All products and services provided by Marketing Mavens may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local law is strictly prohibited. Member agrees to indemnify and hold harmless Marketing Mavens from any claims resulting from Member’s use of the service which damages Member or any other parties, including attorney’s fees.
Marketing Mavens will not be liable for any interruptions in service or other monetary loss related to a violation of this Acceptable Use Policy.
1. Services Provided. Marketing Mavens provides Member with web-based, increased sales and marketing trust seals, and affiliate functionality. All services provided must be used by Member in compliance with this Acceptable Use Policy.
2. Member Obligations. Member agrees to use Marketing Mavens’ services in a manner that is legal, ethical and in conformity with community standards and to respect the privacy of others. More specifically, Member agrees to abide by Marketing Mavens’ requirements governing the use of the various components of Marketing Mavens’ services, as described below.
a. E-Mail. Marketing Mavens strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called “spam”). Marketing Mavens maintains a Zero Tolerance policy against spam, be it direct, indirect, or through any affiliate or agent acting on the Member’s behalf. Members are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
b. E-commerce. Marketing Mavens provides verification of SSL certificates. Member agrees to collect all payment information on a secure page – sale forms, shopping carts, order pages, etc. Internet protocol shall begin with “https.”
c. Affiliates. Any and all of Marketing Mavens’ affiliates are bound by the terms of this Acceptable Use Policy. Member is responsible for ensuring that his or her affiliates are refraining from any unsolicited communications involving the Marketing Mavens services. Member’s failure to ensure his or her affiliates’ compliance with this Acceptable Use Policy will be found in violation of the Policy and will be subject to the penalties stated in this Policy.
e. Security. Member agrees to use SSL Encryption (minimum = 128-Bit) on pages that capture sensitive information such as Credit Card Data, Social Security Numbers or Loan Information. Internet protocol shall begin with “https.”
f. Contact Information. Member agrees to display current, valid contact information. This shall include email address, phone number and mailing address. Member agrees to contact the Marketing Mavens if any changes are made to the contact information originally submitted during the certification process.
3. Violations and Penalties. Members who fail to comply with the terms of this
Acceptable Use Policy will be subject to the following penalties, including, but not
limited to, termination of service.
a. Complaints. A $25 administration fee will be charged to Member’s account for each substantiated complaint of spam, unauthorized communication or illegal action that Marketing Mavens receives involving Member’s account. This non-refundable administration fee goes toward disputing the complaint with the complainant, gathering opt-in data and or proof of information request, and resolving the complaint. One “free” complaint per month will be allowed for each Member.
b. Notice of Complaints. Upon receiving a complaint, Marketing Mavens will notify
Member of said complaint and investigate the validity of the complaint. If Member does not take immediate remedial action to rectify the situation, Marketing Mavens may temporarily suspend Member’s service until Member has resolved the situation to Marketing Mavens’ satisfaction.
c. Disputing Complaints. After Marketing Mavens notifies Member of a complaint involving his or her account, Member will have the burden of proof to demonstrate to Marketing Mavens that the complaining individual did, in fact, agree to receive communications from Member. If Member cannot demonstrate to Marketing Mavens that the complaining individual agreed to receive communications from Member, the complaint will be deemed a “Confirmed Violation” of this Acceptable Use Policy.
d. Confirmed Violations. A $25 administration fee will apply, and termination of service may apply, in the event Marketing Mavens conclusively determines that Member sent an unsolicited communication to multiple recipients who did not agree to receive communications from Member.
e. Blatant, Widespread and/or Repeated Violations. In accordance with its Zero Tolerance Spam Policy, Marketing Mavens will immediately terminate the account of any Member found to be involved in a spam campaign or other widespread or repeated violation of this Acceptable Use Policy. Furthermore, such Member will incur a $50 penalty and all information contained in Member’s account will be forfeit, with no consideration of retrieval. Member will be held accountable for any monetary damages suffered by Marketing Mavens, sustained through contravention of this Policy. Such monetary damages may include, but are not limited to, loss of web seals and unique member page, any costs incurred securing further Web/Domain hosting and punitive damages related to lost clients and revenues due to said violation. The determination of what constitutes a “blatant, widespread and/or repeated violation” of this policy will be determined by Marketing Mavens in a reasonable manner.
4. Reservation of Rights. Marketing Mavens reserves the right to terminate Member’s account for any violation of this Acceptable Use Policy. Furthermore, Marketing Mavens reserves the following rights.
a. Questionable Practices. Marketing Mavens may terminate Member’s account if Member engages in any practice that is, in Marketing Mavens’ sole discretion, unlawful, obscene, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
b. Change of Terms and Conditions. Marketing Mavens reserves the right to change the terms and conditions of this Policy, as needed. Use of Marketing Mavens’ services by Member after said changes constitutes Member’s acceptance of the new Policy.
c. Indemnification. Member agrees to indemnify, defend and hold harmless Marketing Mavens and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.