The Can-Spam Act of 2003
Affiliate’s Certificate of Compliance
This agreement is entered into this ______day of ______, 2009, between: ______(hereinafter called Affiliate) and Rapid Response Marketing (hereinafter called RAPID RESPONSE MARKETING). Affiliate wishes to mail on campaigns offered by RAPID RESPONSE MARKETING and wishes to be paid for the leads generated by Affiliate. RAPID RESPONSE MARKETING wishes Affiliate to generate leads, but also wishes Affiliate to certify that they are in compliance with the requirements of the Can-Spam Act of 2003. Therefore, in exchange for these and other valuable considerations:
Affiliate Hereby Certifies That with every piece of mail it sends on any RAPID RESPONSE MARKETING mailing:
1. They will not use proxies or relays to send the mail.
2. They will not falsify their headers when sending mail.
3. All registration information used by Affiliate when buying domains, or setting up e-mail accounts, or when registering for IP addresses was true and correct.
4. Their mail will contain a valid From e-mail address, registered with true and correct information.
5. No subject lines will be used that would be likely to mislead the recipient about the contents of the e-mail.
6. Every outgoing piece of mail will have a conspicuous opt-out mechanism which works for at-least 30 days after the mailing is completed.
7. They will honor all posted RAPID RESPONSE MARKETING opt-outs before mailing begins, and they will honor all Affiliate opt-outs within 10 days of request.
8. Each message will have a conspicuous identification that it is an Advertisement.
9. Every message will contain a valid physical postal address of the sender.
10. No mail will be sent to a recipient address that was obtained after December 31, 2003 using an address harvester or obtained by means of a dictionary attack. For address lists created before January 1, 2004, the Affiliate certifies that they have no actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the lists were created in this impermissible fashion.
11. No e-mail address used by the Affiliate in the performance of their lead generation was created by use of automated means to register for multiple e-mail addresses.
Affiliate recognizes compliance with these mailing requirements is necessary for every piece of mail it sends on any RAPID RESPONSE MARKETING mailing. In the event that Affiliate does not follow these agreed upon mailing practices, Affiliate agrees to indemnify and hold RAPID RESPONSE MARKETING harmless against any and all claims arising out of Affiliate’s failure to comply with the listed mailing requirements.
Agreed to this day by:
______
Affiliate RAPID RESPONSE MARKETING