Where use of e-mail marketing is authorized by Perform[cb] and/or the applicable Program Terms, the Perform[cb] Partner Terms & Conditions, as well as the following Email Marketing - Code of Conduct shall apply.

• Partner shall comply with all applicable international, federal and state anti-SPAM legislation, including, but not limited to, California Business & Professions Code § 17529 et seq., the CAN-SPAM Act of 2003 (as amended), Canadian Anti-Spam Legislation and any/all Federal Trade Commission implementing regulations. 
• Email may only be delivered to permission based email addresses which have been/shall be obtained/maintained in conformity with all applicable laws, rules and regulations. Partners must possess the consent of the recipient in order to send commercial email. “Consent” shall mean affirmative consent or consent granted through a posted privacy policy on the collection URL notifying the recipient of the use of his/her email address for commercial marketing and the recipient has not withdrawn permission to send commercial email marketing. Partner shall maintain records evidencing such consent for not less than three (3) years from the last date such consent was relied upon, including: (a) the recipient’s opt-in date/time; (b) the registration source; (c) the recipient’s first and last name; (d) the recipient’s mailing address (if collected); (e) the recipient’s e-mail address; (f) the posted privacy policy of the source website at the time recipient’s data was collected (if collected); (g) the recipient’s IP address; and (h) any other information collected.  
• Email addresses may not be obtained by the use of randomly generating email addresses, “harvesting” and/or “scraping” websites or online services. 
• Partner must download an offer's suppression list prior to every drop.
• Partner may only utilize creatives, From lines and Subject lines that are up-to-date, exactly as provided and approved by Perform[cb]. Partner may not alter the foregoing in any manner except as to size to fit Partner’s medium. 
• Partner must not use a generic or misleading From line. “Subject” lines must not be false or misleading and should always match the content in the body of the email.
  • Prohibited:
    • Generic names in From or Subject lines 
    • Materially false Subject lines 
    • Subject lines that do not accurately reflect the content of the offer
• Partner must accurately register their mailing domains. All mailing domains utilized to send email advertisements must be openly and accurately registered to Partner. Mailing domains may not have proxy or privacy guards and must be able to be examined through WHOIS searches.   
• Partner may not include falsification of header information (including source, destination, date and time, and routing information), false registrations for domain accounts, email accounts, or IP addresses used in connection with email marketing, nor re-transmissions of an email advertisement for the purpose of concealing its origin.   
• No proxy server traffic is permitted. Partner (and/or their email delivery providers) are prohibited from relaying or re-transmitting emails from a computer or computer network that was accessed without authorization. 
• The “To” line must contain the recipient’s email address, “Undisclosed,” or be left blank.  
• Partner shall cause a valid physical postal address for Partner and/or the applicable Marketer, as required by applicable law, to appear in each email creative, along with a functioning unsubscribe link (such unsubscribe link must remain active for at least thirty (30) days after email delivery). Partner must honor all unsubscribe requests within ten (10) days from receipt. Partner shall not sell or transfer an email address once a recipient has opted-out of receiving future communications.  
• Partner shall distribute email marketing campaign materials exactly as provided, and shall not alter them in any manner without prior written approval.  
• Partner must have active filters in place to prevent communications from being sent to any entity or person in Canada which include, at a minimum: (a) email filters (i.e. rejection of email addresses with “.ca” or other Canadian extensions); (b) zip code filters (rejection of Canadian zip codes); (c) area code filters (rejection of Canadian area codes); and (d) IP filters (rejection of Canadian IP addresses).   
• All email advertisements must clearly and conspicuously state: “This is an Advertisement.” Or, “Advertisement” or “AD.” There are no exceptions. 
• Emails shall be delivered to addresses on email lists owned or managed solely by Partner. Brokering third-party deals without first disclosing to Perform[cb] is strictly prohibited and grounds for immediate termination, as well as other legal remedies.  
• Email marketing campaign materials, including email addresses supplied by Partner must not infringe, misappropriate or otherwise violate any copyright, patent, trademark, trade secret or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of, any person or entity including, without limitation, rights of privacy and publicity. 

Contact Information

If you still have questions about this policy, you can contact our support team here.