ADDENDUM A - CAN-SPAM ACT
ALL AFFILIATION PROGRAM PARTICIPANTS THAT SEND COMMERCIAL E-MAILS AND SEXUALLY-ORIENTED E-MAILS

PLEASE BE AWARE THAT THE UNITED STATES CONGRESS RECENTLY ENACTED NEW ANTI-SPAM LEGISLATION, ENTITLED THE "CAN-SPAM ACT of 2003" (the "ACT") THAT WILL AFFECT HOW YOU SEND E-MAIL MESSAGES UNDER THIS SITE'S AFFILIATION PROGRAM. AS A RESULT OF THIS NEW LAW, WHICH BECAME EFFECTIVE JANUARY 1, 2004, ANY PROGRAM PARTICIPANT THAT SENDS COMMERCIAL E-MAILS ADVERTISING COMPANY'S PRODUCTS AND SERVICES TO ANY U.S. RECIPIENT MUST COMPLY AS FOLLOWS:

SOLICITED COMMERCIAL E-MAILS. ANY UNSOLICITED COMMERCIAL E-MAIL ADVERTISING THE COMPANY'S PRODUCTS AND SERVICES MUST INCLUDE THE FOLLOWING:

  • CLEAR AND CONSPICUOUS IDENTIFICATION OF THE MESSAGE AS AN "ADVERTISEMENT" OR "SOLICITATION."

  • NOTICE THAT THE E-MAIL RECIPIENT MAY CHOOSE NOT TO RECEIVE ADDITIONAL E-MAILS REGARDING THE COMPANY'S SERVICES AND PRODUCTS.

  • A RETURN E-MAIL ADDRESS OR OTHER EFFECTIVE INTERNET MECHANISM THE E-MAIL RECIPIENT MAY USE TO NOTIFY YOU THAT IT DOES NOT WISH TO RECEIVE ADDITIONAL E-MAILS REGARDING THE COMPANY'S PRODUCTS AND SERVICES. PER THE STATUTE'S REQUIREMENT, THE "OPT-OUT" MECHANISM MUST BE AVAILABLE FOR AT LEAST 30 DAYS AFTER THE TRANSMISSION OF THE ORIGINAL E-MAIL AND YOU OR ANY PARTY WORKING ON YOUR BEHALF MUST HONOR ANY SUCH OPT-OUT REQUESTS WITHIN 10 DAYS OF THE REQUEST.

  • YOU MAY NOT SELL OR OTHERWISE TRANSFER TO ANYONE ELSE THE E-MAIL ADDRESSES OF THOSE PERSONS CHOOSING NOT TO RECEIVE ADDITIONAL E-MAILS.

  • E-MAIL MESSAGES CONTAINING SEXUALLY ORIENTED MATERIAL MUST INCLUDE A WARNING LABEL OF SUCH IN THE SUBJECT HEADING. YOU MUST ALSO INDICATE THAT UNLESS THE RECIPIENT TAKES FURTHER ACTION TO VIEW THE SEXUALLY ORIENTED MATERIAL, THE MESSAGE INITIALLY VIEWABLE TO THE RECIPIENT WHEN THE E-MAIL IS OPENED INCLUDES ONLY THE WARNING LABEL AND INSTRUCTIONS ON HOW TO ACCESS, OR A MECHANISM TO ACCESS, THE SEXUALLY ORIENTED MATERIAL.
  • ALL COMMERCIAL E-MAILS. YOU ARE PROHIBITED FROM SENDING ANY SOLICITED OR UNSOLICITED COMMERCIAL E-MAILS ADVERTISING COMPANY'S SERVICES AND PRODUCTS THAT CONTAIN THE FOLLOWING
  • FALSE OR MISLEADING HEADER INFORMATION.
  • HEADER INFORMATION THAT IS TECHNICALLY ACCURATE, BUT INCLUDES AN ORIGINATING E-MAIL ADDRESS, DOMAIN NAME OR IP ADDRESS OBTAINED THROUGH FALSE OR FRAUDULENT MEANS.

  • HEADER INFORMATION THAT FAILS TO ACCURATELY IDENTIFY THE COMPUTER USED TO ORIGINATE THE MESSAGE IN AN ATTEMPT TO DISGUISE THE ORIGIN OF THE E-MAIL.

