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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:
· Infringes the rights, including without limitation the copyright, patent, trademark, trade secret or other proprietary rights, of any third party, or violates any agreement between you and a current or former employer concerning the intellectual property you create or created during your employment;
· 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.
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:
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.
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.
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:
Send the written communication to:Rapid Response Marketing, LLC.
Attn: DMCA Complaints
7500 W. Lake Mead Blvd., #9463
Las Vegas, Nevada 89128
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:
Send the written communication to:Rapid Response Marketing, LLC.
Attn: DMCA Complaints
7500 W. Lake Mead Blvd., #9463
Las Vegas, Nevada 89128
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.
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:
In order to be approved as a “Click Program” (Affiliate, Publisher, Partner), all web sites and newsletters must meet the following criteria:
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:
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.
You must be 18 years or older to sign up as a(n) RAPID RESPONSE MARKETING LLC. (Affiliate, Publisher, Partner).