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Affiliate Account Agreement Terms


ACCEPTABLE USE POLICY
 
This Acceptable Use Policy (“AUP”) is intended to help you understand the types of websites, newsletters and affiliate conduct that that XY7.com believes to be appropriate or inappropriate. In addition to the AUP, all websites, newsletters and advertising conduct must comply with the Affiliate Agreement executed between XY7.com and you, which is incorporated herein by reference and made part of this AUP. In the event of any inconsistency between this AUP and the Affiliate Agreement, the Affiliate Agreement shall control. Please keep in mind that this AUP is intended as a guideline, and not as an exhaustive list of content and conduct that XY7.com finds appropriate or inappropriate.   
 
XY7.COM RESERVES THE RIGHT TO CHANGE THE AUP AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. 
 
1.         LEGAL COMPLIANCE
 
You shall not violate any applicable foreign or domestic, federal, state or local statutes, laws, ordinances, rules and regulations or industry standards, including without limitation, the CAN-SPAM Act of 2003 (“CAN-SPAM”), all FTC rules, regulations and guidelines, applicable credit card merchant guidelines, and the Utah and Michigan “Child Protection Registry” laws. 
 
2.         CAMPAIGN-SPECIFIC TERMS & CONDITIONS; ADVERTISER CREATIVE
 
Advertising campaigns (“Campaigns”) made available through the XY7.com affiliate network may have campaign-specific terms and conditions. You shall comply with any and all campaign-specific terms & conditions at all times.
 
You shall only use advertiser approved artwork, text, audio, video (hereinafter, “Creative”). You shall not alter, cut, crop, modify or otherwise change any aspect of any Creative, without XY7.com’s express written approval.
 
3.         WEBSITE & NEWSLETTER REQUIREMENTS
 
Any and all websites and newsletters that you use to promote Campaigns must:
 
·         Be fully functional at all levels, with no “under construction” sites or sections;
·         Be represented by a legitimate second-level domain name (e.g. XY7.com) and not a sub-domain or third-level domain (e.g. example.XY7.com or XY7.com/example);
·         Be content-based and not simply a “parked” page or list of links or advertisements;
·         Not generate pop-up advertisements, including without limitation “pop-overs” and “pop-unders,” when entering or leaving the website or newsletter;
·         Close when instructed, i.e. when a user seeks to close or otherwise leave the website or newsletter, the website or newsletter must close down and no other behavior should result;
·         Not “mouse trap,” i.e. whereby the website or newsletter does not permit the use of the browser back-button and thereby traps the user on the website or newsletter, or whereby the website or newsletter presents other unexpected behavior, such as re-directing to another advertisement or landing page; and
·         Not contain automatic audio that plays without user instigation.
 
4.         PROHIBITED CONTENT AND CONDUCT
 
Prohibited content and conduct includes, without limitation, content and/or conduct that:
 
·      Is false misleading, fraudulent or deceptive;
·      Is libelous or defamatory, or violates the privacy or publicity rights of any third party;
·      Contains, facilitates or promotes “spam” or other advertising or marketing content that violates applicable laws, regulations or industry standards;
·      Consists of or contains viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
·      Is obscene, lewd, lascivious, filthy or pornographic, that may constitute child pornography, or that may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18;
·      Depicts excessive violence, contains comments or images that are offensive, abusive, threatening, harassing or menacing, or that incites, encourages or threatens physical harm against another;
·      Promotes or glorifies racial or religious intolerance, uses hate and/or racist terms, or signifies hate towards any person or group of people;
·      Advocates the violent overthrow of the government of the United States or other conduct that could constitute fraud or other criminal offense, gives rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
·      Glamorizes the use of hard core illegal substances and drugs;
·      Advertises: (i) tobacco products, (ii) ammunition, firearms, paintball guns, bb guns, or weapons of any kind, (iii) gambling, including without limitation, any online casino, sports books, bingo, or poker website, (iv) contests and sweepstakes, (v) get rich quick or other money making opportunities that offer compensation or financial reward in exchange for little or no investment, (vi) adult friend finders or dating sites with a sexual emphasis, (vii) adult toys, videos or other adult products, (viii) uncertified pharmaceutical products, (ix) spy cams or other illegal surveillance products, and (x) web-based, non-accredited colleges that offer degrees;
·      Promotes pyramid schemes or chain letters;
·      Promotes software pirating (e.g. Warez), phreaking or hacking;
·      Promotes or exploits religious, political or other inflammatory issues for commercial use;
·      Depicts a health condition in a derogatory or inflammatory way or misrepresents a health condition in any way;
·      Offers incentives (e.g. cash, points, prizes, contest entries, etc.) to viewers for clicking on the advertisement, for submitting personally identifiable information, or for performing any other tasks;
·      Harvests or otherwise collects information about XY7.com’s users;
·      Uses or attempts to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the XY7.com website for any use;
·      Frames XY7.com or advertiser websites;
·      Accesses protected content or data, or accesses or logs onto an a secure server or account;
·      Attempts to probe, scan, or test the vulnerability of the XYZ.com website, or any other system or network, or breaches security or authentication measures without proper authorization;
·      Interferes or attempts to interfere with the use of the XYZ.com website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
·      Uses the XY7.com website to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; and
·      Attempts to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by XY7.com in providing its website.
 
