Permission-Based Email Marketing
Our terms and conditions are designed to encourage better service and compliance with anti-spam regulations. By using Monster Mail as a permission-based email marketing tool, you are agreeing to the following conditions, and as such, we recommend familiarizing yourself with the following documents.Trial Terms
You may use the services for free through a limited time trial account. Trial accounts are limited to those numbers of subscribers and email messages and for that period of time as are set forth on the landing page through which you subscribe to use the services. Every message is subject to manual message review during the trial period. Messages may be delayed as a result. You may upgrade your account at any time. If you have not upgraded your account by the end of your trial period, you may log in and manage your lists, but you will not be able to send messages. Monster Mail has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.Anti-Spam
Monster Mail only supports permission-based emails and has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages. Read MorePrivacy Policy
Our Privacy Policy demonstrates our firm’s commitment to your privacy and the protection of your information. Read MoreRefund Policy
Our Refund Policy demonstrates our firm’s but fair policy for providing you with a refund, when you are within the refund period. Read MoreSafe Harbor
Monster Mail complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, as set forth by the U.S. Department of Commerce, with respect to the personal data it receives from countries in the European Economic Area and Switzerland. We have certified our adherence to these Safe Harbor Principles. Read MoreEnd User Service Agreement
An End User Service Agreement (EUSA) is a legal contract between Monster Mail LLC and the end user, you, our customer. The EUSA details how the Software as a Service can and cannot be used and any restrictions Monster Mail LLC imposes. Read MoreProhibited Content and Commerce
Monster Mail prohibits the use of its software for many types of commercial activities including pornography, hate speech and illegal products or services. Read MoreTermination Policy
At any time, for any reason, either party may cancel a user’s Monster Mail account. To learn more about our cancellation policies, or how to cancel your account, please read our Cancellation Policy. Read MoreAffiliate Agreement
Monster Mail is the licensed provider of Monster Mail email marketing and list management software (the “Software”). Affiliate wishes to promote the Software via a landing page pursuant to the terms and conditions set forth herein. Read MoreCopyright
Monster Mail respects the intellectual property rights of others, and Monster Mail requires its customers and those that visit its website(s) to do the same. Read MorePrivacy Policy
Effective Date: November 1, 2013Monster Mail Privacy Policy
This “Privacy Policy” is incorporated by reference in Monster Mail LLC’s End User Service Agreement (“EUSA”) and its Terms of Use, posted at www.MonsterMail.com. We have created this Privacy Policy to reflect our firm commitment to your privacy and the protection of your personal information. This Privacy Policy applies to information that we collect and maintain about you when you visit www.monstermail.com (“Site”) and when you use our services, as well as information collected from other sources, such as information you provide at tradeshows or seminars or to our business partners.- What types of data do we collect?
- How do we use the data we collect?
- How do we disclose the data we collect?
- Why do you receive marketing communications?
- How can you stop receiving marketing communications?
- What about public forums?
- How do we secure the data we collect?
- What about third-party websites?
- How do we use cookies and other tracking technologies?
- What about third-party ad networks?
- How can I access my information?
- How do you submit a question or complaint?
- How will we notify you of Privacy Policy changes?
What Type of Data Do We Collect?
Generally, we collect or maintain the following categories of data:- Customer Registration Data: when a customer, whether an individual or an entity, activates our services, creates an account at the Site or registers at an event we collect account information from that customer, which we refer to in this Policy as “Customer Registration Data.” The Customer Registration Data we collect includes individual or contact name, company name, e-mail address, phone number and other contact information, as well as information about services requested and payment information, such as credit card number, expiration date and billing address. We also assign customers a unique username and password to access their account information through the Site;
- Customer Message Recipient Data: we also maintain data that has been provided to us or uploaded to the Site by our customers, which we refer to in this Policy as “Customer Message Recipient Data.” Typically, Customer Message Recipient Data relates to individuals or entities who have opted in to receive email messages or other types of communications from our customers, and may include name, e-mail address, contact information, and other information. Under our Anti-Spam Policy, customers must obtain a recipient’s consent prior to sending the recipient an e-mail through our service. For more information, please see the section below entitled “Why Do You Receive Marketing Communications.” We only use Customer Message Recipient Data on behalf of and under the instructions of our Customers. We do not use Customer Message Recipient Data for our own marketing purposes;
- Site Data: we use cookies, web beacons, and other automated devices to automatically collect information about visitors to our Site and users of our services, which we refer to in this Policy as “Site Data.” The Site Data we collect includes browser type, operating system and IP address, as well as information of the web pages viewed and links clicked by visitors and/or customers. We may combine Site Data with other data we have collected from users, such as Customer Registration Data; and
- Other Data: We may also collect information about customers or potential customers from our affiliates, from third parties, such as business partners, from our social media pages, during promotional events or from users who submit their information to Monster Mail in order to subscribe to our mailing lists or receive information about Monster Mail products and services.
How Do We Use the Data We Collect?
We may use the information we collect and maintain, including any personal data, for the following purposes:- If you have provided your contact information to us, we may use such information to contact you for marketing and promotional purposes by various means, including regular mail, email or telephone.. To learn how to opt out of receiving marketing communications from us, please go to the section below entitled “How Can You Stop Receiving Marketing Communications?“.
- To process orders, requests and payments, and to communicate with our customers about their accounts or any requests, orders or payments;
- To provide requested services to our customers, including sending or facilitating the delivery of emails on behalf of and at the request of our customers. (In such cases, our customers are responsible for the content and delivery of such communications.)
- To respond to any inquiries submitted to us and to provide technical support to customers and Site visitors.
- To tailor the content and information that we may send or display to customers or Site visitors, and to otherwise personalize experiences at the Site;
- To better understand how users access and use our Site and services, both on an aggregate and individualized basis, for the purposes of improving our Site and services and responding to customer and visitor desires and preferences; and
- To detect violations of applicable policies. For example, we may use automated filters to screen the content of e-mails sent by or on behalf of our customers in order to restrict the sending of pornography or other prohibited content. We may also track or screen certain e-mail activities, such as the importation of large e-mail lists or the receipt of returned e-mails, to detect and prevent illegal spamming activities.
How Do We Disclose the Data We Collect?
We do not sell, rent or trade personal information, whether Customer Information or Customer Recipient Data, without prior consent. We may however, disclose the information we collect or maintain, including personal information, without prior consent as described below:- Affiliated Companies. We may disclose the information we collect about customers and potential customers to our affiliated companies. If we do, their use of your information will be in accordance with this Privacy Policy.
- Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform the following functions on our behalf: such as credit card processing to bill you for goods and services and a live chat vendor to assist us with customer service marketing analysis services to help manage our online advertising, customer relationship management services, and internal system monitoring and performance services. These third parties are required to maintain the confidentiality, security and integrity of personal information and to use such information only as directed by us.
- Business Transfers. If we are acquired by or merged with another company, if part or of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected to the acquiring company or entity.
- In Response to Legal Process. We may also disclose the information we collect in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
- To Protect Monster Mail and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of this Policy, our Terms & Conditions, our Anti-Spam Policy, or our End User Service Agreement.
- Aggregate and De-identified Information. We may share aggregate, anonymous, or de-identified information, such as Site Data, with third parties for marketing, advertising, research or similar purposes; however, we do not disclose personal data to such third parties.
