No One Should Get Emails They Don’t Want
Diablo Media follows a zero-tolerance spam policy and prohibits affiliates from sending unsolicited emails in any form while using our platforms. Affiliates and Advertisers are required to comply with the following Email Guidelines (“Email Guidelines”) set forth below:
- Affiliates must comply with all applicable laws and regulations, including but not limited to the CAN-SPAM ACT and the FTC Act when promoting the offers of Diablo Media Advertisers.
- Affiliates will not use a falsified sender domain or a non-responsive IP address, and must disclose all IP addresses it uses to deploy emails in connection with Diablo Media’s Platforms.
- Affiliates shall not use or include a false or misleading subject line that attempts to disguise or conceal the content of the email.
- Affiliates shall include valid and responsive contact information, an accurate physical address, and optionally the sender’s phone number, in each email solicitation.
- Affiliates shall not send emails for the purpose (but necessarily the sole purpose) of harvesting the email addresses in order to send future unsolicited emails.
- Affiliates must obtain each recipient’s prior affirmative (‘Opt-In’) consent to receive emails via the Platform, and must be able to provide demonstrable proof that such Opt-In consent was obtained. Upon request by Diablo Media, Affiliates will promptly provide information regarding consumer responses to the email distribution and any and all records verifying that recipients consented to receive the email transmissions in question, including but not limited to, date of Opt-In, name of Opt-In individual, website from where individual Opted-In and IP address.
- Each email solicitation sent by Affiliate or Sub-Affiliate indirectly or directly on a Advertiser’s or Diablo Media’s behalf must contain a clear and reasonable method for the individual to “opt-out” of receiving further email solicitations. Acceptable methods include (i) having an unsubscribe link in each email delivered which is unique to the recipient, or (ii) having a link to a non-password protected website where the individual can ‘opt-out’ from receiving further email solicitations, and (iii) allowing the recipient to respond to a functioning return electronic email address with a message that is either blank or has ‘Unsubscribe’ in the header. In every case, the unsubscribe process must be both easy to use and effective.
- Unless otherwise directed by Diablo Media in writing, Affiliate, or any authorized Sub-Affiliates(s) shall not use Diablo Media or its represented advertisers’ names (including any abbreviation thereof) or any trademarked trade name, service mark, logo or other Company identifying information in the originating or return email address line, header or subject line of any email transmission.
- Affiliates shall not modify the Ad in any way without the prior written consent of Diablo Media.
- Upon request from Diablo Media, Affiliates shall immediately stop sending any Emails that contain a particular Ad, or that pertain to a particular Campaign.
- Affiliates are prohibited from engaging in the following: (i) altering, modifying, or otherwise changing Diablo Media’s approved subject lines without Diablo Media’s prior written approval; or, (ii) delivering an email under this Agreement with no subject line. Suggestions for new subject lines are allowed; however, any suggestions must be approved by Diablo Media prior to being included in any Affiliate emails.
- Affiliates must maintain at all times during their membership in Diablo Media, and for a period of three (3) years after any termination from Diablo Media, complete and accurate subscriber sign-up/registration data for every subscriber to Affiliate’s Email publications. Affiliate agrees that, within twenty-four (24) business hours of Diablo Media’s request, it shall provide, at a minimum, the following subscriber sign-up/registration data for any email address that Affiliates sends an email to with an Ad Select Network advertisement: (1) subscriber email address used to sign-up/register for Affiliate’s Email publication, (2) subscriber’s IP address, (3) date and time of subscriber’s sign-up/registration for Affiliate Email publication, and (4) location of subscriber’s sign-up/registration (i.e., what is the original source of the subscriber email address; where did they sign-up/register for Affiliate’s Email publication).