For email and SMS marketing campaigns, Gay Ad Network ("Family Powered Networks LLC" or "Media Company") works with third-party service providers ("Messaging Partners") for list management and service provisioning. Insertion orders ("IO") are subject to Interactive Advertising Bureau's (IAB's) standard terms and conditions (Version 3.0) and the following supplemental CAN-SPAM COMPLIANCE terms and conditions.
CAN-SPAM COMPLIANCE; COMPLIANCE WITH ALL LAWS
I. Gay Ad Network and our Messaging Partners warrant that (i) each e-mail address pursuant to this Agreement has been obtained through “Affirmative Consent” as defined in the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, and all amendments thereto (the “CAN-SPAM Act”); and (ii) Messaging Partners will not engage in any conduct prohibited by the CAN-SPAM Act in connection with this Agreement, including, without limitation, e-mail harvesting, dictionary attacks or other deceptive practices.
II. Advertiser represents and warrants that it will comply with the CAN-SPAM Act and that the transmission and delivery of Advertiser's advertisements by Gay Ad Network or its Messaging Partners will comply with all local, state and federal laws regarding the sending of commercial email and does not constitute Spam.
III. If applicable, Advertiser shall provide Gay Ad Network any and all suppression lists, including, without limitation, all opt-out names specific to offers or advertisements to be sent by Gay Ad Network pursuant to the terms of this Agreement. Advertiser must provide Gay Ad Network with suppression lists (if applicable) seventy-two (72) hours in advance of any scheduled campaign deployment. For custom list management, Advertiser shall also provide Gay Ad Network with an Internet-based opt-out mechanism, such as a functioning email address or opt-out URL, as well as an address for postal opt-outs.
If a compliance issue arises related to deployment of any campaign, Gay Ad Network, in its sole discretion, shall determine whether or not the e-mail deployment complies with the CAN-SPAM Act and all applicable laws, rules and regulations and Gay Ad Network has the capacity to suspend or reject such campaign(s) deployment and may terminate services to Advertiser.