner
consistent with the intent and purpose of the COMPANY Web Site at the time
of this Agreement. COMPANY, in its sole discretion, may affix the Tags to
the registration pages or other pages of the COMPANY web site to facilitate
the transfer to YM of Member Data supplied by COMPANY users. In the event
that COMPANY decides to affix the Tags, both parties agree to cooperate to
implement such system.
x. Xxxxx to YM a non-exclusive license to use the name and logo of
COMPANY for the purposes set forth herein, specifically to include the
COMPANY name in an email to verify subscription to the COMPANY/YM Member
List; to include COMPANY name and logo on the Xx.XxxXxxx.xxx page for each
subscriber; and to include COMPANY name and other COMPANY property on YM
Email.
4. Intellectual Property.
a. All hardware, software, programs, codes, trade names, technology,
intellectual property, licenses, patents, trademarks, copyrights, trade
secrets, know-how, customer lists, customer transactions, and processes of
either party (collectively, the Technology) used by, owned, or generated by
that party shall remain that party's sole property. Neither party shall
have, at any time during the term of this Agreement or thereafter, any
claim, right, title or interest in the Technology of the other party. Upon
the expiration or termination of this Agreement, for any reason, each party
shall promptly return all information, documents,
5
6
manuals and other materials (together with copies thereof) belonging to the
other party except as otherwise provided in this Agreement.
b. During the term of this Agreement, YM may refer to COMPANY/YM Members as
members of the YesMail Network. However, any information on COMPANY/YM
Members (including member email address) provided to YM by COMPANY shall
remain the sole and exclusive property of COMPANY.
c. Any information provided to YM directly by COMPANY/YM Members on the
YM web site will be the property of both YM and COMPANY.
d. Any information obtained by YM while tracking COMPANY/YM Members
responses to YM Email will be the property of YM.
e. Notwithstanding the above, nothing in this section shall serve to
transfer any ideas or other intellectual property owned by either party
prior to the initiation of this Agreement.
f. The provisions of this section shall survive the expiration or
termination of this Agreement.
5. Confidentiality.
a. YM and COMPANY covenant to each other that neither party shall
disclose to any third party (other than its employees and directors, in
their capacity as such, and the employees and directors of any affiliate on
a need to know basis so long as they are bound by the terms of this
Agreement) or use in any way other than as contemplated hereby, any
documents furnished hereunder, any information regarding the terms and
provisions of this Agreement, any non-public confidential information which
has been identified as such by the other party hereto, or information
which, by the nature of the circumstances surrounding the disclosure ought
in good faith to be treated as confidential, except:
(i) to the extent necessary to comply with any law or valid order of
a court of competent jurisdiction (or any regulatory or
administrative tribunal), in which event the party so complying
shall so notify the other party as promptly as practicable (and,
if possible, prior to making any disclosure) and shall seek
confidential treatment of such information, if available;
(ii) as part of its normal reporting or review procedure to its
auditors or its attorneys, as the case may be, so long as such
auditors or attorneys are notified of the provisions of this
Agreement;
(iii) in order to enforce its rights pursuant to this Agreement; or
(iv) if such information becomes generally available to the public or
is otherwise no longer confidential through no violation of a
party hereto.
b. Information which is or should be reasonably understood to be
confidential or proprietary includes, but is not limited to, information
about YM, COMPANY, sales, cost
6
7
and other unpublished financial information, product and business plans,
business alliances, customers, customer transactions, projections,
marketing data, and sponsors but shall not include information already
lawfully known to or independently developed by a party prior to the time
it was disclosed, disclosed in published materials, generally known to the
public, lawfully obtained from any third party or required to be disclosed
by law.
c. Neither party shall, without the written approval of the other, make
any press release or other public announcement concerning the relationship
contemplated by this Agreement.
