Documents & Agreements

Last Modified: Jan 28th, 2023

1. EENT, Inc. maintains a zero-tolerance policy for using its Affiliate Program to transmit, distribute, or deliver any bulk email, including unsolicited bulk or unsolicited commercial email, or send, assist, or commission the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 or state law (“SPAM”).

   You are required to ensure that email sent by or for you in connection with the Affiliate Program does not violate this law. We assume SPAM complaints are valid unless we are provided with credible evidence to the contrary. To avoid action under our Program Websites’ Terms of Service (“TOS”) and Affiliate Agreement, familiarize yourself with the CAN-SPAM Act by reviewing http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.

2. You must not send SPAM in connection with the Affiliate Program. In addition, email sent, or caused to be sent, about our Affiliate Program, website, or EENT’s Products and Services must not:

   1. Use or contain invalid or forged headers
   2. Use or contain invalid or nonexistent domain names
   3. Employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path
   4. Use other means of deceptive addressing
   5. Use another person’s Internet domain name, or be relayed from or through a nonparty’s equipment, without permission of that nonparty
   6. Contain false or misleading information in the subject line or otherwise contain false or misleading content
   7. Does not comply with additional technical standards described below.
   8. Otherwise violates the TOS or other terms.
3. EENT does not authorize the harvesting, mining, or collecting of email addresses or other information from or through its Affiliate Program. EENT does not permit or authorize others to use its Affiliate Program to collect, compile, or obtain any information about its customers or users, including but not limited to customer email addresses, which are EENT’s confidential and proprietary information. Using our Affiliate Program is also subject to our Affiliate Agreement, TOS, and other terms.
4. For all email campaigns, Affiliate must first obtain a “Suppression List” from EENT. The Suppression List constitutes Confidential Information and shall not be used by Affiliate for any purpose other than to comply with laws regulating email transmissions. Affiliate must filter Affiliate’s email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on Affiliate’s email list. EENT regularly updates the Suppression List. Affiliate must obtain the updated Suppression List and filter Affiliate’s email list before sending an email containing the Links. EENT will provide an opt-out method in all Promotional Links, but if any opt-out requests come directly to Affiliate, Affiliate must immediately forward them to EENT at privacy@eent.com. Affiliate’s emails containing the Links must not include any content other than the Links, except as required by law, and must comply with paragraph 2.
5. Affiliate’s failure to obtain the Suppression List and remove all emails from the database may result in payout withholdings, removal or suspension from the Affiliate Program, legal action, and any other rights or remedies available to EENT under the Affiliate Agreement, TOS, or otherwise.
6. Affiliate must not use the Suppression List for any purpose other than to comply with laws regulating email transmissions. Affiliate must not send emails containing the Links or otherwise market the Links to addresses included in the Suppression List. Affiliate acknowledges that doing so might result in payout withholdings, removal or suspension from the Affiliate Program, legal action, and any other legal rights or remedies available to EENT under the Affiliate Agreement, TOS, or otherwise.
7. Emails may only be delivered to permission-based email addresses that have been/will be obtained/maintained in conformity with all laws, rules, and regulations.
8. Affiliates must possess the consent of the recipient to send commercial email. “Consent” means affirmative consent or consent granted through a posted privacy policy on the collection URL notifying the recipient of the use of his or her email address for commercial marketing and the recipient has not withdrawn permission to send commercial email marketing.
9. Affiliate must maintain records evidencing that consent for not less than three years from the last date that consent was relied on, including: (1) the recipient’s opt-in date/time; (2) the registration source; (3) the recipient’s first and last name; (4) the recipient’s mailing address (if collected); (5) the recipient’s email address; (6) the posted privacy policy of the source website at the time recipient’s data was collected (if collected); (7) the recipient’s IP address; and (8) any other information collected.
