The terms and conditions below apply to any My e-Newsletter subscription plan or Print Upgrade purchased from Discover Publications. My e-Newsletter Customers who have an Active Subscription or who receive any My e-Newsletter products or services agree to the terms and conditions stated herein, including any updates, removals, additions, and changes to the terms and conditions which may have been applicable at the time of enrollment. A Customer’s choice to maintain or continue a Subscription, or to receiving paid services from a previously purchased Subscription (even if that Subscription is currently Cancelled), is considered an expression of the Customer’s agreement to My e-Newsletter’s current terms and conditions. Additional terms and conditions may apply to other products or services which Discover Publications may offer.
My e-Newsletter is the brand name of a newsletter marketing product which is described and advertised on this website and produced by Discover Publications. Discover Publications, herein referred to as Discover, is a trade name of Green Energy Publishing LLC, an Ohio corporation. A Customer is an individual person, Sole Proprietor, or authorized representative of a company or group who purchases a My e-Newsletter Subscription and/or Print Upgrade, plus anyone who conducts business with Discover on behalf of any such person.
Service Term
My e-Newsletter is a subscription service. Service begins at the time of the Customer’s enrollment and renews at each contiguous time period automatically, until or unless cancelled by the Customer or by Discover (see Cancellation). Customers may enroll in a Monthly or an Annual subscription, and may Cancel a Subscription anytime.
Products and Services included in a Subscription
A My e-Newsletter Subscription includes the following products and services: (1) a monthly digital newsletter with the Customer’s branding, a customized Market Update, and other content which Discover sources, produces, or provides; (2) a Digital Library, which is a website managed and owned by Discover, which Discover uploads all Editions of a Customer’s digital newsletter, and which is deactivated when service ends; (3) an ActiveCampaign Email Account with up to 500 contacts (additional contacts may be added for an additional cost, see myenewsletter.com/pricing), which Discover activates, sets up, accesses, and uses in order to send the Customer’s newsletter emails, from which the Customer may manage contacts, view email performance, and send unlimited emails, and which is deactivated when service ends; (4) two newsletter marketing emails per month, sent by Discover to the contacts listed in the Customer’s ActiveCampaign account; (5) sign-up forms which connect to the Customer’s ActiveCampaign account, which Discover can embed onto the Customer’s website or to other locations at the Customers request (Discover may not remove or dis-embed these when service ends); (6) automated email notifications (“hot lead alerts”) sent to the Customer when an email recipient clicks an email call to action button; (7) unlimited downloads and distribution of the whole and complete digital newsletter.
Allowable use of Digital Newsletters
Each digital newsletter edition of My e-Newsletter is viewable on a dedicated URL, posted and available on the Customer’s Digital Library, and emailed by Discover to the Customer’s ActiveCampaign contact list twice per month. Customers may use and market with their digital newsletter editions in other ways, too. It is allowable for Customers to download PDFs of, print and distribute, email, post, publish, and freely disseminate their digital newsletters in any way they wish, if such actions are permitted by applicable regulations, third party agreements, or laws. However, the Customer may not modify, adjust, edit, change, or alter their My e-Newsletter newsletter in any way. The content contained in each newsletter edition is licensed for use as part of a whole and complete newsletter, as designed and completed by Discover. The articles, features, recipes, stats, calls to action, and all other content within a My e-Newsletter newsletter may not be parsed out from the newsletter and used as individual marketing asset, Customer-generated email, blog post, or in any way at all. Customers who violate this policy may be charged a fine of up to $2,250, or the maximum allowable by law (whichever is less) plus the amount of any damages, fees, legal or court costs, or other costs incurred by Discover as a result of the violation, the Customer’s Subscription will be Cancelled, and any Editions or services which the Customer may have already purchased and have not yet received will be forfeited without refund.
Setup and First Edition
Customers must complete a Setup Form (or Kickstarter) after purchasing a Subscription. This must be completed within one week of enrollment to ensure timely and complete service. Once a Customer completes this form, Discover will produce the following items for the Customer: (1) activation and setup of an ActiveCampaign Email Account; (2) a Digital Library (see Digital Library); (3) a customized newsletter and email template which Discover will use for the Customer’s My e-Newsletter Editions (newsletter templates are not provided to the Customer); and (4) the Customer’s first My e-Newsletter Edition. Discover cannot complete the setup of a My e-Newsletter Subscription nor produce or provide to the Customer any part of the My e-Newsletter product without a satisfactorily completed Setup Form from the Customer. If a Customer is delayed in completing or fails to complete a Setup Form, the Customer forfeits any service which Discover is unable to provide. If a Customer purchases a Monthly Subscription, the payment for the Customer’s second month of service will be due and charged one month after the Customer’s enrollment. Any My e-Newsletter service which a Customer has not received prior to this time due to a missing or insufficient Setup Form will not be refunded or credited to any future service. If a Customer does not satisfactorily complete a Setup Form within 60 days of enrollment, the Customer’s account will be Cancelled and any services purchased by the Customer prior to the Cancellation will be considered forfeited. All My e-Newsletter Subscriptions, Editions, Fees, and Payments are nonrefundable and nontransferable.
Automatic Payment Authorization
Customers are required to enroll in automated Subscription payments. During Sign-up (completing the “Get Started” and “Subscription” forms), the Customer must provide a valid credit or debit card, which will be charged for the initial Subscription fees and for future applicable payments (the Monthly or Annual Subscription Payment). The Customer authorizes Discover to, on a recurring basis, automatically charge the debit or credit card account specified by the Customer for payment of the Customer’s My e-Newsletter Subscription. The amount of the charge will be the applicable price published on myenewsletter.com/pricing at the time of the payment. At any time, a Customer may update their payment information, change their Subscription level, or Cancel a Subscription (thereby halting any future payments, with the exception of any payments which may have already been initiated prior to the Cancellation; see Cancellation). Any of the aforementioned actions listed in this paragraph do not constitute a breach of these terms and conditions.