6. Term and Termination.
a. The term of this Agreement (the Term) shall commence on the Effective
Date and shall terminate after an initial period of [one to three] years
(the "Initial Term"). This Agreement may be terminated by either party upon
thirty (30) days prior written notice in the event of a breach by the other
party of a material term of this Agreement. The notice shall provide the
alleged default on the part of the breaching party and, if said default is
cured within thirty (30) days of receipt of such notice as acknowledged by
both parties, the termination shall be rendered ineffective and this
Agreement shall remain in full force and effect.
b. The Agreement shall automatically renew for additional one (1) year
periods unless either party provides written notice to the other of its
intention to terminate the Agreement. Such notice shall be provided not
later than thirty (30) days prior to the expiration of the Initial Term or
any subsequent terms.
c. Upon expiration or termination of the Agreement, each party shall
promptly deliver to the other party all of such party's work product
resulting from this Agreement, including software, data, materials and
other properties of the other party, including, without limitation, any
software, hardware or other equipment loaned from one party to the other
and any other documents or information contemplated to be returned hereby.
d. Upon the expiration or termination of this Agreement, YM shall
immediately cease all mailings to COMPANY/YM Members. COMPANY acknowledges
that members may have previously joined other third party email lists. If
the third party owners of these lists are currently, or subsequently
become, YM Network Partners, YM may provide mailings to members of these
lists and share revenues with the appropriate third party, exclusive of
COMPANY.
7. Representations and Warranties.
a. YM represents and warrants to COMPANY that:
7
8
(i) YM has the power and authority to enter into this Agreement and
perform its obligations hereunder; the execution and delivery by
YM of this Agreement and its performance hereunder have been duly
authorized; this Agreement constitutes the legal, valid and
binding agreement of YM, enforceable in accordance with its
terms; and neither execution or delivery of this Agreement nor
consummation of the transactions contemplated hereby or
compliance with the terms, conditions or provisions hereof will
conflict with, result in the breach of or violate any agreement
or other obligation between YM and any third party;
(ii) YM has the right to perform the YM Requirements;
(iii) To the best of its knowledge, compliance with the terms,
conditions, or provisions of this Agreement will not infringe on
any copyright, patent, trade secret or other proprietary right
held by any third party;
(iv) YM shall not include any content which is unlawful, defamatory,
obscene, sexually explicit, discriminatory, or otherwise
inappropriate or conflicts with the YM Communication Rules in its
performance of the YM Requirements; and
(v) Services provided by YM in connection with the YM Requirements
will be performed in a professional manner.
b. COMPANY represents and warrants to YM that:
(i) COMPANY has the power and authority to enter into this Agreement
and perform its obligations hereunder; the execution and delivery
by COMPANY of this Agreement and its performance hereunder have
been duly authorized; this Agreement constitutes the legal, valid
and binding agreement of COMPANY, enforceable in accordance with
its terms; and neither execution or delivery of this Agreement
nor consummation of the transactions contemplated hereby or
compliance with the terms, conditions or provisions hereof will
conflict with, result in the breach of or violate any agreement
or other obligation between COMPANY and any third party;
(ii) COMPANY has the right to perform the COMPANY Requirements;
(iii) To the best of its knowledge, compliance with the terms,
conditions, or provisions of this Agreement will not infringe on
any copyright, patent, trade secret or other proprietary right
held by any third party;
(iv) COMPANY shall not include any content which is unlawful,
defamatory, obscene, sexually explicit, discriminatory, or
otherwise inappropriate or conflicts with the YM Communication
Rules in its performance of the COMPANY Requirements; and
(v) Services provided by COMPANY in connection with the COMPANY
Requirements will be performed in a professional manner.
8. Indemnity.
8
9
Each party agrees to indemnify, defend and hold the other harmless from any
and all actions, causes of action, claims, demands, costs, liabilities,
expenses and damages, including all reasonable attorneys fees, arising out
of or in connection with any claim that work performed by said party
infringes on a copyright patent, trade secret, trademark or other
intellectual property, or is the legal right of any third party; or any
other claim that, if true, would constitute a breach of the representations
and warranties set forth in Section 7 above.