Why Do You Receive Marketing Communications?
If you received one or more marketing or promotional e-mails, such as a newsletter (“commercial e-mails”) from us, it means that (a) your email address is on our list of customers, trial users, or prospective customers; or (b) you have provided us your email address so that we could contact you. If you believe you received an email from us in error, please contact us immediately at support@monstermail.com. Our customers also use Monster Mail’s service to send commercial e-mails to users who have opted-in to receive such e-mails. According to Monster Mail’sAnti-Spam Policy, our customers are not permitted to send unsolicited marketing or promotional e-mails, and are required to obtain opt-in consent from a recipient, prior to sending a commercial e-mail to the recipient’s e-mail address. While we have a strict Anti-Spam Policy, we cannot guarantee that our customers will always honor such policy. If you believe you have received an e-mail from one of our customers in error or in violation of our Anti-Spam Policy, please contact us immediately at abuse@monstermail.com.How Can You Stop Receiving Marketing Communications?
Each commercial email Monster Mail sends contains an unsubscribe link through which you may easily opt-out of receiving future commercial emails from us. If you do not wish to receive additional commercial emails from Monster Mail, simply click the unsubscribe link and follow the instructions to unsubscribe your e-mail address or to change your preferences about the types of e-mail we send you. Similarly, each commercial e-mail sent by one of our customers through Monster Mail’s service contains an unsubscribe link. Simply click on that link and follow the instructions to unsubscribe your e-mail address. If you have unsubscribed but continue to receive e-mail from us or from one of our customers, you may report this to abuse@monstermail.com. Please note that unsubscribe requests may take up to 7 – 10 days to process. If you receive any other types of marketing communication from Monster Mail and no longer wish to receive it, you may report this to abuse@monstermail.com.What About Public Forums?
Our Site also offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas is visible to and may be read, collected, used or disclosed by any visitor to the Site. To request removal of your personal information from our blog or community forum, contact us at support@monstermail.com. Please note that, even after removal from the Site, certain content may remain in our systems for a period of time, or may be viewable in cached and archived pages of the Site. We may post customer testimonials on our web site, which may contain personally identifiable information like the customer’s name and business. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from our testimonials, contact us at support@monstermail.com.How Do We Secure the Personal Data We Collect?
We use commercially reasonable security measures to protect against the loss, misuse and alteration of the personal data that we collect or maintain. We also provide each customer with a unique user name and password that must be entered when logging in the customer’s account. No data security measures, however, can guarantee 100% security all of the time. While we strive to protect your data from unauthorized use or disclosure, Monster Mail does not warrant or guarantee the security of the data that you provide to us. The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).What About Third Party Websites?
The Site contains links to third party websites. We are not responsible for the privacy practices or the content of any third party websites. Customers and visitors who link to other third party websites from the Site should check the privacy and security policy statements of such third party websites to understand the policies and practices of such third party websites as we are not responsible for those policies and practices. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. It is your responsibility to keep such information private and confidential.How Do We Use Cookies & Other Tracking Technologies?
When you interact with the Site, we strive to make your experience easy and meaningful. We may use or engage others to use cookies, clear gifs and Flash LSOs to track user activity and collect Site Data. In addition, we may combine the Site Data we collect with the other data we collect. Cookies: When you come to the Site, our web server sends a cookie to your computer. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. There are two types of cookies: session-based and persistent-based cookies. In addition, we may permit certain third parties to place cookies through our website.- Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. Monster Mail uses session cookies to allow the system to uniquely identify you while you are logged in to the Site. This allows us to process your online transactions and requests, and to verify your identity, after you have logged in, as you move through our Site.
- Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. Monster Mail uses persistent cookies to track aggregate and statistical information about user activity, to identify the fact that you are an Monster Mail customer or prior Site visitor, and to display advertising, both on our Site and on third-party sites.
What About Third-Party Ad Networks?
We participate in third party ad networks that may display advertisements to you on other websites based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you and their use of cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with non-personally identifiable information about visitors to our Site and users of our service. You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information about this practice, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp and www.aboutads.info/choices. Alternatively, you may opt-out here http://preferences-mgr.truste.com/. Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.How Can I Access My Information?
Customers may access and amend the contact information and other account information we have collected from them by logging in to their accounts and changing their account information. In addition, individuals may request access to and modification of any personal data we have collected about them by e-mailing support@monstermail.com. We will respond to your access request within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@monstermail.com. We will retain and use your information as necessary to comply with our legal obligations, support our business operations, resolve disputes, and enforce our agreements.Refund Policy – What is the MonsterMail refund policy?
30-Day Free Trial: MonsterMail offers a 30-Day Free Trial, with no credit card required for signup. This gives you a zero-risk way to try MonsterMail for 30 days. If you decide to upgrade at any time during the 30-Day Free Trial, the free trial ends and your account is upgraded to a Paid Account. Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the MonsterMail billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your account every 30 days, (every 360 days if you choose the annual plan,) and charges the appropriate amount to your credit card. Cancellation: You may cancel your account at any time, and no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card. Refunds: MonsterMail is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on August 10th, and you cancel your account on August 15th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded. We treat all customers equally, so we do not make exceptions to this policy.Safe Harbor
Monster Mail complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Monster Mail adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Monster Mail’s certification, please visit http://www.export.gov/safeharbor/. The majority of our customers are businesses; however, some the information we collect about customers and potential customers may identify or relate to an individual, rather than a business. We will use such data in accordance with this Privacy Policy. For example, we may send marketing communications to our customers and potential customers, and we may also allow our affiliated companies to send marketing communications to our customers and potential customers; you may opt out of receiving marketing communications from us and from our affiliated companies by emailing us at support@monstermail.com. We may also receive personal information about individual Customer Message Recipients (defined above), from or on behalf of Monster Mail’s customers. We process personal information about Customer Message Recipients only on behalf of and under the direction of our customers, and the collection, use and disclosure of such data is subject to the customer’s privacy policy, not this one. For questions about our Safe Harbor certification, please contact us at support@monstermail.com. For complaints, please see the section below entitled “How Do You Submit a Question or Complaint?”What About Children Under 13?
Our Site and services are not intended to be used by children under 13 years old. If we discover that a child under 13 has provided us with personal information, we will remove it from our systems immediately.How Do You Submit a Question or Complaint?
If you have any questions or complaints about your account, this Privacy Policy, or how we use the data we collect and maintain in the course of providing our services, please contact us at support@monstermail.com. Monster Mail has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program only covers information collected through our site monstermail.com. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@monstermail.com. If you are not satisfied with our response you can contactTRUSTe here.How Will We Notify You of Privacy Policy Changes?
