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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 PremiumWhite Network and its services, as subscribed to pursuant to the Affiliate Agreement (“Agreement”) executed between Affiliate and PremiumWhite, into which this Policy is incorporated.

Any violation of this AUP may result in account suspension or deactivation. PremiumWhite 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 PremiumWhite 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 PremiumWhite 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 PremiumWhite 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 PremiumWhite account profile and may not permit any Sub-Affiliate to use incentives for marketing any campaigns from PremiumWhite.

  • 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 PremiumWhite at any time.

Message Boards, Classifieds, etc.

Affiliate must not place PremiumWhite 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 PremiumWhite 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 PremiumWhite 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 PremiumWhite 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 PremiumWhite’s prior written approval.

Affiliate shall not post or transmit any content, images, pictures or logos in connection with PremiumWhite, 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. PremiumWhite 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 (PremiumWhite 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 PremiumWhite 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 PremiumWhite “Affiliate Agreement”in addition to the following requirements:

  • Affiliate must have written approval from a PremiumWhite 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 PremiumWhite Ad campaigns is prohibited without prior written consent from PremiumWhite and PremiumWhite 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 PremiumWhite or Client websites (generally campaign landing pages) into an Affiliate or third party website is prohibited without prior written consent from a PremiumWhite 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 PremiumWhite, 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 PremiumWhite 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

PremiumWhite requests that anyone who believes that there is a violation of this AUP direct the information to PremiumWhite’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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