Last Updated: December 1, 2021
This External Sample Waiver (“ESW”) is entered into by and between you and Rival Technologies Inc. (“Rival", “we” or “us”) and together with any documents expressly incorporated by reference, govern your access to and use of the websites owned and operated by Rival (the “Websites”) and use of our proprietary services, including but not limited to the Rival platform (collectively the “Services”) which are owned and operated by Rival.
The improper distribution of bulk messages (including, but not limited to emails, mobile text messages and/or communication via any other messaging services, together “Bulk Messages”) can result in emails being flagged as SPAM or otherwise blocked (not reaching the intended recipient) and having Rival and its affiliates and its current and future clients disrupted in sending future messages. The adoption of anti-spam legislation in jurisdictions around the world, including Canada’s Anti-Spam Legislation (together, the “Anti-Spam Laws”) establish certain requirements to regulate the sending of Bulk Messages.
Therefore, in order to make use of the message delivery features of the Services, YOU ACKNOWLEDGE AND AGREE that the Participant (as defined in the Standard Terms) contact information:
- Is not from a purchased list of ANY kind;
- Is not sent to non-specific email addresses such as: email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, or other general addresses;
- Is not forwarded to distribution lists or mailing lists, which send indirectly to a variety of mobile telephone numbers, messaging recipients and/or email addresses;
- Only includes Participants who have expressly agreed to receive Bulk Messages;
- Only includes Participants which you have contacted within the last 12 months, or will be contacted no longer than 12 months from the original sign-up; and
- Includes only Participants from whom you have obtained written consent to send electronic communications in accordance with the Anti-Spam Laws and any other applicable laws.
You further ACKNOWLEDGE AND AGREE that:
- You will not falsify the originating address or transmission path information.
- You will not use a third party sender address or domain name without their permission.
- The Bulk Message subject lines and other content will not contain any false or misleading information.
- Every Bulk Message, where practical, will contain a working link to unsubscribe.
- You will process any unsubscribe requests that come to you via a reply to a Bulk Message, or any non-automated manner, without delay and no later than within 10 days of the request.
- You will comply with all Anti-Spam Laws and applicable privacy and data protection laws.
- Rival has the right at any time if it is informed that you have violated any of the above terms, or it has reason to believe that you may do anything that might violate any of the above terms, to immediately suspend my use of the Bulk Messages feature of the Solution, until such violation (or potential violation) can be resolved.
- You will indemnify Rival, its parent, affiliates, subsidiaries and their respective officers, directors, employees and from and against any and all claims, damages, liabilities, costs and expenses of any kind (including reasonable counsel fees) in any way arising with respect to any breach by you of the foregoing.