We may update this privacy statement to reflect changes to our information practices. If we make any material changes that affect the information we have previously collected about you, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site. Your continued use of our Site and/or services constitutes consideration and your acceptance to any such changes. We encourage you to periodically review this page for the latest information on our privacy practices.Contact Us
support@monstermail.com 10785 West Twain Ave, Suite 102 Las Vegas, NV, 89135Monster Mail Safe Harbor Policy
Effective date: October 17, 2011 Updated March 14, 2013 Monster Mail LLC (“Monster Mail”) understands and values the importance of individual privacy. This Privacy Policy (“Policy”) is designed to inform our European Customers of: (1) how we collect, use and disclose Personal Data that is transferred to Monster Mail in the United States; (2) individuals’ choices with regard to how such Personal Data will be used or disclosed by Monster Mail; and (3) individuals’ other rights with regard to that Personal Data. This Policy complies with the Safe Harbor Principles as agreed upon by the U.S. Department of Commerce with the European Commission, as well as those agreed upon with the Federal Data Protection and Information Commissioner of Switzerland (collectively, “Safe Harbor Principles”), which can be found at http://www.export.gov/safeharbor/.1. SCOPE OF POLICY
This Policy applies only to the processing of Personal Data (defined below) that Monster Mail receives in the United States from its European Customers (defined below). Most Monster Mail Customers are businesses, not individuals. However, Monster Mail may also receive Personal Data about individual Message Recipients (defined below) on a Customer’s e-mail marketing or contact lists. We process the Personal Data of a Customer’s Message Recipients only on behalf of and under the direction of the Customer, and the collection, use and disclosure of such data is subject to the Customer’s privacy policy. This Policy does not cover data through which individuals are no longer identifiable, or identifiable only with a disproportionately large expense in time, cost or labor, or data combined with pseudonyms rather than actual names or other identifiable information. Capitalized terms in this Policy are defined at the end of this Policy.2. COLLECTION AND USE OF PERSONAL DATA
Monster Mail may collect Personal Data: (1) directly or indirectly from Customers; (2) from Third Parties; (3) from Monster Mail affiliates in Europe, or (4) through other means. We also collect information in the course of conducting our business operations or in furtherance of our legitimate business interests that may lead to the incidental collection of Personal Data. Monster Mail uses Personal Data for legitimate business purposes, including: (1) to process orders and for billing purposes; (2) to provide our services to Customers, including facilitating the delivery of e-mails or other communications to a Customer’s Message Recipients; (3) to provide technical support or customer service; (4) to respond to Customer inquiries or to otherwise communicate with customers about their Monster Mail accounts, orders or services; (5) to assess and improve the quality of our website, products, services and business operations; (6) to create reports and track the effectiveness of Customer campaigns and Monster Mail services; (7) to analyze and improve our website and services; (8) to satisfy governmental reporting and tax requirements; (9) to satisfy security, health, and safety concerns; (10) to plan and implement potential acquisitions and mergers; (11) for other business-related purposes permitted or required under applicable local laws and regulations; and (12) for other purposes expressly consented to by Data Subjects. Where permitted, Monster Mail also may use the Personal Data we collect to contact our Customers about services and other information that we believe will be of interest or to send marketing information. Our Customers may opt-out of being contacted for such purposes by e-mailing support@monstermail.com.3. DISCLOSURES/ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Monster Mail discloses Personal Data only to Third Parties who reasonably need to know such data for a legitimate business purpose of Monster Mail’s. Such recipients must agree to abide by confidentiality obligations. Monster Mail may provide Personal Data to Third Parties who act as agents to perform tasks on behalf of and under the instructions of Monster Mail. These Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Monster Mail and they must either: (1) comply with the EU-US Safe Harbor principles or another method permitted by the EU Data Protection Directive for transfers and processing of Personal Data outside of the EU; or (2) agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. Monster Mail may also disclose Personal Data for other purposes or to other Third Parties, when a Data Subject has consented to such disclosures. The disclosure of a Customer’s Message Recipient Personal Data is subject to the Customer’s Privacy Policy. Monster Mail will not use or disclose such Personal Data other than as directed by the Customer.4. SENSITIVE DATA.
Monster Mail does not intentionally collect Sensitive Data from Customers. Except as stated otherwise herein, Monster Mail will not disclose Sensitive Data to any Third Parties, other than its service providers as stated above, unless it receives a Data Subject’s express consent. Further, Monster Mail will not use Sensitive Data for any purpose other than: (1) the purpose for which it was originally provided, (2) a purpose expressly consented to by the Data Subject; or (3) a purpose expressly described below. Notwithstanding the above, should Monster Mail receive Sensitive Data, it may disclose Sensitive Data (and Personal Data) without prior express consent, where such disclosure or use: (a) is in the vital interests of the Customer, or another person; (b) is necessary for the establishment of legal claims or defenses, to obtain legal advice, or for the purposes of establishing, exercising or defending Monster Mail’s legal rights; (c) is required to provide medical care or diagnosis; (d) is necessary to carry out Monster Mail’s obligations under applicable employment or other laws; (e) is data manifestly made public by the Customer; or (f) as otherwise required by law.5. DATA INTEGRITY AND SECURITY
Monster Mail uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Monster Mail also uses reasonable physical, administrative and technical safeguards designed to protect against the loss, misuse and alteration of data that we collect or maintain. For example, all electronically stored Personal Data is stored on a secure network with monitored firewall protection, and access to Monster Mail’s electronic information systems requires user authentication via password or similar means. Despite these precautions, no data security safeguards guarantee 100% security all of the time.6. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
Upon reasonable request and to the extent the request does not compromise the protections set forth in this Policy, Monster Mail allows Customers reasonable access to their own Personal Data. Data Subject’s may request that Monster Mail correct, amend or delete such data where it is inaccurate. Monster Mail will grant such requests, except where doing so would cause unreasonable burden or expense, or pose a risk to such individual’s privacy. If you wish to access, change, or delete your Personal Data held by Monster Mail, please e-mail support@monstermail.com. Monster Mail will endeavor to respond in a timely manner to all reasonable requests.7. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Safe Harbor Principles and applicable data protection and privacy laws and principles. We will notify you if we make changes that materially affect the way we handle your Personal Data previously collected, and allow you to opt-out of having your Personal Data used in any materially different manner.8. QUESTIONS OR COMPLAINTS
You may contact Monster Mail with questions or complaints concerning this Policy at the following: Consumer Advocate Monster Mail, LLC 10785 West Twain Ave, Suite 102, Las Vegas, NV, 89135 E-Mail:Â support@monstermail.com9. ENFORCEMENT AND DISPUTE RESOLUTION
As part of our annual Safe Harbor re-certification process, Monster Mail will periodically review this Policy for accuracy, as well as for conformity with the Safe Harbor Principles and applicable data privacy and protection laws. If you have any questions, complaints or disputes regarding the manner in which Monster Mail handles or protects your Personal Data, please contact Ben Redding (contact information above). Monster Mail will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Policy. With respect to any complaints related to this Policy that cannot be resolved through our internal process, we agree to participate in the dispute resolution procedures set forth by TRUSTe. In the event that we or TRUSTe conclude that we did not comply with the Policy, we will take appropriate steps to address any adverse effects and assure our future compliance.10. DEFINED TERMS
The defined terms in this Policy have the following meanings: “Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. “Customer” means a Data Subject who is a prospective, current or former partner, vendor, supplier, customer, or client of Monster Mail, or a visitor to an Monster Mail website, who is also a resident of a European Union county, or of Iceland, Lichtenstein, Norway or Switzerland. The term shall also include any individual agent, employee, or representative of a Customer whose Personal Data Monster Mail has obtained as part of its business relationship with the Customer. “Personal Data” means data that personally identifies or may be used to personally identify a Data Subject, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password and identification numbers. Personal Data does not include data that is de-identified, anonymous or publicly available. “Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition; race or ethnicity; political, religious or philosophical affiliations or opinions; sexual orientation; or trade union membership. “Third Party” means any individual or entity that is neither Monster Mail nor an Monster Mail employee, agent, contractor or representative. “Message Recipient” means a Data Subject (i) who is a resident of a European Union county, or of Iceland, Lichtenstein, Norway or Switzerland, (ii) whose Personal Data is included on an Monster Mail Customer’s marketing or contact list(s) maintained through Monster Mail’s website or services, and (iii) whose Personal Data is stored, processed or maintained by Monster Mail, or on Monster Mail systems, on behalf of the Customer.End User Services Agreement
PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS “AGREEMENT“) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER“) AND Monster Mail LLC (“Monster Mail” OR “WE“) WITH RESPECT TO YOUR USE OF Monster Mail’S ON DEMAND SOFTWARE AND SERVICES AND APPLICATIONS (THE “SERVICES“). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.- Services. The Services assist customers to distribute electronically customer-created content to customers’ lists of subscribers, each of whom must have consented previously to the receipt of such content (“Recipients“). While Customer retains Monster Mail to assist with the transmittal of content to its Recipients, Customer acknowledges that Monster Mail does not actually send Customer content to Recipients on Customer’s behalf. The Services comprise primarily of a web-based technology platform through which such content is delivered once Customer sends such content. Among other things, Monster Mail provides customer support and formatting assistance for the electronic content Customer desires to distribute. In all cases, Monster Mail simply acts as agent for Customer with its authorization. Customer agrees that the Services are used only for Customer’s business purposes. If Customer does not intend to use the Services for business purposes, Customer must contact us at support@monstermail.com.
