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General
Terms
1. Copy Delivery &
Approval
Copy
Delivery and Approval.
Advertiser must deliver
to The Right List the content
of the advertisement
Advertiser is
contracting The Right
List to broadcast (the
"Copy") no less than
three (3) days prior to
the desired email
broadcast date. All Copy
shall be subject to The
Right List’s approval.
The Right List reserves
the right to reject any
Copy that advertises or
promotes any product or
service involving
illegal activity,
illegal products,
illegal product
paraphernalia, sexual
paraphernalia, adult
films or other media,
gambling, weapons,
illicit activities,
chain letters, pyramid
fund raising, or similar
types of material. By
reserving this right,
The Right List shall not
be legally obligated for
any failure to advise
Advertiser of the nature
of any such Copy.
Further, no Pop Up or
Pop Under may be
launched by Advertiser
form any hypertext link
or URL, which emanates
from any Copy.
2.
Details of Broadcast
The email
messages broadcast by
The Right List shall
identify the source of
the recipient’s data
collection and shall
contain an opt-out
feature that allows the
recipient to
electronically
communicate his desire
to be removed from the
The Right List (or
affiliate) database.
Under no circumstances can any contract be altered by any
other party that is not the Right List LLC. All altered
contracts will default to the original contract unless
signed by both parties..
3. Hardware, Software
and Database
The Right List shall
obtain and maintain the
computer hardware and
software necessary to
perform its obligations
under these Terms and
Conditions. Such
hardware and software
shall not be dedicated
hardware or software.
Nothing in these Terms
and Conditions shall
grant any right, title
or interest in or to The
Right List (or
affiliate) database,
hardware or software.
4. Payment
Advertiser shall pay
in full the fees charged
by The Right List in the
invoice. If Advertiser
fails to pay the full
amount of the charges
detailed in any The
Right List invoice
within thirty (30) days
of such invoice, the
unpaid amounts of such
invoice shall accrue
interest at a rate of
18% per annum.
Additionally, Advertiser
agrees to pay all of The
Right List cost of
collection of such
charges, including
without limitation The
Right List reasonable
attorneys’ fees.
5. Late
Fees
In
addition to the terms
described in Section 4,
if Advertiser fails to
pay the full amount of
the charges detailed in
any The Right List
invoice within thirty
(30) days of such
invoice, Advertiser
shall pay The Right List
a Late Fee in the amount
of 5% of the charges
detailed in such The
Right List invoice.
6. Indemnification
Advertiser shall
indemnify, defend and
hold harmless The Right
List against all third
party claims, actions
and liabilities
(including all
reasonable costs,
expenses and attorneys’
fees) arising from or in
connection with (a)
Advertiser’s product(s),
services or the content
of the Advertiser’s
copy, including without
limitation any claim
alleging any violation
of any third party’s
intellectual property
rights; or (b)
Advertiser’s breach of
any of its obligations,
representations or
warranties under these
Terms and Conditions.
The Right List shall
promptly notify
Advertiser in writing of
all such claims and
shall accommodate
Advertiser’s reasonable
requests for cooperation
and information. The
Right List uses a
variety of data sources
to fulfill email
campaigns.
7. WARRANTIES
THE RIGHT LIST MAKES
NO WARRANTY WHATSOEVER
AS TO THE EMAIL
ADVERTISEMENTS, EXPRESS
OR IMPLIED. THIRD
PARTIES PROVIDE THE
EMAIL ADVERTISEMENTS ON
AN “AS IS” BASIS. THE
RIGHT LIST EXPRESSLY
DISCLAIMS ANY WARRANTIES
THAT COULD BE IMPLIED IN
CONTRACT, IN LAW OR IN
EQUITY, INCLUDING
WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, QUALITY,
ACCURACY, COMPLETENESS,
RELIABILITY OR
PERFORMANCE OR ARISING
FROM USAGE OF TRADE,
COURSE OF DEALING OR
COURSE OF PERFORMANCE.
THE RIGHT LIST LLC. DOES NOT NOR WILL THEY EVER GUARANTEE
CONVERSIONS.
8. LIMITATION OF
LIABILITY
IN NO EVENT SHALL
THE RIGHT LIST BE LIABLE
FOR INDIRECT, SPECIAL,
EXEMPLARY,
CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE
LOSS, DAMAGE OR EXPENSE
(INCLUDING LOST
PROFITS). THE LIMIT OF
THE RIGHT LISTS’
LIABILITY (WHETHER IN
CONTRACT, TORT,
NEGLIGENCE, STRICT
LIABILITY IN TORT OR BY
STATUTE OR OTHERWISE)
FOR ANY AND ALL CLAIMS
RELATED TO THESE TERMS
AND CONDITIONS SHALL NOT
IN THE AGGREGATE EXCEED
THE FEES PAID TO THE
RIGHT LIST UNDER THE
INVOICE.
9. Force Majeure
Neither party shall
be liable for delays or
nonperformance of these
Terms and Conditions
caused by strike, fire
or accidents, nor shall
either party be liable
for delay or
nonperformance caused by
lack of availability of
materials, fuel or
utilities or for any
other cause beyond its
control.
10.
Assignment
Neither
party may assign its
rights or obligations
under these Terms and
Conditions without the
prior written consent of
the other party.
11. Relationship of the
Parties
The parties are
independent contracting
entities, and there is
no partnership or agency
relationship between
them.
12. Entire Agreement
Except as modified
or supplemented by a
writing executed by both
parties, the Terms and
Conditions described
herein and in the
attached invoice,
incorporated by
reference herein, are
the only
representations,
warranties, and
understandings between
the parties with respect
to the products and/or
services described
herein.
13. Disputes
Each party hereby
waives any right to a
trial by jury in the
event of any controversy
or claim relating to
these Terms and
Conditions. The law of
the State of Florida
shall apply to any
resulting claim or
action, and the
exclusive jurisdiction
and venue for any
proceeding brought
pursuant to these Terms
and Conditions shall be
Broward County, Florida.
14. Severability
Should any
provisions of these
Terms and Conditions be
found invalid or
unenforceable, all such
provisions are to be
enforced to the maximum
extent permitted by law,
and beyond such extent
shall be deemed severed
from these Terms and
Conditions without
affecting the validity
or enforceability of any
other provision.
15. Headings
The headings of
these Terms and
Conditions are for
convenience only and
shall not be used to
construe the meaning of
this Agreement.
CPM Terms
1.
Definitions.
(a)
“Acquisition” has the
meaning set forth on the
Invoice.
(b)
“Agreement” shall mean
these Terms and
Conditions together with
the Invoice.
(c)
“Client” has the meaning
set forth on the
Invoice.
(d)
“Client Website” means
the Internet page at the
URL provided by Client
to The Right List
for inclusion in the
Copy.
(e)
“Confidential
Information” means any
non-public information
provided by one party to
the other during the
Term. For purposes of
this Agreement,
Confidential Information
shall not include
information the
receiving party can
document: (i) was or has
become readily available
to the public without
restriction through no
fault of the receiving
party, its employees, or
its agents; (ii) was
received without
restriction from a third
party lawfully entitled
to possess and disclose
such information; (iii)
was rightfully in
possession of the
receiving party without
restriction prior to the
other party’s disclosure
of such information to
the receiving party; or
(iv) was disclosed
pursuant to the written
consent of the other
party.
(f) “Copy”
means the content of the
advertisement that
Client provides to The
Right List for email
broadcast hereunder.
(g) “CPM” means Cost per
Thousand e-mails sent.
(H) “Invoice”
means The Right List
invoice signed by
Client, and specifically
incorporating these
Terms and Conditions
therein.
(i) “Opt-In
Email Recipient” means a
person that has
consented to receive
promotional information
about products and
services via e-mail by
subscribing at The Right
List affiliate Internet
website.
(k) “Privacy
Header” means a notice
to recipients of the
Copy that informs the
recipient: (i) of the
location of such
recipient’s subscription
to The Right List
affiliate’s opt-in
database; and (ii) of an
electronic method by
which such recipient can
unsubscribe from future
broadcasts. The Privacy
Header shall also
include a mechanism by
which recipients may
electronically
communicate to The Right
List the desire to
unsubscribe.
2. Term.
This Agreement shall
become effective on the
date that Client signs
the Invoice and, unless
otherwise stated on the
Invoice, shall continue
in effect for six (6)
months.
3. Copy Delivery and
Approval.
Copy Delivery and
Approval. Advertiser
must deliver to The
Right List the content
of the advertisement.
Advertiser is
contracting The Right
List to broadcast (the
"Copy") no less than
three (3) days prior to
the desired email
broadcast date. All Copy
shall be subject to The
Right List approval. The
Right List reserves the
right to reject any Copy
that advertises or
promotes any product or
service involving
illegal activity,
illegal products,
illegal product
paraphernalia, sexual
paraphernalia, adult
films or other media,
gambling, weapons,
illicit activities,
chain letters, pyramid
fund raising, or similar
types of material. By
reserving this right,
The Right List shall not
be legally obligated for
any failure to advise
Advertiser of the nature
of any such Copy.
