Lobster Gram® Affiliate Program Spam Policy

This agreement was last updated on June 12, 2006

In light of the recent CAN-SPAM Act of 2003 we have made several changes to our policy on affiliate mailing procedures. These guidelines must be followed to the letter before you will be allowed to send any mail on behalf of Lobster Gram® Affiliate Program. Please read and understand all of the conditions prior to submitting e-mail to be approved for broadcast. This includes any and all references to any of our programs or sites, regardless as to whether it is a standalone advertisement or our ad is integrated with many others in a correspondence e-mail or newsletter.

Unsolicited commercial electronic mail (SPAM) will not be tolerated. Should Lobster Gram® Affiliate Program or its registered agents or assigns receive complaints of SPAM sent by an affiliate; the affiliate's account will be placed into immediate hold status. If upon investigation, any of the provisions provided herein have been determined to have been breached or ignored, the affiliate’s account will be terminated and payment of all commissions from the offending campaign and existing commissions will be forfeited. Upon determination of non-compliance, we will submit the affiliate's information to their ISP, the FCC, State’s and Federal Attorney General’s offices and others who have authority for prosecuting such offenses.

Commercial electronic mailings are permissible under the following conditions, please note that if you do not follow these strict guidelines your affiliate account will be placed into immediate hold status with the possibility that your account will be terminated (upon investigation):

1. Gathering Names:

A) If you are using an in-house generated list, it must be double opted-in and we must be able to verify the process of signup and unsubscribing. The end user must have specifically requested or agreed to receive information regarding the following categories: lobsters, seafood of any kind offered on our sites, cooking seafood, cooking steaks, gourmet foods, gourmet gifts, and related topics at the sole discretion of the Program Compliance Officer. All house generated lists must have record keeping including IP address and date stamp to prove that the list subscriber has indeed requested mail from the sender’s sites.

B) If you are using a rented or leased list from a third party provider, it must be also be double opted-in and we must be able to verify the process of signup and opting out (unsubscribing). All third party lists will be subject to the conditions in Para. A above as well.

a. In addition, for third party lists you must supply the Program Compliance Officer with the following information on the list provider: Company Name, Contact Name, Address, City, State, Country, Phone Number, e-mail address, valid URL's for all locations where the list is being collected from; the size of the list; and the targeted categories the opt-in subscribers are requesting more information on. This information needs to be supplied to us, at least 72 hours prior to the flight dates for the campaign. In addition, all third party list suppliers and/or broadcast agents will be required to comply in full with all provisions of the CAN-SPAM Act of 2003. They will supply us with a master suppression list and any and all unsubscribes for at least a period of 30 days as the CAN-SPAM Act dictates.

C) If you engage in “harvesting” email addresses from any public sources such as, but not limited to, chat rooms and message boards, this practice is considered an “improper means” by the Act and thus will not be allowed. This includes any and all past lists. If they were developed by harvesting the names or through dictionary attacks, you may not send any advertising to that list on behalf of the Lobster Gram® Affiliate Program or its registered agents or assigns.

2. Campaign Specifics:

A) Only approved e-mails will be allowed to be sent on behalf of our programs and services. You must submit all e-mail campaigns at least 72 hours prior to the intended drop date. Non-approved mailings, regardless of their compliance with CAN-SPAM guidelines will be grounds for immediate termination of active status. Submit complete campaign details including: Subject line; From Address; Reply To Address; Senders Name; Senders Postal Address (No PO Boxes); Senders Phone Number; Body of Text or Creative to be used; Date of intended mailing, ESP name and contact info (if not serving from an in-house server). You will also be asked to submit the list of e-mail addresses that you desire to send to as well, for us to compare with our Master Suppression List and we will return a “clean” list for your mailing. All submissions are to be directed to affiliate@livelob,com.