- Site and Policies. During the Term (as defined below) and subject to the terms and conditions set forth herein and in any guidelines, rules or operating policies that Monster Mail may establish and post from time to time on www.monstermail.com (the “Site“), including, without limitation, Monster Mail’s anti-spam policy, privacy policy and prohibited content and commerce statement, each of which is incorporated herein by reference (collectively, the “Policies“), Monster Mail agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, Monster Mail may modify the terms and conditions set forth in this Agreement and/or in the Policies. All such changes shall become effective once posted on the Site, and Customer’s use of the Services thereafter shall be subject thereto. In the event of any conflict between any term or condition set forth in this Agreement and in a Policy, the former shall govern. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by Monster Mail with respect to future functionality or features.
- Professional Services. In addition to the Services, Customer may purchase certain premium services by making its selection therefor in accordance with the instructions posted at www.monstermailplus.com (the “Professional Services“), which Professional Services may be customized pursuant to a mutually agreed upon written statement of work provided to Customer upon the earlier of its request or its selection of desired Professional Services (each, a “Statement of Work“). The Professional Services are provided by Monster Mail separate and distinct from the Services and are not required for Customer’s use or enjoyment of the Services. In the event of any conflict between any term or condition set forth in this Agreement and in a Statement of Work, the terms and conditions of this Agreement shall govern, unless the parties expressly agree otherwise in such Statement of Work. Any Statement of Work may be modified or amended only with the written consent of each of Monster Mail and Customer.
- Free Trial Period. In the event Customer elects to use the Services on a trial basis, Customer will not be billed for such use for a period equal to thirty (30) days or, if a different number of days are posted on the landing page through which Customer subscribes to use the Services, that different number of days, beginning on the date on which Customer first subscribes to use the Services and indicates its agreement with the terms and conditions set forth in this Agreement (the “Trial Period“). During the Trial Period, Customer’s subscriber level limit may not exceed 100 Recipients and Customer’s monthly email send limit may not exceed four (4) times the number of permitted Recipients (i.e., 400 emails per month), unless a higher subscriber level and/or a higher monthly email send limit are posted on the landing page through which Customer subscribes to use the Services. The subscriber level and email send limits for the Trial Period are subject to change at any time. Once Customer completes its free trial period or exceeds any such limit (even if Customer manually removes names from its Recipient list), whichever occurs first, the Trial Period will terminate. Upon such termination, Customer may purchase a monthly or annual subscription for the Services. Customer’s access to the Services will be disabled until payment therefor is received. Monster Mail reserves the sole and exclusive right to modify the duration of the Trial Period.
- Monster Mail Free Edition. If Customer subscribes to use the Services through a free customer account (“Monster Mail Free Edition“), Customer’s use of the Services will be subject to the terms, conditions and restrictions (including subscriber level limits) set forth herein and posted on the landing page through which Customer subscribes to Monster Mail Free Edition. If Customer exceeds any such limit (even if Customer manually removes names from its Recipient list), its access to the Services may be disabled. In such event, Customer may purchase a monthly or annual subscription for the Services. Customer’s access to the Services will be disabled until payment therefor is received. Monster Mail reserves the sole and exclusive right to modify any of these terms, conditions and restrictions. All such modifications shall become effective once posted on the Site. Customer acknowledges and understands that its use of the Service through Monster Mail Free Edition may be limited in terms of functionality, features and support as compared with the Services provided through Monster Mail’s standard paid customer accounts. Customer may upgrade from Monster Mail Free Edition to a standard paid customer account at any time.
- Purchase. Pricing for the Services is based upon the subscriber level Customer chooses to purchase as indicated on the landing page through which Customer subscribes to use the Service or in a negotiated sales order, as the case may be (in either case, the “Sales Order“). The Sales Order records Customer’s subscriber level, term, subscription fee, payment method and other account information. If the number of Recipients stored in Customer’s account exceeds the subscriber level set forth in the Sales Order, Customer’s access to and use of the Services will be disabled until Customer: (i) reduces the number of Recipients stored in Customer’s account; or (ii) upgrades its subscriber level to at least equal the number of Recipients stored in its account. Customer may upgrade (but not downgrade) Customer’s subscriber level at any time during the term of this Agreement. The total number of emails per month that may be sent by Customer cannot exceed six (6) times the subscriber level limit. For example, if Customer’s subscriber level limit is 100,000, Customer can send up to 600,000 emails per month. If Customer requires a sending limit higher than six (6) times Customer’s subscriber level limit per month, Customer should contact Monster Mail’s sales group at sales@monstermail.com or 866-775-4254.
- Fees and Payment. In consideration for the Services to be provided by Monster Mail (other than through Monster Mail Free Edition), Customer agrees to pay the monthly subscription fees set forth in the Sales Order (the “Subscription Fees“). Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer’s payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. In consideration for the Professional Services to be provided by Monster Mail, if any, Customer agrees to pay the fees posted at www.monstermailplus.com, set forth in the Statement of Work or as otherwise provided to Customer by Monster Mail, (the “Professional Fees,” together with the Subscription Fees, the “Fees“). All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Unless collected and remitted by Monster Mail, Customer is responsible for payment of all taxes due to a governmental authority, if any, except for taxes imposed on Monster Mail’s net income. Customer shall provide to Monster Mail any certificate of exemption or similar document required to exempt any transaction under this Agreement from sales tax or other tax liability. Payments for Fees and reimbursements for expenses, if any, will be billed monthly and will be due immediately upon receipt of invoice; or may be pre-paid in advance; or otherwise may be paid pursuant to the terms set forth in the Sales Order. If Customer is paying for the Services with a credit card, Customer hereby authorizes Monster Mail to charge such credit card for Fees on a regular basis until such time as Customer’s account is terminated. If Customer is paying for the Services by credit card and such credit card is declined, Monster Mail will send Customer notice thereof to Customer’s email address on record. If Customer misses a payment, Monster Mail may notify Customer by phone or mail, but has no obligation to do so. Any payment due and not received by Monster Mail by the due date may be subject, at Monster Mail’s sole discretion, to a late fee equal to 1.5% (or the maximum rate permitted by law) of the amount then due, for each month overdue until paid in full. In the event Customer fails to make timely payments when due, Monster Mail may, at its election, discontinue, terminate or suspend the Services, without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees that it will be required to pay the Fees until this Agreement is terminated in accordance with the termination provisions set forth herein. For amounts outstanding after ninety (90) days from its receipt of the invoice therefor, Customer shall be responsible for and agrees to pay reasonable costs and expenses of collection, including, but not limited to, court and attorneys’ fees and expenses. From time to time, and at any time, Monster Mail may require reasonable credit guarantees before continuing its provision of the Services or the Professional Services hereunder.
