View the General Terms of Use for tugo.com

Terms of Use for Email

1. DEFINITIONS

1.1 “Agreement” means the General Terms of Use for the Website (as may be amended from time to time), available here, which governs the User’s use of the Website, and which the User has agreed to be bound by and comply with.

1.2 “Applicable Laws” has the meaning as defined in Section 7.2(a).

1.3 “Content” means any information, documents, data, text, code, software, audio/sound, photographs, images, illustrations, graphics, video, messages, communications or other materials.

1.4 “Customers” means the customers or prospective customers of TuGo Companies .

1.5 “Email Policy” means all of the terms and conditions of this electronic mail policy, which the User agrees to be bound by and comply with.

1.6 “Emails” means all electronic mail sent or transmitted by the User (whether using the TuGo Platform and Referral Tools, or another electronic mail delivery system).

1.7 “Other Agreements” has the meaning set out in Section 5.1.

1.8 “Platform Agreement” means all of the terms and conditions of the Terms of Service for the TuGo Platform (as may be amended from time to time), available here, which governs the User’s use of the TuGo Platform, and which the User has agreed to be bound by and comply with.

1.9 “Platform Tools” means the tools and services developed, owned, maintained, administered and made available by TuGo Companies on the TuGo Platform, on and as part of the TuGo Platform, for Partners to use in conducting Promotional Activities.

1.10 “Promotional Activities” means a Partner’s activities in promoting, marketing, selling or distributing TuGo Products to customers, or referring customers to TuGo Companies to purchase TuGo Products.

1.11 “Recipient” means the person to whom an Email is sent.

1.12 “Referral Tools” means one of the Campaign Tools made available by TuGo Companies on the TuGo Platform for a Partner to use as part of a Campaign, which allows the Partner use the TuGo Platform to send Emails to Recipients in order to carry out Promotional Activities.

1.13 “Referral Materials” means the Content (including, without limitation, subject and from lines, copy, text, images, and URLs) that TuGo Companies makes available for a Partner to send in or as part of the Emails that the Partner sends to Customers (whether using the TuGo Platform and Referral Tools, or another electronic mail delivery system), in order to carry out Promotional Activities.

1.14 “Suppression List” means a list of electronic mail addresses for people who have:

(a) indicated that they do not wish to receive Emails from the User or TuGo Companies;

(b) expressly withheld or withdrawn their consent to receive Emails from the User or TuGo Companies; or

(c) otherwise indicated that they do not wish to receive Emails sent in the course of carrying on Promotional Activities or Emails containing the Referral Materials.

1.15 “TuGo” means the B.C. company, North American Air Travel Insurance Agents Ltd., doing business as “Travel Underwriters™”, “TuGo™”, and/or “TUGO™”.

1.16 “TuGo Companies” means the TuGo and its successors, assigns, directors, officers, employees, shareholders, agents, and related corporations, including any parent, affiliate or subsidiary.

1.17 “TuGo Platform” means the partner distribution platform developed, owned, maintained, administered and made available by TuGo Companies, which is an online portal which serves as an online access point for Partners to access and use the Platform Tools to conduct Promotional Activities.

1.18 “TuGo Policies” means any rules or policies that TuGo Companies may establish from time to time, in its sole discretion, further to the Agreement or the Platform Agreement, regarding the use of the Website or the TuGo Platform by Partners. The TuGo Policies include, without limitation, the Agreement, the Platform Agreement, this electronic mail policy, and any privacy policy that may be in effect from time to time.

1.19 “TuGo Products” means the travel and/or insurance related products and services which are marketed, sold and distributed by TuGo Companies from time to time.

1.20 “Unsubscribe Mechanism” has the meaning as defined in Section 8.1(d).

1.21 “User” means the Partner who is using the Website or the TuGo Platform or any part thereof, or the Partner who is sending Emails to Customers in conducting Promotional Activities, and that Partner’s successors, permitted assigns (as such assignment may be permitted hereunder), directors, officers, employees, and related corporations, including any parent, affiliate or subsidiary.

1.22 “Website” means the Website located at www.tugo.com or www.tugo.ca and any and all elements, sections, and subsections thereof, including, without limitation, my.tugo.com, partner.tugo.com and all of their elements.

