SampleHawk [EF] - CPL - US

RESTRICTIONS

NO INCENT NO COREG 18+ ONLY SMS Extended T&C's: These Terms and Conditions are effective on the date when the offer is approved for the publisher. 1. The parties hereto affirm the Publisher Agreement in all other manner adding to such Publisher Agreement the terms and conditions of these extended T&C's. 2. The terms and definitions as used in the Publisher Agreement are hereby adopted. In case of conflict in any provisions contained in these T&C's and the Publisher Agreement, the parties agree that the provisions of the T&C's will control in all matters involving the distribution or marketing of Ads through SMS or text (“SMS Marketing”) and the Publisher Agreement will control as to all other matters. 3. Each Ad copy used in SMS Marketing must have the Company’s prior approval. 4. Publisher covenants that it shall only engage in SMS Marketing by contacting consumers who have provided Publisher with prior written consent as defined under the Telephone Consumer Protection Act, 47 U.S.C. § 227, as amended, and its implementing regulations and applicable rulings and orders by the Federal Communications Commission (collectively “TCPA”). Publisher acknowledges that such consent language must include express consent to receive SMS or text from You or the company on whose behalf You are sending the SMS. Company reserves the right to review Publisher’s consent language and require Publisher to modify such language to comply with the TCPA guidelines. Notwithstanding anything to the contrary and regardless of whether Company reviewed or required Publisher to modify its consent language or Ad copy, Publisher is responsible for ensuring TCPA compliance and shall remain solely liable for its acts and omissions. 5. Publisher further covenants that it shall conduct its SMS Marketing only in accordance with best practices and in compliance all applicable federal and state legislation, regulation or other authority, and local rules, including without limitation the TCPA. Notwithstanding anything to the contrary, Publisher shall at all times provide an effective opt-out mechanism and/or otherwise promptly honor all opt-out requests from consumer. 6. In addition to the parties’ indemnification obligations under the Publisher Agreement, Publisher agrees to defend, indemnify, and hold harmless the Company and its owners, affiliates and/or subsidiaries, and each of their respective officers, directors, partners, members, managers, employees, agents, successors, assigns and attorneys from all claims, actions, suits, proceedings, judgments, fines, damages, costs, liabilities, losses Publisher and expenses including reasonable attorneys’ fees, court costs and/or settlement costs arising in whole or in part or resulting from (a) any breach of the provisions of the extended T&C's; (b) Publisher’s acts or omissions in conducting its SMS Marketing; and (c) any breach committed by any person working with or under Publisher.