SPAM
POLICY
Violations of the policy set forth in this document could result in
disciplinary action, which may include the termination of the offending
Independent Representative's contract.
PURPOSE OF SPAM POLICY
EMERATEL is committed to protecting the business of the Independent
Representatives and the business of the Company. Spam has the ability to cause
a disruption in both of these businesses and therefore EMERATEL has a
"zero tolerance" for spam and strictly prohibits Independent
Representatives from engaging in the act of spamming. Because EMERATEL is
committed to building its business the right way, this policy has been
developed to conform to the highest reasonable standards.
DEFINITION OF SPAM
Spamming is defined as any unsolicited, unwanted, irrelevant, or inappropriate
messages sent to individuals who have no personal, business, social or
acquaintance relationship(s) with the sender.
ESTABLISHMENT OF SPAM VIOLATION
You may not send unsolicited email that in any way implicates our service (i.e.
using EMERATEL web links in an email). This also prohibits the use of your
personalized EMERATEL URL or any derivative spelling of the word EMERATEL in
any form of unsolicited electronic communication.
Any SOLICITED mass communication (as with Opt-in e-mail lists) must contain the
required instructions for unsubscribing and removal from the list.
EMERATEL will also consider any of the following activities a violation of our
policy:
- Non compliance with any local, Provincial/State
and Federal laws regarding unsolicited commercial email
- Sending unsolicited faxes
Use of Purchased Email Lists
Should an Independent Representative choose to use purchased leads and email
lists, it is their responsibility to adhere to any applicable laws, limitations
or regulations that govern such practices.
INDEPENDENT REPRESENTATIVE LIABILITY
Although anti-spam laws have rules in place that include, but are not limited
to, the required inclusion of removal links in emails and the provision of
proper contact information, EMERATEL recognizes that compliance to any laws set
forth does not take away IRs liability for spamming. It is at our sole
discretion to establish what is to be regarded as "spam".
SPAMMING SANCTIONS
For the purposes of this policy, each report of spam is considered an offense.
EMERATEL will notify Independent Representatives of any complaint regarding
their email practices or any alleged violation of the above policies. Within
forty-eight (48) hours of notification, Independent Representatives must
respond to EMERATEL and provide any information requested including, but not
limited to, the time, date, relationship to the recipient and content of the
email.
If the Independent Representative fails to provide information that
demonstrates that the Independent Representative did not send SPAM email or
otherwise violate the above policies, EMERATEL will impose the following
sanctions:
First offense:
The Independent Representative will be assessed a fee of $100/hour for time
spent by EMERATEL researching the complaint. If the spamming activities result
in any damage, fines, or fees or cause any of the EMERATEL websites, domains,
servers or activities to be interrupted from normal operation, the Independent
Representative will be held liable for damages and loss of business. If in EMERATEL's
sole opinion the first offence is severe, we reserve the right to terminate the
IR position.
Second offense:
The Independent Representative's position will be permanently terminated and
all commissions and payouts of any kind will be permanently forfeited.
Ignorance of this policy will not be an acceptable excuse for violation and
sanctions will still apply. There are NO EXCEPTIONS to this policy.
SPAM COMPLAINTS
We apologize if you believe you have been spammed by one of our EMERATEL
Independent Representatives. Please send your complaint along with the original
message to complaince@EMERATEL.com so we can deal with this matter immediately.
FALSE SPAM COMPLAINTS
EMERATEL supports the efforts of various organizations working to correctly
eliminate spam activities. However, if an individual has opted to receive email
from an Independent Representative of EMERATEL, and then falsely or maliciously
files a spam complaint against EMERATEL or its Independent Representative, EMERATEL
will cooperate fully with the appropriate agencies in the investigation of the
incident.