ADMOLLY ANTI-SPAM POLICY
Last Updated: January 2022
Admolly has a zero-tolerance policy on the transmission or distribution of any unsolicited commercial e-mails (“Spam”) and does not allow Publishers to market websites under this program through the transmission of unsolicited bulk e-mails of any kind.
Admolly considers an e-mail to typically classify as Spam if the email address-
- Has not been subscribed to with its owner's consent,
- Has been rented or bought through list providers, sellers, and other third parties, or
- Has been collected from the internet by web scraping or similar other means.
As a platform that delivers emails and newsletters within the affiliate marketing industry, Admolly strictly enforces Article 11.7 of the Dutch Telecommunications Act and prohibits the sending of emails to or through our Website or services that contains:
- Content with outdated, invalid or non-existent domain names.
- Content carrying a third party’s internet domain name, or be transmitted from or through a third party’s equipment, without permission of the third party.
- Content carrying inaccurate, invalid or forged headers without an originating email address, domain name, or Internet Protocol address.
- Content created by any techniques to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path.
- Content selling alcohol and/or other illegal substances.
- Content containing hate, racist or discriminative expressions.
- Content that violates the applicable anti-spam laws.
- Content that otherwise violates our Terms and Conditions and Privacy Policy.
Admolly further forbids the harvesting, mining or collection of e-mail addresses or other information about our customers or subscribers through our Website or services. It is also forbidden to use our services in a way that would damage, disable, overburden or impair any aspect of the services or would in any way impede other users’ use and enjoyment of Admolly services.
In order to continue using Admolly services without disruption, Publishers are instructed to abide by the following conditions at all times:
- All email lists must be opt-in lists whereby the recipient has pre-approved and agreed to receive email messages specifically from the Publisher. No rented, leased or third party lists may be used;
- The Publisher may not advertise in any way that effectively conceals or misrepresents its identity, its domain name or their return e-mail address;
- The Publisher must be the true sender of the email, such that (i) the Publisher must be identified in the “From:” field of the email, (ii) the Publisher must state in the email how the Publisher obtained the recipient’s email address and (iii) the Publisher must make clear that Admolly is not the sender of the email;
- The Publisher must include their contact information (physical mailing address or P.O.Box, not mere website or email address) in all emails and promotional campaigns;
- The Publisher must include an “unsubscribe” link in all emails and promotional campaigns and exclude any email that has previously unsubscribed from its campaign;
- Prior to sending any emails, the Publisher must submit its mailing list to Admolly’s designated third party list-cleansing service to remove any names that are on Admolly’s suppression list;
- The Publisher shall not send email traffic from its own databases or from third-party databases to any of the Admolly offers or the Admolly network. All traffic related to email promotions will be rejected and marked as unqualified.
Publishers will be solely responsible for complying with the applicable anti-spam laws of the country or countries that they are mailing to. Following is a non-exhaustive list of anti-spam legislations of some major countries. Publishers are advised to get independent legal consultation if they have any questions or clarifications regarding the mode and manner of applicability of these laws in their respective jurisdictions.
- Australia
- Spam Act 2003, Act No. 129 of 2003
- Austria
- Telecommunications Act 2003
- Belgium
- Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003,July 4, 2003
- Canada
- Canada’s Anti-Spam Legislation (CASL)
- China
- Measures for Administration of E-Mail Service on Internet (2006) (Unofficial English Translation)
- Cyprus
- Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)
- Czech Republic
- Act No. 480/2004 Coll., on Certain Information Society Services
- Estonia
- Information Society Service Act
- EU
- Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002
- France
- CNIL Guidelines on email marketing
- Germany
- Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG) Art. 202a, 263, 303a, 303b of the German Criminal Code, Art. 6 of the German Law regarding Information Society Services, Art. 28 Par. 4 of the German Data Protection Act.
- India
- Information Technology Act of 2000
- Italy
- Personal Data Protection Code (legislative decree no. 196/2003)
- Netherlands
- Article 11.7 of the Dutch Telecommunications Act and Dutch Data Protection Act
- New Zealand
- The Unsolicited Electronic Messages Act 2007.
- South Africa
- Section 69 of the Protection of Personal Information Act, 2013 (No. 4 of 2013)
- Sweden
- Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450) and Personal Data Act (Swedish Code of Statutes, SFS 1998:204)
- UK
- The Privacy and Electronic Communications (EC Directive) Regulations
- USA
- Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003
Violation of the above-mentioned international anti-spam laws may be subject to civil, criminal, or administrative penalties, including but not limited to “cease and desist” orders, forfeiture of proceeds and equipment, fine and imprisonment. By continuing to avail oneself of the benefits and services of Admolly, all Publishers acknowledge the applicability and enforceability of the above provisions and agree to indemnify and hold Adthority B.V. harmless from any and all claims, charges, counts, debts, suits or other allegations arising from their violation of applicable laws regulating the transmission of commercial email. Should we determine, in our sole discretion that you have violated any provision of this Policy, you will be terminated from our program with immediate effect along with the forfeiture of any and all applicable commissions and benefits, if any.
If you have any further questions, comments or requests regarding this Anti-Spam Policy, please email us at support@admolly.com.