Further, no Pop Up or
Pop Under may be
launched by Advertiser
form any hypertext link
or URL, which emanates
from any Copy.
4. Fulfillment.
The Right List shall
deliver an e-mail
message to Opt-In Email
Recipients on behalf of
Client. Such e-mail
message shall contain
the Copy, including a
tracking URL that links
to the Client Website,
and a Privacy Header.
The Right List shall
remove recipients that
have communicated a
desire to unsubscribe
from The Right List’s
database of Opt-In Email
Recipients. Except as
otherwise expressly
provided in the Invoice,
the timing and frequency
of the Client
broadcasts, as well as
the number and selection
of the Opt-In Email
Recipients that will
receive such broadcasts,
shall be at sole
discretion of The Right
List.
5. Tracking and
Reporting.
Except as otherwise
expressly provided in
the Invoice, Client
shall provide to The
Right List a monthly
report, certified by
signature of an officer
of Client, detailing the
number of Acquisitions.
Client shall keep, in
its usual place of
business, books of
accounts and other
documents relating to
its receipt and
fulfillment of
Acquisitions that may be
necessary or proper to
conveniently ascertain
the amounts payable to
The Right List under the
terms of this
Agreement. Client shall
permit a The Right List
authorized
representative to
inspect such books of
accounts and other
documents during regular
business hours upon ten
(10) days’ notice from
The Right List. Such
inspection shall be at
The Right List’s sole
expense, unless the
inspection reveals that
the amounts due The
Right List exceed the
amounts actually
reported as due by
Client (“Discrepancy”)
by five percent (5%) or
more, in which case
Client shall pay to The
Right List the costs of
the inspection revealing
the Discrepancy. For
any Discrepancy, Client
shall pay to The Right
List the full amount of
the underpayment,
together with interest
thereon at the rate of
eighteen percent (18%)
per annum.
6. Unjust
Enrichment; Liquidated
Damages.
Client agrees that it
shall seek to benefit
from the Client
broadcast only: (a) to
increase exposure of the
Client Website, the
products and/or services
advertised in the Copy,
and Client’s marks; and
(b) to generate
Acquisitions.
Accordingly, Client
warrants that during the
Term of this Agreement,
the Client Website shall
not contain popup
windows, banner or other
advertisements,
sweepstakes registration
boxes, newsletter
subscription boxes,
phone numbers,
hyperlink(s) to a web
page containing any of
the foregoing, or any
other method of
gathering e-mail
addresses or generating
sales (that do not
qualify as Acquisitions
hereunder) from
recipients of the Client
broadcast. Client
agrees that should
Client breach this
warranty, The Right List
may, in its sole
discretion, impose
liquidated damages on
Client in the amount of
twenty-four cents
($.24), or if less, The
Right List’s then
current undiscounted CPM
broadcast rate for each
Opt-In Email Recipient
to which The Right List
broadcasts under this
Agreement. Such
liquidated damages shall
be instead of any fees
payable under this
Agreement.
7. Maintenance of the
Client Website.
Client shall make a good
faith effort to ensure
the Client Website
remains fully
operational and
accessible to recipients
of the Client broadcasts
during the Term of this
Agreement. Further,
during the Term of this
Agreement, Client shall
make no changes to the
Client Website or to the
products and services
offered on the Client
Website that would
likely result in a
reduction of
compensation payable to
The Right List hereunder
without The Right List’s
express prior written
consent.
8. Hardware, Software,
and Database.
The Right List shall
obtain and maintain the
computer hardware and
software necessary to
perform its obligations
under this Agreement.
Such hardware and
software will not be
dedicated hardware and
software. Nothing in
this Agreement shall
grant to Client any
right, title, or
interest in or to The
Right List hardware,
software, or Opt-In
Email Recipient
database.
9. Payment.
Client shall pay to The
Right List a fee as set
forth in the Invoice.
Unless otherwise
specified in the
Invoice, Client shall
pay each invoice in full
within thirty (30) days
of receipt. If Client
fails to timely pay the
full amount of the
charges detailed in any
of The Right List
invoices as set forth
herein, Client agrees to
pay all of The Right
List costs of collection
of such charges,
including without
limitation The Right
List reasonable
attorneys’ fees, and
Client agrees to pay
interest on the amount
of
underpayment/nonpayment
at the rate of eighteen
percent (18%) per annum.
