(Updated as of June 1, 2023)
This updated Marketing Policy incorporates, and to the extent necessary, modifies and supersedes, any prior communications or directives from Bottom Line Concepts, LLC (“Bottom Line”).
Bottom Line respects the privacy rights of any person or entity that does not want to be contacted by, or receive marketing outreach from, Bottom Line or any independent third-party referral source that may provide referrals to Bottom Line (each, an “Independent Referral Source” or “You”). This Marketing Policy governs any and all marketing, advertising or other promotional activities (collectively, “Marketing Activities”) undertaken, directly or indirectly, in any medium or forum (i.e. television, radio, Instagram, Facebook) by any Independent Referral Source that has entered into a referral agreement with Bottom Line. Compliance with this Marketing Policy is mandatory in all respects and will be monitored by Bottom Line. Any Independent Referral Source found to be in violation of this Marketing Policy shall be subject to termination of its relationship with Bottom Line, in addition to all other rights and remedies available to Bottom Line.
Bottom Line is very proud and appreciative of the enthusiasm demonstrated by its Independent Referral Sources to help identify those American businesses that retained their employees during the COVID-19 pandemic and otherwise meet the qualification requirements established by Congress under the CARES Act (“ERC”), as there are many misconceptions, even by tax specialists who are not versed in ERC, regarding which businesses do or do not qualify. With that said, it is very important that all Marketing Activities undertaken by Independent Referral Sources, including in any social media, be truthful and not misleading, including with respect to the source of such Marketing Activities. Independent Referral Sources must, at all times, strictly conform to and comply with any and all applicable laws, regulations, orders, or other requirement imposed by a regulatory authority (whether federal, state, or local), including the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, California Consumer Privacy Act, and any and all other consumer protection laws pertinent to such Independent Referral Source’s jurisdiction and/or the jurisdiction of the recipient of the Marketing Activities. More specifically, Independent Referral Sources shall comply with all governing laws and regulations regarding “do not call” lists, including but not limited to, registering in all states where applicable, maintaining employee trainings, keeping records, and timely carrying out scrub requirements. Furthermore, it is a material requirement of this Marketing Policy that each Independent Referral Source be properly permitted, licensed and authorized to do business in any jurisdiction where such Independent Referral Source undertakes marketing.
Any Marketing Activities undertake by an Independent Referral Source, directly or indirectly, shall be truthful and accurate, including accurately describing the parameters of the employee retention credit under the CARES Act (“ERC”) per then-current IRS guidance, and shall, with respect to ERC, emphasize that ERC Refunds are only available to qualifying businesses. Under no circumstances shall any Marketing Activities You undertake, directly or indirectly, include any defamatory, maliciously false, or disparaging remarks, comments or statements concerning any person or entity. Independent Referral Sources shall not, directly or indirectly, display or otherwise utilize any intellectual property of Bottom Line, including any Bottom Line logos, e-mail addresses or website domains, in any Marketing Activities, without Bottom Line’s prior written consent.
Bottom Line shall have no obligation (and shall not be expected under this Marketing Policy) to review any of Marketing Activities of an Independent Referral Source for compliance with any applicable laws.
You acknowledge and agree that any Marketing Activities conducted in violation of any provision of this Marketing Policy (a) constitutes a material breach of this Marketing Policy, (b) shall be grounds for immediate termination of any agreement between You and Bottom Line, and (c) You assume, and will defend, indemnify and hold Bottom Line harmless against any and all liability that may arise as a result of any such violation.
You shall not undertake any telephone, SMS, MMS, or facsimile marketing through the use of an automatic telephone dialing system (ATDS) or artificial pre-recorded script, or any similar telephonic service or system, without the prior express written consent of Bottom Line and the recipient of such marketing.
Do-Not-Call Registries: It is a material requirement of this Marketing Policy that You scrub against all applicable Do-Not-Call registries prior to initiating telephone solicitations, and that You establish and implement, with due care, reasonable practices and procedures to effectively prevent telephone solicitations to any person, entity or number registered on any state, national or third-party Do-Not-Call registry.
Call Time Restrictions: You shall not contact any number between 8:00 p.m. and 9:00 a.m. in the recipient’s local time zone, or during public holidays.
Identification Requirements: You shall always identify yourself truthfully to any recipient, including providing your name, the name of the company you’re calling on behalf of, and a telephone number or address recipients can use to get back in touch and/or make a no-contact request.
Telemarketing License Requirements: You shall be responsible for and shall bear all costs of obtaining and maintaining all applicable permits and licenses required to engage in any Marketing Activities that You undertake, including but not limited to telemarketing licenses, in each such jurisdiction.
Records Requirements: You shall maintain records of calls as required by applicable law.
Employee Training: You shall train all employees engaging in telephone solicitation, which includes training on this Marketing Policy. You shall review this Marketing Policy with Your employees on a regular basis to ensure understanding and compliance.
Customer Complaints: You shall investigate and resolve all customer complaints in an expeditious manner, including addressing any claims from customers that are claiming You contacted them despite being on an applicable Do-Not-Call registry.
