Compliance Certification
1. Certification . The undersigned hereby certifies to OptinRealBig.com, LLC (hereinafter referred to as “Optin”) that (a) each e-mail address obtained by the undersigned, and to which any promotions or offers are being sent on behalf of Optin or its Affiliates, have been obtained through Affirmative Consent as such term is defined in the Can-Spam Act of 2003, and acts amendatory thereto (“Can-Spam Act”); (b) the undersigned does not and has not engaged in any conduct prohibited by the Can-Spam Act, including without limitation e-mail harvesting, dictionary attacks or other deceptive practices; and (c) no e-mail sent by the undersigned violates any laws or regulations, including without limitation, the Can-Spam Act.
2. Indemnification . The undersigned does hereby indemnify and hold harmless Optin its subsidiaries, members, managers, employees, affiliates, lawyers and agents, and their respective successors and assigns against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs (including without limitation settlement costs), losses and expenses (including reasonable attorneys' fees) which Optin may suffer as a result of any breach of the above certification.
3. Amendment to Insertion Order . This Certification shall supplement and constitute an amendment to all Insertion Orders and/or Advertising Agreements, including any and all understandings, agreements or arrangements (whether oral or written) between the undersigned and Optin.
4. Relationship of Parties. Nothing in this Certification or other Agreements between the undersigned and Optin shall constitute a relationship other than one of independent contractors, and that neither party is a partner, employee or agent of the other.
This Certification is executed this th day of , 200 by an officer of the undersigned with the authority to bind the undersigned.
Name of company: (input "individual" if no company involved)
Electronic Signature:
Title:
By checking this box I understand and agree that the combination of my typed "Signature", IP Address, and Time-Stamp of submission represents my "Electronic Signature" which certifies that I agree to and understand the terms of the above contract.