Adobe Acceptable Use Policy for Products and Services Involving Email Marketing

I. Purpose

Compliance with this Adobe Acceptable Use Policy (the “AUP”) protects the interests of individuals on the internet as well as the reputation and goodwill of Adobe, its subsidiaries, and its customers including those using Adobe Products and Services. Ensuring the utmost standards of email marketing is a collective responsibility.

II. Prohibition Against Unsolicited Email/Spam

Customers must refrain from directly or indirectly sending, transmitting, distributing, or delivering:

a. Unsolicited bulk email ("spam" or "spamming”), i.e., emails to a Recipient or Contact who has not affirmatively provided first-party consent to the receipt of emails by providing their email address in a manner from which consent may be reasonably implied.

b. Email to an address obtained via Internet harvesting or other surreptitious methods (e.g., scraping, renting, purchased lists, co-registration, affiliate marketing, incomplete or old lists, or email appending, a practice Adobe defines as taking known Customer Data and matching it against a third-party vendor’s database in order to obtain email addresses).

c. Email that generates abuse or spam complaints, or other deliverability issues impacting Adobe or our customers.

d. Email that generates spam trap hits resulting in IP/Domain blocklisting, or other deliverability issues which may materially impact Adobe or its customers’ reputations.

III. Inclusion of Opt-Out Provision

Customers must ensure all commercial emails include a provision for Recipients or Contacts to opt-out or revoke permission to be sent future messages from Customer. Customer agrees that email addresses associated with unsubscribe requests shall be suppressed, and, to the extent possible, removed without delay with no future promotional, commercial, or marketing messages to be sent to the unsubscribed Recipient or Contact unless permission is subsequently granted or to the extent required by applicable law, and

a. Either to use the unsubscribe tools provided by Adobe; or

b. To have procedures in place easily allowing a Recipient or Contact to opt-out, which shall include a clear remove/unsubscribe/opt-out link.

IV. General Prohibitions

a. Customers transmitting content through an Adobe Product or Service must not misrepresent or obscure their identity in any way, mislead recipients through the use of invalid or forged headers or misleading subject lines or content, or transmit such content (or appear to transmit such content) from domain names which are not owned or controlled by Customer, an Adobe-approved partner or Affiliate of Customer, or Adobe.

b. Customer must not transmit any messages through an Adobe Product or Service with content that is threatening, abusive, harassing, defamatory, deceptive, false, fraudulent, vulgar, obscene, indecent, or illegal.

c. Customer is strictly prohibited from transmitting through an Adobe Product or Service or providing to Adobe any sensitive information as that term may be used in applicable laws, or where no laws apply, information including but not limited to individuals’ financial account information; government, taxpayer, or employee IDs; payment card information; sexual preferences; medical or health information (including payment information for treatment); or personal information of children protected under any child protection laws.

d. Marketo Engage Customers regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and who have a subscription to encrypt Customer Data and Customer Content at rest and a signed Business Associate Agreement ("BAA") that applies to their Marketo license, may use Marketo Engage to process ePHI in accordance with the terms of the BAA and the Agreement, but are prohibited from using Marketo Engage to transmit or receive patient health records or information reflecting payment for patient treatment.

V. AUP Enforcement and Updates

a. AUP violations which are deemed to be a material risk to the continued normal operation of Adobe Products or Services may result in immediate termination or suspension of Customer’s license or subscription to use the applicable Products or Services. Adobe may review relevant data to determine Customers’ compliance with this AUP. Adobe will provide a written basis (including e-mail) for any termination or suspension.”

b. Adobe reserves the right to update this AUP in accordance with industry best practices and applicable law by posting a revised copy on the Adobe website. Customer agrees to review the AUP on a regular basis and to remain in compliance with the AUP.

VI. Contacting Adobe

If you receive a message sent via Adobe’s infrastructure that appears to violate this AUP, or for any known or suspected violation of this AUP, please contact Adobe promptly at aup@adobe.com. When providing email that may violate this AUP, please attach the email rather than forwarding it.