6.         PRIVACY
 
You shall comply with all applicable privacy laws. You further agree to post conspicuously on each of your websites a privacy policy, linked, at a minimum, from the website’s home page, that: (a) discloses your privacy practices, including your use of a third party for your ad serving activities, (b) identifies the collection and use of information gathered in connection with both ad serving activities and delivery of the your content, and (c) provides the user with instructions on how to opt-out out from such collection.
 
7.      MESSAGE BOARDS, CLASSIFIEDS, SOCIAL NETWORKS
 
You shall not promote Campaigns via any internal communication system, chat room, message board, or classified listing of any third-party website, including without limitation, Facebook.com, CraigsList.com, MySpace.com and Twitter. The following types of activity are strictly prohibited:
 
· Posting Campaign advertising or links in public forums or message boards;
· Placing Campaign advertising or links in your forum signature;
· Posting Campaign advertising or links in private messages or “wall” posts;
· Placing Campaign advertising or links in online marketplace classified listings; and
·   Harvesting or otherwise collecting email addresses or information from social network websites and online marketplace classified listings and thereafter sending promotional emails containing Campaign advertising or links to those email addresses.
 
8.      FALSE AND MISLEADING ADVERTISING; FTC COMPLIANCE  
 
In connection with your promotion of Campaigns, you shall not at any time:
 
  • Mislead consumers with false or misleading language or claims;
  • Promote content, products or services not actually offered by the advertiser of a Campaign;
  • Use false claims, testimonials, endorsements or any similar content;
  • Use fake or misleading blogs (‘flogs”), news sites or any similar content;
  • Use photos, quotes, logos/seals, copyrighted material or trademarks of any third-party, including without limitation, celebrities or business entities, without the express written consent of such third-party; or
  • Advertise a discount, trial or free offer without clearly and conspicuously displaying the terms of the offer, future costs, recurring billing, etc., if any.  
 
Further, if you publicly endorse any product or service that is the subject of a Campaign, you shall disclose clearly and conspicuously, and in close proximity to the endorsement, that you receive compensation in the form of affiliate commissions in exchange for such endorsement.   
9.         EMAIL PRACTICES
If you use email to market Campaigns, you shall not transmit any email:
·         with materially false or misleading header information;
·         with a “from line” that is materially false or misleading and does not accurately identify the person sending the email;
·         with a “subject line” that is misleading, false or misrepresentative or is likely to mislead the recipient about the content of the email;
·         without functioning return email or Internet address, clearly and conspicuously displayed, that functions for thirty (30) days after the email is sent, that a recipient can use to submit a reply email requesting not to receive future commercial emails or Internet communications from the sender;
·         that does not include a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of the opportunity to decline to receive further communications, and a valid physical postal address of the you and/or the advertiser; or
·         with any content that infringes or violates any applicable law or regulation or any intellectual, proprietary or privacy rights, or is misrepresentative, defamatory, inflammatory, offensive or otherwise objectionable. 
 
Further, you shall not transmit any email:
 
·         if you know, or have reason to know, that the email address was obtained using an automated means, including without limitation, harvesting software, such as harvesting bots or harvesters, dictionary attacks, etc., or via an Internet service, which indicated that at the time the address was obtained, that the service was not to give or sell the address to others; or
·         to any individual that has requested not to receive any emails more than five (5) days after receipt of such request, provided that the email falls within the scope of the request. 
 