10. Indemnification by
Client.
Client shall indemnify,
defend, and hold
harmless The Right List
from and against any and
all third party claims,
suits, and liabilities
(including all
reasonable costs,
expenses, and attorneys’
fees actually paid)
arising from or in
connection with: (a) the
products and/or services
offered/advertised on
the Client Website; (b)
the content of the Copy;
(c) the content of the
Client website; or (d)
Client’s breach of any
of its obligations,
representations, or
warranties under this
Agreement. The Right
List shall promptly
notify Client in writing
of all such claims and
shall accommodate
Client’s reasonable
requests for cooperation
and information. The
Right List shall agree
to Client’s sole control
over the defense and any
settlement of such
claims.
11. Indemnification by
The Right List.
Except for claims
indemnified by Client
pursuant to Section 10
above, The Right List
shall indemnify, defend,
and hold harmless Client
from and against any and
all third party claims,
suits, or liabilities
(including all
reasonable costs,
expenses, and attorneys’
fees actually paid)
arising from or in
connection with: (a) The
Right List’s fulfillment
of the Client
broadcasts; or (b) The
Right List breach of any
of its obligations,
representations, or
warranties under this
Agreement. Client shall
promptly notify The
Right List in writing of
all such claims and
shall accommodate The
Right List reasonable
requests for cooperation
and information. Client
shall agree to The Right
List’s sole control over
the defense and any
settlement of such
claims.
12. No Other Warranties.
EXCEPT AS EXPRESSLY
PROVIDED IN THIS
AGREEMENT, THE RIGHT
LIST MAKES NO WARRANTY
WHATSOEVER, EXPRESS OR
IMPLIED, AS TO THE EMAIL
BROADCASTS. THE RIGHT
LIST DISCLAIMS ANY
WARRANTIES THAT COULD BE
IMPLIED IN CONTRACT, IN
LAW, OR IN EQUITY,
INCLUDING WITHOUT
LIMITATION, ANY IMPLIED
WARRANTY OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, QUALITY,
ACCURACY, COMPLETENESS,
RELIABILITY, OR
PERFORMANCE, OR ARISING
FROM USAGE OF TRADE,
COURSE OF DEALING, OR
COURSE OF PERFORMANCE.
13. Limitation of
Liability.
IN NO EVENT SHALL EITHER
PARTY BE LIABLE FOR
INDIRECT, SPECIAL,
EXEMPLARY,
CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE
LOSS, DAMAGE, OR EXPENSE
(INCLUDING LOST
PROFITS), EVEN IF SUCH
PARTY HAS BEEN ADVISED
OF THE POSSIBILITY
THEREOF. EXCEPT FOR
LIQUIDATED DAMAGES UNDER
SECTION 6 AND INTEREST
OR COLLECTION COSTS
UNDER SECTION 9 OF THESE
TERMS AND CONDITIONS,
THE LIMIT OF EITHER
PARTY’S LIABILITY
(WHETHER IN CONTRACT,
TORT, OR OTHERWISE) FOR
ANY AND ALL CLAIMS
RELATED TO THIS
AGREEMENT SHALL NOT IN
THE AGGREGATE EXCEED THE
FEES PAYABLE TO THE
RIGHT LIST UNDER THIS
AGREEMENT.
14. Force
Majeure.
Neither party shall be
liable for delays or
nonperformance of this
Agreement if such delay
or nonperformance was
caused by: (a) act of
God, act of war, strike,
fire, natural disaster,
or accident; (b) lack of
availability of
materials, fuel, or
utilities; or (c) any
other cause beyond such
party’s control.
15. Assignment.
Neither party may assign
its rights or
obligations under this
Agreement without the
prior written consent of
the other party.
16. Relation of the
Parties.
The parties are
independent
contractors. There is
no partnership, agency,
or joint venture
relationship between
them.
17. Confidentiality.
For a period of three
(3) years, beginning on
the date client signs
the Invoice, each party
will keep strictly
confidential all
Confidential Information
disclosed by the other
party, except to the
extent an applicable
governmental law, order,
decree, regulation,
rule, or process
requires disclosure. In
the event of such
required disclosure, the
receiving party shall
provide written notice
thereof to the
disclosing party as soon
as reasonably possible,
and shall reasonably
cooperate with the
disclosing party in
resisting the disclosure
of or obtaining
confidential treatment
for such Confidential
Information.
