Bryn Mawr Communications (BMC) email policies for third-party promotional or advertising emails:
GDPR & Privacy Policy for 3rd Party Emails:
• All third-party marketing emails will be sent “from” ClientName using ClientName@bmcepartners.com, unless other agreed upon between BMC and Client.
• Subscribers will continue to receive our emails on the lawful basis of “Legitimate Interest” or "Consent" – that our readers, as eye care professionals, are interested in the professional information we include in our third party emails.
• While Bryn Mawr Communications has done our due diligence for this matter, we urge you to consult your own legal or regulatory advisor if you have any doubts about whether our policy is acceptable to your organization.
• Emails must comply with the 60:40 text-to-image rule. In other words, email must be created with at least 60% live text. The remaining 40% can be images.
• Metrics for 3rd Party emails will be sent approximately 1 week after the email deployment date. For all other emails, metrics will be provided as agreed per contract.
• Each email is allotted two rounds of edits; after that, a fee may be incurred.
• For redeployment of the same email material, client must provide a new subject line and wait a minimum of 7 days between deployments. Please note the terms and conditions set forth in this Email Request Form and Agreement apply to the deployment of the initial email for which this form is completed and signed as well as ANY and ALL redeployments of the initial email, including any redeployment with a new subject line as well as redeployment of a revised version of the initial email for which this form is completed.
• Content must be appropriate for the audience selected for each email. If content does not match the audience’s interests, that segment will be removed from the email prior to deployment. The client will be notified of any segments that are removed.
• Emails cannot promote programs or projects produced by BMC’s competitors. The email creative should not include a hyperlink to a competitive website or videos hosted on YouTube or Vimeo, unless preapproved by BMC.
• In the event that similar or identical emails are to be sent from multiple publishing companies, BMC must be the first sender. The second sender must wait, at a minimum, 24 hours before sending the email.
• Any Email Request Form (ERF) received after 4:00 pm Eastern Standard Time will be processed the following day.
• The undersigned represents that it has all necessary and applicable legal ownership/intellectual property rights in and to all content (including but not limited to all graphics, files, images, information, claims, representations etc.) (herein, the “Content”) it is providing to BMC herein in connection with this project and its related request that BMC release the subject email campaign whether or not said Content is included within this email request form or provided to BMC by any other manner. The undersigned further represents, warrants and agrees that all Content and representations contained within the Content that it is providing to BMC pursuant to this Agreement (including the body and subject lines of all emails) are not false and/or misleading, are in compliance with applicable laws, and do not infringe on the rights of any third parties. The undersigned further represents it has secured any and all necessary permission(s) to use the Content from relevant third parties as may be required by applicable law.
• In order to offer a positive experience for our readers BMC cannot accept certain advertising and/or Content. BMC therefore reserves the right in its sole discretion to refuse any Content for publication if the legality is unclear or it is not in keeping with the spirit of our publications. BMC further reserves the right to reject or remove any ad or Content in its sole discretion at any time.
• The undersigned agrees to indemnify and hold harmless BMC from all claims, losses, damages, expenses, fees including attorney fees, costs, and judgments that may be asserted against BMC arising from or relating to this project, any Content it has provided to BMC herein and/or in connection with this project, and BMC’s release and distribution of the subject email campaign at the undersigned’s request.
• BMC and the undersigned (herein, “the parties”) mutually acknowledge and agree that this agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the internal law of Pennsylvania regarding conflict of laws. The parties mutually consent and submit to the jurisdiction of the federal and/or state courts of Philadelphia County, Pennsylvania and any action or suit concerning this Agreement or related matters shall be brought by the parties in federal or state court with appropriate subject matter jurisdiction in Philadelphia County, Pennsylvania. The parties mutually acknowledge and agree that they shall not raise in connection therewith, and hereby waive, any defenses based upon venue, inconvenience of forum or lack of personal jurisdiction in any action or suit brought in accordance with the foregoing. The parties acknowledge that they have read and understand this clause and agree willingly to its terms.