You shall not send any unsolicited commercial email to any recipient unless (a) such recipient gives voluntary consent and (b) Bottom Line expressly authorizes in writing the sending of such email.
You shall not send an email to any email address that was (a) collected from a public source on the internet, (b) obtained by automated means or (c) obtained by using automated means to register multiple accounts that would enable others to send emails in violation of this Marketing Policy.
You shall not send any email that:
Any email You send must contain (a) a notice to recipients that they have the right to opt-out of receiving future emails, and (b) a link that recipients can use to complete their opt-out request.
You shall not violate the intellectual property rights of any third party. Before using any images, videos, text, script(s), applications, trademarks, patents, logos and functional elements (“Content”) in any marketing material, you must first secure the full legal right to use said Content in a commercial context, free and clear from any and all encumbrances and/or third-party claims.
All marketing material that You disseminate or utilize, whether produced by You or not, must include a hyper-link, email and domestic telephone number where no-contact requests can be made, and provide a cost-free mechanism for a recipient to submit a no-contact request. You shall establish and maintain systems and procedures appropriate to effectuate any opt-out, unsubscribe, “do not call” and “do not send” requests sent by a recipient, which shall be honored promptly and without exception.
YOU AGREE TO FULLY PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY, AT YOUR EXPENSE, BOTTOM LINE CONCEPTS, LLC AND ITS AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SHAREHOLDERS, AND ATTORNEYS, FROM AND AGAINST ANY AND ALL THIRD-PARTY DEMANDS, CLAIMS, ACTIONS, PROCEEDINGS, LAWSUITS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ AND EXPERTS’ FEES AND COURT COSTS), REGARDLESS OF THE CAUSE OR ALLEGED CAUSE THEREOF, AND REGARDLESS OF WHETHER SUCH MATTERS ARE GROUNDLESS, FRAUDULENT OR FALSE, ARISING OUT OF ANY ACTUAL OR ALLEGED (A) NONCOMPLIANCE WITH OR BREACH BY YOU OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS MARKETING POLICY; (B) YOUR MISUSE OF BOTTOM LINE’S PROMOTIONAL MATERIALS; (C) ALL ILLEGAL CONDUCT AND ACTIVITIES UNDERTAKEN BY YOU OR ON YOUR BEHALF; (D) ANY DEFAMATORY, LIBELOUS OR ILLEGAL MATERIAL(S) CONTAINED WITHIN YOUR CONTENT OR PROMOTIONAL MATERIAL(S); (E) CLAIM OR CONTENTION THAT ANY OF YOUR WESITES OR OTHER CONTENT CONTAIN ANY INFORMATION, DATA, OR OTHER MATERIALS WHICH MISAPPROPRIATES OR INFRINGES ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, SERVICE MARKS, TRADE SECRETS, KNOW-HOW OR OTHER CONFIDENTIAL INFORMATION, TRADE DRESS, TRADE NAMES, LOGOS, CORPORATE NAMES AND DOMAIN NAMES, TOGETHER WITH ALL OF THE GOODWILL ASSOCIATED THEREWITH, DERIVATIVE WORKS AND ALL OTHER RELATED RIGHTS, OR VIOLATES ANY THIRD PARTY’S RIGHTS OF PRIVACY OR PUBLICITY; (F) ANY CLAIM RELATED TO ANY OF YOUR ADVERTISEMENT(S) NOT EXPRESSLY AUTHORIZED BY BOTTOM LINE; IN WRITING (G) COSTS, FINES, PENALTIES OR OTHER AMOUNTS OWED TO A REGULATORY AUTHORITY AS A RESULT OF YOUR FAILURE TO COMPLY WITH LOCAL OR FEDERAL LAW; AND/OR (H) ACT, ACTIVITY, OR OMISSION OF YOURS OR ANY OF YOUR EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR OTHER REPRESENTATIVE. BOTTOM LINE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION FROM YOU, BUT SHALL HAVE NO OBLIGATION TO DO SO, AND BOTTOM LINE IS PERMITTED BY THIS MARKETING POLICY TO LATER SEEK INDEMNIFICATION FROM YOU. YOU SHALL NOT SETTLE ANY SUCH CLAIM OR LIABILITY WITHOUT THE PRIOR WRITTEN CONSENT OF BOTTOM LINE. YOU UNDERSTAND THAT BOTTOM LINE WILL TAKE ANY AND ALL MEASURES TO PROTECT ITSELF FROM ANY LEGAL OR CIVIL LITIGATION, IN BOTTOM LINE’S SOLE DISCRETION. YOU UNDERSTAND THAT BOTTOM LINE MAY CHARGE, ON AN HOURLY BASIS, FOR ANY AND ALL TIME EXPENDED RESPONDING TO THIRD PARTY COMPLAINTS, DEMAND LETTERS, DISPUTES, COPYRIGHT CLAIMS, TRADEMARK CLAIMS, AND ANY AND ALL OTHER CLAIMS OR ACTIONS INVOLVING YOU, YOUR EMPLOYEES, OR AGENTS. THIS INDEMNIFICATION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH BOTTOM LINE.