18. Applicable Law,
Jurisdiction, and Venue.
This Agreement shall be
governed by and
construed in accordance
with the laws of the
State of Florida,
without reference to
principles of conflict
of laws. The exclusive
jurisdiction and venue
for any proceeding
brought pursuant to this
Agreement shall be
Broward County, Florida.
19. Entire Agreement.
Except as expressly
modified or supplemented
by a writing executed by
both parties on or after
Client signs the
Invoice, the provisions
of these Terms and
Conditions and the
Invoice are the only
representations,
warranties, and
understandings between
the parties with respect
to the products and/or
services described in
this Agreement. The
waiver of any breach or
default will not
constitute a waiver of
any other right or of
any subsequent breach or
default.
20. Severability.
Should any provision of
this Agreement be found
invalid or
unenforceable, all such
provisions are to be
enforced to the maximum
extent permitted by law,
and beyond such extent
shall be deemed severed
from this Agreement
without affecting the
validity or
enforceability of any
other provision.
21. Headings.
The headings and
captions in these Terms
and Conditions are for
convenience only and are
not to be used to
construe the meaning of
the provisions of these
Terms and Conditions.
E-mail
Append Terms
1.Append
Services
Within three (3) days of
executing the The Right
List invoice
(hereinafter the
“Invoice”), by reference
herein, Client shall
deliver to The Right
List the Customer
Database, defined as a
compilation of records,
each consisting of the
first and last name and
full physical address of
a customer of Client.
The Right List shall
provide an email
address, when available,
matching each
corresponding record,
and shall return the
Customer Database to
Client in a commercially
expeditious manner, or
as otherwise specified
in the Invoice. The
Right List shall not
transfer the Customer
Database to any third
party, nor use
the Customer Database,
for any purpose other
than as provided in
these Terms and
Conditions or the
Invoice.
2. Payment
Client shall pay in full
the fees set forth in
the Invoice. Such fees
shall be calculated by
multiplying the
indicated rate by the
number of email
addresses The Right List
matches and appends to
the Customer Database.
If Client fails to pay
the full amount of the
charges detailed in any
Invoice by the earlier
of fifteen (15) days
after receipt of such
Invoice or the time
specified on the
Invoice, the unpaid
amounts of such Invoice
shall accrue interest at
a rate of 18% per annum
or, if less, the maximum
permitted by law.
Additionally, Client
agrees to pay all of The
Right List’s cost of
collection of such
charges, including
without limitation The
Right List’s reasonable
attorneys’ fees.
3. Late Fees
In addition to the terms
described in Section 2,
above, if Client fails
to pay the full amount
of the charges detailed
in any Invoice within
fifteen (15) days of
receipt of such Invoice,
Client shall pay The
Right List a Late Fee in
the amount of 5% of the
charges detailed in such
Invoice.
4. Indemnification
a.
By Client – Client shall
indemnify, defend, and
hold harmless The Right
List against all third
party claims, actions,
and liabilities
(including all
reasonable costs,
expenses, and attorneys’
fees) arising from or in
connection with: (i)
Client’s sale or resale
of, promotion of, or
misrepresentation about
the Client Database;
(ii) Client’s breach of
any of its obligations,
representations, or
warranties under these
Terms and Conditions
(including those set
forth in the Invoice);
and (iii) any allegation
that the Customer
Database and/or any
communication with the
Customer Database
violates any third
party’s Intellectual
Property Rights or
privacy rights. The
Right List shall
promptly notify Client
in writing of all such
claims and shall
accommodate Client’s
reasonable requests for
cooperation and
information.
b.
By The Right List – The
Right List shall
indemnify, defend, and
hold harmless Client
against all third party
claims, actions, and
liabilities (including
all reasonable costs,
expenses, and attorneys’
fees) arising from or in
connection with: (i) The
Right List’s misuse of
the Client Database in
violation of these Terms
and Conditions; and (ii)
The Right List breach of
any of its obligations,
representations, or
warranties under these
Terms and Conditions.
Client shall promptly
notify The Right List
("in writing of all such
claims and shall
accommodate The Right
List reasonable requests
for cooperation and
information.