2. APPLICATION OF EMAIL POLICY

2.1 The User acknowledges and agrees that this Email Policy applies to the User and all Emails that the User sends or transmits to any Recipient where:

(a) The User uses the TuGo Platform or Referral Tools to send or transmit the Emails;

(b) The User uses another electronic mail delivery system to send or transmit the Emails, and:
(i) The User is sending or transmitting the Emails as part of the User’s Promotional Activities; or
(ii) The User includes any Collateral Material or Referral Materials in the Emails.

3. ACCEPTANCE OF EMAIL POLICY

3.1 All capitalized terms herein have the same meanings as defined in the Agreement or the Platform Agreement (as the case may be), unless otherwise defined herein.

3.2 The User acknowledges that pursuant to the Agreement and the Platform Agreement, the User has agreed to be bound by and comply with the Agreement and the Platform Agreement, the TuGo Policies (which include this Email Policy) and any applicable Campaign Terms of Service.

3.3 The User acknowledges and agrees that the Referral Tools form part of the Campaign Tools (which form part of the Platform Tools), such that the terms and conditions regarding the Platform Tools and the Campaign Tools set out in the Platform Agreement, the other TuGo Policies, and any applicable Campaign Terms of Service also apply to the Referral Tools.

3.4 Where TuGo Companies provides Referral Tools and Referral Materials for the User’s use, TuGo Companies allows the User to use the Referral Tools and Referral Materials on the condition that the User complies with the terms and conditions set out in this Email Policy (as well as in the agreement, the Platform Agreement, the other the TuGo Policies and any applicable Campaign Terms of Service).

3.5 By using the Referral Tools and Referral Materials; sending Emails using the TuGo Platform and the Referral Tools; or sending Emails containing the Referral Materials, the User accepts and agrees to comply with and be bound by:

(a) the terms and conditions set out in this Email Policy, the Agreement, the Platform Agreement, any other TuGo Policies and any applicable Campaign Terms of Service; and

(b) all applicable laws and regulations relating to the User’s use of the Referral Tools and the Referral Materials, and the User sending Emails.

3.6 If the User does not agree to comply with and be bound by all of the terms and conditions set out in this Email Policy, the User shall immediately cease accessing or using the Referral Tools and Referral Materials and shall immediately cease sending Emails using the TuGo Platform, the Referral Tools or the Referral Materials, and cease sending Emails containing the Referral Materials.

4. MODIFICATIONS TO THE EMAIL POLICY

4.1 TuGo Companies reserves the right to amend the terms and conditions of this Email Policy at any time and at its sole discretion, without advance notice to the User. TuGo Companies will give notice to the User of any amendments to this Email Policy by posting notice of such amendments on the Website, the TuGo Platform, or by such other means as TuGo Companies may determine in its sole discretion.

4.2 By continuing to use the Referral Tools or Referral Materials and by continuing to send Emails using the TuGo Platform, Referral Tools or Referral Materials, the User agrees to comply with and be bound by any amended Email Policy, and the User is agreeing to be bound by the then current version of this Email Policy, as amended.

5. OTHER AGREEMENTS

5.1 The User’s obligations in this Email Policy are in addition to and do not derogate from the User’s obligations in the Agreement, Platform Agreement, any other TuGo Policies, any applicable Campaign Terms of Service, and any other agreements that the User has with TuGo Companies which do not deal directly with the User’s use of the TuGo Platform (the “Other Agreements”).

5.2 The terms of this Email Policy and the terms of the Agreement, the Platform Agreement, any other TuGo Policies, any applicable Campaign Terms of Service, and any Other Agreements, shall be read and construed together.

5.3 For further clarity, the Agreement, the Platform Agreement, any other TuGo Policies, any applicable Campaign Terms of Service, and any Other Agreements continue to apply in accordance with their terms, and nothing herein derogates from the obligations contained therein, and such other obligations survive and do not merge with the obligations in this Email Policy. Where there is a direct conflict between the terms of this Email Policy and the terms of the Agreement, the Platform Agreement, any other TuGo Policies, any applicable Campaign Terms of Service, or any Other Agreements, the terms of this Email Policy shall take precedence, but only to the extent of the conflict and only as it relates to the User’s use of the Referral Tools and Referral Materials and the User sending Emails using the TuGo Platform, Referral Tools and Referral Materials.