- Customer’s Recipient Data. In offering the Services, we may collect personal information about Recipients. Monster Mail will not own any data, information or material that Customer submits to Monster Mail in connection with the Services (“Customer Recipient Data“). Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Recipient Data, and Customer is responsible for maintaining, securing and storing all Customer Recipient Data in accordance with applicable law. Upon any termination or expiration of this Agreement and Customer’s payment of all unpaid and outstanding Fees, and Customer’s written request received by Monster Mail within thirty (30) days of such expiration or termination, Monster Mail will provide Customer with an electronic file of the Customer Recipient Data. Customer acknowledges and agrees that after the thirtieth (30th) day following any such termination or expiration, Monster Mail has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing Customer with notice of such deletion. If Customer uses the Services during a Trial Period and fails to convert its account to Monster Mail Free Edition or a standard paid customer account upon the expiration or other termination thereof, Monster Mail has no obligation to retain the Customer Recipient Data after the date of such expiration or termination. If Customer uses the Services through Monster Mail Free Edition and fails to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after Customer’s last use of the Services, Customer acknowledges and agrees that Monster Mail has no obligation to retain the Customer Recipient Data and may delete and destroy such data without providing Customer with notice of such deletion. Monster Mail will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Recipient Data.
- Customer Information. Monster Mail collects certain personal and business-related information about its Customers, which generally includes, but is not limited to, contact information and payment information (the “Customer Information“). Monster Mail collects such information in order to provide the Services or the Professional Services, as the case may be, and related technical support. If you have provided your Customer Information, Monster Mail may contact you for marketing purposes by various means, including, but not limited to, regular mail, email or telephone. When you activate an Monster Mail account (including during the Trial Period), you expressly consent to receive marketing communications via direct mail, email (at the email address you provided when you activated your account), telephone (at the number you provided when you activated your account), pre-recorded messages (at the number you provided when you activated your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods.
- Data Disclosures. Except as otherwise set forth herein, Monster Mail does not disclose, sell or rent Customer Recipient Data or Customer Information (collectively, the “Data”), without Customer’s prior consent or unless required by order or other requirement of a court, administrative agency, or other governmental body or applicable law. Customer expressly permits Monster Mail to disclose the Data to: (i) Monster Mail personnel who access and manage the Data in connection with the Services; (ii) service providers for purposes of providing functions or services related to the Services and Monster Mail’s customers’ accounts; and (iii) Monster Mail marketing partners through which Customer purchased the Services, if any. Except as otherwise set forth herein, Monster Mail will not provide any Data to any third party without Customer’s authorization and will use commercially reasonable efforts to prohibit any third party that receives any such Data from selling or redistributing such Data without Customer’s authorization.
- Passwords. In connection with Monster Mail’s provision of the Services, Monster Mail will send to Customer’s email address (as designated by Customer at the time an account is established), information such as user-IDs and/or passwords which will enable Customer to access the Services (the “Passwords“). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Monster Mail promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer’s negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.
- Proprietary Rights. This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Monster Mail (as applicable) (the “Software“), and the Services, are and shall remain the sole and exclusive property of Monster Mail. Accordingly, Customer acknowledges that, as between Monster Mail and Customer, Monster Mail owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Monster Mail. Customer will not take any actions inconsistent with Monster Mail’s ownership of each of Monster Mail’s rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Monster Mail. If you are using the Services in any country within the European Union, the prohibitions set forth herein will not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- Use of Services. Customer acknowledges and agrees that it will use the Services (and the Professional Services as the case may be) only to access, employ, utilize, or display the Software solely for Customer’s “internal business purposes” by Customer’s employees or by independent contractors hired by Customer. For the avoidance of doubt, the term “internal business purposes,” as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send messages to any purchased (email) lists, purchased distribution lists, purchased newsgroups, or purchased email addresses; (iv) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (v) use the Services (and the Professional Services as the case may be) in any other manner which violates any Policy or any applicable law. Customer agrees to report immediately to Monster Mail, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this Section 13 or in any of the Policies. In the event of any suspected violation of any term, condition or restriction set forth in this Section 13 or in any Policy, or in the event Monster Mail otherwise reasonably objects to any inappropriate or improper content uploaded by Customer in connection with its use of the Service, Monster Mail may immediately disable Customer’s access to the Services and suspend its provision thereof.
- No Tampering. Each email message that is sent using the Services must contain an “unsubscribe” link that allows Recipients to remove themselves from Customer’s mailing list and a link to Monster Mail’s Policies. Customer agrees that it will not remove, disable, modify or attempt to remove, disable or modify either link. Further, each such email message may contain an automatic identifying footer such as “Powered by Monster Mail.” Except as otherwise expressly permitted in writing by Monster Mail, Customer agrees that it will not remove, disable or modify or attempt to remove, disable or modify such footer.
- Confidential Information. Each of Monster Mail and Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). For purposes hereof, “Confidential Information” means any information disclosed by one party (the “Disclosing Party“) to the other party (the “Receiving Party“) that relates to such Disclosing Party’s business affairs, internal operations, personnel, subscribers, customers, financial matters, technology, research and development, product plans or offerings, markets, or know-how. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party; (ii) was in the Receiving Party’s possession prior to receipt of the same hereunder, as evidenced by the Receiving Party’s prior written records; (iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information or to have violated any applicable law; (iv) can be proven by competent written evidence to have been independently developed by the Receiving Party; or (v) is approved in writing for release by the Disclosing Party. For purposes hereof, Customer Recipient Data and Customer Information are considered Customer’s Confidential Information. Nothing set forth herein shall be construed to prohibit Monster Mail from disclosing Customer’s Confidential Information to any third party that has a need to know such information in connection with its performance of the Services. From time to time, Monster Mail may be required to disclose Customer’s Confidential Information by order or other requirement of a court, administrative agency, or other governmental body or applicable law, as determined by Monster Mail or its legal counsel. In such event, Customer hereby permits Monster Mail to disclose such information to the extent necessary to comply with such order or legal requirement, which disclosure shall not be construed as a breach of this Section 15.