10.              FRAUDULENT ACTIVITY
 
The following activity is considered fraudulent and is strictly prohibited:
 
·         The use of false data, credit/debit card numbers or other financial information on any signup form, contract, online application or registration;
·         The use of unauthorized data, credit/debit card numbers or other financial information in the name of third parties on any signup form, contract, online application or registration;
·         The manipulation of tracking pixels, codes, links or other tracking information to stimulate leads or inflate commissions;
·         The use of “cookie stuffing,” “cookie dropping,” “forced clicks,” or “cookie sprinkling;”
·         The artificial inflations of leads or transactions via any device, program, robot, computer script or other automated method;
·         The generation of clicks that do not map to a conscious action by an individual, including but not limited to: (i) repeat manual clicks; (ii) the use of robots or other automatic means to generate clicks; and (iii) faking tracking information to stimulate links.
If you fraudulently add leads or clicks or inflate leads or clicks through fraudulent traffic generation, whether specifically proscribed above or otherwise and as determined by XY7.com in its sole discretion, you will forfeit your entire commissions for all Campaigns and your affiliate account will be terminated. 

DMCA


THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF RAPID RESPONSE MARKETING, LLC, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.Your communication must include substantially all of the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.newco.com/eagle_page.html”) or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Send the written communication to:Rapid Response Marketing, LLC.
Attn: DMCA Complaints
7500 W. Lake Mead Blvd., #9463
Las Vegas, Nevada 89128
Email: network@xy7.com
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):Your communication must include substantially all of the following:

  1. A physical or electronic signature of the counter claimant.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number
  5. The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district which encompasses the City of Las Vegas, Nevada, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  6. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Send the written communication to:Rapid Response Marketing, LLC.
Attn: DMCA Complaints
7500 W. Lake Mead Blvd., #9463
Las Vegas, Nevada 89128
Email: network@xy7.com
Account Termination
Rapid Response Marketing, LLC will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Rapid Response Marketing LLC’s

DMCA
agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Privacy Policy


PRIVACY POLICY
OF
Rapid Response Marketing, LLC, and all related Websites.

Last updated March 30,2006

BY VISITING THIS WEBSITE AND REQUESTING INFORMATION, PRODUCTS OR SERVICES THERON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO IN THIS PRIVACY POLICY.

PLEASE NOTE: THIS PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.

This policy describes the information collection, use, and dissemination practices of Rapid Response Marketing, LLC, (“Rapid Response Marketing”) and applies to Rapid Response Marketing’s collection, use, storage and disclosure of information by Rapid Response Marketing on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various Third Party websites, and (c) to Rapid Response Marketing ‘s other information collection, including the purchase of customer lists from Third Parties. Rapid Response Marketing is not responsible for the information collection or privacy practices of Third Party websites or applications.

CALIFORNIA RESIDENTS PRIVACY RIGHTS

Companies that collect personally identifiable information (“PII”) from California residents and disclose such information to Third Parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having their information shared with Third Parties. We have elected the second option and you may request that your PII not be shared with Third Parties by sending your request, including your full name, email address and postal address to: Rapid Response Marketing, LLC, 7500 W. Lake Mead Blvd., #9-463, Las Vegas, NV 89128. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov

THE INFORMATION COLLECTION, USE AND DISSEMINATION PRACTICES OF
RAPID RESPONSE MARKETING.
1. Collection of Information.
1.1 Survey Information

Rapid Response Marketing collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes a survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by Third Parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Websites, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, Rapid Response Marketing or a Third Party (a “Third Party”) may ask an individual to provide various information to Rapid Response Marketing, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). Rapid Response Marketing may also collect information concerning an individual from another source and uses that information in combination with information provided from this web site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to Rapid Response Marketing or Third Party, but an individual may receive incentives from Rapid Response Marketing or a Third Party in exchange for providing Survey Information to Rapid Response Marketing.

