Sending Text Messages for advertising, direct or indirect Promotion, or sale of any Product is prohibited. “Text Message” means an electronic text communication sent to a cellular telephone, pager or other wireless device equipped with short message service or any similar capability, whether such message is initiated as a short message service message or as an electronic message sent to an electronic mail address and a reference to an internet domain, whether or not displayed.
Also pursuant to the Agreement, You agree, acknowledge, represent and warrant that all such Text Messages shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation regulations issued by the FTC and the FCC, the CAN-SPAM Act, the TCPA and state laws regarding anti-spam, Text Messages and Do-Not-Call Registries. Without limiting Your obligations to ClickBank, You shall not, directly or indirectly:
Send, initiate or procure the sending of a Text Message to any person or entity (“Person”) who has either not explicitly requested in writing or electronically to receive Text Messages specifically from You (“Opt-In Consent”), including without limitation for the purposes of sending unsolicited bulk Text Messages.
Fail to disclose to a Person at the time such Person provides Opt-In Consent that by providing Opt-In Consent: (i) such Person is agreeing to receive Text Messages from You and/or Your company; (ii) such Person may be charged a messaging or carrier fee for receipt of Text Messages; and (iii) how to submit a request to receive no further Text Messages from You.
Send, initiate or procure the sending of a Text Message to any Person who has requested to receive no further Text Messages from You or Your company.
Fail to (i) provide a mechanism in the Text Message that enables the recipient to submit a request to receive no further Text Messages from You (“Opt-Out Request”) (e.g. “Reply STOP to xxxx to Opt Out”); or (ii) honor any Opt-Out Request within ten (10) days of receipt of such Opt-Out Request by You; or (iii) disclose that messaging or carrier rates may apply (e.g. “Msg&Data Rates May Apply”).
Employ any false, fraudulent, misleading or deceptive information regarding Your identity and physical mailing address, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity and physical mailing address, and the intent, subject, and origin of the Text Message.
Send, initiate or procure the sending of any advertising, commercial marketing or promotional Text Message.
Send, initiate or procure the sending of any Text Message to, or collect any personally identifiable information from, any Person who is under eighteen (18) years of age.
Send, initiate or procure the sending of a Text Message to a telephone number on the National Do-Not-Call Registry (further information available at www.donotcall.gov).
Send, initiate or procure the sending of Text Messages using automatic telephone dialing systems or “autodialers,” as defined by the TCPA.
emailnsms.com reserves the right to revoke this Authorization at any time, at emailnsms.com’s sole discretion, upon written or electronic notice to You. Further, You expressly acknowledge that any Text Messages sent, initiated or procured by You that are not in full compliance with the Agreement, this Authorization and all applicable laws and regulations, are not authorized by emailnsms.com.
You shall indemnify, defend and hold harmlessemailnsms.com, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “emailnsms.com Parties”) from and against any and all damages, liabilities, claims or costs (including, without limitation, the costs of investigation and defense and reasonable attorney’ fees and litigation and court costs) (“Losses”) arising out of or resulting from Your, directly or indirectly, sending, initiating or procuring the sending of any Text Message in connection with Your use of the emailnsms.com Services, Your Product(s), or Your use of the Vendor Spotlight, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
By purchase service here, You acknowledge that You have read, understand and agree to all terms and conditions of the Agreement and this Authorization.