  • FALSE OR MISLEADING SUBJECT HEADINGS
  • PROHIBITED COMMERCIAL ACTIVITIES. YOU ARE PROHIBITED FROM ENGAGING IN THE FOLLOWING PREDATORY AND ABUSIVE COMMERCIAL ACTIVITIES:
  • SENDING COMMERCIAL E-MAIL MESSAGES USING E-MAIL ADDRESSES OBTAINED THROUGH AN AUTOMATED MEANS FROM AN INTERNET WEBSITE OR PROPRIETARY ONLINE SERVICE OPERATED BY ANOTHER PERSON WHO HAD AGREED NOT TO GIVE, SELL OR OTHERWISE TRANSFER THE RECIPIENTS' INFORMATION TO ANOTHER PARTY.

  • SENDING COMMERCIAL E-MAIL MESSAGES USING E-MAIL ADDRESSES OBTAINED THOUGH AN AUTOMATED MEANS THAT GENERATES POSSIBLE ELECTRONIC MAIL ADDRESSES BY COMBINING NAMES, LETTERS OR NUMBERS INTO NUMEROUS PERMUTATIONS.

  • USING A COMPUTER WITHOUT AUTHORIZATION TO SEND E-MAIL MESSAGES THAT VIOLATE THE ANTI-SPAM LAW.

  • USING A COMPUTER TO RELAY OR RETRANSMIT E-MAIL MESSAGES, WITH THE INTENT TO DECEIVE OR MISLEAD RECIPIENTS, OR ANY INTERNET ACCESS SERVICE, AS TO THE ORIGIN OF SUCH MESSAGES.

  • USING A SCRIPT OR OTHER AUTOMATED MEANS TO REGISTER FOR E-MAIL ACCOUNTS OR ONLINE USER ACCOUNTS FROM WHICH COMMERCIAL E-MAIL ADVERTISEMENTS THAT VIOLATE THE U.S. ANTI-SPAM LAW WILL BE FORWARDED.
  • THE ABOVE-MENTIONED REQUIREMENTS WILL BE INCORPORATED INTO AND ARE IN ADDITION TO COMPANY'S EXISTING ANTI-SPAM POLICIES AS SET FORTH IN THE COMPANY AFFILIATE PROGRAM AGREEMENT. BY CLICKING THE ACCEPT BUTTON HEREIN-BELOW, YOUR ARE AGREEING THAT YOUR HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN-ABOVE. PLEASE NOTE THAT THE INFORMATION PROVIDED IN THIS POSTING IS NOT LEGAL ADVICE. YOU AND YOUR LEGAL COUNSEL ARE RESPONSIBLE FOR READING AND INTERPRETING THE ANTI-SPAM LAW ON YOUR OWN (CLICK HERE TO ACCESS LINK TO LAW, http://www.spamlaws.com/federal/108s877.html).

    YOUR COMPLIANCE WITH THE CAN-SPAM ACT IS AN EXPRESSED CONDITION OF YOUR BECOMING AND/OR CONTINUING TO BE AN AFFILIATE OF THE COMPANY. FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OR THE LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT. IT BEING UNDERSTOOD THAT IT IS DIFFICULT, IF NOT IMPOSSIBLE FOR COMPANY TO ASCERTAIN THE PRECESE AMOUNT OF DAMAGES IT WILL SUFFER AS A RESULT OF YOUR BREACH OF THE TERMS CONTAINED IN THIS ADDENDUM, IT IS UNDERSTOOD THAT ANY COMMISSION EARNINGS ACCRUED TO DATE MAY BE RETAINED BY COMPANY AS LIQUIDATED DAMAGES IN THE EVENT OF ANY SUCH BREACH. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS, AS WELL AS ITS AGENTS AND AFFILIATED COMPANNIES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY BREACH OF YOUR OBLIGATIONS CONTAINED HEREINABOVE.