9. Limitation of Liability.
Neither party's liability for damages to the other party for any cause
whatsoever, regardless of the form of any claim or action, shall exceed the
aggregate amount paid by such party to the other, if any, during the one
year period prior to the claim. In no event shall either party be liable
for any loss of data or profits, or for any special, incidental, indirect,
punitive or consequential damages arising out of or in connection with the
performance or failure to perform under this agreement without regard to
whether such party has been advised of the possibility of such damages.
These limitations are independent from all other provisions of this
agreement and shall apply notwithstanding the failure of any remedy
provided herein.
10. Notices.
All notices required or permitted to be given hereunder shall be in writing
and either hand-delivered, telecopied, mailed by certified first class
mail, postage prepaid or sent via overnight courier to the other party or
parties hereto at the address (es) set forth below. A notice shall be
deemed given when delivered personally, when the telecopied notice is
transmitted by the sender, three business days after mailing by certified
first class mail, or when delivered by overnight courier with written
confirmation of receipt.
If to YM: xxxxxxx.xxx, inc.
000 Xxxxxxxx Xxxxxxx
Xxxxxx Xxxxx, Xxxxxxxx 00000
Attention: BUS DEV NAME
Fax: (000) 000-0000
If to COMPANY: NAME AND ADDRESS.
Attention:
Fax:
11. Independent Contractor.
Each party agrees and acknowledges it is an independent contractor. Nothing
in this Agreement shall be construed as create an employer/employee
relationship, partnership or joint venture. Each party agrees that it will
be responsible for its own federal and state taxes, withholding, social
security, workers insurance and benefits.
9
10
12. Modification.
No waiver or modification, in whole or in part, of this Agreement or any
terms or conditions hereof shall be effective against any party unless in
writing duly signed by the party sought to be bound. Any waiver of any
breach of any provision hereof or any right or power by any party on one or
more occasion shall not be construed as waiver of or a bar to the exercise
of such right or power on any subsequent occasion or as a waiver of any
subsequent breach.
13. Severability.
Each provision of this Agreement shall be interpreted in such a manner as
to be effective and valid under applicable law, but if any provision of
this Agreement shall be held to be prohibited by or invalid under
applicable law, such provision shall be ineffective only to the extent of
such prohibition or invalidity, without invalidating the remainder of such
provision or the remainder of the provisions of this Agreement.
14. Entire Agreement.
This Agreement sets forth the entire agreement between the parties hereto
with respect to the subject matter hereof and supersedes all other
agreements and understandings, written or oral, between the parties.
15. Counterparts.
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one
in the same instrument.
16. Governing Law.
This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Illinois. The parties hereby
consent to and submit to the jurisdiction of the federal and state courts
located in Xxxx County, Illinois.
17. Assignability.
Both parties may not assign this agreement or any of its rights or
obligations (except to its successor, pursuant to a merger consolidation or
sale of all or substantially all of its assets).This Agreement, and any
rights or obligations contained herein, may not be assigned or delegated by
either party, in whole or in part, voluntarily or by operation of law,
without prior written consent of the other party, provided, however, that
such consent shall not be required if either party assigns this Agreement
to a majority-owned subsidiary or in connection with a merger, acquisition,
or sale of all or substantially all of its assets or stock, unless the
surviving entity is a direct competitor of the other party.
10
11
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date below-written.
xxxxxxx.xxx, inc.
By:
--------------------------------------
Title:
-----------------------------------
Date:
------------------------------------
COMPANY
By:
--------------------------------------
Title:
-----------------------------------
Date:
------------------------------------
11
12
EXHIBIT A-Sample Co-branded look and feel (Plain text opt-in email)
Subject Line: Art Supplies at up to 80% off!
--------------------------------------------------------------------------------
This message is brought to you by XYZ Company and YesMail.
We appreciate your membership. To modify your member profile, please see "Member
Services" below.
