Bulk or Commercial Email Sample Clauses

Bulk or Commercial Email. If Client uses the hosted email for bulk or commercial email, i. the intended recipients must give their consent to receive e-mail via some affirmative means, such as an opt-in procedure; ii. Client’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; iii. Client must retain evidence of the recipient's consent in a form that may be promptly produced on request, and honor the recipient's and Crunchsoft’s requests to produce evidence of consent within 72 hours of receipt of the request; iv. Client must have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; v. Client must honor revocations of consent within 48 hours, and notify recipients that the revocation of their consent will be implemented in 48 hours; vi. Client must post an email address for complaints (such as ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇) in a conspicuous place on any website associated with the email, must register that address at ▇▇▇▇▇.▇▇▇, and must promptly respond to messages sent to that address; vii. Client must have a privacy policy posted for each domain associated with the mailing; viii. Client must have the means to track anonymous complaints; ix. Client must not obscure the source of its e-mail in any manner and must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail; x. Client must not attempt to send any message to an email address if three (3) consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
View SourceView Similar (3)
Bulk or Commercial Email. If Client uses the hosted email for bulk or commercial email, Client understands and agrees that Client, or Crunchsoft, on Client’s behalf, may be required to add additional bulk or commercial email services if Client’s usage exceeds the initial allotted usage. Client shall be responsible for all fees and charges incurred with such bulk and commercial email usage additions. Additionally, with respect to bulk or commercial email services, the Client must comply with, and cause its Affiliates to comply with, the following: i. the intended recipients must give their consent to receive e-mail via some affirmative means, such as an opt-in procedure; ii. Client’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given; iii. Client must retain evidence of the recipient's consent in a form that may be promptly produced on request, and honor the recipient's and Crunchsoft’s requests to produce evidence of consent within 72 hours of receipt of the request; iv. Client must have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; v. Client must honor revocations of consent within 48 hours, and notify recipients that the revocation of their consent will be implemented in 48 hours; vi. Client must post an email address for complaints (such as ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇) in a conspicuous place on any website associated with the email, must register that address at ▇▇▇▇▇.▇▇▇, and must promptly respond to messages sent to that address; vii. Client must have a privacy policy posted for each domain associated with the mailing; viii. Client must have the means to track anonymous complaints; ix. Client must not obscure the source of its e-mail in any manner and must include the recipient's e- mail address in the body of the message or in the "TO" line of the e-mail; x. Client must not attempt to send any message to an email address if three (3) consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
View SourceView Similar (2)

Related to Bulk or Commercial Email

  • Commercial Supply i) Not later than ** before the anticipated first commercial sale of the Licensed Product in the Licensed Territory, the Parties shall commence good faith negotiations of a commercial supply agreement that shall govern the supply of Commercial Product to SymBio (the “Commercial Supply Agreement”), with a goal of entering into the Commercial Supply Agreement no later than ** prior to the anticipated first commercial sale of the Licensed Product in the Licensed Territory. Pursuant to the Commercial Supply Agreement, Onconova shall be obligated, by itself or through its Third Party contract manufacturer, to supply to SymBio, and SymBio shall be required to purchase, all quantities of the Commercial Product required by SymBio to commercialize the Licensed Product in the Licensed Territory. Such Commercial Supply Agreement shall be consistent with the terms set forth in this Article 5, and shall include customary and reasonable terms and conditions commonly accepted in the pharmaceutical industry for supply of similar products at similar scale. Without limiting the foregoing, the Commercial Supply Agreement shall contain rights for SymBio to audit the Actual Unit Cost periodically, an obligation for the Parties to enter into a quality agreement, backup rights for SymBio to manufacture Licensed Products and rights for SymBio to inspect facilities used to manufacture Commercial Product. ii) Pursuant to the Commercial Supply Agreement, Onconova shall supply SymBio with the Commercial Product meeting the relevant Specifications, at a price equal to the “▇▇▇▇ Up,” which shall be defined as Onconova’s Actual Unit Cost for the Commercial Product plus **, provided that (i) in no event shall the ▇▇▇▇ Up exceed **, and further provided that in no event shall the sum of the price for supply of the Commercial Product to SymBio and the royalty payable pursuant to Section 15 with respect to the Commercial Product exceed **. The foregoing calculations shall be based on the average Japan Net Selling Price and U.S. Net Selling Price calculated for all units of Commercial Product sold in the calendar quarter preceding the calendar quarter in which Onconova invoices SymBio for Commercial Product. With respect to any supply of Commercial Product prior to the period during which the U.S. Net Selling Price and/or Japan Net Selling Price can be calculated, the Parties shall use an estimated U.S. Net Selling Price and/or Japan Net Selling Price, as applicable, for purposes of calculating the ▇▇▇▇ Up.

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence: a. The Commissioner may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or b. The Contractor will make commercially reasonable efforts to provide Authorized Users with access to Products first in order to fulfill orders placed before the Force Majeure event occurred. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during the occurrence of the Force Majeure event. Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a Force Majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss. Failure of the Contractor to agree to any adjustment shall be a dispute under the Disputes clause; provided however, that nothing in this clause shall excuse the Contractor from performing in accordance with the Contract as changed.

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

  • Normal Commercial Relations Anything contained in this Trust Indenture to the contrary notwithstanding, the Owner Trustee, the Indenture Trustee, any Participant or any bank or other Affiliate of such Participant may conduct any banking or other financial transactions, and have banking or other commercial relationships, with Lessee, fully to the same extent as if this Trust Indenture were not in effect, including without limitation the making of loans or other extensions of credit to Lessee for any purpose whatsoever, whether related to any of the transactions contemplated hereby or otherwise.

  • Preference for domestically manufactured goods The provisions of paragraphs 2.54 and 2.55 of the Guidelines and Appendix 2 thereto shall apply to goods manufactured in the territory of the Borrower.