Travis ASM - Affiliate Program

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Terms and Conditions

To be an authorized affiliate of TRaViS ASM, you agree to abide by the terms and conditions contained in this agreement.

Please read this agreement carefully before registering and using the TRaViS ASM service as an affiliate. 

By signing up for the TRaViS ASME affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

TERMS OF USE
These Terms of Use (“Agreement”) are between Seron Security, LLC (“Seron”) and the entity identified in the Order Form (“Customer”) on the date indicated on the Order Form (“Effective Date”). If Customer does not agree to the terms of this Agreement, it’s advised they do not order or use Seron services.

1. Definitions (unless otherwise defined herein all capitalized terms shall have the meaning set forth in this Section 1).
“Acceptable Use Policy” means the rules associated with the use of all Seron Services.
“Customer Content” means any and all information provided to Seron owned, legally acquired, or created by Customer or Customer’s customer in connection with the access and use of Services.
“License” means the rights granted by Seron to use, access, display, run and/or otherwise interact with Services.
“Order Form” means the form Customer completes and submits to Seron to order Services.
“Privacy Policy” means the commitment Seron makes with respect to Customer Content and privacy.
“Service” means Security Services and Products that are utilized to perform these services, and any other Services made available to Customer under this Agreement.
“Service Level Agreement” means service level agreements representing certain commitments Seron makes pertaining to offered Services, which can be located at SLA page.
“Term” has the meaning set forth in Section 3a of this Agreement.

2. License to Use Services
a. License to Customer – Subject to the terms of this Agreement, Seron grants Customer a non-exclusive, non-assignable, non-sublicensable, royalty-free, limited right to access and use Services during the Term of this Agreement.

b. Customer License to Seron
Subject to the terms of this Agreement Customer hereby grants Seron the right to use and access Customer Content solely in connection with providing Services to Customer, during the Term of this Agreement. To the extent Customer Content contains materials supplied by third parties, Customer hereby also grants to Seron a license to use and access such Customer Content for pursuant to the terms of this Section 2(b). Seron reserves all rights not expressly granted.

c. Limitations on Use
Customer shall not reverse engineer, decompile or disassemble any Service. Customer shall not rent, lease, lend, resell, or host to or for third parties any Services.

d. Internet Protocol (IP) Address Ownership
Seron may assign Customer a Dedicated Internet Protocol (“IP”) address in connection with Services. Seron shall maintain and manage all IP addresses that may be assigned to Customer by Seron. Further Seron reserves the right to change or remove any and all such IP addresses, in its sole and absolute discretion. Customer shall have no right to use that IP address except as permitted by Seron in its sole and absolute discretion in connection with the Services, during the Term of this Agreement.

e. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes specified on the Order Form (the “Agreed Usage”). Seron will monitor Customer’s bandwidth and disk usage. Seron shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional fees, disconnection or discontinuance of any and all Services, or termination of this Agreement. If Seron, in its sole and absolute discretion, takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

f. Ownership
Seron owns various intellectual property and technology rights associated with the delivery of Services to Customer. Customer’s rights with respect to the foregoing are limited to the rights to use Services that are granted under this Agreement. Seron does not license or transfer to Customer, Customer’s customers, or any other third party any of Seron’s technology or other intellectual property rights. All rights, title, and interest in Services, copyright, trade secret, trademark, service mark shall remain solely with Seron at all times. All Customer Content used, accessed and processed by Seron shall retain ownership of its origin as specified by law.

3. Term, Termination, Cancellation Policy
a. The initial term of this Agreement shall commence on the Effective Date and continue for the period set forth in the Order Form (the “Initial Term”) unless otherwise terminated pursuant to the terms set forth below. After the Initial Term, this Agreement shall automatically renew for a period of time equal to the Initial Term unless either party provides thirty (30) days written notice indicating its intent not to renew this Agreement. The Initial Term and all successive renewal periods shall be referred to as “Term.”

b. Customer’s failure to timely pay Seron any amounts due under for Services constitutes a material breach of this Agreement. If Customer has failed to cure such a breach within thirty (30) days following the date payment is due, Seron may, in its sole discretion and without limitation of any of its other rights and remedies, terminate this Agreement and suspend use of Services.

c. During the course of any communication with staff or other members, Customer must make all attempts to remain professional and respectful. Violation of this regardless of the chat medium used may result in the immediate termination of Customer account, without advance notice and without the right to any refunds for unused service(s).

d. Seron may immediately and without notice, if Seron, in its sole discretion, determines that: (i) Customer’s use of the Services disrupts or, could disrupt, Seron’s business operations and/or negatively impact other customers (ii) Customer use of Services or one of Customer’s customers use of Services is violation of any law.

e. In the event this Agreement is terminated pursuant to Sections 3(b)(d) by Seron or by Customer pursuant to Section 2(c); Customer is still obligated to pay fees for the Term identified in the Order Form and for any additional periods Customer agreed to use Services. Seron shall invoice Customer and Customer shall pay the remaining unpaid balance to Seron within thirty (30) days of the invoice date.

f. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(e)(f), 7, 8, 9, 11, 12, 13, 14, and 15 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement.

