withText - SMS Marketing Made Simple

IMPORT & API AGREEMENT

Messaging, Contact Import, and API Agreement and Certification

Thank you for your interest in the Service. The Service and its technology platform providers take consumer privacy and anti-SPAM obligations very seriously.

As such, you agree to comply with relevant rules, laws and regulations when using the Service, including related API(s), importing customer contact lists, and delivering messages to your contacts. As explained in the Terms of Use as part of your use of the Services, such laws, rules and regulations include, but are not limited to, the following (all referenced websites subject to change):

· The rules governing the National Do Not Call Registry:
http://www.donotcall.gov

· The Telephone Consumer Protection Act 47 U.S.C. § 227 ("TCPA"):
http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

· The CAN-SPAM Act:
http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business/

· Mobile Marketing Association Guidelines:
http://www.mmaglobal.com/bestpractices.pdf

· Relevant CTIA Guidelines:
http://www.wmcglobal.com/assets/ctia-mobile-commerce-compliance-handbook-v1-2.pdf

Summary

We allow importing and/or adding of email addresses and screen names once you read this agreement and then certify that your list is fully opted in and were not exchanged, rented, purchased or otherwise acquired from a third party in any way.

When importing and/or adding phone numbers for text message delivery, you will be required to prove the authenticity of the contact lists you intend to import and/or add. You must provide evidence that all contacts within the list have willingly opted-in to receive messages from you. In particular, if you are importing mobile numbers for text or voice solicitation messaging, you can only do so after obtaining prior express written consent. Click here for more information regarding the TCPA rule for text or voice solicitation messages.

Customers must complete the following steps to qualify for phone number importing and/or adding capabilities and to validate this certification:

1. Complete and submit a Certification for API Access and Adding/Importing Contacts.

2. Provide links to online sign-up forms used to collect contacts.

3. Provide images of the physical paper sign-up forms.

4. All methods provided by the business must be checked and tested by the technical support department for validity.

5. The signer of the contract must provide a government issued form of identification.

6. The business must provide proof of business establishment.

Text Messaging

In addition to complying with all applicable laws and regulations regarding text-based marketing campaigns, you agree to all guidelines set forth in the Mobile Marketing Association’s (MMA) Consumer Best Practices Guidelines and TCPA, referenced above, including but not limited to the following terms:

· "Content providers must obtain opt-in approval from subscribers before sending them any SMS or MMS messages or other content from a short code." (MMA ID: CCS-08)

· "Beyond violating the subscriber opt-in policy, sending messages to third-party lists is not an effective interactive mobile marketing tactic." (MMA ID: CCS-14)

· "Selling mobile opt-in lists is prohibited." (MMA ID: CCS-15)

· "For recurring standard rate programs, subscribers should indicate their willingness to participate in a program and receive messages from the program as follows: (MMA ID: CCS-100)


1. Subscriber initiates opt-in to a recurring Standard Rate Program by responding to a call to action (CTA) (MMA ID: CCS-101)

1. i.) Subscriber may send a Mobile Originated (MO) message from their handset to the short code

2. ii.) Subscriber may initiate opt-in from a web interface

3. iii.) Subscriber may initiate opt-in from a WAP interface

4. iv.) Subscriber may initiate opt-in from an IVR system

5. v.) Subscriber may initiate opt-in from a paper-based consent form

2. Program responds with pertinent phone, program, and contact information via a Web/WAP/IVR/handset/paper application-based form. (MMA ID: CCS-101)

· "This opt-in applies only to the specific program a subscriber is subscribed to and should not be used as a blanket approval to promote other programs, products, and services. However, after the subscriber has been given the complete details about the opt-in scope, the subscriber may opt-in to receive other messages. A content provider may, however, communicate with existing opted-in subscribers through non-premium messages that a) notify subscribers of updates to their existing service or b) are part of a retention program for that particular service. Directions to unsubscribe from these messages must be clearly available with the delivery of each message." (MMA ID: CCS-103)

· "Program flow and information must not be misleading in any way." (MMA ID: CCS-104)

· Any online forms and promotion used to collect customer contact data must include:

[OrganizationName]: You will receive [DescriptionOfAlerts]. Get up to [Frequency] messages per month. Text HELP for help. Text STOP to cancel. Msg&Data Rates May Apply. Terms & Conditions available at [URL], email [Email], or call [PhoneNumber]

· All telephone numbers in the database will receive any message specifically and ONLY from the business or organization with your organization name and username and not any other. For example, if you own two restaurants, the contact list from restaurant A cannot be contacted by restaurant B. Furthermore, you are NOT allowed to import the list from restaurant A into a list that's specifically for restaurant B. An individual telephone number must be used for one specific business, organization, or location.

· In addition, the revised TCPA rule states that if you are sending text or voice messages for solicitation purposes, then your campaign must meet the "prior express written consent" standard. The TCPA defines "prior express written consent" as a signed written agreement that clearly and conspicuously discloses to the consumer that:

· By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system and

· The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.

· Text messages will be limited to the period between 8 A.M. and 9 P.M. local time.

Other

In addition to the above provisions, you also agree to the following:

· You agree to the Service's zero-tolerance anti-SPAM policy and other terms applicable to the Service.

· In any case where the Service must suspend or cancel your account due to violation of this agreement, you will not be given any refunds whatsoever.

· If you know of or suspect any violators within the system, please notify the Service immediately.

· This document reflects the current online version and is subject to change. You agree to the terms set forth within this Agreement, and all updates that may occur.

In addition to the other terms and conditions agreed to in the Service’s Terms of Use, you hereby agree to indemnify, defend, and hold harmless the Service, it’s agents, partners, technology suppliers, employees, management, board members, investors, volunteers, and public relations representatives for any and all losses, liabilities, claims, damages, liens, causes of action, awards, judgments, costs, and expenses of whatever kind or nature that may arise due to any of the points included in this agreement.