 

1.2 Site Membership or Registration

To the extent registration is required to receive email and possibly postal communications from Rapid Response Marketing or a Third Party Advertiser, this Privacy Policy also applies to consumers that have agreed to receive e-mail marketing from Rapid Response Marketing or a Third Party Advertiser, whether at our Website, via email, on Third Party websites or otherwise. We collect information in certain portions of our Website, where guests provide content submissions and suggestions or participate in interactive online activities (i.e., by way of responding to questions and surveys, community listings, ratings, searches and comparison searches, bidding, purchasing, chat, games, or bulletin boards, etc.). The personal profile information you submit to Rapid Response Marketing or Third Party Advertisers remains your property, but by submitting that information to Rapid Response Marketing or Third Party Advertisers, you grant Rapid Response Marketing and/or Third Party Advertisers, the right to use that information for marketing purposes. Rapid Response Marketing or Third Party Advertisers may also use such information for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to you. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, Rapid Response Marketing reserves the right to release current or past information in the event Rapid Response Marketing believes that the information is being or has been used in violation of the Rules or to commit unlawful acts, if the information is subpoenaed, if Rapid Response Marketing is sold or acquired, or when Rapid Response Marketing deems it necessary or appropriate. By agreeing to these terms, you hereby consent to disclosure of any record or communication to any Third Party when Rapid Response Marketing in its sole discretion, determines the disclosure to be appropriate.

“Subscription” occurs when an end-user registers for Rapid Response Marketing’s and/or Third Party Advertisers’ services, either via registration at our website, via co-registration at a marketing partner’s website, or via a permission pass / opt-out / no-opt mailing Rapid Response Marketing collects personally identifiable information about our subscribers, based on: information gathered at the time of registration, subscriber interaction and response to subsequent electronic mailings and website use, information provided by marketing partners, and information appended from data aggregators. Information collected may include, but is not necessarily limited to: name, email address, postal address, gender, birth date, telephone number, activity, interests, user behavior and other demographic information. This information enables us to better tailor our content to subscribers’ needs and to help our clients to promote and sell their products and services.

1.3 Third Party List Information

Rapid Response Marketing collects information from individuals when an individual provides information to a Third Party and Rapid Response Marketing subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the “Seller”). Such purchased information may include, but is not limited to, an individual’s name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, Rapid Response Marketing seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to Rapid Response Marketing and that the Seller has a right to provide offers from Advertisers to the individuals whose personal information is included on the Seller’s list.

 

1.4 Other Information.

Other occasions when Rapid Response Marketing obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by Rapid Response Marketing or by a Third Party, (2) when an individual requests assistance through Rapid Response Marketing’s customer service department, (3) when an individual voluntarily subscribes to a service or newsletter; (4) when private information is provided by means of a referral by a third party to Rapid Response Marketing or a Third Party Advertiser (together, “Other Information”).

 

1.5 Cookies, Web Beacons, and Other Info Collected using Technology.

Rapid Response Marketing currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, Rapid Response Marketing may use other new and evolving sources of information in the future (together, “Technology Information”).

  1. Cookies.

    A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows Rapid Response Marketing to identify the individual with his or her corresponding data that resides in Rapid Response Marketing’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.

  2. Web Beacons.

    A web beacon is programming code that can be used to display an image on a web page (by using an <img src=”x”> programming function — see http://truste.org for more information), but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Rapid Response Marketing to track certain websites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, Rapid Response Marketing might place, with the consent of a Third Party website, a web beacon on the Third Party’s website where cosmetics are sold. When Jane, an individual listed in Rapid Response Marketing’s database, visits the cosmetic website, Rapid Response Marketing receives notice by means of the web beacon that Jane visited the cosmetics site, and Rapid Response Marketing would then update Jane’s profile with the information that Jane is interested in cosmetics. Rapid Response Marketing may thereafter present offers of cosmetic related products and services to Jane. In addition to using web beacons on web pages, Rapid Response Marketing also uses web beacons in email messages sent to individuals listed in Rapid Response Marketing’s database.

  3. New Technology.

    The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is Rapid Response Marketing’s use of new and evolving technology. As a result, Rapid Response Marketing strongly encourages individuals to revisit this policy for any updates regarding its use of technology.

  4. Usage Tracking.

    Rapid Response Marketing tracks information related to the electronic mailings and web pages viewed by users and subscribers, as well as the hyperlinks clicked by subscribers, while viewing our emails or visiting our websites.

  5. Log Files.

    Log files are used to track and monitor subscriber usage.

  6. Optional Registration.

    Rapid Response Marketing may offer free voluntary registration to potential subscribers. During such registration, the subscriber is required to supply an email address and other personal information. This information is required if the subscriber wants to participate in Company services or Third Party Services.

  7. Feedback and Inquiries.

    You have the ability to contact Rapid Response Marketing to provide us with your feedback. Rapid Response Marketing uses this information to respond to you and analyze customer service issues.