B) All e-mails shall contain the following for approval:

a. Valid headers that do not contain fraudulent elements. (You must be honest and give your address, not Lobster Gram;s®, and not a hired third party’s either.)

b. A subject line which accurately reflects the content of the e-mail. (Cannot say free lobsters, if you do not give them any.)

c. A "From" with the name of the advertiser. (It must state that it is coming from you, not Lobster Gram®.)

d. Clean and conspicuous notification that the communication is an advertisement within the body of the e-mail. Note: The new law does not require the use of ADV or any other marker in the subject line as previously required by some state legislation.

e. A valid postal address of you the sender (advertiser). (This includes campaigns that are graphic based as well, you must include your address in the graphic. Not Lobster Gram’s®.)

f. A functioning unsubscribe procedure (either via e-mail or by leading the consumer to a Webpage) that will accept requests for 30 days after the campaign has ended.

C) You may not use false or misleading subject lines or headers.

D) It is required that you use only Lobster Gram® supplied creative and text for your campaigns. All other non- Lobster Gram® supplied creative must be approved at least 72 hours in advance of drop date and must include your physical address (no P.O. Boxes).

E) You may not mail to anyone who has specifically unsubscribed to any previous e-mail campaigns you may have sent to your in-house list. Note: Consumers must be able to use the opt-out procedure provided in the e-mail. If your organization has several “separate lines of business” or operates more than one list from several different properties, each may be treated as a separate organization for unsubscribe purposes. For consideration, please contact the Lobster Gram® Affiliate Manager.

3. Opt Out Procedures and Suppression Lists:

A) All approved e-mails shall contain a valid unsubscribe (opt out) procedure that can be verified. This may either be achieved by sending the e-mail recipient a receipt that they have been successfully unsubscribed. Or, the e-mail recipient can be guided to a web location where they can enter their e-mail and receive confirmation that they have been successfully unsubscribed. The web page or e-mail response must be kept active for a minimum period of thirty days after the campaign e-mails were sent. It is recommended that they stay active for much longer to ensure that all recipients who want off - get off.

B) The suppression or opt-out list that is generated from e-mails sent by affiliates or authorized agents advertising Lobster Gram® shall be kept current by you and will be sent to the Lobster Gram® Compliance Officer on a weekly basis, until the 30 days have expired. Any addresses collected beyond the 30 day window from the initial flight date of the campaign, should be sent immediately to: affiliate@livelob.com, when they are received.

C) The master suppression list must be kept current and secure, we have the right to request a copy of the list for inspection, provided you are afforded a 24 hour response window.

D) Within 24 hours prior to your campaign’s initial campaign flight date, the list you intend to use, must be transmitted to us, for us to compare it to our master suppression list. This procedure must be followed each and every time a list is being sent to, regardless of the source (in-house, third party, etc.). The “cleaned” list will be returned to you within time for your mailing drop date. We assume no responsibility for missing drop date times due to technical errors and transmission issues. The goal of this provision is to ensure that we are not in violation of the CAN-SPAM Act of 2003 and are not sending mail to those people who have specifically opted out of receiving offers from our company in e-mails.

E) All procedures and guidelines outlined above apply to any campaign that includes any advertising or direct link to our programs and sites; including e-mail transmissions, electronically delivered newsletters, Instant Messaging, and all other forms of electronic communication that is covered under the CAN-SPAM Act of 2003.

Email should never be sent to "role" accounts. Such as: admin@, info@, register@, sales@ ,postmaster@, webmaster@, noc@, hostmaster@, abuse@, spam@, root@, local@, support, billing@, apic@. These addresses will automatically be removed from lists submitted to us.

We do not allow sending to the following domains: aol.com, cauce.org, cs.com, compuserve.com, spammotel.com, ordb.org, osirusoft.com, spamhaus.org, brightmail.com, cloudmark.com, spin.it, spews.org, vix.com, a-w.org. (NOTE: If you are an approved white list AOL sender, you must send us documentation proving so. We will consider aol.com addresses only if this requirement is fulfilled.)

Accounts can be terminated for not following the above as well as the following:

A) Excessive number of complaints.
B) Complaints claiming remove requests not honored.
C) Email complaints are being received by minors.

TO BE VERY CLEAR: IF YOU SPAM, YOU WILL NOT BE PAID, SO DO NOT EVEN BOTHER SIGNING UP!