10. All emails, email-based creatives transmitted, and all email addresses supplied by Affiliate must: (1) comply with all international, federal, and state laws including, but not limited to, CAN-SPAM, California Business & Professions Code § 17529, CASL, and all implementing regulations; (2) not infringe, misappropriate, or otherwise violate any copyright, patent, trademark, trade secret, or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity; (3) not result in any consumer fraud, product liability, or breach of contract to which Affiliate is a party or cause injury to any nonparty; and (4) have accurate email header information as set out in paragraph 2 (including source, destination, date and time, and routing information) and accurate, non-misleading subject lines and from lines.
11. Without limiting the preceding, emails must not use a generic “From” line or a domain name that is privacy protected, unregistered, falsely registered, or that does not enable a recipient to contact the sender by performing a WHOIS look-up.
12. Affiliate must cause a valid physical postal address for Affiliate, as required by law, to appear in each email creative, along with a functioning unsubscribe link (that unsubscribe link must remain active for at least 30 days after email delivery).
13. Affiliate must have active filters in place to prevent communications from being sent to any entity or person to which it is not allowed to do so in accordance with legislation, which might include, at a minimum: (1) email filters (i.e. rejection of email addresses with specific extensions); (2) zip code filters (rejection of specific zip codes); (3) area code filters (rejection of specific area codes); and (4) IP filters (rejection of specific IP addresses). EENT may add those address(es) if Affiliate does not include them, but EENT is in no way responsible for including those address(es) where Affiliate does not do so.
14. All Affiliate emails sent in connection with the Affiliate Program must be delivered to addresses on email lists owned or managed solely by Affiliate (“Affiliate Email Lists”). Brokering third-party deals to deliver creatives without disclosing that to EENT is prohibited and grounds for immediate termination and other legal remedies.
15. Affiliate must maintain at all times during Affiliate’s participation in the Affiliate Program, and for a period of at least three years afterwards, complete and accurate subscriber signup/registration data for every subscriber to the Affiliate Email List. Within 24 hours of EENT’s request, Affiliate shall provide, at a minimum, the following subscriber signup/registration data for any email address that Affiliate sends an email to containing a Link: (1) the subscriber’s opt-in date/time; (2) the subscription source; (3) the subscriber’s first and last name; (4) the subscriber’s mailing address (if collected); (5) the subscriber’s email address used to signup/register for the Affiliate Email List; (6) the posted privacy policy of the source website at the time subscriber’s data was collected (if collected); (7) the subscriber’s IP address; and (8) any other information collected. EENT may consider the lack of that proof of explicit affirmative permission of a questionable mailing.
16. All Affiliate Email Lists MUST comply with all guidelines set out by the United States government. These can be found at: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
17. EENT recommends that any Affiliate Email List used by you be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will.
18. You must not use any mailing list that you were given or purchased. If you do, this will also be considered SPAM and might result in termination from the Affiliate Program.
19. Affiliates suspected of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible evidence to the contrary. Any unsolicited email being sent will result in suspension or termination of the offending Affiliate. We take a zero-tolerance stance against sending of unsolicited email and other forms of SPAM.
20. It is a violation of this policy to commission a nonparty to send email that is in violation of this policy or of law. Email not in compliance with this policy—regardless of source—that contains any reference to EENT’s Products and Services or contains any Link is prohibited.
21. EENT may immediately suspend, terminate, or cancel any account of any Affiliate that it determines is transmitting or is otherwise connected with any email that violates this policy.
22. EENT may suspend, terminate, or cancel permanently any Affiliate without notice. Besides all other rights under this policy or otherwise, if an Affiliate is in violation of this policy, the Affiliate Agreement, or the TOS, EENT may charge that customer an administrative fee equal to US$100 for each piece of SPAM sent.
23. To report SPAM, please send an email to abuse@eent.com.
24. Failure to enforce this policy in every instance does not constitute a waiver of EENT’s rights.
25. Transmitting email in violation of this policy might result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030, et seq.) and other state and federal laws.