Should Client elect to use the Cordial Provided Services to deliver Short Message Service (“SMS”) and/or Multimedia Message Service (“MMS”) Client shall comply with the following requirements. The Cordial Acceptable Use Policy, available at cordial.com/acceptable-use-policy/ is hereby incorporated by reference. Any violation of these requirements could result in the immediate termination of Client’s access to the Cordial Provided Services.
For all SMS/MMS messages sent by Client, Client agrees that Client is the “sender” of all such messages as defined in the Telephone Consumer Protection Act, 47 USC § 227 and all implementing regulations. Client shall only use the Cordial Provided Services for lawful purposes.
The following conditions apply to Client’s use of the Cordial Provided Services:
- Client shall comply with all Cordial and wireless carrier policies regarding the content, transmission, and recipient notices and choice requirements included in such policies.
- Client will comply with all applicable laws related to Client’s use of the Cordial Provided Services including, but not limited to, the Telephone Consumer Protection Act, the CAN-SPAM Act, the Federal Trade Commission’s Telemarketing Sales Rule, state telemarketing and text messaging laws (including laws restricting time of day delivery for such messages), and all applicable federal and state “Do-Not-Call” and/or “Do-Not-Text” registries. Client shall comply with all applicable SMS/MMS messaging industry guidelines including, but not limited to, the Mobile Marketing Association US Consumer Best Practices for Messaging and the CTIA Short Code Monitoring Program (collectively the “Industry Guidelines”).
- Client shall only send SMS/MMS messages when it has the appropriate prior express consent of the recipient. Client shall provide recipients with information about its messaging campaigns and information on how to opt-out of future SMS/MMS messages in accordance with applicable law and the Industry Guidelines. Without limiting the foregoing:
- Client represents and warrants that it will only send and continue to send text messages to persons that have opted-in to receive such SMS/MMS messages from Client and have not subsequently opted-out. Client shall not use the Cordial Provided Services to send any unsolicited SMS/MMS messages.
- Client shall not engage in any practices that could be considered spam.
- Client agrees that it will not utilize any third party or purchased lists to send unsolicited text messages.
- Client agrees that it will honor any and all opt-out requests. Client agrees that Client’s SMS/MMS campaign(s) will opt-out any message recipient who responds to a Client SMS/MMS with, at a minimum, one of the following terms: STOP, QUIT, END, CANCEL, UNSUBSCRIBE.
- Client agrees that it will not send any SMS/MMS messages to any persons that have opted-out of receiving such messages, provided that, following an opt-out, Client may send an immediate one-time text message acknowledging that the person has opted-out of future SMS/MMS messages from Client’s campaign in accordance with applicable Industry Guidelines and applicable law.
- Client shall maintain an internal “do-not-call”/”do-not-text” list of recipients who have opted out of Client’s SMS/MMS messages, and Client represents and warrants that it will not send any SMS/MMS messages to phone numbers on such lists unless such phone number has subsequently provided prior express consent to receive future SMS/MMS messages; and
- Client agrees that it will make readily available all SMS/MMS campaign terms and conditions, including providing such terms and conditions in response to recipients’ HELP messages.
- Client agrees that all such content and materials sent through the Cordial Provided Services do not and will not contain any material that:
- is inappropriate, such as profane language, drug references, drug use promotion, or gambling references;
- is unlawful, harassing, obscene, or defamatory;
- violates any intellectual property rights or third party rights;
- is false, misleading, or likely to mislead or deceive (including, without limitation, information relating to the source or the author of the message);
- contains sexually explicit images or content;
- promotes violence or discrimination;
- transmits any virus, Trojan horse, worm, or malware; or
- facilitates illegal activities.