4. No duty to provide access to Customer Content upon termination
Upon termination of this Agreement, suspension or cancellation of services, Customer may no longer have access to customer content or use of services.

5. Customer’s Responsibilities
a. Customer shall ensure that all information provided under this Agreement is current and accurate. This includes all contact, billing, domain name and other information Seron needs to provide Services to Customer. Customer will immediately notify Seron of any change in Customer’s mailing address, telephone, e-mail or other contact information.

b. Customer will cooperate fully with Seron in connection with Seron’s performance of the Services. Customer must provide any resources – manpower, equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations may impair Seron’s ability to provide Services to Customer.

c. Customer assumes full responsibility for providing its customer with any required disclosure or explanation of the various features of the Customer’s own product offerings and any goods or services described therein, as well as any rules, terms or conditions of use. Further Customer is solely responsible for any and all Customer Content electronically transmitted, uploaded or used on Customer website. Customer shall be fully responsible for uploading all Customer Content to the Customer’s website and supplementing, modifying and updating the same.

d. Seron shall not be responsible for any damages to the Customer Content, the Customer’s website or other damages or any malfunctions or service interruptions caused by Customer’s failure to meet the hardware and software requirements specified by Seron.

e. Customer shall maintain a separate backup file of all Customer Content used in connection with Services during the Term of this Agreement.

f. Customer is ultimately responsible for all actions relating to use of Services. This includes the compromise of credentials such as user name and password. Customer is required to use a secure password. Seron, in its sole discretion, reserves the right to perform audits of customer passwords to prevent weak passwords from being used. Seron reserves the right to change Customer passwords that have been identified as weak. Seron will notify Customer of such change and forward the new more protective password to Customer. Customer’s account may be suspended until a more secure password is produced and used.

6. Customer Representations and Warranties
a. Customer hereby represents and warrants to Seron, and agrees that during the Term thereafter Customer will ensure that:

Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Seron to pay any fees, residuals, guild payments or other compensation of any kind to any person.

Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated.

Customer will comply with all applicable laws, rules and regulations regarding Customer Content and the Customer’s website and will use Services only for lawful purposes.

Customer shall use best efforts to ensure that Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

b. Customer shall be solely responsible for the development, operation and maintenance of Customer’s content and materials appearing online or on Customer’s accessible interfaces, including, without limitation:

The accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products

The Customer Content and content and materials of its products do not violate or infringe upon the rights of any person

The Customer Content and the content and materials are not defamatory or otherwise illegal.

7. Confidentiality
Seron and Customer shall treat the terms and conditions of this Agreement as confidential and shall not disclose them to any third party except in the furtherance of the parties’ business relationship with each other or as required by court order.

8. Billing and Payment
a. Each month Customer shall be invoiced or paid for Services as set forth in the Terms of Use.

b. Seron may change the Service fees at any time after expiration of the Initial Term by providing thirty (30) days prior written notice thereof to Customer.

c. Service fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. Any such taxes will be added to Customer’s invoices for Services as separate charges to be paid by Customer.

d. If Seron collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Seron prevails in any action to which it is a party, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Seron’s reasonable attorney fees.

e. If any check is returned for insufficient funds Seron may impose a processing charge of fifty dollars ($50.00).

9. Seron as a Reseller or Licensor
Seron is acting only as a reseller or licensor of some of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Seron Product”). Seron shall not be responsible for any changes in the Services that cause the Non-Seron Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Seron Product sold, licensed or provided by Seron to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Seron’s obligations under this Agreement.

Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Seron Product are limited to those rights extended to Customer by the manufacturer of such Non-Seron Product. Customer is entitled to use any Non-Seron Product supplied by Seron only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Seron to Customer through any Non-Seron Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Seron Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

10. Disclaimer of Warranty
The services provided under this Agreement are provided on an “as-is” and “as available” basis. Seron makes no warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment Seron provides. Seron makes no warranties that the services will not be interrupted or error free; nor does Seron make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information, services or merchandise contained in or provided through the services. Seron is not liable, and expressly disclaims any liability for Customer content of any data transferred either to or from Customer; or stored by Customer, or any of Customer’s customers via the services provided by Seron. No oral advice or written information given by any entity will create a warranty; nor may you rely on any such information or advice.

