SPECIFIC TERMS FOR CUSTOMERS USING MAILJET
Version: 3.1, Effective date: 1st March 2022
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INITIAL PROVISIONS
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These Specific Terms for Customers Using Mailjet is attached to, and forms part of the Agreement concluded between Bloomreach ("we", "us", "our" or other similar pronouns) and Customer ("you", "your" or other similar pronouns) only if (a) specifically agreed between the Parties in the Agreement, or (b) Customer during the Term of the Agreement integrate with emailing platform provided by Mailjet.
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The following terms and conditions hereof are incorporated into the Agreement. If there is any conflict between the terms and conditions of these Specific Terms for Customers Using Mailjet and the provisions of the Agreement, the Agreement shall prevail. If there is any conflict between the terms and conditions of these Specific Terms for Customers Using Mailjet and the provisions of General Terms and Conditions – Bloomreach Engagement available at https://bloomreach.com/terms-of-service/general_terms_and_conditions.pdf, these Specific Terms for Customers Using Mailjet shall prevail.
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ACKNOWLEDGEMENT
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Customer acknowledges and agrees that failure to observe these Specific Terms for Customers Using Mailjet may affect Customer's ability to send emails and, in some cases, it can lead to rate limitation on emails, or temporary or permanent account suspension.
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TERMS
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The Customer commits itself to send marketing emails only to those recipients who have given their GDPR-compliant consent to receive e-mail with affirmative means, such as active opt-in procedure. The Customer shall not send marketing emails to those recipients who have not given their consent without prior authorization of Bloomreach, i.e. Customer shall not rely on soft opt-in without prior authorization given by Bloomreach.
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Upon Bloomreach's request or recipient's request, the Customer shall be obliged within 72 hours of receipt of the request by Bloomreach or recipient to produce evidence that consent to receive marketing emails was given by the recipient.
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The Customer shall be responsible for the quality of the database used through Mailjet and shall ensure the compliance of each source with sending policy (Section 4 hereof).
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The Customer shall not use contacts obtained through affiliates, partners or third parties (scrapped, purchased, rented, etc. lists).
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The Customer shall not share personally identifiable information about their subscribers with third parties, unless required by law and those third parties are governmental agencies or similar public entities. This provision excludes non-personally identifiable information sch as demographics (number of sign-ups from country specific IPs), age, sex etc.
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Should the Customer use more brands, the Customer shall use separate sub-accounts and signup forms for each brand.
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SENDING POLICY
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The Customer shall be obliged to familiarize itself with the table below and shall be obliged to stay below these acceptable thresholds. In the case Customer's account has statistics above these numbers, the Customer can face account suspension and, in some cases, account termination.
* Bloomreach reserves the right to update the parameters of the acceptable sending threshold without prior notice.
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The core statistics shall have the meaning:
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Bounces – Much like traditional snail mail, when a destination address cannot accept the incoming package and it gets returned to sender, bounced messages are returned to sender because the recipient address is incorrect or inactive.
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Unsubscribes – Recipients that opt out of receiving communication because they no longer want to receive communication. There are a variety of reasons customers choose to unsubscribe; some might be that they’re no longer interested in the content you’re publishing or are overwhelmed with a noisy inbox, or your content wasn’t what they were expecting.
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Blocks – Messages that do not leave Mailjet servers due to a permanent error. These are email addresses that bounced in the past because they are either non-existent or invalid, or previously reported your message as spam. This also includes email addresses that resulted in complaints from recipients or did not pass through Mailjet’s spam filters.
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Spam Complaints – Number of recipients that marked your message as spam.
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Spamtrap Hits – After a certain amount of inactivity, webmail providers turn email addresses into spam traps to catch senders that are using outdated lists or lists purchased, and/or obtained from third-party companies.
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Unjustified Abuse Complaint – When a recipient reports a sender for messaging without their consent.
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The Customer shall adhere to the following eight (8) commandments:
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CONTENT OF EMAILS
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The Customer shall be solely and wholly liable (a) for content of emails, including if such content is provided by a third party, and (ii) for the content’s compliance with the applicable law.
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The Customer acknowledge and warrant that the content of emails, whether in whole or in part, shall in no event: (a) infringe, misappropriate or violate any right, especially any intellectual property right, of any third party whatsoever; (b) contain any virus or program designed to cause damage, intercept or misappropriate any system or data or personal data in a fraudulent manner; (c) contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations; (d) contain any sensitive personal data, including social security number, individually identifiable health or health insurance information, bank account information or credit card information; or (e) be false, misleading or inaccurate.
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DEFINITIONS
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Capitalised words not defined herein shall have the meaning ascribed to such words in the Agreement.
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In these Specific Terms for Customers Using Mailjet the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
“Agreement” means order form, reseller agreement, cooperation agreement, or any other agreement concluded between Bloomreach and Customer;
“Customer” means an entity using Services provided by Bloomreach on the basis of Agreement;
“Bloomreach” means Bloomreach's Affiliate as defined in the respective Agreement;
“Mailjet” means Mailjet SAS, a company organised under the laws of France, registered office at 13-13 bis, rue de l'Aubrac-75012, Paris France;
“Parties” means Bloomreach and Customer