- Representations, Warranties and Covenants. Customer represents, warrants and covenants to Monster Mail that: (i) if an individual, Customer is at least eighteen (18) years old; (ii) if an entity, it is a company duly organized and validly existing in good standing under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it in the Sales Order and that will be provided it during the term of this Agreement, is and will be truthful and accurate; (v) its use of the Customer Recipient Data, the Services and the Professional Services, including, without limitation, its right to email Recipients, is and will at all times be in accordance with the terms and conditions set forth in this Agreement, the Policies and all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property right or other right of a third party; (vi) it is not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Services; and (vii) neither Customer nor any of its officers, directors or personnel is located in a United States embargoed country, or is, or has been, named on the United States Treasury Department’s listing of specially designated nationals and blocked persons or is, or has been, otherwise blacklisted by any instrumentality of the United States.
- Third Party Products and Services. From time to time, certain third parties may offer products and services related to the Services (and the Professional Services, as applicable). Any subsequent business relationship, exchange of data or other interaction between Customer and such a third party, and/or any purchase, download or use by Customer of any product or service offered by such third party, is solely between Customer and such third party. Regardless of any recommendation by Monster Mail or use of such third party products or services, Monster Mail does not make any representations, warranties or guarantees with respect to any such third parties or any of their products or services. While Monster Mail may rely on data or information provided or generated by such third party products and services in the course of providing the Services (and the Professional Services, as applicable), Customer hereby acknowledges that Monster Mail specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees that Monster Mail shall not be liable for any acts or omissions based on its reliance thereon. Accordingly, Customer hereby releases and holds harmless Monster Mail from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising therefrom.
- Open Source Software. Customer acknowledges and understands that certain open source code may be incorporated into the Service (the “Source Code“). Except as otherwise set forth in the applicable Source Code license therefor, the Source Code is provided “as is,” and without representation or warranty of any kind. Customer hereby releases and holds harmless Monster Mail from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising therefrom.
- Disclaimer of Warranties. THE SERVICES (AND THE PROFESSIONAL SERVICES, AS APPLICABLE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Monster Mail AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR THE PROFESSIONAL SERVICES. THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES OR THE PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE PROFESSIONAL SERVICES.
- Limitation of Liability. IN NO EVENT WILL Monster Mail OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES (OR THE PROFESSIONAL SERVICES, IF APPLICABLE), OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF Monster Mail OR ITS REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL Monster Mail OR ANY REPRESENTATIVE’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES, OR THE PROFESSIONAL SERVICES, EXCEED THE ACTUAL FEES CUSTOMER PAID TO Monster Mail FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, LOSS, OR DAMAGE. No claim may be asserted by Customer against Monster Mail more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or Monster Mail’s non-provision, of the Services (or the Professional Services as the case may be), Customer’s sole and exclusive remedy shall be for Monster Mail to use commercially reasonable efforts to repair or provide the Services (or the Professional Services as the case may be).
- Indemnification. Customer agrees to indemnify, defend and hold harmless Monster Mail, the Representatives, and its and their respective affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) Customer’s acts or omissions; (ii) Customer’s violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada’s Fighting Internet and Wireless Spam Act, or the Policies; (iii) Customer’s breach of any term or condition set forth in this Agreement (including in the Policies); (iv) Customer’s breach of any of its representations or warranties set forth herein; and/or (v) Customer’s infringement or misappropriation of any intellectual property rights or other rights of any person or entity.
- Term and Termination. The Sales Order determines the initial term (the “Initial Term“) of your Agreement. Upon expiration of the Initial Term, this Agreement will automatically renew for successive terms equal to the same period of time as the Initial Term (each, a “Successive Term,” together with the Initial Term, the “Term“), and you will continue to be billed for the Fees until this Agreement is terminated in accordance with the terms and conditions set forth herein. At any time during the Term, either Customer or Monster Mail may terminate this Agreement for any reason. If Customer desires to terminate this Agreement, Customer may request a termination by calling Monster Mail at (800) 986-6896, Monday through Friday, between the hours of 9:00 a.m. (PST) and 5:00 p.m. (PST) (a “Valid Termination Notice“). Customer acknowledges that allowing a credit card to expire or failing to submit payment by check does not constitute a Valid Termination Notice. Any Customer termination request that occurs in the middle of a payment term (whether monthly, quarterly or annually, as set forth in the Sales Order) will be made effective on the final day of such term. If Customer wishes to terminate only the Professional Services, it should contact its account manager prior to such services being performed. Monster Mail may terminate this Agreement immediately effective upon delivery to Customer of notice thereof. Such right to terminate this Agreement shall include Monster Mail’s right to terminate its provision of the Services and/or the Professional Services (as applicable) and to pursue all available equitable and legal remedies (in the event Customer breaches any term or condition, or any of its representations or warranties set forth herein). Upon termination of this Agreement for any reason, all Customer Recipient Data may be destroyed and deleted in accordance with the terms and conditions set forth in Section 8 above. Notwithstanding any termination or expiration of this Agreement, Customer will remain obligated to pay Monster Mail Fees which were incurred prior to (and on) the effective date of such termination or expiration, as the case may be.
- Governing Law. This Agreement will be governed by the laws of the State of North Carolina as applied to agreements entered into and performed entirely within the State of North Carolina, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
- Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Raleigh, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Monster Mail shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
- Relationship. This Agreement does not create a partnership, joint venture or agency relationship between Monster Mail and Customer. Customer does not have any right, power, or authority to act as a legal representative of Monster Mail.
- Assignment. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Monster Mail. Any such transfer, assignment, sublicense or delegation without consent will be null and void.
- Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
- Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
- Entire Agreement. This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between Monster Mail and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Monster Mail and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement. At any time prior to, or during, its use of the Services, Customer may enter into certain other agreements with Monster Mail which are subject, expressly or otherwise, to the terms and conditions set forth in this Agreement. In the event of any conflict between a term or condition set forth therein and herein, the term or condition which most favors Monster Mail, as determined by Monster Mail, shall govern.
- No Waivers. Monster Mail’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
- Notice. Monster Mail may provide Customer with general notice by electronic mail to Customer’s e-mail address of record, or by written communication sent by first class mail or pre-paid post to Customer’s address of record, or to such other address designated by Customer and communicated to Monster Mail in accordance with the notice delivery provisions of this Section 31. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Customer must give notice to Monster Mail (such notice shall be deemed given when received by Monster Mail) by using one of the following means: (i) letter delivered by a nationally recognized overnight delivery service; or (ii) by first class postage, return receipt requested, prepaid mail to Monster Mail; in either event, to the following address: Monster Mail LLC, Attn: Support Department; 10785 West Twain Ave, Suite 102, Las Vegas, NV, 89135. Notwithstanding the foregoing, Customer must adhere to the terms and conditions set forth in Section 22 above to provide Monster Mail with notice of its intention to terminate this Agreement. Either Customer or Monster Mail may designate a different mailing address for notice delivery by providing the other party with such different address in accordance with the notice delivery provisions of this Section 31.
- Consent to Use of Electronic Signatures and Records. As a convenience and courtesy to you, Monster Mail provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site:
- you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
- you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto;
- you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
- you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and
- you agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.
- Export Restrictions. Customer acknowledges that the Services may be subject to U.S. or other countries’ export control laws and regulations. Customer agrees not to export, or transfer for the purpose of re-export, the Services (including technical data) in violation of any U.S. or other applicable export control laws and regulations.
- Miscellaneous. Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Monster Mail and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.
