Acceptable Use Policy For SMS Marketing

Expedite Media Group's Acceptable Use Policy (AUP) is provided to give our customers a clear understanding of what Expedite Media Group (EMG) expects of them while they are using our service(s). This AUP is intended to prevent Customers and Resellers from engaging in practices that are illegal, do not comply with accepted industry guidelines, or that impair the security and reliability of EMG's or other parties' computer systems and networks. This AUP is not intended to be interpreted as or used as a substitute for the advice of legal counsel and each Customer and Reseller is advised to obtain the advice of its own legal counsel with respect to legal matters related to the use of the Internet.

1. CAN-SPAM Compliance
2. MMA Code of Conduct for Mobile Marketing
3. MMA Consumer Best Practices Guidelines

1. CAN-SPAM Compliance
As of January 1st 2004 , the United States has enacted legislation which regulates the transmission of commercial email messages. This Act, cited as the `Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or more commonly known as the ‘CAN-SPAM Act of 2003' establishes federal law for regulating the transmission of commercial email messages AND messages to wireless devices. The full text of this law can be found here:
http://www.spamlaws.com/federal/index.html
http://www.fcc.gov/cgb/consumerfacts/canspam.html

2. MMA Code of Conduct for Mobile Marketing
The MMA Code of Conduct was developed by the Mobile Marketing Association Privacy Advisory Committee, and is aimed at protecting the rights of consumers, as well as maintaining the integrity of the mobile marketing industry.

The code is anchored by six fundamental principles (The six C’s); choice, control, customization, consideration, constraint and confidentiality.  The full Code of Conduct can be found here:
http://www.mmaglobal.com/modules/content/index.php?id=5

3. MMA Consumer Best Practices Guidelines

The Mobile Marketing Association (MMA) has developed Best Practices Guidelines for Cross-Carrier Mobile Content Services. The guidelines were written by a committee comprised of all four Tier 1 wireless carriers, leading aggregators and content providers.
The guidelines govern all the processes involved in the use of SMS (and premium services) for mobile marketing, and represent not only best practice but also carrier specific regulations for accessing their messaging platforms.  These guidelines are strictly enforced.  For the full Best Practice Guidelines, please visit: http://www.mmaglobal.com/modules/content/index.php?id=91

4. Ramifications
In order to ensure compliance with industry regulations, Expedite Media Group enforces a zero-tolerance policy for any violation of same by SMS marketing clients.  The following rules, compiled primarily from the CAN-SPAM Act, as well as the other guidelines contained in the Act, the MMA Code of Conduct, and the MMA Best Practices Guidelines, will be strictly enforced:

1. All recipients of SMS messages must have opted to receive them, and, on the initial message to their cell phone, be prompted to accept ongoing communications.
2. All messages must contain a mechanism for subscribers to opt out from further messages by the use of industry-standard keywords such as “STOP”.
3. Opting in to a specific mobile marketing program does not give permission to be sent messages from any other campaign not specifically related to that program.
4. Adult content is strictly prohibited.
5. The sale of opt-in lists is prohibited.

Violation of any of the above guidelines and those outlined above by reference, will result in immediate suspension of all services provided by Expedite Media Group, and may also result in the assessment of an abuse fee, at the discretion of Expedite Media Group, of up to $ 5,000, depending on the nature and extent of the abuse.