ANTI-SPAM POLICY
for www.collarspace.com
This website adopts the following Anti-SPAM Policy,
effective August 14th, 2007:
I.
Preamble
The following SPAM Policy pertains to the website Collarspace.com
(hereinafter “COLLARSPACE”). COLLARSPACE subscribes to a
strict “No SPAM” Policy as exhibited and explained by
this Policy. COLLARSPACE will not profit from, nor allow anyone
else to profit from SPAM of any kind. COLLARSPACE will
terminate any and all relationships with any entity producing illegal
SPAM, and COLLARSPACE will cooperate with law enforcement to see to it
that illegal SPAMmers are prosecuted to the fullest extent of the
law.
A. Who should read
and follow this Policy:
If You have any relationship, whatsoever, to COLLARSPACE, You must,
as a condition of a continued relationship with COLLARSPACE, read and
familiarize Yourself with this Policy and follow it in its entirety.
B.
Parties addressed in this Policy:
The Parties addressed in this Policy are:
1)
COLLARSPACE., d/b/a www.collarspace.com,
which may also be referred to as “COMPANY” or “COLLARSPACE”
or “We,” “Us,” “Our,” or similar
syntax.
2)
All Affiliates or Members of the websites, www.collarspace.com,
which may also be referred to as “SITE.”
3)
Any other COLLARSPACE Affiliate(s), employee(s), contractor(s),
servant(s), or agent(s), which may also be referred to commonly as
“Affiliate” or “You/Your” or through similar
syntax. The existence of one of the aforementioned
relationships to Us neither creates nor implies the existence of
another.
II. ZERO
TOLERANCE FOR
UNSOLICITED E-MAIL
or Other Terms of Bulk Communication
We consider any Dissemination of unsolicited commercial email
(i.e., “SPAM”) to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk
email under certain tightly regulated conditions, We have elected to
impose a stricter, total SPAM ban policy, for all affiliates and
promoters of this website. This means that Affiliates are
prohibited from engaging in any bulk email promotions to
disseminate their profiles or any other information about
www.collarspace.com, regardless
of how the recipient email addresses are acquired, generated or
obtained. This also means that use of opt-in, double opt-in, or
any form of email address recipient list is likewise prohibited,
regardless of whether such activities are otherwise permitted by
state or federal law.
Any violation of this strict Anti-SPAM Policy will be grounds for
immediate termination and forfeiture of all unpaid commissions or
entitlement thereto. We reserve the right to audit and investigate
compliance with the Anti-SPAM Policy at any time, with or without
notice.
We are committed to stemming the flow of SPAM that is prohibited
by law. However, Our commitment to eliminating SPAM goes much
further than what the law requires. SPAM, in all its
forms, is annoying and burdensome, and is inconsistent with Our
corporate policies. Consistent with this commitment and Our
policies, We prohibit types of SPAM that have not yet been
contemplated by the law including, but not limited to, the following:
A. MySpace SPAM;
B. “Spim”or instant messenger SPAM;
C. SPAMming of Internet newsgroups;
D.
SPAMming on Craigslist or other classified services, except in areas
designated for such use;
E.
SPAM in the
images of emails, or in portable document format (PDF) attachments,
or in forms data format (FDF);
F. Use of any
‘personals’ service to SPAM other members; and
G. Any other method
of SPAMming.
In short, if You are sending a message to a recipient who does not
know You in some capacity, You may not send any information about us
to them. If You are posting an advertisement somewhere that has
Our COMPANY information in it, that advertisement must be “on
topic” and properly listed.
III.
INDEMNIFICATION
All affiliates, agents, employees or other promoters using any
form of electronic commercial mail promotion in violation of this
policy agree to indemnify and hold Us harmless from any and all
claims, charges, counts, debts, suits or other allegations arising
from violations of the Act, or other applicable laws regulating
transmission of commercial email. COLLARSPACE shall provide
immediate notice of any and all such claims, however the SITE shall
select its own attorneys to defend such claims, at the sole and
exclusive expense of the affiliate, agent, employee or promoter
responsible for the alleged violation.
IV. AUDITS
You agree to cooperate in periodic audits of any of Your activity
taken without any right to advance notice. In the event we
request it, You agree to make available to Us, any and all
promotional materials and communications used to market Our services
or Your profile or any other matters relating to www.collarspace.com,
within the last two (2) years. You further agree to provide any
information relating to such promotions, including but not limited to
email addresses, lists, names, times & dates of transmission, IP
addresses, servers, mail systems, software devices, compliance
methods, and any other such information reasonable and necessary to
conduct an audit of promotional activities. Failure to
cooperate in such an audit shall constitute grounds for termination
of Our relationship, for cause.
V.
INCORPORATION BY
REFERENCE
This SPAM Policy is hereby incorporated by reference into any
Affiliate Agreement. By continuing to avail oneself of the
benefits and obligations of membership, all members thereby
acknowledge the applicability and enforceability of these provisions
as part of any existing Affiliate Agreement. By continuing to
perform under an existing Affiliate Agreement, after receipt of
notice of this SPAM Policy, member thereby manifests his or her
assent to these terms. All remaining terms contained in an
existing Affiliate Agreement, not inconsistent herewith, shall remain
in full force and effect.
A.
www.collarspace.com will
immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any SPAM
or other unsolicited bulk email. In addition, because damages are
often difficult to quantify, if actual damages cannot be reasonably
calculated then You agree to pay www.collarspace.com
liquidated damages of five-dollars ($5.00) for each piece of SPAM or
unsolicited bulk email transmitted from or otherwise connected with
Your account, otherwise You agree to pay www.collarspace.com’s
actual damages, to the extent such actual damages can be
reasonably calculated, unless otherwise specified in this Agreement
or the SITE’s SPAM Policy.
B.
Stipulated Liquidated Damages
i. In
various provisions in this Agreement, We have outlined liquidated
damages amounts to be applied as penalties against You if You violate
these specific provisions. You specifically agree to pay these
amounts. In agreeing to pay liquidated damages, you acknowledge
that this amount is not a penalty, that the actual damages are
uncertain and difficult to ascertain, but that this amount represents
the parties’ good faith attempt to calculate an appropriate
compensation based on anticipated actual damages.
ii.
For any breach of a portion of this Agreement that does not
specifically state a liquidated damages amount, You hereby agree that
any breach of this Agreement shall result in liquidated damages of
$500.00 per occurrence. You specifically agree to pay this
$500.00 in liquidated damages.
iii.
If We are required to enlist the assistance of an Attorney or other
person to collect any liquidated damages or any other amount of money
from You, or if We are required to seek the assistance of an Attorney
to pursue injunctive relief against You, then You additionally agree
that You will reimburse Us for all fees incurred in order to collect
these liquidated damages or in order to seek injunctive relief from
You. You understand that even a nominal amount of damages may
require the expenditure of extensive legal fees, travel expenses,
costs, and other amounts that may dwarf the liquidated damages
themselves. You agree that You will pay all of these fees and
costs.
This policy was
prepared by Derek Brett, Burnside Law Group,
.