Program Terms & Conditions
Each Affiliate Member, including its employees, officers and directors, agrees to abide by the terms and conditions of Affiliate Membership in the Mobile Marketing Association (MMA), as provided for below. Each Affiliate Member also agrees to abide by the bylaws of MMA and any Affiliate Membership terms posted on MMA’s website at www.mmaglobal.com (MMA Site). We may change the terms and conditions of Affiliate Membership at any time and your continued participation and/or payment of dues shall be considered acceptance of such changes. If we do change the terms and conditions of Affiliate Membership prior to your renewal, we will post such changes on the MMA Site.
Termination Policy
Affiliate Membership shall be valid upon the date of acceptance as an MMA Affiliate Member, and end upon termination of the membership.
The MMA may terminate any Affiliate Member’s membership at any time in the event that :
a) an Affiliate Member does not respond to warnings about programs that violate the MMA’s Code of Conduct and/or Consumer Best Practices for Cross Carrier Mobile Content Programs Document in the time specified for response in such warnings . Both documents may be updated at any time. If we do change the Code of Conduct and/or Consumer Best Practices for Cross Carrier Mobile Content Programs Document, we will post such changes on the MMA Site ;
b) an Affiliate Member breaches any term or condition listed herein ;
c) an Affiliate Member terminates MMA Membership. An Affiliate Member may resign at any time, but shall not be entitled to a refund of any dues or fees ;
d) Failure to pay dues or fees within fourteen (14) days of invoice due date shall result in termination of Affiliate Membership, at the sole discretion of the MMA.
Affiliate Members will be notified if their membership is cancelled.
Content and Copyright Notice
MMA and its licensors own all right, title and interest in the MMA Site and all content on the MMA Site, as well as all other content created or otherwise owned by MMA (MMA Content). We make such content available to our Affiliate Members for their personal use. Any redistribution or reproduction of part or all of the MMA Content in any form is prohibited other than the following:
• You may print or download extracts of the MMA Content for your personal and non-commercial use only.
• You may copy the MMA Content to individual third parties for their personal use, but only if you acknowledge the MMA as the source of the material and do not remove or alter any copyright notice in the MMA Content.
You may not, except with MMA’s express written permission, distribute or commercially exploit the MMA Content nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Confidential Information
Certain MMA Content may be marked “Confidential” or “Proprietary.” In that event, you agree to maintain the confidentiality of such content and not disclose or make it available to any third parties.
Contributions to MMA
Affiliate Members may contribute to MMA’s content, in various forms (such as submitting ideas, participating in online forums, etc.). Affiliate Member hereby fully and irrevocably grants, assigns and conveys to MMA all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by its officers, directors, employees, agents and independent contractors acting on its behalf, either solely or jointly with others, including (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to MMA; (ii) any Content provided to MMA to be included in MMA standards, specifications, policies, guidance, reports, analyses, procedures that are published (by themselves or as part of a larger compilation) by the MMA or identified as a MMA publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Affiliate Member’s membership in MMA, or is developed in connection with Affiliate Member’s participation in a MMA working group or committee. For purposes of this provision, “Content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material. Content shall be the exclusive property of MMA (becoming MMA Content) and MMA shall have the right to use the Content, or any part or parts thereof, as it sees fit. Affiliate Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Affiliate Member agrees that it shall require its personnel, at MMA’s expense, to take any actions and execute all documents as MMA may reasonably require to vest in MMA or its nominees the rights referred to herein and to secure for MMA or its nominees all right, title and interest in and to the MMA.
MMA Trademark Use & Conditions
1. The Mobile Marketing Association (“MMA”) is the owner of the Marks (as hereinafter defined) and desires to allow Affiliate Member to utilize the Marks only in accordance with the terms and conditions set forth herein. “Marks” shall include the name “Mobile Marketing Association”, the abbreviation “MMA””, the “MMA Affiliate Member” seal and any and all related designs and logos and any modifications or derivations thereof.
2. MMA grants to Affiliate Member the non-exclusive, revocable right to use the Marks on Affiliate Member’s presentations, web site, correspondence, business cards and other documents or media, sole for the purpose of [identifying itself as a Affiliate Member of MMA]. Affiliate Member shall not use the MMA Marks for any other purpose.
3. Affiliate Member shall use MMA’s logo only in connection with the MMA name. If used in color, the logo shall be a three-color logo with the following specifications:
(a) (Blue) PMS Color: 3285 C – circles;
(b) (Teal) PMS Color: 320 C – letters “m,” “a” and trademark;
(c) Black – mobile marketing association text.
4. Affiliate Member shall use the MMA Affiliate Member’s logo only in connection with the MMA name and pursuant to the terms contained herein. If used in color, the logo shall be a three color logo
with the following specifications:
(a) (Blue) PMS Color: 3285 C – circles;
(b) (Teal) PMS Color: 320 C – letters “m,” “a,” trademark and Affiliate Member;
(c) (Black) – mobile marketing association text.
5. Any reference by Affiliate Member to MMA’s website, including but not limited to www.mmaglobal.com, shall include a link to such web site and any reference by Affiliate Member to statistics, reports or other materials produced and/or owned by MMA shall include a reference to any and all of MMA’s copyright or other ownership interest in the same.
6. Affiliate Member shall not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to them or any of them the right to use the Marks or any other property owned by MMA.
