SPAM POLICY
Our Website, www.universalpass.com, (hereinafter "Site" or "we"),
adopts the following Spam Policy, (or "Policy"), governing the transmission of
unsolicited email by the Site, or on the Site's behalf:
I. Introduction
This Spam Policy was adopted pursuant, and is intended to be compliant with, the
"Controlling the Assault of Non-Solicited Pornography and Marketing Act of
2003," or the "CAN-SPAM Act of 2003," (hereinafter "the Act" or
"the CAN-SPAM Act"). Any and all prior statements of policy relating to
unsolicited email made by the Site in writing or otherwise, are hereby rescinded and
replaced by this Policy.
The Site respects the right of consumers to control the flow of unsolicited email into
their computer inboxes. We therefore strictly enforce a "No Illegal Spam"
Policy. Any affiliate, promoter, employee, contractor or agent of this Site caught
violating this Policy will be immediately terminated, forfeit all unpaid commissions, and
may be reported to law enforcement authorities. Our strong preference is to avoid any
promotion that relies upon unsolicited email in any form. All promotions should instead
utilize verifiable, opt-in recipients and address lists. However, all email promotions are
required to comply with the specifics set forth herein.
II. Effective Date
The Site will be strictly enforcing this new Spam Policy effective Midnight, E.S.T.,
December 31, 2003.
III. Types of Commercial Messages Covered by This Policy
Any form of bulk electronic message transmission, whether through email or other
technological means, are considered Spam, and therefore covered by this Policy. This
includes newsgroup postings, chat room messages and other similar message delivery
systems.
IV. Unsolicited Email Policy
The following requirements apply to the transmission of unsolicited email promoting,
mentioning, or relating to this Site:
A. The header must contain no false or misleading transmission information, and must not
contain any IP Address, domain name or email address that was obtained by means of false
or fraudulent pretenses or representations.
B. The header information must clearly state if another computer is used to relay or
retransmit the message, thus disguising its origin.
C. The message must not contain deceptive subject lines that mislead the recipient about
any material fact regarding the contents or subject matter of the message.
D. The message must include a return address or comparable mechanism to allow the
recipient the opportunity to request not to receive future commercial electronic mail
messages from the sender at the address where the electronic mail was received
(hereinafter "opt out device"). The return email address in the opt out device
must be capable of receiving such removal messages or communications for no less than
thirty (30) days after the transmission of the original message. No additional commercial
electronic mail messages may be sent to an individual who has indicated his or her desire
not to receive such messages from the sender. This prohibition also applies to any person
acting on behalf of the sender. Moreover, the sender shall not sell, lease, exchange or
otherwise transfer or release the electronic mail address of the recipient who has
indicated such desire to stop receiving such messages, other than messages transmitted for
compliance with the Act or other provision of law.
V. Opt-In Only Policy
In order to utilize the requirements of this section, the recipient of the bulk electronic
messages must have consented to receive the email, either through a clear and conspicuous
request for such consent, or at the recipient's own initiative. Alternatively, the
recipient's affirmative consent can be obtained from a third party if the recipient
communicated such consent, and was given clear and conspicuous notice at the time the
consent was communicated that the recipient's electronic mail address could be transferred
to the third party for the purpose of initiating commercial electronic mail messages.
Although the preceding requirements applicable to unsolicited email shall serve as a
guideline for all email promotions, the following mandatory provisions apply to opt-in
only email transmissions:
A. Messages must not deceive or mislead recipients.
B. Messages must not contain falsified header information.
C. Messages must not contain false or misleading subject lines.
VI. Special Requirements for Sexually-Oriented Email
The following special requirements apply to unsolicited electronic mail containing
sexually-oriented material.
A. The subject line must contain the terms "SEXUALLY EXPLICIT" as required by
Rules adopted by the Federal Trade Commission ("FTC") in consultation with the
Attorney General in April, 2004.
B. Such messages may only initially contain, absent any further actions by the recipient,
the mandatory information for unsolicited emails listed in Section IV and instructions how
to access, or a mechanism designed to access (such as a hyperlink) the sexually-oriented
material. In other words, and for avoidance of doubt, no sexually-oriented images,
drawings or other depictions are permitted to be contained within unsolicited
adult-oriented spam. Any affiliate, agent, employee or promoter caught violating this
provision will be immediately terminated from the Site's program, and all commissions then
earned but unpaid shall be forfeited.
C. Such messages shall also contain such marks, notices or disclaimers required by the
FTC, in consultation with the Attorney General, as identified in any rules or regulations
promulgated and published in the Federal Register within the time frame contained in the
Act, i.e. one-hundred twenty (120) days from January 1, 2004.
VII. Indemnification
All affiliates, agents, employees or other promoters using any form of electronic
commercial mail promotion agree to indemnify and hold this Site 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. The Site 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.
VIII. Incorporation by Reference
This Spam Policy is hereby incorporated by reference into any Affiliate Agreement in place
and utilized by the Site. By continuing to avail oneself of the benefits and obligations
of affiliate promotion, all affiliates thereby acknowledge the applicability and
enforceability of these provisions as part of the existing Affiliate Agreement. By
continuing to perform under the Affiliate Agreement, after receipt of notice of this Spam
Policy, Affiliate thereby manifests his or her assent to these terms. All remaining terms
contained in the Affiliate Agreement, not inconsistent herewith, shall remain in full
force and effect.
IX. Resources
A. To report any violation of this Policy, please contact our compliance department at webmaster@universalpass.com
B. To Read the CAN-SPAM law, click here: http://www.adultindustryupdate.com/archives/CAN-SPAM%20Act.pdf
C. Federal Trade Commission Website: www.ftc.gov
Please direct all questions to clydedewitt@wgdlaw.com