Prohibited Content and Commerce Statement
This prohibited content and commerce statement is incorporated by reference in Monster Mail LLC’s (“Monster Mail”) end user services agreement posted at www.monstermail.com (“EUSA”). Monster Mail expressly prohibits the use of Monster Mail’s website, software or services by any party that engages in, or posts on its website content that relates to, the provision, distribution, display, performance, solicitation, disclosure and/or sale or rent of (as applicable) any of the following (“Prohibited Content”):- pornography, adult entertainment, nudity, prostitution or escort services; online gambling; federally regulated or otherwise illegal drugs or narcotics, or paraphernalia associated therewith; illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual or entity; stolen goods; libelous, defamatory, scandalous, threatening or harassing acts; pirated computer programs; counterfeit or fraudulent products; instructions on how to assemble or otherwise make any weapon including bombs, grenades or firearms;
- mailing lists, distribution lists, newsgroups, or spam email addresses;
- content or material that exploits or is harmful to children under 18 years of age;
- any personally identifying information or private information;
- content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing or otherwise morally objectionable;
- viruses, worms, harmful or malicious code and/or Trojan horses;
- pyramid schemes, multi-level channel and/or network marketing opportunities, including, but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth,” and “financial independence” offerings;
- promotion, offering, or proliferation of access to payday loans, payday advances, or short-term unsecured loans;
- any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; and
- content that violates or misappropriates any third party intellectual property, moral or privacy right.
Termination Policy
Pursuant to Section 22 of the EUSA, at any time, either party may terminate Customer’s Monster Mail account for any reason. Customer may request a termination by calling (800) 986-6896, Monday through Friday, between the hours of 9:00 a.m. (PST) and 5:00 p.m. (PST). Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of such term. Notwithstanding any termination of this Agreement, Customer will remain obligated to pay Monster Mail Fees which were incurred prior to (and on) the effective date of such termination. If you use the Services through Monster Mail Free Edition and wish to terminate your account, no action is required. If you use the Services through Monster Mail Free Edition and fail to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after your last use of the Services your account will automatically expire.Credit Card Expirations or Declines
Please note that allowing a credit card to expire or failing to submit payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly subscription fee, which will accrue to your account, until we receive a valid termination notice. We may send notice to the email on record if your credit card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.Retrieving your Data After your Account has been Terminated
Upon any termination of your account, and your payment of all unpaid and outstanding Fees and your written request received by Monster Mail within thirty (30) days of such termination, Monster Mail will provide you with an electronic file of the Customer Recipient Data. You acknowledge that after the thirtieth (30th) day following any such termination, Monster Mail has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing you with notice of such deletion. If you use the Services during a Trial Period and fail to convert your account to a standard paid customer account upon the expiration or other termination thereof, Monster Mail has no obligation to retain the Customer Recipient Data after the date of such expiration or termination. If you use the Services through Monster Mail Free Edition and fail to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after your last use of the Services, you acknowledge that Monster Mail has no obligation to retain the Customer Recipient Data and may delete and destroy such data without providing you with notice of such deletion. Please be sure to export all data you wish to save before terminating your account.Affiliate Agreement
Effective Date: March 27, 2012 PLEASE REVIEW THIS AFFILIATE AGREEMENT (THIS “AGREEMENT”) AS IT CONSTITUTES A LEGAL AGREEMENT BY AND BETWEEN Monster Mail LLC (“Monster Mail”) AND YOU (“AFFILIATE”), TO BE EFFECTIVE ON THE DATE YOU SUBSCRIBE TO AN Monster Mail CUSTOMER ACCOUNT (THE “EFFECTIVE DATE”). BY USING THE SERVICES (AS DEFINED IN Monster Mail’S END USER SERVICES AGREEMENT (THE “EUSA”), YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO USE THE SERVICES. Monster Mail is the licensed provider of Monster Mail email marketing and list management software (the “Software”). Affiliate wishes to promote the Software via a landing page pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and agreements contained herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows:- Appointment: Subject to the terms and conditions set forth in this Agreement, Monster Mail hereby appoints Affiliate, and Affiliate hereby accepts such appointment, to promote and market the Software in accordance with the terms and conditions set forth herein, with the intention of referring to Monster Mail each month unique and bona fide subscribers for the use of the Software (each, an “Monster Mail Customer”).
- Affiliate Landing Page: Within thirty (30) days after the Effective Date, unless otherwise agreed by Monster Mail in writing, Monster Mail will create and maintain during the Term (as defined below) for Affiliate a landing page upon which Monster Mail’s Marks (as defined below) will be displayed prominently. This landing page will be coded with an Affiliate ID # so that all transactions and sales from Monster Mail Customers can be tracked and correctly applied and credited to Affiliate’s account. Once a visitor to such page becomes an Monster Mail Customer, an Affiliate ID # will be hard coded to such Monster Mail Customer’s account, through which Affiliate’s account will be credited for every payment made by such Monster Mail Customer. At any time during the Term, Affiliate may log onto Affiliate’s account and use the link found within the ‘Partner Central’ section to track total number of Monster Mail customers and commissions for each month.
- Licenses: In connection with each party’s performance of its obligations set forth herein, each party (in such capacity, the “Licensor”) : (i) represents and warrants to the other party (in such capacity, the “Licensee”) that it is the sole and exclusive owner of any trade names, trademarks, service marks, “d/b/a”s, names, URLs, or logos (collectively, the “Marks”) that Licensor provides to Licensee hereunder, and that such provision will not violate or otherwise infringe upon any intellectual property or other rights of any third party; and (ii) hereby grants to Licensee a limited, nonexclusive, royalty-free license to use Licensor’s Marks during the Term in connection with the performance of Licensee’s obligations hereunder. Licensee hereby agrees not to: (x) alter or otherwise modify any of Licensor’s Marks; (y) attack ownership of, or rights to, any of Licensor’s Marks; or (z) intentionally use the Licensor’s Marks in a way that might deceive others, create a likelihood of confusion or destroy or diminish the goodwill in any of the Licensor’s Marks.
- Term and Termination: This Agreement shall commence on the Effective Date, and shall continue until terminated by Monster Mail, by providing Affiliate with prior written notice of its intention to so terminate; or by Affiliate, by providing Monster Mail with fifteen (15) days’ prior written notice of its intention to so terminate (the “Term”). Upon any termination of this Agreement, the licenses granted in Section 3 above shall terminate effective immediately as of the date of such termination. Notwithstanding any such termination, the terms and conditions set forth in Sections 4, 5, 7, 8, 9, 10, 12, 14 and 18 hereof shall survive; provided, however, that if this Agreement is terminated by Monster Mail due to Affiliate’s breach of any term or condition set forth in this Agreement or of any of Affiliate’s representations and warranties set forth herein, as determined by Monster Mail in its sole discretion, Affiliate shall not be entitled to any commission payments arising pursuant to Section 5 below after the date of such breach.