7. Unless terminated as provided below, Affiliate Member’s right to use the Marks in accordance herewith shall terminate upon termination of Affiliate Member’s Affiliate Membership in MMA for whatever reason.
8. Affiliate Member’s right to use the Marks in accordance herewith may be terminated by MMA in the event MMA determines, in its sole and absolute discretion, that Affiliate Member has failed to comply with the terms and conditions set forth herein.
9. In the event of termination, Affiliate Member shall discontinue use of the Marks within three (3) days of the date of such termination.
10. Affiliate Member shall maintain the highest industry standards with respect to the use of the Marks. Further, Affiliate Member shall use the Marks in accordance with the specifications, directions and processes furnished to Affiliate Member by MMA from time to time. With respect to specifications, directions and processes furnished to Affiliate Member from time to time by MMA, Affiliate Member shall have ten (10) days from the date of notice of any such changes in order to comply with such changes.
11. Upon twenty-four (24) hour notice, Affiliate Member shall permit duly authorized representatives of MMA to inspect any use of the Marks by Affiliate Member.
12. Affiliate Member acknowledges and agrees that MMA is the sole owner of the Marks and Affiliate Member is stopped to claim any ownership rights in the Marks or otherwise use any trademarks or service marks that are the same or similar to the Marks.
13. In the event Affiliate Member becomes aware of (i) any use by third parties that infringes on the Marks, or (ii) any claims by third parties against Affiliate Member’s use of the Marks, Affiliate Member shall notify MMA of such infringement, claim, suit or demand.
14. Affiliate Member agrees to defend, indemnify and hold MMA, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or
incur as a result of Affiliate Member’s use of the Marks.
15. If any legal action is initiated by either Affiliate Member or MMA related to Affiliate Member’s use of the Marks, the prevailing party shall be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.
Online Payment Center Terms and Conditions
By accessing or using the Mobile Marketing Association’s (MMA) online payment service, you agree to be bound by all applicable terms and conditions. The MMA may modify this agreement at any time, with or without notice. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted any applicable modifications.
The MMA online payment service is provided to you to facilitate payment of Affiliate Member dues, sponsorships and other products and services. You will receive a confirmation once payment has been received. PayPal Payflow Gateway, a third party service securely processes payments.
The MMA will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this service. The MMA will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. The MMA will not be liable for any breach of your personal or credit card information resulting from the interception of such information during its transmission to MMA. You expressly agree that your use of this service is at your sole risk. You agree that you will not intentionally provide false information when accessing or using the MMA’s online payment service.
The MMA is committed to your privacy and will not distribute information sent via this service to third parties. The MMA’s finance and Affiliate Membership departments alone has access to data collected.
For questions in using this service, please contact [email protected].
Recurring Payment Terms and Conditions
Recurring Payment Authorization (Credit Card/Debit Card)
By agreeing to recurring payments, you accept these terms and conditions authorizing the Mobile Marketing Association (MMA) to charge the credit card or debit the debit card account in the amount of the balance due as part of your annual MMA Affiliate Membership. You agree that the payment card specified by you for automatic annual bill payments to the MMA is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable, to pay your annual MMA bill. The automatic annual charge to your credit card or debit to your debit card account will occur on or after the first day of after your Affiliate Membership renewal date. Once the annual payment has been processed, you will receive an electronic (email) notification that payment has been applied to your card for the sum of your annual Affiliate Membership dues from the MMA’s finance department.
These terms and conditions will constitute your copy of your recurring payment authorization to the MMA. Please print and retain a copy of this recurring payment authorization for your records.
Recurring Annual Affiliate Memberships Cancellation
For those that authorize recurring annual Affiliate Memberships as part of the annual renewal process, you may cancel your recurring payment authorization only by contacting the MMA in writing sixty (60) days prior to the renewal due date of your annual Affiliate Membership. If your cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle for your MMA Affiliate Membership (typically 12 months from the date of renewal).
The MMA reserves the right to change these conditions at any time. Notice may be given on or with your bill or by other methods.
Disclaimers; Limitation of Liability
THE MMA SITE, THE MMA CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY MMA ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY MMA WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) MMA MAKES NO WARRANTY THAT THE MMA SITE OR THE MMA CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) YOUR USE OF THE MMA SITE AND THE MMA CONTENT, AND YOUR RELIANCE THEREON, IS AT YOUR OWN RISK; (c) MMA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF THE MMA CONTENT, AND; (d) MMA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL MMA OR OUR ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF YOUR AFFILIATE MEMBERSHIP IN THE MMA, THE USE OF, OR INABILITY TO USE, THE MMA SITE OR THE MMA CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MMA’S MAXIMUM LIABILITY TO ANY AFFILIATE MEMBER SHALL BE THE AMOUNT OF THE AFFILIATE MEMBERSHIP DUES PAID BY AFFILIATE MEMBER TO MMA IN THE TWELVE MONTHS PRECEDING THE AFFILIATE MEMBER’S CAUSE OF ACTION. THE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WE AND OUR ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF YOUR JURISDICTION.
Governing Law
These terms and conditions shall be construed, enforced and performed in accordance with the laws of the State of New York, without reference to its principals of conflicts of
laws, to the extent not pre-empted by federal law.
If you have any questions in regards to the information in this document, please contact [email protected].