5. WARRANTIES
THE RIGHT LIST MAKES NO
WARRANTY WHATSOEVER AS
TO THE EMAIL ADDRESSES,
EXPRESS OR IMPLIED. THE
RIGHT LIST EXPRESSLY
DISCLAIMS ANY AND ALL
WARRANTIES THAT COULD BE
IMPLIED IN CONTRACT, IN
LAW OR IN EQUITY,
INCLUDING WITHOUT
LIMITATION ANY IMPLIED
WARRANTY OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, QUALITY,
ACCURACY, COMPLETENESS,
RELIABILITY, OR
PERFORMANCE OR ARISING
FROM USAGE OF TRADE,
COURSE OF DEALING, OR
COURSE OF PERFORMANCE.
6. LIMITATION OF
LIABILITY
IN NO EVENT SHALL THE
RIGHT LIST BE LIABLE FOR
INDIRECT, SPECIAL,
EXEMPLARY,
CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE
LOSS, DAMAGE, OR EXPENSE
(INCLUDING LOST
PROFITS). THE LIMIT OF
THE RIGHT LIST’S
LIABILITY (WHETHER IN
CONTRACT, TORT,
NEGLIGENCE, STRICT
LIABILITY IN TORT OR BY
STATUTE, OR OTHERWISE)
FOR ANY AND ALL CLAIMS
RELATED TO THESE TERMS
AND CONDITIONS OR THE
INVOICE SHALL NOT IN THE
AGGREGATE EXCEED THE
FEES PAID TO THE RIGHT
LIST UNDER THE INVOICE.
7. Force
Majeure
Neither party shall be
liable for delays or
nonperformance of these
Terms and Conditions, or
the accompanying
Invoice, caused by
strike, fire, or
accidents, nor shall
either party be liable
for delay or
nonperformance caused by
lack of availability of
materials, fuel, or
utilities or for any
other cause beyond its
control.
8. Assignment
Neither party may assign
its rights or
obligations under these
Terms and Conditions
without the prior
written consent of the
other party.
9. Relationship of the
Parties
The parties are
independent contracting
entities, and there is
no employment,
partnership, or agency
relationship between
them.
10. Entire Agreement
Except as modified or
supplemented by a
writing executed by both
parties, the Terms and
Conditions described
herein and in the
Invoice are the only
representations,
warranties, and
understandings between
the parties with respect
to the products and/or
services described
herein. In the event of
any conflict between
these Terms and
Conditions and any other
document (including,
without limitation, the
Invoice and any Client
invoice, insertion
order, or purchase
order), the provisions
of these Terms and
Conditions shall govern.
11. Disputes
Each party hereby waives
any right to a trial by
jury in the event of any
controversy or claim
relating to these Terms
and Conditions. The law
of the State of Florida
shall apply to any
resulting claim or
action, and the
exclusive jurisdiction
and venue for any
proceeding brought
pursuant to these Terms
and Conditions shall be
Broward County, Florida.
12. Severability
Should any provisions of
these Terms and
Conditions be found
invalid or
unenforceable, all such
provisions are to be
enforced to the maximum
extent permitted by law,
and beyond such extent
shall be deemed severed
from these Terms and
Conditions without
affecting the validity
or enforceability of any
other provision.
13.
Headings
The headings of these
Terms and Conditions are
for convenience only and
shall not be used to
construe the meaning of
this Agreement.
E-mail
Campaign Creative
Guidelines and
Procedures
1. Text
version of the campaign
- should be in an ASCII
text format (.txt).
2. HTML version of the
campaign - should be in
a HTML format *.html or
*.htm.
(we do not accept
HTML files created in
MS-Word)
3. If the HTML has an
images in it, then all
images must be in the
email with the text &
HTML files.
4. Approval test will be
sent within 24hrs after
we receive complete
creative.
5. Live Broadcast will
be sent within 24hrs
after test is approved
by client.
6. Email creative weight
should not exceed 50kb
7. Creative Images are
to be provided as GIF /
JPG or PSD formats
Copy Approval
Advertiser must deliver
to The Right List the
content of the
advertisement Advertiser
is contracting The Right
List to broadcast (the
“Copy”) no less than
three (3) days prior to
the desired email
broadcast date. All Copy
shall be subject to The
Right List’s approval.
The Right List reserves
the right to reject any
Copy that advertises or
promotes any product or
service involving
illegal activity,
illegal products,
illegal product
paraphernalia, sexual
paraphernalia, adult
films or other media,
gambling, weapons,
illicit activities,
chain letters, pyramid
fund raising, or similar
types of material. By
reserving this right,
The Right List shall not
be legally obligated for
any failure to advise
Advertiser of the nature
of any such Copy.
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