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Acceptable Use Policy
Table of Contents
Acceptable Use Policy (“AUP”)
This Acceptable Use Policy (“AUP”) describes permitted conduct and
prohibited uses of the AcaiForce Network and its services, as
subscribed to pursuant to the Affiliate Agreement (“Agreement”)
executed between Affiliate and AcaiForce, into which this Policy is
incorporated.
Any violation of this AUP may result in account suspension or
deactivation. AcaiForce reserves the right to evaluate each violation
individually and take action as it deems appropriate. Actions may vary
from written warning to immediate account deactivation and forfeit of
recorded commissions.
The contents of this AUP may be updated from time to time as required
and prohibited activities are not limited to those examples listed
within. Affiliates are encouraged to regularly reference this AUP
before engaging in any questionable affiliate marketing strategies.
Legal Compliance
Affiliate shall not conduct any illegal activity whatsoever (including
any violations of applicable U.S. state or federal law or regulation,
Canadian provincial or federal law, or the laws of any other
jurisdiction in which Affiliate operates).
Campaign Specific Restrictions
Many Ad campaigns on the AcaiForce Network have additional “Terms and Conditions” specific to that campaign that are found on the “Campaign Details”
tab and must be agreed to by every Affiliate before gaining access to
any marketing materials. Affiliate must comply with all
campaign-specific “Terms and Conditions” at all times.
Many Ad campaigns on the AcaiForce Network have search engine marketing
(“SEM”) restrictions specific to that campaign that are found under the
“Search Creatives” tab for each campaign. Affiliate must comply with all SEM restrictions at all times.
Incentives
The use of incentives is strictly prohibited unless explicitly allowed
as part of a campaign, as seen on the “Campaign Details” tab, and
expressly approved in writing by a AcaiForce Representative. Incentives
cannot be provided to users in exchange for clicking on ads or
generating any other form of action for an ad campaign. Incentives
include but are not limited to awarding users cash, points, prizes,
contest entries, access to torrent files, access to site content or
functionalities, and any other thing of value transferred or licensed
to a user or a person or entity under the control of a user.
- Affiliates approved to use incentives may only use incentives to promote those campaigns which explicitly indicate, on the “Campaign Details” tab, that incentives may be used.
-
Affiliates approved to use incentives may only use incentives on sites
included in their AcaiForce account profile and may not permit any
Sub-Affiliate to use incentives for marketing any campaigns from
AcaiForce.
- Affiliates approved to use
incentives must only use the type or form of incentive for which they
were approved. All types of incentives must be individually approved
prior to use.
- Proof of written approval to use incentives may be requested from AcaiForce at any time.
Message Boards, Classifieds, etc.
Affiliate must not place AcaiForce ad codes on, advertise or otherwise
promote any offers via third party website internal communications
systems, message boards, chat rooms, or free classified sites including
but not limited to MySpace.com, Facebook.com, Tagged.com, Craigslist,
Backpage, Yahoo Answers etc.
This includes but is not limited to:
- Posting AcaiForce affiliate links directly in a Craigslist, or any other similar market place, classified ad listing;
-
Posting links for an Affiliate website or landing page designed
primarily to promote AcaiForce Ad campaigns in a Craigslist, or any
other similar marketplace, listing; and
-
Collecting email address data generated from a Craigslist, or any other
similar marketplace, classified ad listing and later sending
promotional emails including AcaiForce Ad campaigns to those email
addresses.
Misleading and Deceptive Advertising
As per Section 5 of the Federal Trade Commission Act it is against the
law to mislead consumers through false or deceptive statements, claims,
or representations. Affiliate is encouraged to read the “Advertising and Marketing on the Internet: Rules of the Road”( http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus28.shtm) before marketing any products and shall not at any time:
- Mislead users with deceptive or misleading language;
- Promote content, products or services not actually offered by the Advertiser of a campaign;
- Use false claims, testimonials or any similar content ;
- Use fake or misleading blogs, news sites or any similar content;
-
Use photos, quotes, logos/seals of any public figure, including but not
limited to celebrities or organizations, without written consent and
legal rights to the content ; or
- Imply that a
product or service is “Free” through unclear or deceptive language if
there are any future costs associated with that product or service
(except for fees associated with shipping and handling of such product)
An example of a misleading method includes “Job Sites” that deceive
users with the promise of employment for completing offers related to
education or home business opportunities, “Flogs”, etc...
Creatives
Affiliate shall not alter, cut, crop, modify or otherwise change any
aspect of the provided creatives for any campaign without AcaiForce’s
prior written approval.
Affiliate shall not post or transmit any content, images, pictures or
logos in connection with AcaiForce, its campaigns or Clients that
infringes on trademarks or intellectual property rights of a third
party, or that Affiliate does not have the legal license or authority
to use.
The use of free images found through Google Image Search or any other
means is prohibited. Should Affiliate wish to use non-provided images,
he or she is recommended to license images from stock photo providers
such as istockphoto.com.
If promoting ads through e-mail marketing, and to ensure compliance
with the CAN SPAM Act of 2003, Affiliate must only use provided e-mail
creatives. If campaign allows for e-mail marketing but does not have
available HTML or TEXT creatives, Affiliate shall contact his or her
Affiliate Manager for approved creative(s).