    ADDENDUM B

    TO: ALL AFFILIATION PROGRAM PARTICIPANTS THAT SEND COMMERCIAL E-MAILS AND SEXUALLY-ORIENTED E-MAILS

    PLEASE BE AWARE THAT THE UNITED STATES CONGRESS HAS JUST ISSUED ITS FINAL RULE (the "FINAL FTC RULE") IN CONNECTION WITH "CAN-SPAM ACT of 2003" (the "ACT") THAT WILL AFFECT HOW YOU SEND E-MAIL MESSAGES UNDER THIS SITE'S AFFILIATION PROGRAM. WHICH BECOMES EFFECTIVE MAY 19, 2004.

    ANY PROGRAM PARTICIPANT THAT SENDS COMMERCIAL E-MAILS ADVERTISING COMPANY'S PRODUCTS AND SERVICES TO ANY U.S. RECIPIENT MUST COMPLY WITH THE FTC FINAL RULE WHEN SENDING SEXUALLY ORIENTED EMAILS TO PROMOTE OUR PRODUCTS AS FOLLOWS:

    1. The exact phrase "SEXUALLY-EXPLICIT:" must be contained in capital letters as the first 19 characters at the beginning of the subject line. This phrase in the subject line must be in ASCII format;
    2. The exact phrase "SEXUALLY-EXPLICIT:" must be in capital letters as the first 19 characters in the "brown paper wrapper" area of the email message. The Brown Paper Wrapper refers to the opening portion of the e-mail that is immediately visible to the recipient, without scrolling down or taking any other affirmative steps to view the message. Sexually explicit material can be displayed beneath the "brown paper wrapper" area of the email message or accessible by clicking on a ling;
    3. A valid postal address must be displayed in the "brown paper wrapper" area of the email message. You must include the following information in this section: "This offer was sent on behalf of __________(name and address of affiliate must appear in the blank space);
    4. In addition, , the "brown paper wrapper" area must indicate that the message itself is an advertisement or solicitation, and contain an e-mail address that the recipient can reply to declining any further commercial e-mail messages from the sender;
    5. As CAN SPAM covers both visual images as well as the written word, the subject line must not contain text with written descriptions of Sexually Explicit Conduct. Also the "brown paper wrapper" area of the email message must not contain Materials with Sexually Explicit Conduct. Sexually Explicit Conduct means actual or simulated sexual intercourse [including genital-genital, oral-genital, anal-genital, or oral-anal, whether heterosexual or homosexual]; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of a human being.

    THE ABOVE-MENTIONED REQUIREMENTS WILL BE INCORPORATED INTO AND ARE IN ADDITION TO COMPANY'S EXISTING ANTI-SPAM POLICIES AS SET FORTH IN THE COMPANY AFFILIATE PROGRAM AGREEMENT. BY CLICKING THE ACCEPT BUTTON HEREIN-BELOW, YOUR ARE AGREEING THAT YOUR HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS SET FORTH in this ADDENDUM B HEREIN-ABOVE. PLEASE NOTE THAT THE INFORMATION PROVIDED IN THIS POSTING IS NOT LEGAL ADVICE. YOU AND YOUR LEGAL COUNSEL ARE RESPONSIBLE FOR READING AND INTERPRETING THE ANTI-SPAM LAW ON YOUR OWN (CLICK HERE TO ACCESS LINK TO LAW, http://www.spamlaws.com/federal/108s877.html).

    YOUR COMPLIANCE WITH THE CAN-SPAM ACT IS AN EXPRESSED CONDITION OF YOUR BECOMING AND/OR CONTINUING TO BE AN AFFILIATE OF THE COMPANY. FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OR THE LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT. IT BEING UNDERSTOOD THAT IT IS DIFFICULT, IF NOT IMPOSSIBLE FOR COMPANY TO ASCERTAIN THE PRECESE AMOUNT OF DAMAGES IT WILL SUFFER AS A RESULT OF YOUR BREACH OF THE TERMS CONTAINED IN THIS ADDENDUM, IT IS UNDERSTOOD THAT ANY COMMISSION EARNINGS ACCRUED TO DATE MAY BE RETAINED BY COMPANY AS LIQUIDATED DAMAGES IN THE EVENT OF ANY SUCH BREACH. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS, AS WELL AS ITS AGENTS AND AFFILIATED COMPANNIES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY BREACH OF YOUR OBLIGATIONS CONTAINED HEREINABOVE.