SPAM POLICY
I. PREAMBLE
This Spam Policy pertains to TM Titan Media Solutions Ltd (hereinafter "CORPORATION"). CORPORATION subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. CORPORATION will not profit from, nor allow anyone else to profit from Spam. CORPORATION will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
CORPORATION will terminate its relationship with anyone violating this Spam Policy, as well as its relationship with any related persons and/or entities and forfeit to CORPORATION all unpaid commissions to any of them. Moreover, anyone violating this Spam Policy, as well as its relationship with any related persons and/or entities will be denied all future applications for affiliate status.
A. Who should read and follow this Policy:
If you have any relationship, whatsoever, to CORPORATION, you must, as a condition of a continued relationship with CORPORATION read and familiarize yourself with this Policy and follow it in its entirety.
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
1) CORPORATION d/b/a www.adultpaymaster.com which may also be referred to as "TJ Web," "COMPANY" OR "www.adultpaymaster.com" or "We, Us, or Our."
2) All Affiliates of the Website, www.adultpaymaster.com, ("SITE"), and any additional sites that CORPORATION may publish or control.
3) Any other Affiliate(s), employees, contractors, servants, or agents ("Affiliate" or "you/your"), of CORPORATION. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
C. Revisions to This Policy.
Any and all prior statements of policy relating to unsolicited email made by the Site in writing or otherwise, are hereby rescinded and replaced by this Policy.
We reserve the right to revise, amend, or modify this Policy, and any and all of our other policies and agreements at any time and in any manner. You should periodically re-visit this web page and re-read this Policy to determine if any of the terms of this Policy have changed since your last reading of it. You may check this Policy for any modifications by re-visiting this web page and using the "refresh" button on your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the "last modified" date remains unchanged after you have clicked the "refresh" button on your browser, you may presume that no changes have been made since the last reading of the Policy. A changed "last modified" dates indicates that this Policy has been updated or edited, and the updated or edited version completely and wholly supersedes any prior versions immediately upon posting, and any and all prior versions are null and void.
D. Parties to whom this Policy Strictly Applies:
This SPAM POLICY strictly applies to any and all of our Affiliates, employees, servants, or agents, all of whom agree to abide by this Policy as it has been incorporated as an integral and inseparable part of the Affiliate Agreement or other applicable agreement or contract for CORPORATION establishing the legal relationship between you and us.
If you in any way act for or in conjunction with CORPORATION, as a condition of the establishment of the legal relationship giving you authority to act in such conjunction, you should have been required to be a signatory to an Agreement governing this legal relationship that incorporates the CORPORATION'S current SPAM POLICY as an inseparable part of that Agreement.
If you have not signed such an Agreement, you are hereby notified that any relationship that you may have with CORPORATION or any of its subsidiaries or other businesses is hereby terminated and any acts you may be performing or considering the performance of are hereby prohibited until you have entered into a valid agreement with CORPORATION governing your specific status as an agent or Affiliate of the CORPORATION, and the establishment and finalization of that Agreement is acknowledged by us.
Regardless of your relationship to CORPORATION, you are hereby notified that any conduct on behalf of, benefiting, initiated by, or in any way connected to CORPORATION or any of its subsidiaries or other businesses is strictly controlled by this Policy. Any violation thereof is grounds for immediate termination of whatever relationship you may have with CORPORATION and other punitive and corrective actions that will be described in detail below. You are further notified that any further actions taken by you on behalf of CORPORATION shall constitute evidence of your assent to the terms of this SPAM POLICY.
II. Purpose of this Policy:
This Spam Policy was adopted pursuant to, and is intended to establish our full compliance with, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003," or the "CAN-SPAM Act of 2003," (hereinafter "the Act" or "the CAN-SPAM Act"), and/or any updates, regulations, or revisions to this legislation. This Policy's intent is to recognize the limitations set forth in the Act as the minimum measures that must be taken to comply with the Act, and you are specifically placed on notice that there may be procedures and practices that are legal under the Act, which are nevertheless prohibited by this Policy. By prohibiting conduct that may be legally permissible, we are demonstrating our firm commitment to the eradication of unwelcome Spam and over-compliance with any governmental initiatives enacted in furtherance of this goal.
We respect the right of consumers to control the flow of unsolicited email into their computer inboxes. We therefore strictly enforce a "No Spam" Policy. Any of our Affiliates, promoters, employees, contractors, or agents caught violating this Policy will be immediately terminated and will, forfeit all unpaid commissions, and may be reported to law enforcement authorities. Our strong preference is to avoid any promotion that relies upon unsolicited email in any form. All promotions should instead utilize verifiable, opt-in recipients and address lists. However, all email promotions are required to comply with the specifics set forth herein.
III. Types of Commercial Messages Covered by This Policy
Any form of bulk electronic message transmission, whether through email or other technological means, are considered Spam, and therefore covered by this Policy. This includes newsgroup postings, chat room messages, and other similar message delivery systems.
IV. Unsolicited Email Policy
The following requirements apply to the transmission of unsolicited email promoting, mentioning, or relating to this Site:
This is a no-spam site. Any use of email described in Part III, above, violates this Spam Policy.
VII. Prior Affirmative Consent
Please note that Affiliate's obtaining of an 'opt in' request from the recipients of bulk emails does not discharge compliance with this SPAM POLICY's requirements. No waiver from the requirements in this SPAM POLICY shall result from any such exceptions.
VIII. Indemnification
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion agree to indemnify and hold this Site harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. The Site shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
IX. Audits
You agree to cooperate in periodic audits of any promotional activity taken on behalf of the CORPORATION, upon reasonable notice. In the event we request it, you agree to make available to us, any and all promotional materials and communications used to market our Site, within the last 2 years. You further agree to provide any information relating to such promotions, including but not limited to email addresses, lists, names, times & dates of transmission, ip addresses, servers, mail systems, software devices, compliance methods, and any other such information reasonable and necessary to conduct an audit of promotional activities. Failure to cooperate in such an audit shall constitute grounds for termination of our relationship, for cause.
X. Incorporation by Reference
This Spam Policy is hereby incorporated by reference into any Affiliate Agreement in place and utilized by the Site. By continuing to avail oneself of the benefits and obligations of affiliate promotion, all Affiliates thereby acknowledge the applicability and enforceability of these provisions as part of the existing Affiliate Agreement. By continuing to perform under the Affiliate Agreement, after receipt of notice of this Spam Policy, Affiliate thereby manifests his or her assent to these terms. All remaining terms contained in the Affiliate Agreement, not inconsistent herewith, shall remain in full force and effect.
XI. Resources
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