Fraud
Affiliates, including Sub-Affiliates, who commit fraudulent activities,
will forfeit all earned and owing commissions for all campaigns, not
only those commissions associated with the fraudulent activity, and
their account will be deactivated effective immediately. AcaiForce
reserves sole judgment in determining fraudulent activity. Fraudulent
activity includes but is not limited to:
- Use of false data or credit card numbers on any signup form, contract, online application or registration.
-
Use of unauthorized data or credit card numbers in the name of third
parties on any signup form, contract, online application or
registration.
- Manipulation of tracking
information or Ad Media (AcaiForce unique tracking links and Client
landing pages) to stimulate leads or inflate commissions. Prohibited
activities include but are not limited to:
-
Cookie stuffing - No more than one cookie may be set when a page is
called, regardless of whether these cookies are set in different areas
of the page, ad servers, pop-ups, pop-unders, layers or other elements
loaded when the page is called.
- Any
generation of leads or transactions in bad faith by Affiliate or from
any device, program, robot, computer script or other automated methods
to artificially inflate commissions.
- Any generation of clicks that do not map any conscious action by an individual user including but not limited to:
- Repeat manual clicks;
- Use of robots or other automatic means to generate clicks; and
- Faking tracking information to stimulate links.
Affiliate Account
To ensure timely payment and accurate communication channels, Affiliate
is responsible for maintaining the correct contact and payment
information in his or her account. Profile information must be updated
by the last day of the month to be used for that month’s payment
Registration of more than one account (per individual or company) in
the AcaiForce network, without prior written approval, is prohibited.
Affiliate is legally responsible for all activity through his or her
account at all times. Affiliate, through action or inaction, cannot
sell or permit access to his or her account to any third party for whom
he or she does not have control and authority over. Affiliate is at all
times solely responsible for activity from any Sub-Affiliate.
Sub Affiliates
Should affiliate wish to contract a Sub-Affiliate, he or she must comply with the “Sub-Affiliate Provisions” (including sections 2.3 and 2.4 of the agreed upon AcaiForce “Affiliate Agreement”in addition to the following requirements:
- Affiliate must have written approval from a AcaiForce Representative to contract Sub-Affiliates; and
- Affiliate must pass subID’s in their unique affiliate link that associate a separate alphanumeric value for each Sub-Affiliate.
Miscellaneous
Offline marketing
- Offline marketing of any AcaiForce Ad campaigns is prohibited without
prior written consent from AcaiForce and AcaiForce Client. Offline
marketing includes but is not limited to:
- Leads or sales via in and outbound call centers;
- Leads or sales generated through shops, mall kiosks, on campus information booths, etc.; and
- Any lead or sale where the affiliate or other third party submits a lead or concludes a sale on behalf of the end user.
Frames
- The framing of AcaiForce or Client websites (generally campaign
landing pages) into an Affiliate or third party website is prohibited
without prior written consent from a AcaiForce Representative. Framing
includes but is not limited to the use of:
- Iframes
- Hidden Frames; and>
- Mirrors
Website Content
- Affiliate shall not publish any content in connection with AcaiForce,
its campaigns or Clients that is unlawful, deceitful, defamatory,
libelous, abusive, violent, prejudicial, pornographic, threatening,
harmful or otherwise objectionable.
Website Requirements - Any and all websites used to promote AcaiForce Ads must at all times:
- Be fully functional at all levels, with no “under construction” sites or sections;
-
Be represented by a legitimate second-level domain name (e.g.
yoursite.com is acceptable; however, a shared server, e.g.,
sharedsite.com/yoursite, is not acceptable);
- Not consist solely of a list of links or advertisements; and
- Not include spawning process pop-ups.
Third Party Traffic
- Affiliate is at all times responsible for traffic sent through his or
her account. Affiliate is recommended to perform appropriate due
diligence before purchasing traffic from third party sources. Many
companies sell inexpensive traffic that result in poor quality
performance and/or fraudulent activity. Affiliate is recommended to
avoid traffic sold by sellers such as buyhitscheap.com and advertyz.com
etc. and should consult with his or her Affiliate Manager if ever
uncertain about a particular third party traffic seller.
Non-Permissible Activity - The following methods of distribution are not permitted:
- Autospawning of browsers;
- Automatic redirecting;
- Misdirecting;
- Blind text links;
- Spyware or malware (see DLS Policy) hyperlink;
- Forced clicks;
- Phishing; and
- Spoofing
Facilitating AUP Violation
- Affiliate shall not advertise, transmit, or otherwise make available
any software, program, product, service or misleading advice that is
designed to violate this AUP. This includes but is not limited to spam,
data harvesting, pinging, denial of service attacks, piracy of
software, content incentive pops, and any other advertising method that
has been specifically prohibited under this AUP, Affiliate Agreement,
DLS Agreement, Email Agreement or Privacy Policy.
Reporting Violations of this AUP
AcaiForce requests that anyone who believes that there is a violation
of this AUP direct the information to AcaiForce’s Compliance department
at: AUPViolation@network.com.
When reporting a possible violation, please provide as much information
as available to help us evaluate each case effectively. Useful
information may include: (i) Type of alleged violation; (ii) evidence
of alleged violation; (iii) date and time of alleged violation; and
(iv) IP address used to commit alleged violation.
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