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Violations of the policy set forth in this document could result in disciplinary action, which may include the termination of the offending Independent Representative's (IR's) contract. PURPOSE OF SPAM POLICY GacCracker (GC) is committed to protecting the business of the IR and the business of the Company. Spam has the ability to cause a disruption in both of these businesses and therefore GC has a "zero tolerance" for spam and strictly prohibits IR's from engaging in the act of spamming. Because GC is committed to building its business the right way, this policy has been developed to conform to the highest reasonable standards. DEFINITION OF SPAM Spamming is defined as any unsolicited, unwanted, irrelevant, or inappropriate messages sent to individuals who have no personal, business, social or acquaintance relationship(s) with the sender. ESTABLISHMENT OF SPAM VIOLATION You may not send unsolicited email that in any way implicates our service (i.e. using GC web links in an email). This also prohibits the use of your personalized GC URL or any derivative spelling of the word GC in any form of unsolicited electronic communication. Any SOLICITED mass communication (as with Opt-in e-mail lists) must contain the required instructions for unsubscribing and removal from the list. GC will also consider any of the following activities a violation
of our policy: Should an Independent Representative choose to use purchased leads and email lists, it is their responsibility to adhere to any applicable laws, limitations or regulations that govern such practices. INDEPENDENT REPRESENTATIVE (IR) LIABILITY Although anti-spam laws have rules in place that include, but are not limited to, the required inclusion of removal links in emails and the provision of proper contact information, GC recognizes that compliance to any laws set forth does not take away IR's liability for spamming. It is at our sole discretion to establish what is to be regarded as "spam". SPAMMING SANCTIONS For the purposes of this policy, each report of spam is considered an offense. GC will notify IR of any complaint regarding their email practices or any alleged violation of the above policies. Within forty-eight (48) hours of notification, IR's must respond to GC and provide any information requested including, but not limited to, the time, date, relationship to the recipient and content of the email. If the IR fails to provide information that demonstrates that the IR did not send SPAM email or otherwise violate the above policies, GC will impose the following sanctions: First offense: The IR will be assessed a fee of $100/hour for time spent by GC researching the complaint. If the spamming activities result in any damage, fines, or fees or cause any of the GC websites, domains, servers or activities to be interrupted from normal operation, the IR will be held liable for damages and loss of business. If in GC's sole opinion the first offence is severe, we reserve the right to terminate the IR position. Second offense: The IR's position will be permanently terminated and all commissions and payouts of any kind will be permanently forfeited. Ignorance of this policy will not be an acceptable excuse for violation and sanctions will still apply. There are NO EXCEPTIONS to this policy. SPAM COMPLAINTS We apologize if you believe you have been spammed by one of our GC Independent Representatives. Please send your complaint along with the original message to compliance@gascracker.com so we can deal with this matter immediately. FALSE SPAM COMPLAINTS GC supports the efforts of various organizations working to
correctly eliminate spam activities. However, if an individual
has opted to receive email from an IR of GC, and then falsely
or maliciously files a spam complaint against GC or its IR, GC
will cooperate fully with the appropriate agencies in the investigation
of the incident. |