 

1.6 Outside Information

Rapid Response Marketing may receive information about individuals from Third Parties or from other sources of information outside of Rapid Response Marketing including information located in public databases (“Outside Information”).

 

1.7 Individual Information

As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information Rapid Response Marketing gathers or receives about individuals.

 

1.8 No Information Collected from Children.

Rapid Response Marketing will never knowingly collect any personal information about children under the age of 18. If Rapid Response Marketing obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our database. Because it does not collect such information, Rapid Response Marketing has no such information to use or to disclose to Third Parties. Rapid Response Marketing has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

 

1.9 Credit Card Information.

Rapid Response Marketing may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from Rapid Response Marketing. When the Credit Card Information is submitted to Rapid Response Marketing, such information is encrypted and is protected with SSL encryption software. Rapid Response Marketing will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction. Although Rapid Response Marketing takes all commercially reasonable action to protect Credit Card Information, you ultimately assume the risk of any damage or loss as a result of transmitting such information to Rapid Response Marketing, including but not limited to, identify theft, credit card fraud or credit card loss.

 

1.10 Links to External Websites.

Rapid Response Marketing’s emails and websites contain links to external websites. You will be taken to external websites if you click on these links. Your information may be passed from Rapid Response Marketing’s database to the external website, and/or external database, for your convenience (e.g. your information may be used to pre-fill a form at a destination website). Rapid Response Marketing is not responsible for the privacy practices or content of any external website owner. We encourage you to review the privacy policy of any website they visit.

2. Use of Individual Information.
2.1 Discretion of Information.

THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY’S SOLE DISCRETION.

The following paragraphs in Section 2 describe how Rapid Response Marketing currently uses Individual Information, but Rapid Response Marketing may change or broaden its use at any time. As noted below, Rapid Response Marketing may update this policy from time to time. Rapid Response Marketing may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.

 

2.2 Email and Unsubscribe Policy.

Rapid Response Marketing uses Individual Information to provide promotional offers by email to individuals. Rapid Response Marketing may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Rapid Response Marketing’s email lists, a person must send an email to network@xy7elite.com.

Rapid Response Marketing’s unsubscribe process impacts only the future delivery of electronic mailings disseminated by Rapid Response Marketing on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your personal information may still be shared with Third Parties for use in offline marketing and data appends, including email appends.

You should also note that unsubscribing from Rapid Response Marketing’s electronic mailings will not automatically unsubscribe the subscriber’s information from any Third Party associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Rapid Response Marketing, and you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.

 

2.3 Content of Email Messages.

In certain commercial email messages sent by Rapid Response Marketing, an Advertiser’s name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to Rapid Response Marketing. The “Subject:” line of Rapid Response Marketing email messages will usually contain a line provided from the Advertiser to Rapid Response Marketing.

 

2.4 Solicited Email.

Rapid Response Marketing only sends email to individuals who have agreed on the Websites to receive email from Rapid Response Marketing or to individuals who have agreed on Third Party websites to receive email from Third Parties. As such Rapid Response Marketing does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to Rapid Response Marketing’s email messages.

 

2.5 Targeted Advertising.

Rapid Response Marketing uses Individual Information to target advertising to an individual. When an individual is using the Internet, Rapid Response Marketing uses Technology Information (see also Section 2.7 below) to associate an individual with that person’s Individual Information, and Rapid Response Marketing attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Rapid Response Marketing may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.

 

2.6 Direct Mail and Telemarketing.

Rapid Response Marketing uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.

 

2.7 Use of Technology Information.

Rapid Response Marketing uses Technology Information (1) to match a person’s Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of Rapid Response Marketing’s websites are most frequently visited. This information helps Rapid Response Marketing to better understand the online habits of individuals so that Rapid Response Marketing can target advertising and promotions to them.

 

2.8 Profiles of Individuals.

Rapid Response Marketing uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as behavioral and other information obtained from public databases. Rapid Response Marketing may also publish personal information in the form of a testimonial if such information is sent to Rapid Response Marketing by you.

 

2.9 Storage of Individual Information.

Rapid Response Marketing stores the Individual Information in a database on our computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Rapid Response Marketing’s control. Not withstanding such measures, Rapid Response Marketing cannot guarantee that its security measures will prevent our computers from being illegally accessed, and the Individual Information on them stolen or altered.

3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.

RAPID RESPONSE MARKETING MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE IN RAPID RESPONSE MARKETING’S SOLE DISCRETION.