6. USER OBLIGATIONS – EMAILS SENT THROUGH TUGO PLATFORM

6.1 Where the User is sending Emails using the TuGo Platform and Referral Tools as part of a Campaign, the User covenants and agrees that neither the User nor anyone for whom the User is in law responsible will, send or transmit, or cause to be sent or transmitted, any Emails except and unless:

(a) the use of Emails is expressly permitted by the Campaign;

(b) in sending such Emails, the User and anyone for whom the User is in law responsible agrees that:
(i) the User shall only use the Referral Materials that TuGo Companies approves and makes available to the User for that Campaign; and
(ii) if TuGo Companies provides certain Referral Materials to be used or included in Emails to be sent using the TuGo Platform and Referral Tools, the User shall not change, alter, add to, take away from or otherwise modify any of the Referral Materials that TuGo Companies provides, except with TuGo Companies' prior written consent. If such consent is granted, the User shall ensure that its modifications to the Referral Materials comply with all Applicable Laws.

7. USER OBLIGATIONS – GENERAL

7.1 Whenever the User is sending Emails (whether using the TuGo Platform and Referral Tools, or another electronic mail delivery system) and the User is using the Referral Materials, or otherwise carrying out Promotional Activities by sending the Emails, the User covenants and agrees that neither the User nor anyone for whom the User is in law responsible will, send or transmit, or cause to be sent or transmitted, any Emails except and unless the User complies with the requirements in this Section 7.

7.2 In sending Emails, the User and anyone for whom the User is in law responsible agrees to unconditionally abide with:

(a) the terms of this Email Policy, the Agreement, the Platform Agreement, any other TuGo Policies, any applicable Campaign Terms of Service, and any Other Agreements, as they are applicable; and

(b) all applicable federal, state, provincial, foreign and local laws, ordinances, regulations, statutes, court orders and decrees, including, but not limited to, the Canadian Anti-Spam Legislation (CASL), S.C. 2010, c. 23, and all related regulations, as amended or replaced, from time to time (collectively, “Applicable Laws”);

(c) the highest standards for email marketers; and

(d) any additional TuGo Policies imposed by TuGo Companies from time to time, in its sole discretion.

7.3 Pursuant to the Applicable Laws, in sending Emails, the User and anyone for whom the User is in law responsible agrees to only send Emails to Recipients who have consented to receiving such Emails. Such consent must be:

(a) express and in writing (whether in electronic or paper form);

(b) demonstrated to TuGo Companies by the User providing to TuGo Companies evidence of each Recipient’s express written consent (including, without limitation, the date, time, originating IP and the email address and location where the consent was obtained from), upon TuGo Companies' written request; and

(c) obtained pursuant to all Applicable Laws. The User shall, in requesting such consents, disclose to each Recipient the following:
(i) the purpose for which the consent is sought;
(ii) a statement that such consent may be withdrawn;
(iii) the identity (including the legal name and business name) and contact information of the User, as the person seeking such consent; and
(iv) the identity (including the legal name and business name) and contact information of TuGo Companies, as the person on whose behalf the User is seeking such consent.

7.4 For further clarity, when the User uses the Referral Materials, or otherwise carries out Promotional Activities by sending Emails, the User represents, warrants and covenants that the User will only send Emails to Recipients who have expressly consented to receiving such Emails, as required herein and as required under all Applicable Laws.

7.5 The User shall cooperate fully with any investigation or inquiry made by TuGo Companies or any governmental authority in relation to the User sending Emails (whether using the TuGo Platform and Referral Tools, or another electronic mail delivery system) and the User using the Referral Materials, or otherwise carrying out Promotional Activities by sending Emails.
7.6 If required by TuGo Companies and upon written notice from TuGo Companies, the User shall immediately cease:

(a) carrying out Promotional Activities by sending Emails; and

(b) sending Emails (whether using the TuGo Platform and Referral Tools, or another electronic mail delivery system) using or containing the Referral Materials.

8. USER OBLIGATIONS – CONTENT

8.1 If the User is sending Emails using or containing any Referral Materials, or otherwise sending Emails in the course of carrying out Promotional Activities, and the User can control or modify the Content of the Emails, then the User and anyone for whom the User is in law responsible agrees to only send Emails that contain Content which complies with all Applicable Laws, and that contain:

(a) an unsubscribe mechanism by which Recipients may indicate that they no longer wish to receive the Emails, as required by Applicable Laws (the “Unsubscribe Mechanism”);

(b) the identity (including the legal name and business name) and contact information of the User, as the person sending the Emails;

(c) the identity (including the legal name and business name) and contact information of TuGo and TuGo Companies, as the person on whose behalf the Emails are sent;

(d) a subject line;

(e) an originating domain that is fully traceable, through public sources such as WHOIS, to the person who initiated the transmission of the Email;

(f) the original, unaltered, electronic mail headers, including an “X-Originating-IP” header setting out the original internet protocol address from which the Email is sent; and

(g) no text, images or other Content in any field (including, without limitation, the subject line) or in the body which violates this Email Policy, and if the User is sending Emails using the TuGo Platform and Referral Tools, the Agreement, the Platform Agreement, the other TuGo Policies and any applicable Campaign Terms of Service.