- Commission: During the Term, Monster Mail agrees to pay Affiliate a commission equal to: (i) fifteen percent (15%) of all Revenue (as defined below) actually received from each Monster Mail Customer referred to Monster Mail by Affiliate; and (ii) five percent (5%) of all Revenue generated by affiliates referred to Monster Mail by Affiliate, which enter into affiliate agreements with Monster Mail substantially similar to this Agreement (each, a “Second Tier Affiliate”); provided, however, that: (A) for Monster Mail Customers which Monster Mail determines, in its sole discretion, are Monster Mail for Salesforce or Agency customers, Monster Mail will not pay Affiliate any commission; (B) for Monster Mail Customers which Monster Mail determines, in its sole discretion, are enterprise, large sender, or managed account customers, Monster Mail agrees to pay Affiliate a commission equal to ten percent (10%) of all Revenue (as defined below) actually received from each Monster Mail Customer referred to Monster Mail by Affiliate; and (C) Monster Mail will pay Reseller a monthly commission of no more than $175 for each Monster Mail Customer. Except as otherwise set forth in Section 4 above, Affiliate will continue to receive the commission payments described in this Section 5 for the life of each Monster Mail Customer in accordance with the terms and conditions set forth herein. Commission payments will be based on Revenue actually received by Monster Mail from Monster Mail Customers in a calendar month, as calculated on the first day of the immediately subsequent calendar month (the “Month of Payment”), and will be mailed to Affiliate no later than the fifteenth (15th) day of the Month of Payment, by check made payable to Affiliate. Such payments will be made after Affiliate’s cumulative commissions exceed $30.00 (or in the case of non-U.S.-based Affiliate, such payments will be made after cumulative commissions exceed US$100.00). For purposes hereof, “Revenue” means gross revenue actually received by Monster Mail from each Monster Mail Customer minus any refunds, rebates, setoffs, discounts, promotions, charge backs, non-payments, or defaults, any of which may be set-off against amounts already paid to Affiliate.
- Marketing Materials: During the Term, Affiliate may use graphics, text, and sample promotions provided in Affiliate Central to promote the Software. Affiliate may not use unsolicited commercial email to promote the Software, which includes mass emails sent to recipients who have not requested it (not opted-in) and with whom Affiliate has no prior relationship, and any other definition of “spam” as defined under applicable law. Any such use will be considered a material breach of this Agreement and will result in the termination of this Agreement in accordance with the terms and conditions set forth in the last sentence of Section 4 above.
- Monster Mail Pricing and Customer: Monster Mail reserves the sole and exclusive right to review, modify or change its posted pricing, and to accept, reject, suspend or terminate service to any Monster Mail Customer or prospect, at any time and without regard to, limitation from, or restriction by Affiliate or any of the terms or conditions set forth herein.
- Disclaimer of Warranty: THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Monster Mail AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THIS AGREEMENT. Monster Mail AND THE REPRESENTATIVES DO NOT WARRANT THAT THE SOFTWARE WILL MEET Monster Mail CUSTOMER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE.
- Affiliate’s Representations, Warranties and Covenants: Affiliate represents and warrants to Monster Mail that: (i) in connection with the appointment described herein, Affiliate will at all times comply with all applicable laws; (ii) Affiliate will at all times present the Software to potential customers, accurately, fairly and truthfully and will not make any misleading, unfair or deceptive statements about Monster Mail or the Software, or misrepresent either in any way; (iii) Affiliate will not disparage Monster Mail or the Software during the Term or at any time after the termination thereof; (iv) Affiliate will do all things reasonable to promote the good reputation of Monster Mail and the Software; (v) Affiliate’s execution, delivery and performance of this Agreement will not result in any violation of any other agreement or arrangement; and (vi) none of the Affiliate’s Marks will violate or infringe upon the intellectual property, or other rights, of any third party.
- Limited Liability: In no event will Monster Mail be liable to Affiliate or Monster Mail Customers for any special, direct, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the Software or this Agreement, including, but not limited to, damages for losses of profits, loss of business or goodwill, loss of data or use of data, interruption of business, even if Monster Mail was advised in advance of the possibility of such losses or damages. Monster Mail’s total cumulative liability to Affiliate or to any other party for claims, losses or damages of any kind, whether based on contract, tort, negligence or otherwise, arising out of or related in any way to this Agreement or the Software will not exceed the commission actually paid to Affiliate in the calendar month immediately preceding the month in which such claim, loss or damage arose. Monster Mail is not, and will not be, responsible or liable for any downtime or failure of performance or slowdown in deliverability that may occur from time to time.
- Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous proposals, oral or written, and all negotiations, conversations of discussion heretofore and between the parties related to this Agreement. Each party acknowledges that it has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein.
- Governing Law: This Agreement shall be governed by, and enforced in accordance with, the laws of the State of North Carolina, without regards to its conflicts of law provisions. Both parties hereto irrevocably consent to the jurisdiction of the state and federal courts located in Wake County, North Carolina.
- Relationship of the Parties: Although references are made in this Agreement to the term “Affiliate,” the parties do not intend to create a partnership or joint venture in the legal sense, but only a referral relationship. The parties agree that they are independent contractors and that neither of them has any fiduciary duty to the other. Neither party is the agent of the other. Neither party may represent to any person that it has the power to bind the other party on any service contract or other agreement, or take any action reasonably likely to lead a third party to believe that it is the agent or representative of the other party.
- Indemnification: Affiliate hereby agrees to indemnify, defend and hold harmless Monster Mail, and its officers, directors, stockholders, employees, agents, successors and assigns (the “Indemnified Parties”) from and against any and all liabilities, losses, damages, claims, suits, judgments, costs, expenses (including reasonable attorneys’ fees and costs of any investigation or action related thereto) and actions suffered or incurred by the Indemnified Parties as a result of: (i) Affiliate’s performance, failure to perform or improper performance of this Agreement; (ii) Affiliate’s material breach of any of its representations or warranties set forth herein, or any term or condition set forth in this Agreement; (iii) the Indemnified Parties’ use of Affiliate’s Marks in accordance with the terms and conditions set forth herein; or (iv) Affiliate’s acts, omissions or intentional misconduct.
- Assignment and Binding Effect: Affiliate may not assign this Agreement without first seeking and obtaining Monster Mail’s prior written consent. All assignments in violation of this restriction set forth in this Section 15 shall be considered null, void and of no legal effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
- Waiver: No waiver by Monster Mail of any provision or condition of this Agreement shall be effective unless such waiver is expressed in writing and signed by an authorized representative of Monster Mail. Monster Mail’s failure to enforce any provision of this Agreement will not constitute a waiver of its right to subsequent enforcement of such provision or any other provision of the Agreement.
- Amendment: Any modification or amendment of any provision of this Agreement must be made in writing and signed by an authorized representative of each party.
- Other Agreements: Affiliate has entered into certain other agreements with Monster Mail, including, without limitation, the EUSA (the “Other Agreements”). While each of the Other Agreements constitutes a separate legal agreement between the parties, such agreements may address subject matter related to this Agreement. In the event of any conflict between any term or condition set forth in this Agreement and in any of the Other Agreements, the term or condition which most favors Monster Mail, as determined in Monster Mail’s sole discretion, shall prevail.
Digital Millennium Copyright Act: Notice and Take Down Procedures, Copyright Agent.
Monster Mail respects the intellectual property rights of others, and Monster Mail requires its customers and those that visit its website(s) to do the same. If you believe that your work has been copied on a Monster Mail-hosted site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Monster Mail’s Copyright Agent:- Your postal address, telephone number and email address;
- A detailed description of the copyrighted work that you claim has been infringed; along with the URL that contains the claimed infringing material that you are asking be removed;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of the owner of the copyright or person authorized to act on behalf of the owner.