This Acceptable Use Policy "AUP" describes certain conduct permitted and certain conduct prohibited with the use of the Envyus Media Network and its services as subscribed to pursuant to the Terms And Conditions For Publishers "Agreement" executed between Publishers and Envyus Media into which this Policy is incorporated.
Any violation of this Acceptable Use Policy may and could result in account freeze, suspension, deactivation and/or termination. Envyus Media reserves the right to research, investigate, and evaluate each violation individually and take action as Envyus Media deems appropriate. Actions could vary but are not limited to written and/or verbal warnings, forfeiture of recorded earnings, immediate account suspension and/or immediate account termination. Envyus Media also reserves the right to pursue legal and typical recovery processes in the event this Acceptable Use Policy is violated.
The information contained within this "AUP" may possibly be updated from time to time as required, permitted and prohibited activities are not limited to examples listed within this policy. Publishers are encourage and expected to review this policy regularly before attempting and/or engaging in any questionable affiliate marketing strategies.
Publishers are not allowed to conduct any illegal activity whatsoever which includes any violations of applicable US state, federal laws and/or regulations. The same applies for any Canadian provincial or federal law as well as any laws of any other jurisdiction in which the Affiliate operates.
Offers and Campaigns within the Envyus Media Network may have "extra notices" and "descriptions" that will have explicit compliance, restrictions, and other additional notes regarding the use and promotional methods allowed for each campaign. As a Publisher with Envyus Media you agree to abide by these "descriptions" and "extra notices" before accessing any campaign materials. Affiliates must comply with all details within each campaign on the Envyus Media Network.
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; or
- Promote content, products or services not actually offered by the Advertiser of a campaign.
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.
Affiliate shall not alter, cut, crop, modify or otherwise change any aspect of the provided creatives for any campaign without Envyus Media's prior written approval.
Affiliate shall not post, transmit, or deliver content, images, pictures or logos in connection with Envyus Media, its campaigns, or clients, that infringe on trademarks or intellectual property rights of a third party.
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 Affiliate account will be deactivated effective immediately. Envyus Media reserves sole judgment in determining fraudulent activity.
Fraudulent activities include but are not limited to:
- Use of fictitious data, stolen credit cards, virtual credit cards (commonly referred to as VCCs), or Gift Cards on any signup form, contract, online application, or registration.
- Use of unauthorized data or credit cards in the name of third parties on any signup form, contract, online application, or registration.
- Manipulation of tracking information (Envyus Media unique tracking links and Client landing pages) to stimulate leads or inflate commissions.
- Forging, Modifying, or Cloaking User Agents, IPs, Header Information, and any and all network packet information to disguise traffic in an attempt to manipulate or trick Envyus Media tracking or Client landing pages/tracking system
- ”Cookie Stuffing” – Only one cookie may be set when page is loaded or called on the webserver the landing page is hosted on, regardless if the cookie(s) are set in different areas of the webpage, ad servers, pop-unders, pop-overs, pop-ups, layers, or other elements contained when webpage is loaded or called.
- Generation of leads or transactions in bad faith by Affiliate or from any device, program, robot, script, or other automated method to artificially inflate commissions.
- Any generation of clicks that do not map a conscious action by a individual human user including, but not limited to: Repeat manual clicks, use of robots or other automatic method to generate clicks, use of manpower to generate manual clicks mimicking a natural user click, faking or inflating statistical tracking information to "pad" or "inflate" clicks in an attempt to manipulate network EPC.
Affiliate shall not represent him/herself as being affiliated in any way with a government agency. Impersonation of government websites or agencies is strictly prohibited, and includes but is not limited to:
- Use of any search engine display URLs or actual URLs which contain, or are variations on, the domain ".gov"
- Text/images within a website which reference an affiliation with a government agency
- Bidding on keywords that contain the name of any government agency
Any Affiliate doing so will forfeit all earned and owing commissions and their account will be deactivated immediately.
Adware/Popup/Popunder Traffic Affiliates are strictly prohibited from direct linking from Adware, Popover and Popunder sites including, but not limited to: Media Traffic, Zango, Traffic Vance and sites that fall under the same category. Affiliates of Envyus Media are strictly prohibited from installing software on users/consumers machine to generate clicks and/or leads for Envyus Media campaigns. Publisher may use a jump, bridge and or landing page for these sites but direct linking is prohibited.
Offline marketing of any Envyus Media Ad campaigns is prohibited without prior written consent from Envyus Media and EnvyusMedia 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.
The framing of Envyus Media or Client websites (generally campaign landing pages) into an Affiliate or third party website is prohibited without prior written consent from a Envyus Media Representative. Framing includes, but is not limited to the use of:
- Hidden Frames
Affiliate shall not publish any content in connection with Envyus Media, its campaigns or Clients that is unlawful, deceitful, defamatory, libelous, abusive, violent, prejudicial, pornographic, threatening, harmful or otherwise objectionable.
Any and all websites used to promote Envyus Media 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
- Not include spawning process pop-ups
- Autospawning of browsers
- Automatic redirecting
- Blind text links
- Spyware or malware (see DLS Policy) hyperlink
- Forced clicks
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 Envyus Media 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.
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.
Envyus Media asks that anyone who believes or knows there is a violation of this AUP should direct the information immediately to the Envyus Media at [email protected]. When reporting a violation please include as much information as possible to help us evaluate and investigate each case.
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