11. Limited Warranty
a. Seron represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Seron generally to its other Customers for the same Services; and (c) in compliance in all material respects with the applicable Service descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Seron, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Seron’s sole obligation, for breach of the foregoing warranties shall be for Seron, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro-rated by the number of hours in which the Services have been interrupted.

b. Except as expressly provided in this section, Seron makes no representations or warranties of any kind, express or implied, with respect to the services or any software provided under this agreement, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement of third-party rights, and Seron hereby expressly disclaims the same. Without limiting the foregoing, any third-party software or product provided to Customer hereunder is provided “as-is,” without any condition or warranty whatsoever. Seron does not warrant that the services will be uninterrupted, error-free or completely secure.

12. Limitation of Liability
a. In no event will Seron’s liability in connection with the services, any software provided hereunder or any order, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to Seron by Customer during the 12-month period immediately preceding the event giving rise to such liability.

b. Seron cannot guarantee continuous service, service at any particular time, integrity of Customer content, information or Customer content stored or transmitted via the internet. Seron will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, customer content, information or customer content transmitted, received or stored in connection with services.

c. Except as expressly provided below, neither party shall be liable in any way to the other party or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right hereunder, arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages.

d. The limitations contained in this Section 12(d) apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 12(d) shall not apply to Customer’s indemnification obligations.

e. Notwithstanding anything to the contrary in this Agreement, Seron’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

f. Customer agrees that Seron shall have no liability to Customer, or any of Customer’s customers due to any action or absence of action by Seron.

g. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement.

13. Indemnification
Customer agrees to indemnify, defend and hold harmless Seron and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of this Agreement, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer.

14. Miscellaneous
a. Seron and Customer are independent contractors and nothing contained in this Agreement places either party in the relationship of principal and agent, master and servant, partners or joint ventures.

b. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of New Hampshire, U.S.A. without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement, the construction and enforcement of this Agreement, or any disputes arising out of or relating to this Agreement or the subject matters of this Agreement. Any legal proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state or federal courts sitting in New Hampshire, U.S.A. Licensee consents to such courts and waives all defenses of lack of personal jurisdiction, improper venue, and forum non-convenience relating to this Agreement.

c. The headings herein are for convenience only and are not part of this Agreement.

d. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Seron, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Seron. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Seron in its sole discretion, which modifications will be effective upon posting to Seron’s web site.

e. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

f. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Seron may give written notice to Customer via e-mail to the Customer’s e-mail address as maintained in Customer’s billing records.

g. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

h. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Seron. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Seron may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

i. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

j. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Seron’s records of such execution shall be presumed accurate unless proven otherwise.

k. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

l. Nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any entity other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that any supplier of third-party supplier that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.

m. Neither Customer nor Customer’s customers may export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within the jurisdiction Customer operates or does business.

n. Customer agrees that during the Term of this Agreement Seron may list Customer as a client on Seron’s website and in marketing materials (such use may include Customer’s trademark or trade name). Any other public reference to Customer by Seron requires the written consent of Customer.

* I have read, understand and agree to the above terms and conditions.

Privacy Policy

PRIVACY STATEMENT
Seron Security, LLC (“Seron”) takes your privacy and security seriously and believes it is important for you to know how your information may be used in connection with your use of our Website and other Services (collectively referred to as “Services”) offered by Seron.
By using our Services or submitting any information, including personal information such as your name, email address and other non-public information, you (and, if applicable, an organization that you represent) acknowledge you are bound to the terms of this Privacy Statement. If you do not agree to this Privacy Policy, do not use our Services.


Use of Personally Identifiable Information (PII)
Use of certain Services may require you to provide your name, address, phone number, email address, and other personally identifiable information (“PII”). PII will be used in connection with your registration and may be used to contact you regarding your use of our Services. It is important for you to maintain the confidentiality of your account information (i.e. log-in and password), to ensure others do not gain unauthorized access to your PII.


Non-Personally Identifiable Information
Our Website collects non-personally identifiable information. Non-personally identifiable information may include your Internet Protocol (“IP”) address, which are used to monitor website traffic, network Media Access Control (“MAC”) address, Web Browser and version information, Operating System and version information, and Internet Service Provider name. We use Cookies. Cookies are unique identifiers that we transfer to your computer or device to enable our website to recognize your computer or device used to access and to provide certain features associated with your use of our Website. You can disable cookies or set your web browser to alert you when cookies are being sent to your computer or device.

Disclosure of PII
Generally, we will not release your PII to third parties. Seron will only release PII: (i) to protect Seron business interests; (ii) to protect other users of our Services; (iii) to enforce the terms of this Privacy Policy; and (iv) to comply with a court order (e.g. subpoena). Seron will provide you with notice of the court ordered disclosure of your PII, within 10 days of receipt of such a request.