3.2 Order Fulfillment.

Rapid Response Marketing will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using Rapid Response Marketing websites or when responding to offers provided by Rapid Response Marketing.

 

3.3 Legal Process.

Rapid Response Marketing may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.

 

3.4 Summary Data.

Rapid Response Marketing may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

 

3.5 Access.

Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting network@xy7elite.com. Rapid Response Marketing may also grant advertising clients and email services providers’ access to an individual’s email address to verify the origin of the Individual Information collected.

4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.

Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Rapid Response Marketing does not control Advertisers’ use of such technology and Rapid Response Marketing has no responsibility for the use of such technology to gather information about individuals.

 

4.2 Links.

The Websites and email messages sometimes contain hypertext links to the websites of Third Parties. Rapid Response Marketing is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by Third Parties. Such links are provided for your convenience and reference only. Rapid Response Marketing does not operate or control in any respect any information, software, products or services available on such Third Party websites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

 

4.3 Affiliated Companies.

Rapid Response Marketing may disclose, transfer, and sell Individual Information to entities affiliated with Rapid Response Marketing in Rapid Response Marketing’s discretion.

 

5. Unsubscribe Procedures.

If you wish to discontinue receiving email messages from Rapid Response Marketing, you have several options:

  1. Unsubscribe from one email list.

    To unsubscribe from a particular list, either (1) send an email to network@xy7elite.com or (2) follow the instructions in each promotional email message sent by Rapid Response Marketing.

  2. Unsubscribe from all of Rapid Response Marketing’s email lists.

    We reserve the right to add Individual Information to multiple lists maintained by Rapid Response Marketing. To globally unsubscribe from all of Rapid Response Marketing’s lists, send an email to network@xy7elite.com.

Terms of Use


Rapid Response Marketing’s XY7Elite.com Affiliate Terms & Conditions Agreement

 

RAPID RESPONSE MARKETING LLC actively monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.
All web sites, newsletters, companies, or individuals need official approval from Rapid Response Marketing LLC ; http://www.XY7Elite.com before they can become an (Affiliate, Publisher Partner). Only web sites and newsletters that have been reviewed and approved are permitted to use the programs. RAPID RESPONSE MARKETING LLC. reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever.
In order to be eligible for “Leads Program” (Affiliate, Publisher, Partner) approval, all web sites and newsletters must meet the following criteria:

  • Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
  • Be written in English and contain only English language content
  • Have a top-level name
  • Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
  • Be fully functional at all levels; no “under construction” sites or sections
  • Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates
  • The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
    • Explicit, vulgar or obscene language
    • Posting or referencing of sexually explicit images or other offensive content
    • Promotion of adult services, such as phone sex or escort services
    • The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to:
    • Racial, ethnic, political, hate-mongering or otherwise objectionable content
    • Investment, money-making opportunities or advice not permitted under law
    • Gratuitous violence or profanity
    • Material that defames, abuses, or threatens physical harm to others or to you
    • Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
    • Software Pirating (e.g., Warez, Hotline)
    • Hacking or Phreaking.
    • Any illegal activity whatsoever
    • Any questionable or controversial subject matter
    • Any spoofing, reing, or trafficking from adult-related web sites in an effort to gain traffic
  • You cannot place our advertisements into your framed environment, unless approved by RAPID RESPONSE MARKETING LLC. Here in writing.
  • Your web site and/or newsletter cannot be ‘point, lottery, or rewards’ based encouraging users to click on our Advertisers’ banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from RAPID RESPONSE MARKETING LLC.

In order to be approved as a “Click Program” (Affiliate, Publisher, Partner), all web sites and newsletters must meet the following criteria:

  • Be approved as a “Leads Program” (Affiliate, Publisher, Partner)
  • Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
  • Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
  • Spawning process pop-ups and exit pop-ups are prohibited

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by RAPID RESPONSE MARKETING LLC., such as pre-population of forms or mechanisms not approved by RAPID RESPONSE MARKETING LLC.), you will forfeit your entire commission for all programs and your account will be terminated. RAPID RESPONSE MARKETING LLC. reserves sole judgment in determining fraud, and you agree to this clause.

