Additional Marketing Provisions for Channel Partners
1. Definitions
1.1. “Ad(s)” means anchor text, banners, button links, text links, or other graphic elements that monday.com makes available to Partner or Partner prepares with the written pre-approval of monday.com, and that is used for linking from the Partner Site to the Site.
1.2. “Sponsored Link” means a link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by any internet search engine, portal, sponsored advertising service or other search or other referral service which uses search terms or key words to identify, draw attention to, or direct internet traffic to an internet site.
2. Promoting the Ads
2.1. Partner shall use its best endeavors to utilize Ads to promote the monday.com Services to Prospective Customers, and shall display the Ads in good taste in the first and/or most prominent use of such Ads in each advertising mean in which such Ads appear, in a prominent and An easily accessible space, subject to other guidelines which monday.com may from time to time impose and provide to Partner. Partner may not use the Ads and the monday.com Brands contained therewith in a manner that, at monday.com’s discretion, is disparaging or otherwise portrays monday.com in a negative light. Partner shall have no other right, title or interest in or to the Ads and monday.com Brands contained therewith other than as specified in the limited License. PARTNER WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND MANNER OF ITS CUSTOMER-FACING ACTIVITIES. ALL CUSTOMER-FACING ACTIVITIES MUST BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.
2.2. monday.com may at any time and at its sole discretion, upon written notice to Partner, require Partner to remove or modify the Ads.
3. Delivery of Emails
3.1. If Partner sends, or causes to be sent, any messages or communications by electronic means, including but not limited to email and instant messages (“Emails”) in connection, directly or indirectly, with these Terms and/or the Program, then Partner agrees, acknowledges, represents and warrants that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Children’s Online Privacy Protection Act of 1998 and all other laws and regulations applicable to Partner and Partner Site, and including, but not limited to, all European laws and directives and the Federal Trade Commission regulations.
3.2. Partner agrees to not utilize SPAM in promoting monday.com. monday.com maintains a ZERO tolerance policy towards SPAM delivery, including, but not limited to, unsolicited commercial E-mails. Delivery of SPAM Emails by Partner constitutes a breach of these Terms, and may result in the immediate suspension or termination of these Terms and the Program, and a possible forfeiture of any Commissions, without derogating from any remedy available to monday.com hereunder or in accordance with applicable law.
3.3. SPAM is defined as including, but not limited to, sending, initiating or procure the sending of an Email: (a) to any person who has either not expressly requested to receive Emails (or has explicitly requested to receive no further Emails) specifically from Partner, including without limitation for the purposes of sending unsolicited bulk email, executing any “mass mailings” or “email blasts,” or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, newsnet, newsgroups, or similar service; (b) that include any false or deceptive information regarding Partner’s identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Partner identity, and the intent, subject, and origin of the Email; (c) exploit documented or undocumented security holes on any client or server machine; (d) that fail to (i) include clear, valid, and conspicuously displayed “From” and “Subject” lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to opt-out from any such messages or emails by Partner (“Opt-out Request”) for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within (10) days of receipt of such Opt-out Request by Partner; (e) to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy; (f) containing commercial marketing or promotional content to, or collect any personally identifiable information from, any person who is under eighteen (18) years of age; or (g) that include or otherwise involve any fraudulent, deceptive, false or misleading information.
4. Communication through Phone Calls or SMS. Partner is solely liable for any and all communication methods used by it for the marketing and promotion activities hereunder, including, without limitations, Partner’s compliance with any applicable laws and/or regulations pertaining to telemarketing and any other use of phone numbers in connection with its activities hereunder.
5. Prohibition on certain activities. Unless monday.com provides to Partner its prior explicit written consent, Partner shall not register, procure, or use any internet domain name that includes any of the monday.com Brands or any variations thereof. In addtion, Partner shall not perform any marketing activies for monday.com Brands or monday.com Services in the marketing channels prhibited by monday.com as may be communicated to Partner, from time to time, and to mondy.com sole discretion.