Limited Use and Duration of your PII
Seron and its subcontractors will only use the information you provide in connection with the delivery of Services and to conduct industry analytics to enhance the performance and delivery of Services. Seron will not maintain your PII longer than needed.

Children
Use of our Services is intended for adults. Children under the age of 13 are prohibited from using our Services. Seron does not intentionally collect or maintain PII from those who are under 13 years of age. If Seron has actual knowledge of user PII under the age of 13, Seron will permanently delete such PII. By using our Services you affirm that you are at least 13 years old.

Security
Seron is committed to protecting the security of your PII; so Seron uses a variety of industry-standard security technologies and procedures to help protect your PII from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your PII, no company, including Seron, can fully eliminate security risks associated with PII.

Contact and Revisions
Seron reserves the right to update this Privacy Policy from time to time. If you have questions or concerns about our Privacy Policy, please contact us via email at: support@SeronSecurity.com.

CAN-SPAM Rules and Acceptance

The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $51,744, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future marketing email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all marketing messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

Need more information? Here are the answers to some questions businesses have had about complying with the CAN-SPAM Act.

Q. How do I know if the CAN-SPAM Act covers email my business is sending?
A. What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:

Commercial content – which advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose;
Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; an
Other content – which is neither commercial nor transactional or relationship.
If the message contains only commercial content, its primary purpose is commercial, and it must comply with the requirements of CAN-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act.

Q. How do I know if what I’m sending is a transactional or relationship message?
A. The primary purpose of an email is transactional or relationship if it consists only of content that:

Facilitates, completes, or confirms a commercial transaction that the recipient already has agreed to;
gives warranty, recall, safety, or security information about a product or service the recipient bought;
notifies the recipient about a change in the terms or features of a membership, subscription, account, loan or other ongoing commercial relationship; notifies the recipient of a change in their standing with respect to that ongoing commercial relationship; or provides regular, periodic account balance information to the recipient;
provides information about an employment relationship or employee benefits; or
delivers goods or services as part of a transaction that the recipient already has agreed to.
Keep in mind that the law views these categories narrowly. That means you shouldn’t assume that any message you send to recipients who have an ongoing commercial relationship with you – including subscribers or recipients who participate in a membership program – are transactional or relationship messages. Carefully consider the five categories of transactional or relationship message listed above and ask whether a reasonable consumer reading your email would understand that the message’s primary purpose fits in one of those categories. If it doesn’t, the message needs to comply with all of the requirements of CAN-SPAM.

Q. What if the message combines commercial content and transactional or relationship content?
A. It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the deciding factor. Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial. So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act.

Q. What if the message combines elements of both a commercial message and a message with content defined as "other"?
A. In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if:

A recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a commercial product or service; or
A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a product or service.
Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.

Q. What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?
A. If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender:

meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message advertising or promoting their own goods, services, or website;
is specifically identified in the “from” line of the message; and
complies with the “initiator” provisions of the Act – for example, making sure the email does not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature.
If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders.

Q. My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages?
A. Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-friend” message often depends on whether the seller has offered to pay the forwarder or give the forwarder some other benefit. For example, if the seller offers money, coupons, discounts, awards, additional entries in a sweepstakes, or the like in exchange for forwarding a message, the seller may be responsible for compliance. Or if a seller pays or gives a benefit to someone in exchange for generating traffic to a website or for any form of referral, the seller is likely to have compliance obligations under the CAN-SPAM Act.

Q. What are the penalties for violating the CAN-SPAM Act?
A. Each separate email in violation of the law is subject to penalties of up to $51,744, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for:

accessing someone else’s computer to send spam without permission,
using false information to register for multiple email accounts or domain names,
relaying or retransmitting multiple spam messages through a computer to mislead others about the origin of the message,
harvesting email addresses or generating them through a dictionary attack (the practice of sending email to addresses made up of random letters and numbers in the hope of reaching valid ones), and
taking advantage of open relays or open proxies without permission.
In addition to civil penalties, you may be required to pay redress to consumers under Section 19 of the FTC Act. Redress could include not only how much consumers paid, but also the value of their lost time.

Q. Are there separate rules that apply to sexually explicit marketing email?
A. Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule requires the electronic equivalent of a “brown paper wrapper” in the body of the message. When a recipient opens the message, the only things that may be viewable on the recipient’s screen are:  the words “SEXUALLY-EXPLICIT:”; and the same information required in any other commercial email: a disclosure that the message is an ad, the sender’s physical postal address, and the procedure for how recipients can opt out of receiving messages from this sender in the future.
No graphics are allowed on the “brown paper wrapper.” This provision makes sure that recipients cannot view sexually explicit content without an affirmative act on their part – for example, scrolling down or clicking on a link. However, this requirement does not apply if the person receiving the message has already given affirmative consent to receive the sender’s sexually oriented messages.

Source:  https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

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