Payment Dates and Amounts
Monthly Subscription payments are due and charged each month, and on or around the same day each month. For example, if enrollment occurs on January 1, the next payment will be processed on February 1. Annual Subscription payments are due and charged each year, and on or around the same day and month of each year. For example, if enrollment occurs on 1/1/2022, the next payment will be processed on 1/1/2023.
The amount of due for each Edition is the Monthly Subscription or Annual Subscription price listed on myenewsletter.com/pricing. Customers will be notified by email 30 days’ or more prior to any increases to the Monthly or Annual price. By continuing a Subscription following a price increase, the Customer is expressing agreement to the new price and authorizes Discover to collect that amount on the applicable payment date and every month thereafter, while the Customer’s Subscription remains active.
Declined Automatic Payments
It is the responsibility of the Customer to provide and maintain accurate and valid payment information in their My e-Newsletter member account. If a payment is declined for any reason, the Customer will be notified and given a period of time to update payment information. If, within this time period, the Customer updates their payment information and Discover is able to successfully charge the payment due, the Customer’s Subscription will remain uninterrupted (the next Edition will be produced and deployed on schedule). Otherwise, the Customer’s Subscription may be Cancelled (see Cancellation).
Proof and Approval Process
Customers will receive a Proof of each digital newsletter edition and of both marketing email associated with that edition. If the Customer does not request Revisions within the time period stated on the Proof email (or within two business days, if no time period is stated), then the Proof will be considered Approved by the Customer, even if the Proof has been routed to the Customer’s Spam or Junk folder. If Discover is unable to send a Proof to a Customer due to the proof email being bounced by the Customer’s email service, the Customer’s subscription may be Cancelled if no alternate email is available. If a Customer requests Eligible Revisions to a Proof within the time period allotted, Discover will complete these revisions and provide a revised Proof to the Customer prior to the date which the first email associated with the Proof is scheduled to deploy, and these will be considered Approved by the Customer unless the Customer requests further revisions within six business hours of the scheduled send time of the first email associated with that Proof. A virtual design session will be required for revisions requested on a revised Proof; if a Customer does not schedule or attend this session, the revised Proof will be considered Approved and will be emailed at the scheduled date and time. If a Customer requests Revisions which are not eligible, Discover will notify the Customer and clarify which of their requested Revisions (if any) can be completed, Discover will complete those Revisions (and may complete addition Eligible Revisions which the Customer may request in response to Discover’s notification, time permitting), and will send a revised Proof to the Customer. No revisions can be made to any digital newsletters or emails after the deadlines for requesting revisions (as outlined herein) have passed, however Customers may request that Discover not send an email or not upload a digital newsletter to the Digital Library. Declining to receive a digital newsletter, email, or any part of the My e-Newsletter service is a forfeiture of that service, and that service is nonrefundable.
Cancellation
Both the Customer and Discover may cancel a My e-Newsletter Subscription at any time, for any reason. All My e-Newsletter Subscriptions, fees, payments, editions, and service months are nonrefundable.
Upon Cancellation of an Annual Subscription, the Customer will continue to receive any My e-Newsletter service months which may be remaining in their current 12-month period of service. The Customer may at any time decline to receive a paid My e-Newsletter service month. If a Customer chooses to do so, he or she is also rejecting and forfeiting any additional remaining paid service months thereafter, thereby ending his or her business relationship with Discover, and releasing Discover of any obligation to provide any service at all. Discover reserves the right to deactivate a Customer’s ActiveCampaign Account and Digital Library if and when a Customer rejects a service month, so long as that Customer’s Subscription is Cancelled.
Definitions
My e-Newsletter, Subscription, Service: a Monthly or Annual digital newsletter marketing subscription service purchased from and produced by Discover, as described and advertised on myenewsletter.com, or any part or elements thereof. Subscribed, Subscribing, Sign-up, Signed Up, Enrolled, Enrolling, Enrollment: an active subscription status to My e-Newsletter; meaning, a Customer has purchased a Subscription by successfully completing the “Get Started” form on myenewsletter.com, the Subscription has not been Cancelled, and the Customer is in good standing with regard to payment and the terms and conditions of My e-Newsletter and ActiveCampaign. Digital Newsletter, Newsletter: a 4-page newsletter in digital format, produced by Discover and customized for a specific Customer as part of the Customer’s My e-Newsletter service. My e-Newsletter Edition, Edition: a complete My e-Newsletter product for a particular month, which generally encompasses a four- to five-week time period. This includes a single and specific Digital Newsletter edition with a unique design for one Customer (which is uploaded to the same Customer’s Digital Library), and two unique emails sent by Discover on behalf of the same Customer, to that Customer’s ActiveCampaign database. Email Account: an ActiveCampaign email account set up by Discover and provided to a Customer as part of the My e-Newsletter service, which is owned by the Customer and accessed, used, and managed by Discover while the Customer is Subscribed. Newsletter Email, Email: an email produced and sent by Discover on behalf of a Customer (to the customer’s Email Account database), containing a link to an Edition, content pertaining to that Edition, and other content and features included in the Service. Each Edition includes two emails, which are generally referred to as the “Newsletter” or “Main” email and the “Next” or “Second” email. Proof: an email which is sent from Discover to a Customer and which contains previews of three completed elements of a Customer’s My e-Newsletter Edition: the Newsletter (which is uploaded to the Digital Library); the Newsletter email; and the second email which is included with each month of service.