8.2 In no circumstance will the User or anyone for whom the User is in law responsible send or otherwise permit or cause to be sent any Email which, in the opinion of TuGo Companies or any Recipient or Customer:

(a) is or might be construed to be false or misleading, including in respect of the User’s identity, subject line, any Web links, or any other material part of the Email’s text or data;

(b) is or might be construed to be deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of TuGo Companies or the Customer into disrepute, or which otherwise would be illegal; or

(c) is sent to any address acquired by address harvesting or by means of an automated generator, script, or any other automated means.

9. CONTACT INFORMATION

9.1 The contact information referred to in Sections 7.3(c)(iii), 7.3(c)(iv), 8.1(b) and 8.1(c) must include a mailing address and either a telephone number (providing access to an agent or a voice messaging system), an email address or a web address.

9.2 The contact information referred to in Sections 8.1(b) and 8.1(c) must be valid for at least sixty (60) days after the Email is sent.

10. UNSUBSCRIBE MECHANISM

10.1 The Unsubscribe Mechanism must comply with all Applicable Laws and must:

(a) enable the Recipient, at no cost to the Recipient, to indicate that the Recipient no longer wishes to receive such Emails from the User, using:
(i) the same electronic means by which the Email was sent, or
(ii) if using those means is not practicable, any other electronic means that will enable the Recipient to indicate the Recipient’s wish to no longer receive Emails from the User;

(b) specify an electronic address, or link to a page on the World Wide Web that can be accessed through a web browser, to which the Recipient may send his/her indication that he/she no longer wishes to receive such Emails from the User. The User must ensure that the said electronic address or World Wide Web page is valid for a minimum of sixty (60) days after the Email to the Recipient is sent; and

(c) be set out clearly, conspicuously and prominently in the Email.

10.2 If a Recipient has used the Unsubscribe Mechanism to indicate that the Recipient no longer wishes to receive such Emails from the User, the User shall ensure that the User no longer sends such Emails to the Recipient within ten (10) business days after the Recipient has used the Unsubscribe Mechanism to indicate that the Recipient no longer wishes to receive such Emails.

11. SUPPRESSION LIST

11.1 TuGo Companies may, from time to time, maintain a Suppression List and advise the User of the Suppression List. If TuGo Companies has advised the User of the Suppression List maintained by TuGo Companies, the User shall ensure that the User or anyone for whom the User is in law responsible:

(a) does not send Emails to any electronic mail addresses on the Suppression List, to the extent that those Emails:
(i) are sent using the TuGo Platform and Referral Tools;
(ii) contain any Referral Materials; or
(iii) are sent in the course of carrying on Promotional Activities; and

(b) does not use or disclose the Suppression List for any other purpose (other than ensuring compliance with Section 11.1(a)), including, without limitation, selling the Suppression List to any other party.

11.2 Any Suppression List maintained by TuGo Companies is the property of TuGo Companies , and the User or anyone for whom the User is in law responsible shall gain no interest, right, or title from the use of the Suppression List.

11.3 The User shall maintain its own Suppression List and shall ensure that it does not send Emails to any electronic mail address listed on its Suppression List.

12. TERMINATION

12.1 In addition to the termination rights and provisions in the Platform Agreement, TuGo Companies may immediate terminate or suspend the User’s access and ability to use the Referral Tool and the Referral Materials, without notice, if TuGo Companies determines, acting reasonably, that the User has violated any terms of the Agreement, the Platform Agreement, the TuGo Policies (which include this Email Policy), any applicable Campaign Terms of Service, any Applicable Laws, or any Other Agreements.

12.2 If TuGo Companies terminates or suspends the User’s access and ability to use the Referral Tool and the Referral Materials, then the User shall immediately cease using the Referral Tool and the Referral Materials, and upon TuGo Companies' written request, the User shall delete or return to TuGo Companies all Referral Materials that are in the User’s possession or control.