It is the OBLIGATION of the (Affiliate, Publisher, Partner) to prove to RAPID RESPONSE MARKETING LLC. that they are NOT committing fraud. RAPID RESPONSE MARKETING LLC. will hold your payment in ‘Pending Status’ until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:

  • Have click-through rates that are much higher than industry averages and where solid justification is not evident
  • Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported
  • Have shown fraudulent leads as determined by our clients
  • Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs

Filling out this form constitutes an agreement between RAPID RESPONSE MARKETING LLC. and the (Affiliate, Publisher, Partner). The commission payment that is generated to the (Affiliate, Publisher, Partner) varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 60 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by RAPID RESPONSE MARKETING LLC. will be credited to the (Affiliate, Publisher, Partner) in the month that they are received. RAPID RESPONSE MARKETING LLC. does not guarantee payment to the (Affiliate, Publisher, Partner) if the Advertiser does not pay Rapid Response Marketing LLC.

Commission payment totals must exceed $50.00, otherwise this payment will not be made until the $50.00 minimum is reached. International (Affiliates, Publishers, Partners) (outside of the United States) agree to a minimum $50.00 to be reached.

(Affiliate, Publisher, Partner) agrees not to carry objectionable materials on their web site which would revoke their affiliation as determined by Rapid Response Marketing LLC. (Affiliate, Publisher, Partner) will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from Rapid Response Marketing LLC. Violation of this forfeits your commissions. (Affiliate, Publisher, Partner) WILL NOT spam or send unsolicited email mentioning or promoting the (Affiliate, Publisher, Partner) programs. Any violation of this will result in the (Affiliate, Publisher, Partner) being liable for damages of $1.75 per email sent and other damages as deemed by a court of law.

Editing of an Advertiser’s program images or copy is strictly prohibited. (Affiliate, Publisher, Partner) will only use approved banners and text to link to an Advertiser’s sign-up pages. (Affiliates, Publishers, Partners) will not mislead people to make it seem that they are signing up for an offer that is offered by the (Affiliate, Publisher, Partner) site. (Affiliate, Publisher, Partner) can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the (Affiliate, Publisher, Partner).

RAPID RESPONSE MARKETING LLC. reserves the right to terminate any (Affiliate’s, Publisher’s, Partner’s) contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to (Affiliate, Publisher, Partner) will be paid during the next billing cycle. If (Affiliate, Publisher, Partner) defrauds the system, then payment is revoked as determined solely by RAPID RESPONSE MARKETING LLC.

You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.

(Affiliate, Publisher, Partner) irrevocably covenants, promises and agrees to indemnify RAPID RESPONSE MARKETING LLC. and to hold RAPID RESPONSE MARKETING LLC. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member’s web pages.

If any (Affiliate, Publisher, Partner) violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, RAPID RESPONSE MARKETING LLC. reserves the right to withhold payment and take appropriate legal action to cover its damages.

RAPID RESPONSE MARKETING LLC. reserves the right to change any conditions of this contract at any time. Change notices are sent to (Affiliates, Publishers, Partners) by email, and (Affiliates, Publishers, Partners) are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the (Affiliate, Publisher, Partner) to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.

RAPID RESPONSE MARKETING LLC. gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by RAPID RESPONSE MARKETING LLC. or its upstream providers.

You agree to settle any dispute under this agreement under the laws of the State of Nevada. Any litigation arising under this Agreement will be brought in the federal or state courts of Nevada.

Any legal action taken by an advertiser, agency, client, person, or entity against RAPID RESPONSE MARKETING LLC. for actions of you (the affiliate) that violate these terms and conditions, you accept that RAPID RESPONSE MARKETING LLC. will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that RAPID RESPONSE MARKETING LLC. is not liable for your actions, and you will bear all costs (legal or otherwise) that RAPID RESPONSE MARKETING LLC. incurs if RAPID RESPONSE MARKETING LLC. is sued by advertiser, client, agency, person, or entity.

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.

Addendum Added Sept 15, 2006 and edited May 5, 2008

You represent and warrant that you will only advertise on services and providers which permit such advertisement.
Any affiliate who may be engaged in posting commercial speech of any kind on any myspace.com website or
craigslist.com website on any location within the myspace.com or craigslist.com domain will please cease and desist
immediately. Be advised that your commissions will be subject to withholding for any breeches of this directive
and your account will be terminated with XY7Elite.com. Any and all liability and incidental expenses incurred by XY7
as a result of this unethical advertising may result in an affiliate being billed for any such additional expenses.

You must be 18 years or older to sign up as a(n) RAPID RESPONSE MARKETING LLC. (Affiliate, Publisher, Partner).