--------------------------------------------------------------------------------
XxxxxxXxx.xxx has just launched the world's largest online discount art
supply store at:
xxxx://xxxxxxxxx.xx0.xxx/xx0.xxx?XXXx000000
We sell art supplies wholesale direct to the consumer at up to 80%-off!
Our inventory includes 40,000 brand name arts and crafts supplies like:
Grumbacher, Liquitex, Sanford, Winsor & Newton, Fredrix, 3M, and many
others.
This exclusive membership entitles you to even greater savings than our everyday
low prices, take a look...
Product: KOH-I-NOOR Rapidograph Pen Set
List Price: $137.95
XxxxxxXxx.xxx VIP Price: $48.28
YOU SAVE: 65%
Product: GRUMBACHER Red Sable Brush
List Price: $39.95
XxxxxxXxx.xxx VIP Price: $15.18
YOU SAVE: 62%
To celebrate the official launch of our site, we are offering a
FREE VIP Membership to everyone who registers by July 31, 1999. Become a
VIP today. Visit:
xxxx://xxxxxxxxx.xx0.xxx/xx0.xxx?XXXx000000
It's time you become a "not-so-starving" artist.
See You Soon,
The XxxxxxXxx.xxx Team
--------------------------------------------------------
*MEMBER SERVICES*
To manage you're My.YesMail membership visit xxxx://xx.xxxxxxx.xxx To
unsubscribe from the YesMail Network either send an email from xxxx@xxx.xxx to
xxxx@xx.xxxxxxx.xxx with the word "unsubscribe" in the subject line or visit
xxxx://xx.xxxxxxx.xxx/xxxx/xxxxxxxxxx.xxx?xxxxxxxxxxx@xxxxxxx.xxx Feel free to
forward this email to interested friends, family and associates.
12
13
EXHIBIT B-Communication Rules
COMPANY and YM may send email communications to COMPANY/YM Members through YM
with the exception of the following:
o Unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene
communications of any kind
o Materials which infringe or violate any third party's copyright, trademark,
trade secret, privacy or other proprietary or property right, or that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable law or regulation
o Materials that are otherwise objectionable, including without limitation,
content that contains blatant bigotry, racism, or hatred, or that promotes
illegal activities or physical harm against anyone
o Spam, chain letters, junk mail or any other type of unsolicited mass e-mail
to people or entities who have not agreed to be part of such mailings
o Viruses or other harmful, disruptive or destructive files
o Content containing nudity or pornographic material of any kind
o Multi-level marketing messages or offers.
o Announcement messages on behalf of marketers or other organizations other
than COMPANY OR YM client. (Note: Newsletters or E-Zines produced to
promote COMPANY activities that may include brief messages within the body
of the publication for the promotion of outside organizations are allowed.)
YM and COMPANY reserves the right to reject any message or communication that it
believes in any way violates these rules and others it may set forth in the
future.
13
14
EXHIBIT C - Privacy/Permission Statement
YesMail Privacy Statement
YesMail is a powerful concept. The true value of this concept, however, is your
privacy and your trust in our ability to insure your privacy, as members,
marketers, and network partners. We created the following privacy policy
guidelines with a fundamental respect for your right to privacy.
TRUSTe Licensee
xxxxxxx.xxx is a licensee of the TRUSTe Privacy Program. This statement
discloses the privacy practices for the (name of the Web site). When you visit a
Web site displaying the TRUSTe trustmark, you can expect to be notified of: What
personally identifiable information of yours is collected; What organization is
collecting the information; How the information is used; With whom the
information may be shared; What choices are available to you regarding
collection, use and distribution of the information; What kind of security
procedures are in place to protect the loss, misuse or alteration of information
under the company's control; and How you can correct any inaccuracies in the
information.
Questions regarding this statement should be directed to xxxxxxx@xxxxxxx.xxx. If
the Web site has not responded to your inquiry or your inquiry has not been
satisfactorily addressed, please contact TRUSTe
(xxxx://xxx.xxxxxx.xxx/xxxxx/xxxxxxxx.xxxx).
