Terms Of The Merchant Logo Program
The CAUBE.AU Merchant Logo Program (the Program) is open to any organisation that collects electronic mail addresses and agrees to and adheres to these terms of the Program.
An organisation becomes a participant in the Program by placing the Logo on any of their web pages, and any such placement is taken to constitute acceptance of these terms.
A participant may use the CAUBE.AU Merchant Logo (the Logo) on their home page, and on web pages that request electronic mail addresses.
When the Logo is used on a page which is used to process a sales transaction, these terms form a part of the terms of sale for that transaction.
The Logo must be placed on web pages such that:
the logo itself is a hyperlink to http://www.caube.org.au/cgi-bin/merchpgm.cgi;
there is an "ALT=" attribute in the "IMG" tag which contains the text "CAUBE.AU Merchant Logo Program Participant"; and
in the case of web pages requesting an electronic mail address, the logo appears as close as possible to the field which is used to collect the electronic mail address. Where multiple such fields exist, the logo may be placed either near the first such field, or near each such field.
A program participant must only use an electronic mail address supplied to it for reasons that the supplier of that address would reasonably expect it to be used. Specifically:
on sales transaction web pages, the email address may only be used for purposes directly related to that transaction, including order confirmation and order status information;
on any web page, the electronic mail address may not be used for any marketing purposes or any ongoing updates unless:
the web page is provided for the sole and clear purpose of subscribing to such messages; or
the web page requires the user to take a specific action, such as clicking on a check box or a radio button, to request a subscription to such messages. The specific action must be in addition to the supply of the electronic mail address.
A program participant must inform all of its employees and any agents which may perform advertising, marketing or promotion on its behalf of the obligations of the participant under this program, and must take adequate steps to prevent any such employees or agents from breaching the terms of this program. The participant recognises that a breach of the terms of this program may adversely affect the reputations of both the participant and of CAUBE.AU, and as such, steps taken should include, in the worst cases of breaches, termination of employment and termination of contracts.
A program participant who uses an electronic mail address supplied as part of a sales transaction for marketing purposes or periodic updates in contravention of these terms agrees to compensate the owner of such electronic mail address either:
using the standard customer compensation scale of:
on the first occasion that electronic mail address is used in violation, one quarter of the value of the sales transaction which is related to the violation; and
on the second subsequent occasions that electronic mail address is used in violation:
where an amount has already been refunded in respect of that transaction in part (ii), one quarter of the value of such transaction;
where (A) does not apply, and no amount has been previously refunded in respect of the related transaction in part (i), the entire value of the transaction which is related to the violation; or
where (A) and (B) do not apply, the remainder of the sales transaction which has not already been refunded ; or
an alternative compensation scale as agreed to in writing by the board of CAUBE.AU or by its nominated agents or committees for administering this program.
A program participant must not send bulk electronic mail to recipients who have not requested such mail. Specifically, a participant must not collect electronic mail addresses from USENET, web pages, product registrations, conference registrations or from other sources in order to send unsolicited bulk electronic mail to recipients who have not requested it.
A program participant must not supply any list of electronic mail addresses that the participant has collected to a 3rd party, without the advance express consent of the owners of the electronic mail addresses on that list.
Nothing in these terms is to be taken to restrict a participant from sending any email to an electronic mail box the participant owns, or from providing a list of electronic mail addresses that the participant owns to a 3rd party.
CAUBE.AU, may terminate the right of a participant to use the Logo if, in the sole opinion of CAUBE.AU, the participant has breached the terms of this program and failed to sufficiently address and rectify such a breach. CAUBE.AU may delegate the operation of this term to its nominated agents or committees for administering this program.
Termination of a participant's right to use the Logo does not negate the effect the compensation requirements of these terms for transactions made on web pages displaying the Logo either before or after such termination.
CAUBE.AU may alter the terms of this program by giving sixty days notice. Such notice is to be given by posting a message to the USENET newsgroup "aus.net.mail", and by posting the new terms to the CAUBE.AU web site. A participant may agree to adopt the full set of updated terms immediately, without waiting for the expiration of sixty days from the date of the notice.
The Logo remains the intellectual property of CAUBE.AU, and participants acknowledge this ownership and warrant that they will not undertake any action, or omit to take any reasonable action, which would either dilute the value of the Logo or cause harm to the reputation of CAUBE.AU.
These terms will be governed by the laws of the Commonwealth of Australia and
for participants who maintain a registered head office within Australia, the state or territory in which that registered head office is located;
for other participants, the state of New South Wales.
The Logo refers to any version of the logo shown below, or any logo which appears substantally the same as the logos shown below:
