ACCEPTABLE USE POLICY.
This Acceptable Use Policy (hereinafter “AUP”) describes certain conduct permitted and certain conduct prohibited with the use of the DynamiAds Affiliate Network and its services as subscribed to pursuant to the Terms and Conditions for Publishers “Agreement” executed between Publishers and DynamiAds into which this Policy is incorporated.
Any violation of this AUP may result in account freezes, suspension, deactivation and/or termination. DynamiAds reserves the right to research, investigate and evaluate each violation individually and take action as DynamiAds deems appropriate. Actions may vary and could include, but are not limited to, written and/or verbal warnings, forfeiture of recorded earnings, immediate account suspension and/or immediate account termination. DynamiAds also reserves the right to pursue legal and typical recovery processes in the event this AUP is violated.
The information contained within this AUP may be updated from time to time and the scope of permitted and prohibited activities are not limited to examples listed within this policy. Publishers are expected to review this policy regularly and not to engage in any questionable affiliate marketing strategies.
Publishers are prohibited from conducting any illegal activity whatsoever which includes any violations of applicable U.S. federal or state laws and/or regulations. The same applies for any Canadian federal or provincial law or any law of any other jurisdiction in which the Affiliate operates.
Offers and Campaigns within the DynamiAds Affiliate 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 DynamiAds 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 DynamiAds Affiliate Network.
USE OF CREATIVE.
Affiliate shall not alter, cut, crop, modify or otherwise change any aspect of the provided creative material for any campaign without DynamiAds prior written approval. Affiliate shall not post or transmit any content, images, pictures or logos in connection with DynamiAds, 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 creative, Affiliate shall contact his or her Affiliate Manager for approved creative(s).
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. DynamiAds 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 (DynamiAds 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 does 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;
- Faking tracking information to stimulate links;
DynamiAds strictly prohibits the use of Craigslist traffic. Affiliates are not allowed to use the Craigslist posting service in conjunction with any campaign promotion within DynamiAds. Affiliates using Craigslist will be terminated from the DynamiAds Publisher Program and have ALL earnings forfeited.
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 engaging in the above-mentioned activity will forfeit all earned and owing commissions and their account will be deactivated immediately.
JOB SITE TRAFFIC
Publishers of DynamiAds are strictly prohibited from running campaigns on job sites. This includes but is not limited sites such as Monster.com, Yahoo, Hotjobs and other career/job sites. Affiliates are only permitted to run campaigns on these sites with the permission of a DynamiAds Affiliate Manager.
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. For a full list of sites, contact a DynamiAds affiliate manager. Affiliates of DynamiAds are strictly prohibited from installing software on users/consumers machine to generate clicks and/or leads for DynamiAds campaigns. Publisher may use a jump, bridge and or landing page for these sites but direct linking is prohibited.
Offline marketing of any DynamiAds Ad campaigns is prohibited without prior written consent from DynamiAds and DynamiAds 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 DynamiAds or Client websites (generally campaign landing pages) into an Affiliate or third party website is prohibited without prior written consent from a DynamiAds Representative. Framing includes, but is not limited to the use of:
- Hidden Frames; and
Affiliate shall not publish any content in connection with DynamiAds, 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 DynamiAds 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;
- Auto spawning of browsers;
- Automatic redirecting;
- Blind text links;
- Spyware or malware hyperlink;
- Forced clicks;
- Phishing; and
DynamiAds asks that anyone who believes or knows there is a violation of this AUP should direct the information immediately to the DynamiAds Compliance Team at firstname.lastname@example.org. When reporting a violation please include as much information as possible to help us evaluate and investigate each case.
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 should consult with his or her Affiliate Manager if ever uncertain about a particular third party traffic seller.
Violation of this Acceptable Use Policy will result in legal and other disciplinary action.