BBBOnline Privacy Program Participant
xxxxxxx.xxx also participates in the Council of Better Business Bureaus'
BBBOnLine Privacy Program, and comply with all the BBBOnLine Privacy standards.
Further information about this program is available at xxxx://xxx.xxxxxxxxx.xxx.
What Information is Collected
YesMail members will provide an email address and interest category selection.
At their option they may also provide additional personal, geographic and
demographic information such as zip code, gender, age, and education. YesMail
marketers and network partners will provide company information via. online
contact forms such as company name, contact person, phone, fax, email, etc.
YesMail will never knowingly collect or maintain information about anyone under
the age of 13.
Confidentiality
YesMail does not provide individually identifiable information to third parties
except as noted under "Limits of Confidentiality". YesMail uses proprietary
technologies to preserve the anonymity of members while matching their interests
with targeted information sent via email. YesMail will under no circumstance
reveal any member's identity to marketers. It is solely at a YesMail member's
discretion if he or she chooses to provide personally identifiable information
to a marketer by making a purchase, requesting additional information, or
communicating directly with the company or organization after visiting its web
site.
14
15
Contact information provided by marketers and network partners is never provided
to third parties except as noted under "Limits of Confidentiality".
Limits of Confidentiality
Due to the existing legal regulatory and security environment, we may be forced
to disclose individually identifiable information to third parties. We will use
our best efforts to limit disclosure to only these circumstances where necessary
by contract, legal process, or the technical operation of the service.
Use of Information
A YesMail member's email address will only be used by YesMail to periodically
contact that member about member-selected interests. A marketer's or network
partner's contact and company information will only be used in response to a
direct inquiry about YesMail services.
YesMail uses incoming and outgoing website traffic data to help diagnose
problems with our server and to administer our website. We also use it to gather
broad demographic information about our users in general. We may combine
demographic information supplied by a user at registration time with site usage
data to provide profiles, in aggregate form, about our users and their
preferences as it relates to the YesMail Network.
As part of providing customizable and personalized services, YesMail uses
cookies to store and sometimes track information about members. A cookie is a
small amount of data that is sent to a member's browser from a Web server and
stored on a member's computer hard drive. Areas of YesMail sites where members
are prompted to login or that are customizable require acceptance of cookies.
Cookies are also used to help us track the response to messages sent to members
on behalf of marketers so that we can report campaign results to the marketer
and track response history.
Security Technology
YesMail has made a substantial investment in the latest server, database, backup
and firewall technologies to protect the information assets of the YesMail
Network. These technologies are deployed as part of a sophisticated security
architecture and protocol. All data resides in a tightly controlled, secure data
center. These investments mean that information about the identity and
preferences of individual members is never accessible to anyone outside YesMail.
Review/Modify/Terminate Membership
YesMail members may choose at any time to review, modify or permanently remove
all contact and interest information stored by YesMail by accessing their
account directly at xxxx://xx.xxxxxxx.xxx . Once removed from the network, a
past member will no longer receive any communications from YesMail. YesMail will
never sell, rent, or otherwise use the contact information of former members.
For more information see our Terms and Conditions of service.
If you have any questions about this privacy statement, YesMail practices, or
feel that your privacy has been compromised, please contact us at
xxxxxxx@xxxxxxx.xxx.
15
16
YesMail Permission Policy
As a requirement for acceptance as a YesMail Network Partner, permission-based
email lists must strictly comply with the following Permission Quality
Standards.
Mandatory Permission Quality Standards
1) Member participation is 100% voluntary
2) Each member explicitly provides their email address to join
3) A follow-up email communication is sent to the member to verify
participation and provide the opportunity to unsubscribe
4) Member may at any time choose to discontinue their subscription and easily
unsubscribe
5) Each email communication clearly identifies the subscription source by name
YesMail Network Partners are closely monitored to insure 100% compliance with
network membership Permission Quality requirements.
16
